We’ve all been there: you’re driving on a Sunday, the road is perfectly paved, there isn’t a worker in sight, but the orange 70 km/h signs are still up. Do you have to slow down? A recent BC Provincial Court decision, R. v. Markowsky, suggests that if the “reason” for the sign is gone, the legal requirement to obey it might be gone too.
On a sunny Sunday near Terrace, BC, Nicholas Markowsky was clocked doing 100 km/h in a construction zone posted at 70 km/h. He was handed a ticket for speeding against a highway sign (Section 146 (3) of the Motor Vehicle Act).
Most drivers would pay the fine and move on. Markowsky took it to court—and won.
Usually, if a sign is on the road, the law presumes it was put there legally (Section 201 MVA). However, the judicial justice in this case ruled that this is only a presumption, not a guarantee.
The court looked at two specific sections of the MVA to side with the driver:
- Section 138: Construction signs must be placed where work is “being carried out.”
- Section 142: It is actually an offence to leave temporary signs up after the reason for them no longer exists.
Since the road was freshly paved and no workers were present, the justice ruled that the “presumption of regularity” was displaced. The zone effectively reverted to the standard 100 km/h limit.
While the “no workers” argument won this case, there is an even stronger technicality for BC drivers to know.
Under BC law, a regulatory speed sign—the kind that carries a fine—must be black text on a white background. Most construction signs are black on orange.
Technically, orange signs are “warning” signs. Unless there is a specific “Construction Zone” tab or a white regulatory sign nearby, an orange sign alone may not meet the legal definition required to convict a driver of speeding under Section 146.
Even if the sign is orange, a police officer could potentially write a ticket for “Driving without due care and attention” (Section 144) if the road conditions are actually dangerous (e.g., loose gravel or low shoulders), even without workers present.
Takeaway for Drivers
- Document the scene: If you get a ticket in an empty construction zone, take photos of the road conditions and the lack of workers.
- Check the signs: Were they orange or white? Were the “regular” signs covered or still visible?
- Know the law: The Motor Vehicle Act is designed to protect both drivers and workers, not to slow down traffic for no reason.
Story URL: https://www.drivesmartbc.ca/case-law/can-you-ignore-construction-speed-signs-when-no-one-working
-- Tim Schewe Road Safety Advocate DriveSmartBC.ca
