Concern about the safety of highway work zones in New Hampshire has both the private and public sectors hailing a new law that requires motorists to obey flagpersons in highway construction or maintenance areas and utility work areas.

The new law (RSA 265:3-b), which went into effect on June 8, requires drivers to stop at least 25 feet from a flagperson displaying a signal to stop within any construction, maintenance or utility work zone. Failure to obey the flagperson can result in a $100 fine for a first offense and a $250 fine for an additional offense within a calendar year.

The need for the new law arose out of concern expressed by New Hampshire Department of Transportation employees and others that flagpersons were being occasionally flagrantly ignored by motorists without any legal consequences. This was presenting safety threats to the flagpersons, to those working in the work zones, and even to the motorists themselves.

"I applaud those Department of Transportation employees who stepped forward to point out the need for more protection," says NHDOT acting Commissioner Carol Murray. "Our employees need to know they can be safe while they are out on the roads trying to make everyone's driving experience safer and more enjoyable."

The new law grants the same legal rights to flagpersons granted by the legislature to school crossing guards in 1998.

"This new law is long overdue," says Ronald Machos Jr., Vice President of New England Traffic Control Services (NETC), of Manchester, New Hampshire. "From time to time for over a decade, NETC employees have been challenged as to their authority to stop traffic while working in utility work areas. Our goal is not to be signing dozens of complaints, but to keep the work zones even more safe by having motorists recognize the authority."

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