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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 47, § 47-11-1302: Maintenance and construction zones

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Where this section sits in the code
  1. OK Code
  2. Title 47

A. The Department of Transportation, Oklahoma Turnpike

Authority and any county or city in this state are hereby authorized

to close any highway or section thereof, within their respective

jurisdiction, to traffic while the highway is flooded or under

repair, maintenance or construction and, in exercising the

authority, shall erect or cause to be erected traffic-control

devices and barricades to warn and notify the public that the

highway has been closed to traffic.

B. When any highway has been closed to traffic under the

provisions of subsection A of this section and traffic-control

devices or barricades have been erected, it shall be unlawful for

any person to drive any vehicle through, under, over, or around the

traffic-control devices or barricades, or otherwise to enter the

closed area. The provisions of this subsection shall not apply to

persons while engaged in the construction, maintenance and repair of

the highway or to persons entering therein for the protection of

lives or property; provided, that persons having their places of

residence or places of business within the closed area may travel,

when possible to do so, through the area at their own risk.

C. Whenever construction, repair and maintenance of any highway

is being performed under traffic, the Oklahoma Turnpike Authority,

Department of Transportation, county or city having jurisdiction

over the highway shall erect, or cause to be erected, traffic-

control devices to warn and guide the public. Each person using the

highway shall obey all signs, signals, markings, flagmen or other

traffic-control devices which are placed to regulate, control, and

guide traffic through the construction or maintenance area. As used

in this subsection, "construction or maintenance area" means any

area upon or around any highway that is visibly marked as an area

where construction, repair, and maintenance is temporarily

occurring. The construction or maintenance area also includes the

lanes of highway leading up to the area upon which an activity

described in this section is being performed, beginning at the point

where properly posted traffic-control devices start to warn and

guide the public into and through the construction or maintenance

including, but not limited to, instructions to merge from one lane

into another lane, to reduce speed, or to follow directions of

flagmen.

D. The "Merge Now" traffic-control device that is used to warn

and guide the public using the highway to merge shall be located in

advance of the highway construction or maintenance area in

accordance with the standards set forth in the most current edition

of the Federal Highway Administration's Manual on Uniform Traffic

Control Devices. Whenever any traffic-control device requires

traffic to merge due to the closure of a section or lane of highway,

the merge shall be completed:

1. As soon as practicable after passing the traffic-control

device; and

2. Without passing any other traffic proceeding in the same

direction.

E. No person shall remove, change, modify, deface or alter any

traffic-control device or barricade which has been erected on any

highway under the provisions of this section.

F. Nothing in this section shall relieve the state or any of

its subdivisions or their contractors, agents, servants or employees

from liability for failure to perform any of the duties imposed

herein.

G. Except as provided in subsection H of this section, any

person who violates any provision of this section shall, upon

conviction, be guilty of a misdemeanor punishable by a fine of not

less than One Hundred Dollars ($100.00) nor more than One Thousand

Dollars ($1,000.00) or imprisonment in the county jail not to exceed

thirty (30) days, or both such fine and imprisonment, and shall be

liable for any damage to property, or injury to or death to persons

on who violates any provision of this section shall, upon

conviction, be guilty of a misdemeanor punishable by a fine of not

less than One Hundred Dollars ($100.00) nor more than One Thousand

Dollars ($1,000.00) or imprisonment in the county jail not to exceed

thirty (30) days, or both such fine and imprisonment, and shall be

liable for any damage to property, or injury to or death to persons

caused by the violations. In addition, the court may order

restitution in an amount equal to the actual costs of the emergency

response and repair or replacement of any damaged or lost emergency

equipment.

H. When any section of a highway, turnpike, county road or city

street has been closed to traffic due to flooding that is ongoing

and traffic-control devices or barricades have been erected by law

enforcement or other government officials with authority over

traffic control, it shall be unlawful for any person to tear down,

damage or remove any traffic-control devices or barricades or drive

any vehicle through, under, over or around the traffic-control

devices or barricades, or otherwise to enter the closed area. Any

person who violates the provisions of this subsection shall, upon

conviction, be guilty of a misdemeanor punishable by a fine of not

less than One Hundred Dollars ($100.00) nor more than One Thousand

Dollars ($1,000.00). The person shall be guilty of a misdemeanor

punishable by a fine of not less than One Hundred Dollars ($100.00)

nor more than Two Thousand Five Hundred Dollars ($2,500.00) and

imprisonment in the county jail for not more than one (1) year if

the operator of the motor vehicle was transporting a person eighteen

(18) years of age or younger at the time of the violation.

Persons convicted pursuant to the provisions of this subsection

shall be ordered to pay restitution in an amount equal to the actual

costs of the emergency response and repair or replacement of any

damaged or lost emergency equipment. In addition, the person shall

be liable for any damage to property or injury or death to persons

caused by the violation.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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