Traffic Cone Laws: What You Can (and Can’t) Do With Construction Cones
Traffic cones are everywhere. Those bright orange markers guard construction zones, parking spots, and road hazards. But what happens if you need to move one that’s blocking your path? What if you accidentally hit one?
The rules and consequences surrounding these common road markers aren’t as simple as you might think. Let’s explore what’s legal, what’s not, and how to handle these common traffic cone situations.
A Brief History of Traffic Cones
Before the 1940s, road crews relied on clunky wooden barriers to mark off work zones. But everything changed when Charles Scanlon, a frustrated Los Angeles road painter, got tired of cars driving through his fresh paint jobs.
In 1943, he patented the rubber traffic cone, and by 1947, his design had spread across America’s roadways.
While they’re officially called traffic cones, you might know them as construction cones, safety cones, road cones, or simply “those orange cones.” Some folks even call them pylons, though that term is more common outside of the US.
What Are Traffic Cones Used For?
Today’s traffic cones serve multiple purposes. While you’ll most often see them guiding traffic around road hazards and protecting workers in construction zones, they have many other uses too.
Car enthusiasts might recognize them from autocross events, where cones create challenging race courses in parking lots. Sports teams use them for training drills, and driving schools rely on them for teaching parking and maneuvering skills.
Most cones you’ll see are orange or yellow, but they can also come in other colors. Orange typically indicates temporary hazards or construction, while white cones often mark off permanent features or special events.
Schools, warehouses, and private businesses also use cones to manage parking, direct foot traffic, or mark off maintenance areas.
Types and Sizes of Traffic Cones and Barrels
The size matters too. Those little 12-inch cones you might use for parking practice aren’t the same as their highway cousins. Federal guidelines require highway cones to be at least 28 inches tall, making them harder to ignore (and harder to move).
You’ll also see construction barrels on many roads, especially highways. These orange and white drums are much larger than cones, typically weighing 50-60 pounds. While older metal barrels were sometimes filled with sand or concrete, modern ones are made of plastic with weighted bases. They’re used when more visibility is needed or in situations requiring a more substantial barrier than cones.
Basic traffic cones are made from PVC plastic these days, with a weighted base to keep them stable. Many include reflective stripes for better visibility at night. Some even have special designs, like collapsible versions you can keep in your car’s trunk for emergencies.
Laws and Regulations
Is It Illegal to Move Traffic Cones?
Simply put, yes, it’s illegal to move traffic cones in most situations. These aren’t just plastic markers taking up space on the road. They’re official traffic control devices, and moving them is considered tampering with safety equipment.
Most states treat this as a misdemeanor offense, which might not sound serious until you see the penalties.
What Are the Penalties for Moving or Stealing Cones?
While state-dependent, the consequences can be severe. Most states classify stealing a cone as petty theft, a type of misdemeanor. The type/severity of misdemeanor is dependent on the actual value of the cone (they cost more than most people think).
For example, in Texas, you could face up to a year in jail and a $4,000 fine for a Class A misdemeanor. In Ohio, taking an expensive construction cone can result in a first-degree misdemeanor charge resulting in up to 180 days in jail and a $1,000 fine.
Even worse, if moving a cone leads to an accident, you could be held legally responsible for any injuries or damage that result.
What About Driving Between or Around Cones?
This is another big no-no. Driving between (weaving) or around traffic cones in a construction area is not only illegal but dangerous. Construction zones often have hidden hazards like uneven pavement, holes, or workers that you can’t see.
To makes things worse, fines in construction zones are typically doubled, making this a very expensive mistake.
What If a Cone Is Blocking Your Driveway?
Finding your driveway blocked by a traffic cone can be frustrating, but don’t just move it yourself. Instead, contact your local traffic department or the construction company if their information is posted nearby (it should be).
They can either remove the cone or explain why it needs to stay there. Remember, that particular cone might be marking an unsafe condition you can’t see.
Can You Move Cones In an Emergency?
Even in emergencies, think twice before moving traffic cones. If you absolutely must move a cone in a genuine emergency, document the situation with photos and contact local authorities immediately afterward. Just remember that what may seem like an emergency to you, might not actually qualify legally as one.
What Happens If You Hit a Cone?
Damage to Your Vehicle
Hitting a traffic cone isn’t like running over a small cone used for soccer or basketball drills. Modern cones have heavy bases to keep them in place, and some construction crews even modify them with additional weight.
While the cone might bounce away like a rubber ball, you could end up with damage to your bumper, scuffs and scratches on your paint, or even a cracked windshield if you’re moving fast enough.
Related: Average Cost to Repaint a Bumper
Should You File an Insurance Claim?
Think carefully before calling your insurance company about cone-related damage. Since this falls under collision coverage, you’ll need to pay your deductible which may be close to (or even more than) the actual cost to fix it.
On top of that, filing a claim might cause your monthly premiums to go up. Unless the damage is significant, you might be better off paying for repairs yourself.
Are There Legal Consequences?
Lightly tapping a cone isn’t likely to get you in trouble at all. However, if you hit one hard enough to knock it over or move it significantly, that’s where problems could start.
In construction zones, displacing cones could result in a citation, especially if it creates a hazard for other drivers or workers. And those construction zone fines typically cost double.
The real trouble starts if you hit a cone hard enough to displace it and keep driving without reporting it. This could be seen as leaving the scene or tampering with traffic control devices, particularly if the moved cone creates a dangerous situation for others.
What Should You Do If You Hit a Cone?
If you hit a cone hard enough to knock it over or move it significantly, the best approach is to stop if it’s safe to do so. Look for any damage to your vehicle and check if the displaced cone is creating a hazard for other drivers.
If the cone is blocking traffic or knocked out of its intended position, call the local police non-emergency number or the number posted on any nearby construction signs to report it. Don’t try to fix or move the cone yourself (remember what we said about tampering with traffic devices)!
If you just lightly tap a cone and it stays in position, there’s typically no need to stop or report it.
See Also: Plastic Piece Dragging Under Your Car? (What It Could Be)
Construction Zone Safety
Those orange cones aren’t just randomly scattered across the road. Road crews place them in specific patterns to create safe paths for both drivers and workers. Each cone is part of a carefully planned setup that guides traffic away from hazards while maintaining proper lane width and safe distances from work areas.
Speed Requirements Around Cones
Construction zones usually require slower speeds, and those limits are strictly enforced. Even if you typically drive a little over the limit on open roads (many of us do), construction zones are not the place to do so.
Most areas double the fines for speeding in work zones, making a ticket especially expensive.
The lower speed limits aren’t just about giving you more reaction time. They’re there to help protect workers who are often just feet away from passing vehicles. These are people with families who deserve to make it home safely at the end of their shift.
Night Driving Through Cone Zones
Construction zones can be especially tricky at night. While most cones have reflective stripes, they can still be hard to see (especially in rain, snow, or fog). Reduce your speed even more than you would during daylight hours.
If you’re having trouble seeing where the cones lead, follow the taillights of the car ahead of you while maintaining a safe distance.
Common Driver Mistakes
The biggest mistake drivers make is treating cone zones too casually. They try to zip through at normal speeds, change lanes at the last second, or follow other cars too closely. Each of these choices puts everyone at risk (you and those around you).
Other Common Questions
Who Owns Traffic Cones?
Most traffic cones belong to state or county transportation departments, construction companies, or local governments. While you can buy traffic cones for personal use, the ones on public roads are official traffic control devices. Taking them (even if they seem abandoned) could result in theft charges.
What If Cones Are Missing, Damaged, or Placed Incorrectly?
Spotted something wrong with traffic cones? Whether they’re blocking a valid lane, creating confusion, missing entirely, or damaged, don’t take matters into your own hands. Instead, contact your local traffic department, the non-emergency police number, or the construction company listed on nearby signs.
While a damaged or misplaced cone might not seem like a big deal, it could mean drivers aren’t being properly guided around dangerous areas. The right people can verify if the setup is correct or fix any problems before an accident happens.
Why Are Some Cones Heavier Than Others?
Not all traffic cones are created equal. Highway cones need to stand up to wind from passing trucks and weather conditions, so they’re taller and heavier.
Parking lot cones can be lighter since they don’t face the same challenges. Some cones even have extra weight in their bases to prevent tipping.
Can I Buy Traffic Cones for Personal Use?
Absolutely, you can buy traffic cones for your own use, like marking off parking spots at events or warning about hazards in private lots. Just make sure they look different from official road cones to avoid confusion. Many retailers sell orange cones in smaller sizes perfect for personal use.
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