Pole Problem: Potential safety issues on 295 as FDOT fails to fine contractor $10K per violation

JACKSONVILLE, Fla. — Action News Jax is investigating whether the Florida Department of Transportation (FDOT) is ensuring local highways are properly maintained, specifically the poles lining the Interstate 295 express lanes in the Southside and Mandarin areas.

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Those poles, known as delineators, are designed to separate express lanes from regular traffic lanes. Under FDOT’s own contract, they are supposed to be replaced within days if they are knocked down or go missing. If they aren’t, the maintenance contractor can face steep fines.

But Action News Jax’s Ben Becker has learned that isn’t happening.

Missing poles, visible gaps

Thousands of white delineators line I-295, creating a barrier meant to prevent drivers from weaving in and out of the tolled express lanes.

If you drive the corridor regularly, you’ve likely noticed many are missing or lying broken along the roadway.

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During multiple visits over the course of a month, Action News Jax observed dozens of missing poles in the same locations. In some stretches, more than three consecutive delineators were gone -- leaving wide gaps between the express and regular lanes.

Those gaps can create opportunity and temptation for drivers to illegally cross over and lane dive.

Designed for safety, but do they create risk?

Delineators are intended to create a fast, reliable, and safe driving experience in express lanes. But when they’re missing, safety concerns grow.

“It’s dangerous,” Stuart Ratzan, a South Florida trial lawyer who has represented families injured in highway crashes involving delineators, said.

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FDOT’s own 2022 research found that approximately 7.9% of crashes involved vehicles crossing over the pylons.

Ratzan said drivers frequently ignore or damage the flexible poles.

“People drive over them. They drive around them. They knock them over. They want to get in the other lane for all kinds of reasons,” he said. “They create an invitation for lane diving, and for years this has been a big problem and the problem has been exacerbated by a lack of maintenance.”

What the contract says

According to FDOT’s “Scope of Services” agreement with its contractor, if more than three consecutive delineators are missing within seven days -- or by the next scheduled repair, whichever comes first -- the contractor must pay $10,000 per location.

Given the number of gaps observed on I-295 over several weeks, potential violations could total hundreds of thousands of dollars.

FDOT responds

In an emailed statement, FDOT said:

“Approximately 23,200 delineators are installed along the I-295 Express Lanes.

“About 175 delineators are replaced monthly on the East and West Beltways as part of regular maintenance cycles.”

However, when asked whether its contractor has received fines, penalties, or warnings related to missing delineators, FDOT said no, even though delineator replacement is included in performance-based contracts.

Are repairs enough?

Ratzan believes the problem goes beyond replacing broken poles.

“You have a bad problem to begin with, and you can’t fix it by trying to repair every delineator. They don’t have the manpower or the money to get it done,” he said.

He argues that a more permanent barrier and stronger enforcement may be needed to prevent dangerous lane changes.

What drivers should know

Drivers who intentionally drive through the plastic poles to enter or exit express lanes illegally can face a $179 fine and up to four points on their license.

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