Complying with the MUTCD in the Absence of Specific Compliance Dates

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1 Complying with the MUTCD in the Absence of Specific Compliance Dates Road & Street Supervisors Traffic Solutions October 15, 2013 James W. Ellison, P.E. Consulting Traffic Engineer Rick Mowlds, P.E. WSDOT Sign Engineer

2 Achieving conformity with the MUTCD New installations Target compliance dates Before end of service life of a device

3 New installations New construction & reconstruction Resurfacing, restoration, or rehabilitation New sign locations on existing roads

4 Target compliance dates For implementation of particular devices Listed in MUTCD Table 1-2 Discussed within context of a Standard ( shall statement)

5 Target compliance dates recent changes FHWA Final Rule published May 14, 2012 Most target compliance dates published in 2009 MUTCD have been eliminated Now only 12 target compliance dates Effective date of Final Rule June 13, 2012

6 Target compliance dates Revised Table 1-2

7 Target compliance dates Revised Table 1-2

8 Target compliance dates Revised Table 1-2 Footnotes to Table 1-2

9 Target compliance dates recent changes Effectively 8 remaining in Table other compliance dates in new Table 1-2 have come and gone (crashworthiness of sign supports & high visibility apparel)

10 Sign Retroreflectivity Target Compliance Date Sign assessment or management method to be implemented by June 13, 2014 Former compliance date was January 22, 2012 Specific target compliance dates for sign retro replacements removed in favor of systematic replacement approach

11 New requirements for number and locations of One-Way signs Target compliance date: December 31, 2019

12 Using horizontal alignment signs based upon curve differential speed Target Compliance Date: December 31, 2019

13 LEFT plaques required for exits to the left Target Compliance Date: December 31, 2014

14 Section 4D.26 Yellow change intervals and red clearance intervals Durations shall be determined using engineering practices Compliance date June 13, 2017 or when timing adjustments are made (whichever occurs first) Former compliance date was December 31, 2014

15 Ped. Change Interval (FDW) shall end at least 3 seconds ( buffer ) before Buffer shall not begin later than the start of the red clearance interval, if used Compliance date June 13, 2017 or when timing adjustments are made (whichever occurs first) release of conflicting traffic

16 YIELD or STOP signs required at passive highway-rail grade crossings by December 31, 2019 Retroreflective strip on crossbuck support & crossbuck by December 31, 2019

17 What if there is no specific target compliance date for an existing non-compliant device? Replace before end of service life Non-compliant device damaged, missing, or no longer serviceable? Replace with a compliant device No longer serviceable = end of useful life

18 Option available to replace a non-compliant device in-kind, based on engineering judgment One compliant device in midst of series of non-compliant devices would be confusing The series of non-compliant devices is scheduled for replacement for timely compliance with the MUTCD

19 What if there is no specific target compliance date for an existing non-compliant device? Replace before end of service life Use a systematic upgrading process

20 What if there is no specific target compliance date for an existing non-compliant device? Unless a particular device is no longer serviceable, non-compliant devices on existing highways and bikeways shall be brought into compliance with the current edition of the National MUTCD as a part of the systematic upgrading of substandard traffic control devices... (2009 MUTCD - Introduction)

21 Systematic? Webster uses words like... According to a system, method, or plan Regular; orderly planning; methodical Principles, rules, etc. arranged in a regular, orderly form so as to show a logical plan linking the various parts... An established way of doing something...

22 Existing devices in the field that do not meet the new MUTCD provisions are expected to be upgraded by highway agencies over time to meet the newprovisions via a systematic upgrading process... (Federal Register,August 31, 2011)

23 Challenges to highway agencies Current economic climate Staffing levels Increase in material costs Labor & equipment costs to implement upgrades Budget cuts and/or no increases in M&O

24 Systematic upgrading process allows highway agencies to prioritize their traffic control device upgrades based on: Relative safety needs Costs Available resources

25 Systematic Upgrading Process Deferring certain upgrades Agencies can decide to defer upgrade of certain non-compliant devices until device wears out, is damaged or destroyed, or is replaced Before end of service life

26 Systematic Upgrading Process Where upgrades should not be deferred Construction projects Where there is a specific compliance date When a device is at the end of its service life

27 What if you don t comply? No MUTCD Police Who enforces?

28 What if you don t comply? Withholding of Federal funding? Confirmed! Bureaucrats Have No Sense of Humor, Funny Stop Signs Nixed (Source: David Lavrinc, Autoblog.com, May 2, 2008)

29 What if you don t comply? Standards of good practice? Professional ethics? Doing the right thing? Uniformity Driver comprehension Safety considerations

30 What if you don t comply? Tort liability and risk management Potential claims Potential lawsuits Damage awards

31 What if you don t comply? Tort liability and risk management Kentucky Transportation Center University of Kentucky Roadway-Related Tort Liability and Risk Management The largest total dollar claim amounts were related to claims involving traffic control devices. The major types of claims in this category would be related to inadequate signs or markings, lack of a stop sign, or inadequate warning on a stop approach.