Effect of MUTCD on Tort Liability of Government Transportation Agencies (2014) / Chapter Skim
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4 judgment in applying the MUTCD, and the Manual's mandatory and nonmandatory provisions. Section III also discusses state statutes that may affect, limit, or even immunize transportation departments for their decisions regarding their use or omission of traffic control devices.
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5 such as its purpose, definitions associated with the part, and the part's application to traffic control devices. The chapters that follow a general chapter address specific aspects of the subject of each part of the Manual.
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6 right-of-way shall not be located where they will interfere with, or detract from, traffic control devices."30 Several statements in Part 2 on Signs became Standards. For example, in Section 2A.18 on Mounting Height, the statement in paragraph 01 that "[t]
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7 allowed to keep their existing signs until they need to be replaced, at which time the replacement sign must comply with the 2009 MUTCD.43 In Part 3, Markings, Section 3B.08, Extensions Through Intersections or Interchanges, paragraph 06, which had recommended "that edge lines should not be extended through major intersections or major driveways as solid lines" was changed from a guidance statement to a Standard.44 In Part 6, Temporary Traffic Control, Section 6F.60, Portable Changeable Message Signs, paragraph 07 was elevated to a Standard to require "that Portable Changeable Message signs comply with specific chapters and tables in the MUTCD."45 In Section 6F.71 on Longitudinal Channelizing Devices, the statement in paragraph 07 was changed to a Standard: "If used for pedestrian traffic control, longitudinal channelizing devices shall be interlocked to delineate or channelize flow. The interlocking devices shall not have gaps that allow pedestrians to stray from the channelizing path."46 2.
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8 application of Portable Changeable Message Signs was converted from a "STANDARD to SUPPORT because this statement just provides information, rather than requirements."56 3. Other Changes to the MUTCD Allowing for the Exercise of Discretion In the Introduction to the MUTCD discussing the term Standard, FHWA changed the statement in paragraph 09 to a guidance statement to provide that "[t]
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9 FHWA added Section 2B.56 on Ramp Metering Signs. Although FHWA had proposed to add a Guidance statement on the recommended use of new regulatory signs that should accompany ramp control signals, FHWA adopted the language as an option statement to "allow[]
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10 ond, FHWA restored three guidance sentences that were included in Section 1A.09, Engineering Study and Engineering Judgment, of the 2003 edition but were deleted in the 2009 edition. The guidance sentences FHWA restored that now are a part of the 2009 MUTCD are: The decision to use a particular device at a particular location should be made on the basis of either an engineering study or the application of engineering judgment.
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