In the transportation arena, as in others, we often wonder whether something is a guideline, a best practice, or a regulation – is it a may, a should, or a shall? The Delaware Manual on Uniform Traffic Control Devices (MUTCD) comes down to a shall.
As noted in the Introduction to the MUTCD, it is “incorporated by reference in 23 Code of Federal Regulations (CFR), Part 655, Subpart F and shall be recognized as the national standard for all traffic control devices installed on any street, highway, bikeway, or private road open to public travel…in accordance with 23 U.S.C. 109(d) and 402(a).”[1] That is a long-winded way of saying that the MUTCD is backed by the federal code of regulations…so take heed.
We see further substantiation of the Delaware MUTCD in its Part 1, which draws our attention to Delaware Code Title 17, Chapter 1, §147. The Delaware Code, “requires the state of Delaware to ‘adopt a uniform standard for each type of traffic-control device to be used on all highways open to the public in this State.’ Delaware has adopted the Delaware MUTCD and the Delaware Sign Book to fulfill this requirement. The Delaware MUTCD addresses adaptations of the Federal Highway Administration (FHWA) MUTCD to Delaware’s experience.”[2] In other words, Delaware Code requires a standard and the Delaware MUTCD is it.
Part 1 of the MUTCD reinforces this position by reference to the “Uniform Vehicle Code,” which has the following provision (emphasis added):
“’(a) The [State Highway Agency] shall adopt a manual and specification for a uniform system of traffic control devices consistent with the provisions of this code for use upon highways within this State. Such uniform system shall correlate with and so far as possible conform to the system set forth in the most recent edition of the Manual on Uniform Traffic Control Devices for Streets and Highways, and other standards issued or endorsed by the Federal Highway Administrator.’
“’(b) The Manual adopted pursuant to subsection (a) shall have the force and effect of law.’”[3]
Well, okay, but does it apply to my roadway, you ask? In all likelihood, yes. The MUTCD answers it definitively in the Introduction:
“A. Toll roads under the jurisdiction of public agencies or authorities or public-private partnerships shall be considered to be public highways;
- Private roads open to public travel shall be as defined in Section 1A.13; and
- Parking areas, including the driving aisles within those parking areas, that are either publicly or privately owned shall not be considered to be “open to public travel” for purposes of MUTCD applicability.”[4]
The first item is straightforward enough. The last one also, except you do want to be careful with large parking complexes (think Christiana Mall, Delaware Park, Dover Downs, the beach outlets, etc.), because while the parking areas may be excluded, circulation roadways have been interpreted to fall under the MUTCD. That leaves us with private roads open to public travel, and essentially that means any roadway without a gate that is closed (think gated community). For that, we turn to the definitions in Part 1:
“Private Road Open to Public Travel—private toll roads and roads (including any adjacent sidewalks that generally run parallel to the road) within shopping centers, airports, sports arenas, and other similar business and/or recreation facilities that are privately owned, but where the public is allowed to travel without access restrictions. Roads within private gated properties (except for gated toll roads) where access is restricted at all times, parking areas, driving aisles within parking areas, and private grade crossings shall not be included in this definition.”[5]
For those of you with maintenance responsibility for parks and similar areas, think about the internal roadways and how the Delaware MUTCD applies there. Again, short of the parking areas themselves and any “official use only” roads (meaning they are so labeled and gated, fenced, or cabled), your internal roads (even unpaved roads) fall under the Delaware MUTCD.
There are a number of reasons why this rather nuanced (some would say tedious) explanation is worthwhile to come back to periodically:
- The MUTCD, while imperfect, is the product of transportation engineers across the country in an unending feedback loop of research, practice, surveys, scans, and Manual re-writes to keep pace with the changes in “the fleet,” technological advances, new distractions, and changes in driver behavior.
- It addresses all traffic control devices – signs, pavement markings, traffic signals, beacons, pedestrian signals, drums, cones, barricades, message boards, etc. – so it is largely a one-stop shopping experience.
- It also is a significant resource for how to accommodate disabled pedestrians in the public right of way.
- Its consistent and faithful application is a key to creating a safer environment for our pedestrians, cyclists, and drivers.
- It is our legal standard for traffic control devices.[6]
- Federal and state funding can be jeopardized if we are in substantial non-compliance with the MUTCD.
- Compliance with the Delaware MUTCD is a powerful tool if you or your agency becomes involved with civil litigation regarding the operation and maintenance of the roadway and its right of way.
- Civil litigation attorneys make it their business to know the Delaware MUTCD inside and out. Your concerted (and documented) efforts to fully comply with the MUTCD will serve you well if you find yourself part of such a lawsuit.
In summary, the MUTCD is codified at the federal level, the Delaware MUTCD is codified for all roads open to public travel, and it can be your friend or your foe in civil litigation, depending upon whether you have conspicuously adhered to it.
The Delaware T2/LTAP Center’s Municipal Engineering Circuit Rider is intended to provide technical assistance and training to local agencies and so if you have MUTCD questions or other transportation issues, contact Matt Carter at matheu@udel.edu or (302) 831-7236.
[1] Delaware MUTCD, Introduction, ¶02
[2] Delaware MUTCD, Section 1A.07, ¶09
[3] Delaware MUTCD, Section 1A.07, ¶04
[4] Delaware MUTCD, Introduction, ¶03
[5] Delaware MUTCD, Section 1A.13, ¶13
[6] Nothing in this article should be considered, in any way, to be legal advice or the practice of law. Consult your legal counsel for all interpretations of the law.
You must be logged in to post a comment.