Page:Manual on Uniform Traffic Control Devices for Streets and Highways, 11th Edition (December 2023).pdf/44

Page 4 CHAPTER 1B. LEGAL REQUIREMENTS FOR TRAFFIC CONTROL DEVICES

Section 1B.01 

Standard:

The Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) 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 site roadway open to public travel (see definition in Section 1C.02) in accordance with 23 U.S.C. 109(d) and 402(a).

In accordance with 23 CFR 655.603(a), the MUTCD shall apply to all of the following types of facilities:
 * A. Any street, roadway, or bikeway open to public travel, either publicly or privately owned;
 * B. Streets and roadways on sites that are off the public right-of-way that are open to public travel without full-time access restrictions. Examples include roadways within shopping centers, office parks, airports, sports arenas, other similar business and/or recreation facilities, governmental office complexes, schools, universities, recreational parks, and other similar publicly-owned complexes and/or recreation facilities. The above-described examples of streets and roadways are referred to in this Manual as site roadways open to public travel;
 * C. Publicly-owned toll roads, including those under the jurisdiction of a public agency, public authority, or public-private partnership;
 * D. Privately-owned toll roads where the public is allowed to travel without access restriction. This includes gated toll roads or roadways where the general public is able to pay to access the facility; and
 * E. Grade crossings of publicly-owned roadways with railroads or light rail transit.

The MUTCD shall not apply to the following types of facilities:
 * A. Roadways within private gated properties where access to the general public is restricted at all times;
 * B. Grade crossings of privately-owned roadways with railroads; and
 * C. Parking areas, including the driving aisles within those parking areas, that are either publicly or privately owned.

Support:

The policies and procedures of the Federal Highway Administration (FHWA) to obtain basic uniformity of traffic control devices are as described in 23 CFR 655, Subpart F.

Section 15-116 of the UVC (see Section 1A.06) states, “No person shall install or maintain in any area of private property used by the public any sign, signal, marking, or other device intended to regulate, warn, or guide traffic unless it conforms with the State manual and specifications adopted under Section 15-104.” Adoption by agencies of such a provision through statute or ordinance can help maintain the integrity of official traffic control devices and provide continuity of uniformity at locations that are not subject to the provisions of this Manual.

Section 1B.02 

Support:

All States have officially adopted the National MUTCD either in its entirety, with supplemental provisions, or as a separate published document. The National MUTCD has also been adopted by the National Park Service, the U.S. Forest Service, the U.S. Military Command, the Bureau of Indian Affairs, the Bureau of Land Management, and the U.S. Fish and Wildlife Service.

Standard:

'''States or other Federal agencies that have their own MUTCDs or Supplements shall revise these MUTCDs or Supplements to be in substantial conformance with changes to the National MUTCD within 2 years of the effective date of the Final Rule for the changes [23 CFR 655.603(b)(3)]. Substantial conformance of such State or other Federal agency MUTCDs or Supplements shall be as defined in 23 CFR 655.603(b)(1).'''

For the purposes of Paragraph 2 of this Section, policies, directives, specifications, standard drawings, or similar documents that are issued by an agency and that change or modify Standard, Guidance, or Option provisions in this Manual shall be considered as supplements to the MUTCD and shall also be revised to be in substantial conformance with the National MUTCD. Sect. 1B.01 to 1B.02