FHWA Ruling Impacts Traffic Control Devices on Private Property

5/12/2008

Effective January 16, 2007, the final rule Traffic Control Devices on Federal-Aid and Other Streets and Highways; Standards (23 CFR Part 655 - FHWA Docket No. FHWA-2005-23182) summarizes the FHWA is revising its regulation that prescribes procedures for obtaining basic uniformity of traffic control devices on Federal-aid and other streets and highways. This final rule makes some nomenclature changes, removes outdated references, and provides clarification on the meaning of roads “open to public travel” and “substantial conformance.

Meaning of roads “open to public travel”

Language has been revised that, for the purpose of MUTCD applicability, the phrase “open to public travel” includes tolls roads and roads within shopping centers, parking lots, airports, sports arenas and other similar business and recreation facilities that are privately owned but where the public is allowed to travel without access restrictions. In addition, according to the final rule, “the FHWA does not believe it is necessary for State and/or local highway agencies to have specific authority or enforcement responsibility for traffic control devices on private roads. State or local agencies are not required to police the private properties open to public travel to ensure compliance with the MUTCD. However, this change does make it clear that private roads open to public travel are subject to the same traffic control standards as public streets and highways. Therefore, owners or parties responsible for such private roads are encouraged to bring the traffic control devices into compliance with the MUTCD and other applicable State Manuals.

The purpose of this change is to create awareness to private properties to improve safety and increase uniformity of traffic control devices on roads used by the general public.

To view the FHWA Final Rule, visit www.regulations.gov. In search field enter FHWA-2005-23182.