2 Del. Admin. Code § 1A.07

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1A.07 - Responsibility for Traffic Control Devices

Standard:

01 The responsibility for the design, placement, operation, maintenance, and uniformity of traffic control devices shall rest with the public agency or the official having jurisdiction, or, in the case of private roads open to public travel, with the private owner or private official having jurisdiction. 23 CFR 655.603 adopts the MUTCD as the national standard for all traffic control devices installed on any street, highway, bikeway, or private road open to public travel (see definition in Section 1A.13). When a State or other Federal agency manual or supplement is required, that manual or supplement shall be in substantial conformance with the National MUTCD.

Option:

01A (DE Revision) With the approval of the Delaware Department of Transportation Chief Engineer, traffic control devices and applications that do not comply with one or more standard statements in this manual may be used, if it has been determined based on engineering judgment that such devices/applications follow the basic precepts of traffic control devices (incorporating design elements that promote the ability of the road user to perceive, comprehend, and react as intended), and are determined to be in the best interests of Delaware's road users.

0223 CFR 655.603 also states that traffic control devices on all streets, highways, bikeways, and private roads open to public travel in each State shall be in substantial conformance with standards issued or endorsed by the Federal Highway Administrator.

Support:

03 The Introduction of this Manual contains information regarding the meaning of substantial conformance and the applicability of the MUTCD to private roads open to public travel.

04 The "Uniform Vehicle Code" (see Section 1A.11) has the following provision in Section 15-104 for the adoption of a uniform manual:

(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."

05 All States have officially adopted the National MUTCD either in its entirety, with supplemental provisions, or as a separate published document.

Guidance:

06 These individual State manuals or supplements should be reviewed for specific provisions relating to that State.

Support:

07 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.

Guidance:

08 States should adopt Section 15-116 of the "Uniform Vehicle Code," which states that, "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."

Support:

09 (DE Revision) Delaware Code Title 17, Chapter 1, §147, 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.

10 (DE Revision) Delaware Code Title 17, Chapter 1, §147, prohibits anyone from selling or offering for sale any traffic control device that does not conform with the "state manual and specifications".

11 (DE Revision) Delaware Code Title 17, Chapter 1, §147, states that "any traffic control device erected in violation of [the Delaware MUTCD], except experimental devices erected by the Department, shall be unofficial, unauthorized and unenforceable."

12 (DE Revision) Delaware Code Title 17, Chapter 1, §134, states that on "state highways within their corporate limits, incorporated cities and towns in the State may erect and maintain such traffic control signals as shall be authorized by proper ordinance of the city or town and by the Department."

2 Del. Admin. Code § 1A.07

21 DE Reg. 905 (5/1/2018) (Final)