Manual on Uniform Traffic Control Devices for Streets and Highways
The Highway Safety Act requires states to adopt updates to the Manual on Uniform Traffic Control Devices (MUTCD) or similar standards within two years of release or risk a 10 percent reduction in federal highway-aid funds. The Bipartisan Infrastructure Law contained a requirement for an updated MUTCD within 18 months of the bill’s enactment and then updated every four years.
The most recent updates to the MUTCD went through the notice-and-comment period and include guidance under the standard mandating that traffic control messages have priority over traffic safety campaign messages:
“A CMS (changeable message sign) should not be used to display a traffic safety campaign message if doing so could adversely affect respect for the sign. Messages with obscure or secondary meanings, such as those with popular culture references, unconventional sign legend syntax, or that are intended to be humorous, should not be used as they might be misunderstood or understood only by a limited segment of road users and require greater time to process and understand. Similarly, slogan-type messages and the display of statistical information should not be used.”
The use of short witty statements to convey a safety message has become popular with some local and state transportation agencies. Several states and members of Congress expressed concern about the restrictions. Federal agency spokespeople responded to news outlet inquiries explaining that the guidance is a recommendation for state and local transportation departments but not mandatory. The language in the guidance, however, says “should not,” making it liable to be interpreted by recipients as required rather than optional.
January 18, 2024
