Retro Reflectivity
Do you really know how this can
affect you?
June
13th 2014. Do you know what this date means to you, as a
municipality or private property which is open for public travel? If you have
no idea what I’m talking about perhaps you better read a little further.
This
is the date established by the Manual on Uniform Traffic Control Devices which
requires all municipal agencies and private property, which is open to public
travel, to have a plan in place to manage and assess their traffic signs. You know commercial and industrial
properties, municipal roadways or really just about any place that you may
drive a vehicle. WHAT? I know most of you think I’m talking some
kind of gibberish. Well get ready because this may affect you even more than
you think.
Right
now everyone is asking what the heck is a traffic sign assessment and
management program? That is a program that requires you to assess and manage
your traffic signs beginning with regulatory and warning signs while making
sure that they are compliant with the current retro reflectivity standards
associated with traffic signs.
Again,
everyone reading this is scratching their heads and asking whether or not I
should be committee, simply because most of you have never heard of traffic
sign retro reflectivity.
Okay,
okay, let’s go to the beginning. Traffic sign retro reflectivity is defined as
how a light source is reflected off of the traffic sign surface and returned to
its original source. When this occurs it makes the sign visible to the driver.
This does not necessarily have to be during nighttime conditions, but anytime a
sign is being viewed. This could be during inclement weather, or even during
the day when sunlight is being reflected off the sign face and making it
visible to the motorists.
By
now most of you are saying a traffic sign is a traffic sign, they put it up
when they build the place or the road and then who cares about? Well if you are
municipality or the owner of a property that has the traffic signs perhaps
better perk up and get ready to care! I guess I only need to say a few words
and those words are “TORT LIABILITY”!
The
definition of tort liability as defined by business dictionary.com is as
follows, “A legal obligation of one party to a victim as a result of a civil
wrong or injury. This action requires some form of remedy from a court system.
A tort liability arises because of a combination of directly violating a
person’s rights and the transgressions of a public obligation causing damage or
a private wrongdoing. Evidence must be evaluated in a court hearing to identify
who the liable party is in the case.”
Let
me simply explain this in layman’s terms. If you are responsible for traffic
signs, whether you are municipality or a private agency and you neglect your responsibility
to maintain those signs and keep them compliant with the current regulations,
you can be sued. Traffic signs all have a life expectancy and there are many
variables which contribute to how long a sign will remain compliant. Some of
these contribute factors are weather, sunlight, the materials used to construct
the signs along with many other things.
I
think you’re going to find there are a lot of people that are going to start
caring about sign retro reflectivity. Probably the two biggest are attorneys
and insurance companies. Why? Because, they have one of the largest stakes in
these rules and regulations! If you are not compliant your insurance company
may be the one footing the bill for the injuries or damage caused by not being
compliant. Attorneys will have a huge stake in either defending or bringing
legal proceedings against you or your insurance company. Either way this can be
costly.
Many
people don’t even think they’re responsible for their traffic signs. Well think
again. If you need a driveway or Highway Occupancy Permit to put an entrance
into your property or business and there are signs on those drawings or permit,
you may have accepted the responsibility for those signs. In some cases some
state, county and local agencies place the responsibilities for traffic signs
which are added on the roadway to the property owner. These could be simply a
Lane control sign for a turn lane added to access the property or a simple stop
sign at the entrance requiring people to stop before they exit the property. If
an accident occurs and your sign is not compliant I tend to believe that you
may be liable or the very least may have to spend a lot of money defending
yourself.
And
then there are municipalities. Technically if the sign does not meet the
current requirements, how can they enforce the rules and regulations associated
with those signs? For instance if someone is caught speeding at night and the
sign does not meet the retro reflective requirements, how can someone be fine
for this offense? Hey, if you’re caught speeding on June 14th 2014,
go to the municipality where the offense occurred and asked them to see their
traffic sign assessment and management plan. If they can’t provide you with
one, they are probably not compliant and you can fight the ticket and maybe get
out of the fine or violation.
These
items are only the tip of the iceberg. I believe that retro reflectivity of
traffic signs and traffic control devices have far more reaching implications.
Just drive around in any state, county or local municipality and look at the
poor condition of work zone traffic control devices. According to most
contracts and or regulations these items are to be compliant with current
standards. Are they? I would be willing to bet, there are a large percentage
that are not compliant. Is this another liability? That is very possible and
I’m sure that the insurance companies and attorneys will figure it out, but not
without a cost.
I
have people telling me the same old thing this is just another thing that
nobody is ever going to enforce. Or I’ve been told ah this is something new, I
have plenty of time to comply. Well guess what, traffic sign retro reflectivity
was addressed in a Congressional Directive in December 2007, stating that the
Secretary of Transportation was to revise the Manual on Uniform Traffic Control
Devices to include a minimum levels of retro reflectivity that must be
maintained for traffic signs. That was seven years ago. Life expectancy of
traffic signs can be as low as five years, in which case, you as the owner of
the traffic signs should of replace them by now.
I
think life is going to get a little bit more interesting when it comes to
traffic sign retro reflectivity. So I guess every municipality and private
property which allows access by the public has some choices to make. They can
get on board and get into compliance, or maybe they want to type in “defense
attorney” in their search browser keep their number handy.
Many
people look for the writing on the wall. I look for the visible traffic sign,
which most often gives me the direction I need. What direction will you choose?
Dave. E. Gemmill
D. E. Gemmill, Inc.
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