Traffic Issues

“Let’s put a STOP Sign There And Slow Down Traffic” WRONG!

Many local and county officials are often pressured by constituents to put in STOP signs at intersections where the citizens of the neighborhood want to interrupt traffic, either by making the vehicles stop or by making it an inconvenience so that the traffic will use more expedient routes.This is a bad practice and will usually create more problems than they solve. In addition, if the municipality does not pass a traffic ordinance to authorize the placement of this regulatory device, the sign has no enforceability.

Studies from around the country show that there is a high incidence of intentional violations where the STOP signs are installed as a speed deterrent. These studies showed that the speed was reduced in the immediate vicinity of the sign but the speeds were actually higher between intersections than they would have been if the signs had not been there.

When installed correctly, a STOP sign will tell the driver and pedestrian who has the right of way.The Federal Highway Administration’s Manual on Uniform Traffic Control Devices contains criteria, which must be met in order to justify the installation of STOP signs as well as traffic control signals.Among other things, these criteria consider traffic speed, sight distance, traffic volume and the frequency of gaps that occur in the traffic that would allow for safe vehicle entry or pedestrian crossing.

Most drivers are reasonable, but when faced with unreasonable restrictions, may violate them and develop contempt for other traffic controls.Not only is this dangerous for the driver but for the responsible agency as well.Unwarranted or substandard traffic control devices contributing to an accident can sometimes be grounds to award a judgment against an agency involved in a lawsuit.

School Bus turnaround and STOP AHEAD signs, if justifiable and needed, can be erected on public ways. All signing on state or local roads must follow the criteria defined in MUTCD sections 7B.13 and 7B.14. It's important to understand that roadway bus signing may not make it any safer for buses or the travelling public. The best solution for a safe pickup area is to provide adequate sight distance for all vehicles. When one understands that these signs are usually visible 24/7/365 to all passing drivers and they are really only ‘needed’ for 1 minute or less during school pickup and dropoff times, their ultimate value is minimal at best.

• MaineDOT policy on ‘School Bus STOP AHEAD’ signs(PDF)
• MaineDOT policy on ‘School Bus TURN AROUND’ signs(PDF)

Road signs give messages to drivers. If the messages are unclear, unnecessary, or confusing they can cause danger to motorists and others. Maine municipalities and the Maine Department of Transportation use the Manual on Uniform Traffic Control Devices (MUTCD) as the standard for placing traffic signs and markings to give clear messages to motorists.

According to the report "Maintenance Management of Street and Highways Signs" by the Transportation Research Board, improvements in traffic signing have the highest benefit-cost ratio of any highway safety improvement. About 29% of tort liability lawsuits against highway departments are related to traffic signing. For these reasons alone, it is worthwhile to install road signs according to the MUTCD.

Citizens often demand that the town erect "Children at Play" signs on their street to reduce the risk of automobile-pedestrian accidents. Selectmen ask: What does the MUTCD say about "Children at Play" signs? If we erect a sign on one street, won't we get requests from other neighborhoods in town to do the same? What's the town's liability?

The short answer is DO NOT ERECT "Children at Play" signs. The long answer is a bit more complicated:

• First, the "Children at Play" sign is unclear and unnecessary. It suggests to the driver that, if no such sign is present on another street, children are not playing there, and it is OK to speed or to be less careful. Another driver might interpret the sign to mean that children are playing in the road. Always? At what time of day?
• Second, it gives parents and children a false sense of security. By relying on the sign, parents might monitor their children less closely and children might interpret the sign to mean it is acceptable to play in the street.
• Third, one "Children at Play" sign leads to a proliferation of signs throughout the town. Since nearly every block has children living on it, there would have to be signs on each one. The effect of too many signs is that they become ineffective. The proliferation of signs breeds disrespect, not only for the specific signs, but for all signs.
• Fourth, to erect "Children at Play" signs in response to one request usually generates similar requests, thereby basing sign placement on politics rather than on sound traffic engineering judgment.
• Fifth, based on numerous studies, there is no evidence that "Children at Play" signs prevent injury or decrease the speed of vehicles.
• Sixth, because they are confusing and do not meet specific criteria for good signing, placing "Children at Play" signs opens the municipality to liability.
• Seventh, since all signs need to be maintained to be effective, the proliferation of unnecessary signs places an undue burden on maintenance crews. Purchasing, erecting and keeping these signs in good order is expensive.

For these reasons, the MUTCD discourages the use of "Children at Play" signs. However, municipalities can and should post signs for school zones, pedestrian crossings, and playgrounds. The MUTCD makes specific reference to these situations. Signing such areas gives clear messages to drivers about the kind of zone they are entering. "Children at Play" signs, on the other hand, do not meet a specific criteria.

Adapted from "Vermont Local Roads News"

Wisconsion Study

• Effectiveness of Children at Play Signs (PDF)

MMA's "Maine Townsman" article-Nov. 2008

JAKE BRAKE ADVISORY

from Maine Townsman, "Legal Notes," November 2008

For several years, and for several reasons, we've advised against the adoption of "Jake Brake" or engine braking ordinances as a means of controlling truck engine noise (see " Jake Brake' Ordinances," Maine Townsman, "Legal Notes," October 2000). Now we learn, courtesy of the MaineDOT's Maine Local Roads Center, that engine braking ordinances may actually be pre-empted by federal law.

The Noise Control Act of 1972 (now codified at 42 U.S.C. § 4917) authorizes the Environmental Protection Agency (EPA) to promulgate uniform national noise emission regulations for motor carriers engaged in interstate commerce. The federal statute expressly prohibits the states and their political subdivisions (including municipalities) from adopting or enforcing noise standards applicable to any motor carrier engaged in interstate commerce unless the standards are identical to the federal standards (see § 4917[c][1]). (The current version of the EPA's regulations is codified at 40 C.F.R. § 202.20.) Therefore, unless the noise standards in an engine braking ordinance are identical to the federal standards, the ordinance is unenforceable as applied to motor carriers engaged in interstate commerce.

As we've advised all along, engine braking ordinances can be difficult to enforce and may not get at the real problem, which is often a modified or defective exhaust system (which is already against State law, 29-A M.R.S.A. § 1912). The federal preemption of these ordinances as applied to motor carriers engaged in interstate commerce may be one more good reason to reject them.

Thanks to the Maine Local Roads Center (and its Vermont counterpart) for bringing this issue to our attention. (By R.P.F.)

Jake Brake Issues

• What they are and can a town control the truck engine noise?
  • What they are and can a town control the truck engine noise? Many towns around Maine have started erecting “No Jake Brake” signs (or something similar) in hopes of “controlling” the engine noise from downshifting trucks Many residents are conscious of the noise and want the town “to do something” about the noise. Depending on your town and the cooperation of truckers, the results may be positive or they may be negligible.
• What is a Jake Brake?

  • What is a Jake Brake? "Jake Brake " is a registered trademark of Jacobs Vehicle SystemsTM. The term “Jake Brake” is sometimes incorrectly used to refer to compression release type engine brakes in general. The term correctly refers to all of Jacobs Vehicle Systems retarding products, including their line of Exhaust Brakes and Driveline Brakes. as well as Jacobs Engine Brakes. The Jacobs Engine Brake is a device that mounts on the engine overhead. The principle behind the Jacobs Engine BrakeTM engine retarder is simple. It changes the action of the exhaust valves, turning the engine into a giant air compressor. It makes a distinctive sound while in operation, and converts a power-producing diesel engine into a power-absorbing retarding mechanism. It is typically used on class 7 and 8 vehicles and can be activated or deactivated at the flip of a switch or foot on the pedal Further details can be seen on the company’s website:

    www.jakebrake.com

    When operating, it produces a distinctive staccato sound. When used on a vehicle with a poorly muffled or un-muffled exhaust (straight pipes for example), the sound can be quite loud.. which is what citizens will complain about. According to the Jacobs Company, the real problem here is the illegally modified or defective exhaust systems.

    The signs around Maine are probably unfairly using the company trademark, because they are brand-specific. The term "Jake Brake" also refers to the company’s nearly silent exhaust brakes and driveline brakes, so these signs don't make sense for all Jake Brakes.. and don't target the root problem of illegal exhaust systems Therefore, any sign or ordinance should avoid use of the term “jake brake”.

• What are the benefits of using a “jake brake”?

  • A “jake brake” can provide:

    • Faster, steadier, more efficient braking performance.
    • Reduced wear on engine, tires, and service brakes.
    • Lower vehicle maintenance costs.
    • Less vehicle downtime.
    • Enhanced driver confidence.
• Can our town pass an ordinance to “control” the noise?

  • Can our town pass an ordinance to “control” the noise? First of all, erecting a sign or two without an ordinance has no legal authority As with any regulatory traffic issue, a traffic ordinance must be in place to “enforce” the actual signs, or the sign is advisory only.Enacting a traffic ordinance to deal with “jake brakes” under 30-A § 3009 may seem like a kind and responsive reaction to engine noise, but is safety of the public being compromised?? Engine brakes are very effective at reducing the speed of heavy trucks on a downgrade, but what if the trucker had to stop quickly for a child or elderly person or an entering vehicle, and only use his regular brakes?? In most cases, the stopping distance will be longer without the engine braking system and this could lead to disaster at the bottom of the hill.

    At best, the success of an ordinance will probably be voluntary compliance from truckers Some truckers may be sensitive to their truck noise and will try to reduce the noise, while others may intentionally try to make it worse, especially if a “squeaky wheel” citizen is emphatic about the noise problem. If a town passes a specific "jake brake ordinance", is the “No Jake Brake” sign or “Quiet Zone” sign a black lettering-on-white regulatory type sign.... or is it (wrongly) on a black-on-yellow warning sign?? If the local police get into the action of enforcement, are they going to check the actual engine braking system installed on each truck, or have a decibel meter to measure the noise level? What if the trucker says he had to stop quickly for a pedestrian? Or the car in front of him stopped quickly?

• What is the real problem?
  • The federal government has required all vehicles manufactured since 1978 to meet noise requirements when delivered to the customer. Today, trucks are required to emit less than 80 dBa of noise when they drive by, as measured at 50 feet. So trucks have been required to meet noise requirements when they leave the dealership as new vehicles for quite some time. In many “noisy truck” areas, the real problem is modified or defective exhaust systems. There is a good chance that the noisy trucks are running with straight stacks or gutted mufflers. Some are poorly maintained vehicles, while others have drivers who simply enjoy making noise. In any case, the use of the engine brake may not be the problem. The real problem in this noise issue is the illegal exhaust systems in many trucks At other times, it may be the engine braking system, which is being used by the driver who has not tried to slow down in advance of a hill or traffic signal. The regulations on vehicle noise relating to engine/muffler systems need to be enforced Otherwise, atown would be fining for using engine brakes (sometimes being used justifiably) and not fining for the illegal muffler system
• What can a town do?

  • Most states, including Maine, already have a law on the books that prohibits operating a motor vehicle on a public highway without a serviceable muffler (MRSA 29-A§ 1912). The real noise offenders, those with straight stacks or gutted mufflers, are operating in violation of this law. Have your local police stop noisy vehicles and check them for muffler integrity. Cite those that are not in compliance. This is a fairly easy step that should produce a noticeable improvement in the quality of life of your community.

    If the town decides to enact a traffic ordinance under 30-A § 3009, it probably is best to hope for voluntary compliance, but who will do the enforcement? Another ordinance without enforcement possibilities is relatively useless Be sure to use the black-on-white signs and try to avoid the term “jake brake”. maybe use “quiet zone ahead”, or “reduce engine noise ahead”.

    If a town does not adopt an ordinance and simply puts up a sign or two, the signs have no legal authority or enforceability.

• The MaineDOT response
  • The MaineDOT will not erect these signs on state roads The only way that a sign will appear is if a town officially adopts an ordinance and erects the signs themselves Then the town will be responsible for enforcement, sign maintenance, or any liability issues

Reviewed and edited by MMA Legal Division (October, 2000)

MUTCD Compliance Date Rulemaking

As of May, 2012, the FHWA completed its review of nationwide public comments relative to certain deadlines for sign reflectivity for all types of roadway signs. Their review is detailed in a Federal Register dated May 14, 2012 and can be found here: http://mutcd.fhwa.dot.gov/. The effective date of their ruling was June 13, 2012.

Essentially, they changed the target dates for certain traffic control devices, including street name signs, and reduced the impacts of these dates on state and local agencies. They eliminated compliance dates for 46 items and extended or revised 4 more items. A couple of the eliminated dates related to sign reflectivity and deadlines to meet those conditions. More details can be found here: http://safety.fhwa.dot.gov/roadway_dept/night_visib/signreg.cfm.

Even more info can be found here, especially on nighttime visibility of different devices: http://safety.fhwa.dot.gov/roadway_dept/night_visib/.

Prior to this 2012 ruling, the National MUTCD, which is the standard for all roads open to public travel in Maine and every state, had some important dates of January 2012, 2015, and 2018 that spoke about having a state or local sign management plan plus some replacement dates for specific signs. That has now been simplified and replaced with this May 2012 information. The details are now incorporated in the online version of the 2009 MUTCD http://mutcd.fhwa.dot.gov/kno_2009r1r2.htm and specific details can be found in Table I-2 in the Introduction, and Table 2A-3 in Section 2A.08.

For Maine towns and cities, it’s important to understand that compliance with this standard is achieved by having an assessment or management method in place by June 14, 2014 even though some individual signs do not meet the minimum levels at a certain point in time. The Center is now working on some sign inventory software for municipal use to help towns/cities meet this requirement.

The MaineDOT Traffic Division has chosen the Management Method entitled “expected sign life”. Typically this means that individual signs are labelled to mark the date of fabrication or installation.

Pamphlet on Sign Assessment and Management Methods.

• Retroreflectivity Information (PDF)

The use of bright yellow-green fluorescent warning signs is permissible for certains signs on public roads in Maine. Up to this time, national standards, as described in the Manual on Uniform Traffic Control Devices (MUTCD), only allowed the use of yellow as the background color for permanent warning signs such as curve
signs, pedestrian signs, school zone signs, etc.

The 2003 MUTCD includes the optional use of these fluorescent signs for pedestrian, bicycle, and school applications. Specifically, the allowable signs include the following:

• Pedestrian W arning (W11-2)
• Bicycle W arning (W11-1)
• School Advance W arning Sign (S1-1)
• "School" Plaque (S4-3)
• School Bus Stop Ahead (S3-1)
• Playground W arning (W15-1)
• In-Street Pedestrian Crossing Signs (R1-6)

No other applications are allowed for the use of this very bright color. The intent of this unique color is to increase the driving public's awareness of crosswalks, schools, and bicycle areas. If the color was allowed for other "regular" warning applications, the color would grow "old" very fast and would not command as much attention.Limiting this color to these particular signs will hopefully make them more noticeable to the driving public.

The initial cost of purchasing one or more of these signs is more than a conventional engineering grade sheeting. A town which decides to erect some of these bright signs at certain areas in town will pay a higher initial price for the fluorescence. The payoff is a sign which has been shown to be more visible and which may result in better motorist recognition, thus reducing vehicular-pedestrian conflicts.

It's worth trying some of these signs if your town has a typical pedestrian/vehicle conflict on some of its roads. This color has been received positively as an accepted and innovative tool to provide for increased pedestrian safety.

Most towns throughout Maine are finished with their E-911 process and have invested in and erected new street name signs. Recent changes on the federal level have raised a few questions about sign color, size, and reflectivity. How will this affect Maine towns and cities?

Consider the following factors:

• The driving population is getting older
• Older drivers have only 65 % to 77% of the legibility distance of younger drivers at night
• Drivers of ambulances, fire trucks & police cars depend on highly visible signs especially when it's foggy or snowy, especially if they have to cover a large territory and many towns
• Tourists rely on signs for guidance to hotels, homes, etc
• other drivers, including UPS and Federal Express drivers depend on good street sign

Examples of old and new signs

Recommended standard for new or replacement signs after 2012

Former standard

New Standards call for Sign changes during replacements

The national Manual on Uniform Traffic Control Devices (MUTCD) governs the design and placement of all signs on roads that are open to the public.
There are several varieties of signs that are available for public road use. The most suitable is the green background with reflective white lettering. It is important to insure that letters are tall enough and thick enough to be easily seen day or night. Proper mounting height is also very important.

Listed below are the recommended standards concerning the size, placement, materials, colors, and lettering for road signs. They are based on the MUTCD, which is the national standard for all public agencies, including municipalities, the Maine DOT, and the Federal Highway Administration.

Size

• Changes to the MUTCD in 2012 list a new recommended size for lettering on any new (or replacement) road name signs. Existing signs can remain “as-is” until there is a need to replace them in the future.
• The lettering for names of streets and highways shall be composed of a combination of lower-case letters with initial upper-case letters, such as “Main St” rather than “MAIN ST”. As of June 2012, the MUTCD recommends that initial upper-case letters be at least 6 inches in height and lower-case letters be at least 4.5 inches in height.
• Supplementary lettering (such as St, Ave, Ln, or Rd) or the section of the city (such as NW) may be in smaller lettering, composed of initial upper-case letters at least 3 inches in height and lower-case letters at least 2.25 inches in height.
• For local roads with speed limits of 25 mph or less, the lettering on post-mounted Street Name signs may be composed of initial upper-case letters at least 4 inches in height and lower-case letters at least 3 inches in height.
• On multi-lane streets with speed limits greater than 40 mph, the lettering on post-mounted Street Name signs should be composed of initial upper-case letters at least 8 inches in height and lower-case letters at least 6 inches in height.
• If overhead signs are used, the lettering should be composed of initial upper-case letters at least 12 inches in height and lower-case letters at least 9 inches in height.
• Typical blade heights are 6 and 9 inches. Blade lengths can vary with the names but longer signs can become unstable if not built with the proper material or thickness.

Placement

• In business or commercial areas and on principal arterials, signs should be placed at least on diagonally opposite corners. In residential areas, at least one Street Name sign should be mounted at each intersection. Signs naming both streets should be installed at each intersection. They should be mounted with their faces parallel to the streets they name.
• The preferred mounting method for road signs is post top-mounting brackets. Hardware for mounting signs to posts can vary but an agency should choose the more durable product to minimize vandalism and the ease of removal.
• In rural areas, the minimum height, measured vertically from the bottom of the sign to the elevation of the near edge of the pavement, of signs installed at the side of the road shall be 5 feet.
• In business, commercial, or residential areas where parking or pedestrian movements are likely to occur, the minimum height, measured vertically from the bottom of the sign to the top of the curb, or to the elevation of the near edge of the traveled way, of signs installed at the side of the road or where the view of the sign might be obstructed, shall be 7 feet.
• To optimize visibility, Street Name signs may be mounted overhead.
• Road name signs can be mounted on top of another sign, such as a STOP sign as long as the visibility of the two signs, especially the STOP sign, is not compromised.

Colors

Street Name sign shall be retroreflective, or illuminated, to show the same shape and similar color both day and night. The color of the legend (and border, if used) shall contrast with the background color of the sign which is normally green. The only acceptable alternative background colors shall be blue, brown, or white. Regardless of whether green, blue, or brown is used as the background color for Street Name (D3-1 or D3-1a) signs, the legend (and border, if used) shall be white.

For Street Name signs that use a white background, the legend (and border, if used) shall be black. An alternative background color, other than the normal green, may be used when the town wants to distinguish between public vs private roads. Retroreflective sheeting should be high intensity prismatic or better.

Lettering

All word messages shall use standard wording and letters as shown in the MUTCD and in the "Standard Highway Signs and Markings" book.

Materials

The most commonly used material for blades is either extruded aluminum with a 0.25 inch flange edge thickness and a 0.063 to 0.08 inch web (min.) or flat sheet aluminum with a minimum thickness of 0.08 inches (6 in. blade) to 0.125 inches (9 in. blade). Other materials, such as fiberglass or wood can be used, if they achieve the same level of visibility, durability, and reflectivity but that can be difficult to impossible to achieve compared to aluminum. On lower speed roadways in federally-recognized historic districts, historic street name signs may be used without complying with many of these provisions such as color, letter size and reflectivity.

Dig-Safe

Calling Dig-Safe is also a MUST before you install posts in new locations. In fact, it is a State Law. Driving posts is technically "excavation", with the possibility of damaging underground cables or utility lines. It may seem like overkill, but calling a free 888-number with the exact locations of all your posts is really not a difficult task. Damaging a fiber optic cable which "I knew wasn't there" can create major headaches for everyone and cost you a lot of money. For more info, see www.digsafe.com

Can a Town Legally erect Street Name Signs on Private Property for E-911?

Maine Municipal Association recently provided the following information to guide towns who would like to post road signs on privately owned roads:

• Ordinarily, it is unconstitutional for towns to expend public funds for private property, BUT, towns can expend public funds for signs to post on private property for public safety reasons.
• In order for towns to install signs on private property, they must first get permission from the landowner, unless the sign is being posted on the public right-of-way or easement.
• It is recommended that land owner permission be granted in the form of an easement because verbal permission can be revoked at any time. A letter granting permission would be second best.
• If a town were to install a sign on a private road without permission, the owner could legally remove it.
• If a person removes a sign on a public right-of-way, it is a criminal offense. In addition, the town can recover costs in a civil suit against the perpetrator.
• Towns are not under any obligation to post signs on a public or private way. The Emergency Services Communication Bureau (E-911 office) strongly recommends that, in the interest of public safety, towns do post signs on ALL roads. In many, many places, that sign is the only identifying object to the responding ambulance or policeman.
• Often residents of private roads are concerned that having a road sign will encourage more traffic. "Some towns differentiate between public and private roads by signing public roads with green signs and private roads with blue or red signs," explained Stephan M. Bunker, E9-1-1 Director (former). "Other towns add a small sign with the ‘PVT" on it to designate a private road."
  
  Adapted with permission from MMA, Sept. 1997

New standard for all new and replacement signs as of June 2012 with proper size, color, retro-reflectivity, and letter sizes.	A Street sign in good condition with properly sized letters, and correct usage of color contrast as recommended by the MUTCD (white on Green). As of June 2012, when this is replaced, the letters need to look like “James” and not “JAMES”.	Marginal sign because it has no reflectivity for nighttime visibility and it is bent with chipped paint. While the MUTCD recommends white-on-green for contrasting colors, black-on-white is acceptable too. When this sign is replaced, it needs to be retro-reflective and say “Central” and not “CENTRAL”.
Not recommended. It's distinctive but lettering is too small and sign is non reflective	Marginal sign because it has no reflectivity for nighttime visibility. While the MUTCD recommends white-on-green for contrasting colors, white-on-blue is acceptable too. When this sign is replaced, it needs to say “Sheldon” and not “SHELDON”.	Good sign but lettering is only 2" tall when it should be minimum 4" tall.
A sign in poor condition. No reflectivity, but does it use contrasting colors. However, the MUTCD recommends using white lettering on a green background. Plus, E-911 standards discourage "FR" (Fire Road) signs, because you would have addresses such as 24 Fire Rd. 42 or 42 Fire Rd. 24.	This is not a recommended standard in the MUTCD. It has vertical lettering (which may be buried in the snow), a wooden post, non-reflective paint and black on white lettering instead of white on green lettering. It is also "unnatural" for human eyes to read vertically.	Quaint idea and provides refuge for birds, but is NOT recommended for street name signs.

There are many of these devices on Maine roads. Some are on state roads and others are on local roads. This is the MaineDOT's position and policy regarding the use of in-street devices to alert motorists to the potential presence of pedestrians in marked crosswalks. These devices are specifically for unsignalized pedestrian crossings where there is a marked crosswalk. The Manual on Uniform Traffic Control Devices (MUTCD) is the official guide for the installation and use of traffic control devices on all Maine highways. The latest version of this document was published in December, 2009 and it addresses the use of in-street devices at crosswalks in Sections 2B-12 and 7B-12.

The MaineDOT does not support an independent development of another standard or the use of "nonstandard" devices sold by vendors. As a practical matter, if you have any one of a variety of these devices now in your town/city, then it is recommended to replace these devices with this new standard. Maine DOT has generally not objected to these devices being placed in marked crosswalks on State roads at the discretion of the local municipality.

Consideration should be given to the overall width of the street, the existence of parking, and ability of the motorists to recognize that a crosswalk exists and potential liability. In addition, does the device create a sense of false security to pedestrians who "feel" more protection from one of these devices and proceed with less caution across the crosswalk? Also, it's important to understand that if the State is restriping the centerline near these devices, the striping truck will probably turn off the paint guns, drive around this device and resume striping on the other side, especially if they are bolted into the pavement.

If a device is placed in the road, it must not encumber the movement of vehicles along the street. That is, it should be a flexible vertical panel which does not encroach into the normal travel lane and it must bounce back to its normal vertical position when struck by a vehicle. It should also not be placed directly in the crosswalk to hinder pedestrians. Any sign shall not be post-mounted on the left or right side of the road. The message/device must be reflectorized if it is to be left in place during night time hours and it must not have metal signs or heavy weighting devices such as concrete blocks or sandbags. It must use the word "YIELD" and not "STOP" to be consistent with Maine law.

MaineDOT recognizes that pedestrian concerns are an important issue to many communities throughout the State. The Department has also accepted the fact that the use of these in-street devices has apparently had a positive effect on driver behavior and awareness of pedestrian needs. Although State law (23 § 1351) states that "all traffic control devices, erected by towns, on state and state aid highways shall be subject to approval of the Department", MaineDOT has not prohibited their use in those locations which have been determined by local agencies to meet the criteria for installation.

It's also very important to realize that municipalities are subject to the so- called "highway defect law" (23§ 3651-3655) and these devices may create some liability issues if injury or property damage results due to the presence of these devices. Also, it's important to realize that if you ultimately decide to allow the first device on a road, many more requests may follow. Does the Town have good justification for allowing some, but not others, and does it have $200+ to pay for each device?

Sign Examples

Too big with metal sign	Dangerous	Big barrel with metal signs& sandbag on top not good
Better because the message says “YIELD	Better,but State law Says “YIELD”.not "STOP"	Proper device

It is probably easiest to develop local rules which follow the format of the Maine Municipal Association which has a "model ordinance" available. This "model" could be very helpful in developing your local regulations.

MMA Model ordinance (Word) (PDF) Updated February 2018

The main idea is to enact rules which are related to the registered gross vehicle weight. This eliminates the need to actually weigh vehicles-simply check the registrations. If you do not specify registered weight in your rules, then actually weighing vehicles is a requirement if you want to prosecute violators.

WHEN TO POST

In Maine, there is a large variation in weather from south to north and road conditions can vary dramatically. Whether it's in the "January thaw" or later in the winter and early spring, the top road layers begin thawing and can't drain excess water which makes the road highly susceptible to damage. To reduce roadway damage, the MaineDOT and many towns apply spring load restrictions ( or "post" the roads) during the critical time interval when the pavement is most vulnerable to damage. That is usually when temps starting getting above 32 F. However, there is now a very handy technical tool to help make that takes the guesswork out of when to post a road.

A statewide freezing/thawing map is available at: http://nrcc.cornell.edu/industry/roads/ In the top right, be sure to switch the map to the "Cumulative Thawing Index" (CTI) and look for the areas that exceed 25 (brown and yellow). These are the areas where postings should exist where applicable. Click on the "Forecast Days" to see how thawing or freezing is projected to change based on the current weather forecasts. This is a final product resulting from a research project that took place over the past couple years. Being a tool, one needs to combine this with local knowledge and local soil and road base conditions to help fine tune your decision to post a road.

SIGN PLACEMENT

Signs "must be conspicuously posted" at each end of each section of road which the Town wants to temporarily restrict heavy vehicles. The actual signs should be highly visible in color and size. You may want to place the signs high enough to be out of easy reach of vandals, but not so high as to be missed by drivers. The law does not specify any particular height.

The signs must specify the "designated sections of a public way, the periods of closing and prescribed restrictions or exclusions."

Also, if a vehicle must travel over an adjacent town's unposted road first before it gets to your town's posted road, what do you expect them to do? It's best to work with the adjacent town before you create this difficult situation.

TYPE OF SIGNS

Where to buy the orange "Heavy Load" signs (PDF)
Typically, fluorescent orange signs measuring 11" x 22" are available at many local printshops around the State. The color does not have to be fluorescent orange - it may be white, yellow, or any other visible color. The thickness of the signs is also important because a thin sign will not stand up to snow, rain, or slush.
The "Heavy Loads Limited" signs, which are the most commonly used signs in Maine are OK, but how does a truck driver know the weight limit, vehicle types, and posting dates when driving by them? Drivers are not known to stop and go over and read the signs!
In early 2017, the MaineDOT redesigned its signs to graphically highlight the 23,000 pound limit at the top. It also changed some of the exemptions (the "fine print") to comply with some recent Rule changes. Those signs are available at local print shops too. It's important to realize that these new signs DO NOT have to be used immediately. If your town has some of the "old" style, use them up first before you purchase the new ones.
Or you may want to design your own and put your weight limits in BOLD PRINT. This format will get your message across more clearly.

FILLING IN THE BLANKS

Each sign shall state:

• The name of the road and if all or parts of the road are being posted.
• The "prescribed restrictions" (i.e. weight limits)
• The periods of closing.
• Any "exclusions", such as exempt vehicles.

It would also be helpful to have the signature of at least one of the Selectmen or other municipal officers on the bottom with a telephone number. A Road Commissioner could also sign it, under the authority of the Board or Council, even though he is a municipal official and not an officer.

POSTING DATES

The effective date of posting should precede any significant thawing period. Temperatures vary greatly around the State, but generally the MaineDOT has found that posting roads in early March is relatively typical. Use this statewide freezing/thawing map to help you determine when to post your roads. This prohibits heavy vehicles during those warmer days when the road surface softens, and then refreezes at night. Vehicles should not be allowed on any road which is anything less than solidly frozen.

Per MaineDOT Rule, updated in June 2019, a road is considered "solidly frozen" only when the air temperature is 32 F. or below and no water is showing in the cracks of the road (if paved). Alternatively, if the air temperature is 32 degrees F. or below and there is water showing in the cracks of the highway, the highway will be considered “frozen” if the adjacent gravel driveways, shoulders, or lawns remain frozen. On a gravel road, “solidly frozen” may mean if there is less than 1/4" of "thaw" on the gravel surface.

WHEN TO REMOVE YOUR POSTING

The last day of posting can be variable across the State. There is nothing "magical" about the commonly used date of May 15. The posting should remain in effect until after the frost has come out AND all of the excess water has drained off. Generally, it is best to "build-in" a couple of weeks beyond which conditions are back to "normal". Typically, State roads are posted until mid-April in southern Maine and late April/early May in northern Maine. Therefore, a posted ending date of early May is suggested. Use this statewide freezing/thawing map to help you determine when to post your roads.

ENFORCING THE LAW

By law, "the municipal officers within their respective municipality have the same power as the State Police in the enforcement of all rules of the DOT, the County Commissioners, and the municipal officers that pertain...". In other words, a Selectman or Councilor could stop vehicles, but it is probably best to leave these enforcement activities to law officers who are familiar with such duties. The State or County Police do not have to be called in to nab violators. If delegated, your local constable or police officer has the same power. Violations are considered Class E crimes and a "traffic infraction punishable by a fine of not less than $250". Simply issue a traffic citation.

Commercial Vehicles
The State police web site on Commercial Vehicles Enforcement can be found here.

For permanent posting, better known as "No Thru Trucks", it is necessary to develop local rules which define the meaning and purpose of this sign. Usually, the purpose of these signs is to stop trucks from using this road as a shortcut or an alternate to avoiding traffic lights or built-up areas. It may be worth considering the creation of a "truck route" which is a positive step in providing clear direction to larger vehicles rather than a prohibitive motion that relies on enforcement which may or may not be readily available in a given municipality.

SIGN PLACEMENT   TYPES

Regulatory signs should be posted at each end of each road which the Town wants to restrict heavy vehicles. Where one road passes between two towns, it is highly recommended to work with the adjacent town to either jointly post the entire road or not at all. This eliminates the possibility of a driver suddenly seeing posting signs at the town line and wondering if he should turn around or continue on while in possible violation of a local ordinance. The actual signs must be rectangular black lettering-on-white and be at least 24 by 30 inches.
Depending on the local ordinance wording, the sign could refer to "trucks" or "axles" or a designated weight. If the sign refers to "Trucks", then your ordinance needs to define a "truck". does it mean only tractor trailers, or commercial vehicles over 26,000 lbs, or 2 or 3 axle delivery trucks, or simply a Ford F-150 ? If the sign refers to "axles", that's rather definitive and can be counted easily on any truck. If the sign refers to "GVW" or a specific weight like "7 tons", then it should be referring to the registered gross vehicle weight.
As a comment about using the word "Thru" on a sign, it should be clear that the intent is to regulate heavy trucks that are using this road more as a shortcut from one end to the other rather than using it to access homes or a delivery or pickup point along the road.

MaineDOT Policy on Truck Restrictions on State and State Aid Highways

Acting on the recommendation of Carl A. Croce, Director, Bureau of Planning, and Bruce Ibarguen, Engineer of Traffic, the Commissioner approved the creation of a Department policy on July 13, 2005 that reaffirms State Rule 17-229, Chapter 104, entitled: Travel on State and State Aid Highways. This policy retains the concept that the MaineDOT has sole jurisdiction over restriction of commercial vehicles on state roads, and that municipalities may not prohibit commercial vehicles on state roads whether they are inside "urban compact" areas or not. However, this policy allows time-of-day restrictions of commercial vehicles, in very narrow circumstances, as long as there is substantial agreement between all affected parties, including neighborhoods, trucking firms, municipalities and other stakeholders.

Department Policy

Simply stated, no restrictions can be put on State or State Aid Highways whether these roads are in rural areas or "urban compact" areas, unless specifically restricted by the MaineDOT Commissioner.

This is affirmed in State Rule 17-229- 104:

"It is the goal of the State of Maine, Department of Transportation that Maine's public highways be safe and efficient and contribute to the economic growth of the State and the well-being of its people. MaineDOT will make good faith efforts to have Maine's public highway network meet the social, economic, and environmental needs of the public. In addition, public highways are intended for the overall general use of the traveling public and for business, recreation, and overall access to areas across the State. Therefore, MaineDOT recognizes that there is an affirmative right for all individuals and entities, public and private, domestic or commercial, to travel on all State or State Aid highways in Maine. This right shall exist until the Commissioner of MDOT suspends or otherwise restricts any such traffic on any highway under MaineDOT jurisdiction."

However, there are growing issues relative to through commercial truck traffic on State and State Aid highways passing through residential areas. In certain cases, municipal officials are requesting some type of relief for homeowners who have chosen to live along these busy corridors. Because the requests usually respond to neither a severe safety issue nor the structural condition of a road or bridge, there is an option for municipalities to request time-of-day through truck restrictions on certain State roads from the MaineDOT. The following steps must be taken:

• The municipality must make a written request to the Department. Requests from an individual or groups of individuals will be referred back to the municipality.
• The request must be made following substantial public process and buy-in by all affected parties. Municipalities shall be encouraged to conduct neighborhood/stakeholder meetings before submitting a request.
• The request must not significantly affect traffic in municipalities other than the municipality which made the request.
• There is a reasonable alternate route for all traffic affected by the posting, as documented in part by the buy-in of affected commercial interests.
• The alternate routes do not create severe safety or congestion concerns.
• The municipality has passed a municipal traffic ordinance as described in Title 30A § 3009.

These restrictions may apply to all through commercial traffic over 26,001 pounds. It is understood that heavier local traffic (as opposed to through traffic), such as moving vans or fuel delivery trucks, should be allowed. However, because enforcement issues are largely local, and because the affected homeowners are entirely local, there is no statewide interest arising from this local choice of 26,001 pounds so a municipality may increase it if desired.

Basis for Authority

• 23 § 1 -- State Highway Law -- General Provisions
• 23 § 52 -- State Highway Law -- DOT -- General Powers and Duties
• 23 § 53 -- State Highway Law -- DOT -- Classification of Highways
• 23 § 1351 -- State Highway Law--Protection of Highways --Installation of signals, devices & signs
• 29A § 2395 -- Motor Vehicles -- Ways requiring special protection
• 30A § 3009 -- Municipalities & Counties -- Authority of municipal officers to enact ordinances
• 30A § 3001 -- Municipalities & Counties -- Ordinances -- Ordinance Power
• State of Maine Rule 17-229-104 -- Travel on State and State Aid Highways
  • This Rule is a brief statement affirming the basic right of all highway users to travel on all State and State Aid highways in Maine.