24VAC30-561 Adoption of the Federal Manual on Uniform Traffic Control Devices

REGULATIONS

Vol. 28 Iss. 11 - January 30, 2012

TITLE 24. TRANSPORTATION AND MOTOR VEHICLES

COMMONWEALTH TRANSPORTATION BOARD

Chapter 561

Final Regulation

REGISTRAR'S NOTICE: The Commonwealth Transportation Board is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4002 B 3 of the Code of Virginia, which exempts regulations relating to the location, design, specifications or construction of public buildings or other facilities and § 2.2-4002 B 11 of the Code of Virginia, which exempts regulations relating to traffic signs, markers, or control devices.

Titles of Regulations: 24VAC30-310. Virginia Supplement to the Manual on Uniform Traffic Control Devices (repealing 24VAC30-310-10).

24VAC30-315. Standards for Use of Traffic Control Devices to Classify, Designate, Regulate, and Mark State Highways (adding 24VAC30-315-10).

24VAC30-520. Classifying and Marking State Highways (repealing 24VAC30-520-10, 24VAC30-520-20).

24VAC30-561. Adoption of the Federal Manual on Uniform Traffic Control Devices (repealing 24VAC30-561-10, 24VAC30-561-20).

Statutory Authority: §§ 33.1-12 and 46.2-830 of the Code of Virginia; 23 CFR 655.603.

Effective Date: January 10, 2012.

Agency Contact: Vanloan Q. Nguyen, P.E., Assistant Division Administrator, Traffic Engineering Division, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-2918, FAX [phone], or email [e-mail].

Summary:

This action combines 24VAC30-310 (Virginia Supplement to the Manual on Uniform Traffic Control Devices), 24VAC30-520 (Classifying and Marking State Highways), and 24VAC30-561 (Adoption of the Federal Manual on Uniform Traffic Control Devices) into a single regulation. The new regulation, 24VAC30-315 (Standards for Use of Traffic Control Devices to Classify, Designate, Regulate, and Mark State Highways), adopts the revised edition of the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD), which was published on December 16, 2009, and the department's 2011 revisions to the Virginia Supplement to the 2009 MUTCD.

The new regulation retains essential parts of the existing regulations, such as (i) the incorporation by reference of the MUTCD; (ii) the incorporation of the Virginia Supplement and the Virginia Work Area Protection Manual (WAPM) and their relationship to the MUTCD; and (iii) the role of the Commissioner of Highways in making revisions to the Virginia Supplement and the WAPM, as well as traffic sign and signal installation and control.

CHAPTER 315
STANDARDS FOR USE OF TRAFFIC CONTROL DEVICES TO CLASSIFY, DESIGNATE, REGULATE, AND MARK STATE HIGHWAYS

24VAC30-315-10. General provisions.

A. The Manual on Uniform Traffic Control Devices for Streets and Highways, 2009 Edition (2009 MUTCD), is incorporated by reference in the Code of Federal Regulations (23 CFR Part 655 Subpart F), and is accessible from http://mutcd.fhwa.dot.gov/. 23 CFR 655.603 adopts the MUTCD as the national standard for any street, highway, or bicycle trail open to public travel in accordance with the United States Code (23 USC §§ 109 (d) and 402 (a)).

B. The 2009 MUTCD dated December 2009 shall be the standard for all highways under the jurisdiction of the Virginia Department of Transportation, with the following exceptions: (i) the Virginia Supplement to the 2009 MUTCD (2011 Edition) contains standards and guidance that exceed minimum federal requirements concerning traffic control devices and presents additional pertinent traffic control parameters not addressed by the 2009 MUTCD and (ii) the Virginia Department of Transportation uses the Virginia Work Area Protection Manual (WAPM) (2011 Edition), which is a part of the Virginia Supplement to the 2009 MUTCD (2011 Edition), instead of the 2009 MUTCD Part 6, Temporary Traffic Control. All signs, signals, pavement markings, and other traffic control devices under the jurisdiction of the Virginia Department of Transportation shall conform accordingly.

C. Where (i) state standards exceed the minimum federal requirements; (ii) the 2009 MUTCD does not cover some design, installation, and operation details; or (iii) additional guidance on traffic control devices is needed, the Commissioner of Highways or a designee is authorized to establish and distribute appropriate documentation including, but not limited to, standards, specifications, and instructional memoranda. The Virginia Supplement to the 2009 MUTCD (2011 Edition) and the WAPM (2011 Edition) shall be applicable for all highways under the jurisdiction of the Virginia Department of Transportation. If there is a conflict between the 2009 MUTCD and the Virginia Supplement to the 2009 MUTCD (2011 Edition), the Virginia Supplement shall govern.

D. The Commissioner of Highways or a designee is authorized to make revisions to the Virginia Supplement to the MUTCD (2011 Edition) or the WAPM (2011 Edition), or both, to reflect changes to the Code of Virginia or to the 2009 MUTCD as incorporated into the Code of Federal Regulations and to be consistent with the Code of Virginia where discretion is allowed.

E. In addition to the authority referenced in subsection C of this section, the Commissioner of Highways is authorized to act for and on behalf of the Commonwealth Transportation Board in matters relating to classifying, designating, regulating, and marking state highways and the installation of signals, signs, and markings to regulate, control, and manage traffic movement.

DOCUMENTS INCORPORATED BY REFERENCE (24VAC30-315)

Manual on Uniform Traffic Control Devices for Streets and Highways, 2009 edition, December 2009, U.S. Department of Transportation, Federal Highway Administration, 1200 New Jersey Avenue, S.E., Washington, DC 20590, telephone [phone]. The text is also available from the Federal Highway Administration's website at http://mutcd.fhwa.dot.gov and by individual parts and chapters below:

Cover, Table of Contents, and Introduction

Part 1 - General

Part 2 - Signs

Chapter 2A - General

Chapter 2B - Regulatory Signs, Barricades, and Gates

Chapter 2C - Warning Signs and Object Markers

Chapter 2D - Guide Signs - Conventional Roads

Chapter 2E - Guide Signs - Freeways and Expressways

Chapter 2F - Toll Road Signs

Chapters 2G-2H - Preferential and Managed Lane Signs and General Information Signs

Chapters 2I-2N - General Service Signs, Specific Service Signs, Tourist-Oriented Directional Signs, Changeable Message Signs, Recreational and Cultural Interest Area Signs, and Emergency Management Signing

Part 3 - Markings

Part 4 - Highway Traffic Signals

Part 5 - Traffic Control Devices for Low-Volume Roads

Part 7 - Traffic Controls for School Areas

Part 8 - Traffic Control for Railroad and Light Rail Transit Grade Crossings

Part 9 - Traffic Control for Bicycle Facilities

Appendices A1 and A2 - Congressional Legislation and Metric Conversions

Virginia Supplement to the 2009 MUTCD, 2011 Edition, Virginia Department of Transportation, 1401 E. Broad Street, Richmond, Virginia 23219:

Cover and Introduction

1. General

2. Signs

3. Markings

4. Signals

7. Schools

8. Railroads

9. Bicycles

Appendix A

Virginia Work Area Protection Manual (WAPM), 2011 Edition, Virginia Department of Transportation, 1401 E. Broad Street, Richmond, Virginia 23219 (http://www.virginiadot.org/business/trafficeng-WZS.asp).

Virginia Standard Highway Signs, 2011 Edition, Virginia Department of Transportation, 1401 E. Broad Street, Richmond, Virginia 23219 (http://www.virginiadot.org/
business/virginia_mutcd_supplement.asp).

VA.R. Doc. No. R12-3009; Filed January 10, 2012, 3:57 p.m.