Setting Speed Limits:
Yesterday, Today and Tomorrow
Presented CTCDC Meeting 02/23/2006
02/23/2006
By
Chad Dornsife, Director
Best
Highway Safety Practices Institute
Forward:
Setting speed limits that meet the safety needs of the
government, advances the publicsÕ general welfare, reduces accidents and ensures
motoristsÕ due process is possiblecan be achieved. .
The answer that will meet the safety needs of the state while
providing due process is already the very foundation of our
nationÕs traffic control laws. . All we
have to do is apply them. . This
paper will outline our governing traffic control lawÕs foundation, Best
Practice, and provide constructive
guidance for the traffic engineers to make us all safer. .
California has the opportunity here in adopting their
MUTCD supplement, combined with their legacy speed trap law, to lead the nation
in setting meaningful guidelines for proper engineering studies to be used to
determine posted limits, a. And
more importantly, reduce accident rates vis-ˆ-vis better guidance to the
practitioners.
The nexus for this paper was a comment
made by a traffic engineer at the July 2005 meeting of the
California Traffic Control Device CommitteCommittee.
He; he
asked for an agenda item for the November meeting to review traffic-engineering
requirements in regards to setting speed limits. .
The source of his consternation: his surveys had been found in violation of
CaliforniaÕs speed trap laws because he had not complied with its mandates.
Having reviewed the facts of this case that was
overturned, notable was his lack of understanding of the governing law, its
foundations and Best Practice. .
Irrespective of the fact he also violated CaliforniaÕs speed trap law, he
didnÕt appear to understand the very object of an engineering study, or how and
why speed limits should be set. .
Even more disconcerting is the fact that this is not an isolated case,
either. . ItÕs
emblematic of the complete break down in Best Practices, here, and around the world. .
Simply stated, current practice meets neither the safety needs of the public
nor due process.
Table
of Contents
Forward
ÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉ Page
1
Primary Engineering Tenets
and Rationales
in regards to Speed Limits ÉÉÉÉÉÉÉÉÉÉÉÉÉÉ.. Page
3
The battle to control the
setting of speed limits
is
literally killing us! ÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉ Page
4
Legal Status of a Speed
Limit Sign ÉÉÉÉÉÉÉÉÉÉÉ. Page
11
Speed Limit Sign Use in
California – Noncompliant ÉÉÉ. Page
15
85th Percentile, Human
Nature, Posted Limits
Relative Risk and How they Relate
Basic
Tenets of Speed Laws: ÉÉÉÉÉÉÉÉÉÉ. Page
18
All
accidents arenÕt preventable,
but
those that are, are predictable: ÉÉÉÉÉÉÉ.. Page
19
Excerpts
from salient examples
between
speed facts and versus myths: ÉÉÉ.ÉÉ.. Page
22
Nationally accepted practices: ÉÉÉÉÉÉÉÉ..É. Page
24
Charts from Federal studies
that dramatically
illustrate the disparity between public policy
and widely held myths about the safety effects
speed, and research findings on best practice
and relative risk. .
ÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉ. Page
28
What is Best Practice in
Setting Speed Limits,
Best Highway Safety Practices Institute
MUTCD
supplement to 2B.13
Speed
Limit Sign ÉÉÉÉÉÉÉÉÉÉÉÉÉ.ÉÉ. Page
38
MUTCD
supplement 1A.13
New
Definitions ÉÉÉÉÉÉÉÉÉÉÉÉÉÉ.ÉÉ Page
40
ADDENDUM
Traffic
Engineering Study Work Sheet/Check List
(link
will be added when posted on web site)
Primary Engineering Tenets
and Rationales in regards to Speed Limits:
The
following excerpt is from a speech given to engineers about their
responsibilities in establishing proper and realistic speed limits. .
It is accredited to Mathew C Sielski, former International Institute of
Transportation Engineers President (ITE), and bestowed the highest honor that
the ITE can give for lifetime achievement to their profession. .
The often-quoted text below can be found in many state DOT handouts and
websites.
One
of the most important responsibilities of traffic engineers is the establishment
of proper and realistic speed limits. .
Our profession has long recognized that most citizens will behave in a
reasonable manner as they go about their daily activities. .
Thus,
traffic laws that are based upon behavior of reasonable motorist are found to
be successful. . Laws
that arbitrarily restrict the majority of motorist encourage wholesale
violations, lack of public support, and usually fail to bring about desirable
changes in driving behavior. . This
is especially true of speed limits. .
Our
profession, since the early 1930Õs, based its speed zoning
techniques on several concepts deeply rooted in our American system of
government and law, namely:
1. .
Driving behavior is an extension of our social attitude, and the majority of
drivers respond in a safe and reasonable manner, as demonstrated by their good
driving records. .
2. .
The careful and competent actions of a reasonable person should be considered
legal. .
3. .
Laws are established for the protection of the public and the regulation of
unreasonable behavior of an individual. .
4. .
Laws cannot be effectively enforced without the consent and voluntary
compliance of the public majority. .
Our
profession also recognizes that an emotionally aroused public will reject these
fundamentals and will rely on more comfortable and widely held misconceptions,
such as:
1. .
Speed limit signs will slow the speed of traffic. .
2. .
Speed limit signs will decrease accidents and increase safety. .
3. .
Raising a posted speed limit will cause an increase in the speed of traffic. .
4. .
Any posted speed limit must be safer than an unposted speed limit, regardless
of the prevailing traffic and roadway conditions. .
Before
and after studies have proven conclusively that these are definitely
misconceptions. .
Unfortunately, in too many instances, influential pressures succeed in the
application of such unrealistic regulations.
The battle to control
the setting of speed limits is literally killing us!
From an engineering
perspective an ÒEngineering StudyÓ is, in effect, a periodic safety audit of
roadway or highway system, and the setting of reasonable speed limits is a
byproduct of that process. Engineering studies have been required on all
roadways open to public travel since 1988. The following sections will clearly
explain the rationales behind setting speed limits and Best Practice. Before that though, we must make it clear regarding
speed limits, this is not an intellectual debate per se, because this truly is
a safety issue. Because the statutory minimum required establishing a speed
limit is an engineering study, a safety review of a roadway system. They are
not being done, and worse NHTSA has undertaken a successful campaign to
eliminate their importance altogether. Public safety has clearly been
sacrificed to special interests, and they are literally killings us by the
thousands to maintain their power and financial base. Strong words. Yes! But
true, and here are some of the facts for background.
Engineering studies create
data. Data can be analyzed for voracity because they require an actual safety
review of a roadway or roadway system. All traffic control decisions are to be
based on this factual finding, applying nationally recognized Best Practices,
and not local or state traditions. Every entity in the country has been
certifying they have been doing engineering studies on every roadway and bike
path open to public travel, since 1988, per federal safety laws. This is being
done in order for the states to receive federal highway funds. That being said,
many states do not do them at all, never have, and even the states that do
them, they do not do them on the majority of their roads. The few studies that
are done rarely are comprehensive, read never. The FHWA has a policy of no standards
oversight or enforcement. Public entities do not like studies because they cost
money, the special interest do not like them because they quantify what the
public consensusÕ safe for conditions speeds, which are usually 10 to 15 mph
over most posted limits.
We have the money to enforce
the laws 24/7 365 days a year - never shown to reduce accidents as practiced.
Conversely, we do not have the money to assure the governing law is complied
with to establish the safety value to be posted. Why? This requires an engineer
or his staff to take a few days every 5 years to look at traffic speeds,
volumes, accident rates, and traffic control to make sure it is meeting the
needs of traffic – the proven way to reduce accidents.
The Science of Traffic
Engineering has been hijacked because its collective body of knowledge was seen
as a direct threat to the special interests of a few. The engineersÕ lost their
oversight authority and responsibility, and more significant because of the net
results has been the publicsÕ general welfare being sacrificed. The USDOT
standards oversight consist of a wink here, a blind eye there, a removal a key
safety standard to stop challenges of unsafe practices or to assure no
standards could be enforced.
Consequently, 18 years after
federal law mandated uniformity of all traffic control in the nation, regardless
of jurisdiction or state lines, to be based on a actual review of the
particular roadway being regulated, conducting true mandated comprehensive
engineering studies are such rare events, they are virtually non-existent. This
lack of leadership and guidance is not by accident either. ItÕs the result of
the USDOTÕs disdain for standards enforcement and complete indifference to the
dire consequences these policies have inflicted on society. A dichotomy of
purpose, between their charter that placed the Department of Transportation in
the Presidents cabinet to oversee highway infrastructure and safety; compared
to their actions to assure their own self interest first, then their special
interest constituents and those that profit from these enterprises - to the
detriment of the Ògeneral public welfareÓ. When aggregated, the USDOT oversight
of our highway safety standards has resulted in a human catastrophe.
Thus, the USDOT is directly
responsible for tens of thousands of deaths as well as unimaginable mayhem and
tragedy for the families of hundreds of thousands, and more. Of the 40,000
deaths a year on our roadways, at least a quarter of them are caused by the
USDOTÕs negligent oversight. The shear numbers of unnecessarily killed and
injured is just staggering. Nevertheless, when you look at each roadway and
current practices, and extrapolate the results to a nation, it becomes an
incontrovertible fact. USDOT policies are killing 10,000 plus men, women, and
children a year!
Under the USDOT stewardship
of our NationÕs standard, despite the indisputable core tenets of the traffic
engineering professionÕs body of knowledge, the setting of speed limits has
digressed into a minimalist exercise to comply with substandard regulations; or
an exercise in reverse engineering to sustain an otherwise unobtainable
outcome; or an act of the omnipresent and growing practice of posting of
arbitrary and capricious invented (unsafe) values.
Again, the shear numbers of
unnecessary deaths and injuries are a national scandal, but this paper is about
California, a state where the law purports to require engineering studies.
Whereas, in fact, current practices have digressed in most cases into nothing more
than a perfunctory shell of reverse engineering to support under posted limits,
that masquerade as engineering studies. Every time an attorney sends us a study
to review, itÕs the same. These purported studies fail to meet the safety needs
of the public and deny due process. Universally, they are contrived to report
lower than actual speeds via selective or inadequate data collection.
The MUTCD begins the
definition of an engineering study as a comprehensive analysis, not a spot
speed survey or a document that lists items required without an in-depth review
or analysis. Most studies are taken from as little as a 10-minute sample of
traffic or in an incredible manner where every key component of the processes
is extremely susceptible to subjectivity or manipulation. This weekÕs example
of a purported study that was sent to us for review was from the City of Los
Angeles. It was recertified in 2004, originally performed in 1997, and the
reported accidents noted were from 1991-1993. Major Arterial, critical speeds
from 50 vehicle samples taken from proscribed impeded flow points; one adjacent
to school close to an intersection, and the other at a roadway choke point
where it goes from 96 feet to 68 feet wide. The form did have a tally of
speeds, but the math used to support the reported 85th percentile speed was
creative math, because the tally sheet didnÕt support the lower number shown.
In this section, the majority of the accidents were occurring at one
intersection, whereas, all the accidents were attributed to speed over the
entire section. What was done to mitigate for the accidents? Nothing! Their end
work product resulted in a speed trap, while the unsafe conditions continue to
kill and injure motorists more than a decade after they were documented to exist!
Current federal law presumes,
and mandates, that an engineer oversee the process and that all roadways be
periodically reviewed, whereas in fact, the overwhelming majority of our
roadways have never had an engineering study. For smaller entities there is no
traffic engineer to consult. Therefore, the state or local political entities
just simply invent the value to post, and/or assign unqualified public works
staff or the local police to determine what the posted limit should be, all are
proscribed practices.
How does the FHWA plan on
solving this wide spread non compliance, non enforcement and anarchy in uniform
application and practices dilemma and known chief cause of accidents that are
otherwise preventable? By removing the mandate and adding additional arbitrary
and capricious categories of speed limit signs and all traffic control devices
based on proscribed local political conjecture in the next MUTCD, again, to the
peril of all.
Make no mistake about it,
poor engineering practices and the lack of safety reviews is the greatest
threat to motorists, not speed, drunk drivers, road rage etc, and these unsafe
conditions couldnÕt exist, except with the full support of the USDOT.
Study: Bad roadways big factor in traffic deaths
http://www.cnn.com/2003/US/06/23/dangerous.roads/index.html
From Kathleen Koch
CNN
Monday, June 23, 2003 Posted: 5:07 AM EDT (0907 GMT)
WASHINGTON (CNN) -- A
new study finds roadways -- not driver error or faulty vehicles – to be a
significant factor in crashes that claimed more than 24,000 lives between 1998
and 2001.
Some believe the ReaderÕs
Digest Magazine and AAAÕs numbers here cannot be supported because of the small
sample size. (http://www.rd.com/content/openContent.do?contentId=17988) What
arenÕt in dispute are the accident reductions that were obtained, and when this
program was later expanded to other locations, the results were the same. More
importantly, what the AAA of Michigan failed to realize, what they were
observing was an omnipresent legacy of unsafe practices, no standards or access
management oversight, or the mandated critical roadway safety audits being
done. Nor did their estimates include whole categories of like unsafe practices
that have become institutionalized.
Here, too, is a quote from a
study that confirmed engineering remedies DO reduce accidents; notable because
it is also missing-in-action in the federal reference knowledgebase as it did
not support their "Stop Red Light Running" automated enforcement agenda.
Automated enforcement demands that a traffic control deficiency be first
quantified, then remain uncorrected. Such unsafe conditions become the
financial viability foundation that the automated systems require to exist.
BIG RESULTS FROM
SIMPLE FIXES
http://www.aaafoundation.org/pdf/NovDec99.pdf
The program has produced
astonishing results: During the first 27 months of the four demonstration
projects in Detroit, crashes decreased by 47 percent, with a 50 percent
reduction in injuries. "The interesting part of the program is that most
of these very large crash reductions have been done with low-cost
projects," Feber says. "You don't have to spend a million
bucks."
If we have hard data
supporting the efficacy of engineering countermeasures, why arenÕt these
successes being heralded? The answer is $afety, not safety.
It is absolutely
inconceivable how the agency charged with championing Best Practices has undertaken the lead in a campaign to eliminate Best
Practice altogether. The new MUTCD
purports to authorize a complete cessation of studies and dissolution of
standards mandates.
Regardless of the dedicated
work of many FHWA engineers, or if you agree with our assertions or not, it is
a moot point because the end effect is the same. Under the current FHWAÕs
stewardship, our prior Best Practice
standards have been decimated. It becomes an extremely deadly combination when
added to the fact that most roadways in the country have never had a study in
the first place. Especially since the overwhelming majority of what few studies
that are done are not engineering studies at all as defined by the MUTCD.
1. Significant numbers
are nothing more than contracted spot speed surveys of as few as 50 vehicles,
over as little as a 10-minute period, and tallied with creative math
2. Reporting all
vehicles speeds, rather than the mandated free flowing speeds
3. They use radar/lidar,
which in and of itself has been documented to result in lower unrepresentative
speeds being reported
4. Extremely subjective
because the surveyor picks and chooses which vehicles to include. In court
testimony it has become crystal clear they are instructed to chose locations
and/or receive some other guidance not to count too many faster moving vehicles
5. Most common violation
is they measure from proscribed locations: chokes points, stop signs and
traffic signals, school zones when kids are out, intersections, curves,
includes slower vehicles entering/exiting the stream, and use other locations
chosen to preclude higher traffic speeds, etc.
6. They contain no
review of hazards or efficacy or condition of existing traffic control devices.
7. No site-specific
review of accidents, by location or cause, or no review whatsoever.
8. Conducted by
laypersons, including police departments who also set the limits.
These are their safety
audits, meant to comply with the law for the next 7-10 years, and this
represents the Best Practice for
our nation? Moreover, the few engineering studies (safety audits) that are
being done apply both poor and/or unauthorized engineering and traffic control
practices. Consequently, the only known remedy to preventable accidents is not
part of our highway safety programs, anywhere.
More incredulous, of those accidents
that are preventable, the overwhelming majority are clearly design problems.
Under the new wording and focus within the USDOT and the NHTSA FARS (Federal
Accident Reporting System) system, all accidents are attributed solely to
driver error; with no mention, whatsoever, of engineering countermeasures or
faults, which are the major cause.
When you state this in plain
English it means that for almost two decades now the FHWAÕs inaction and gross
oversight negligence has been directly responsible for in excess of 10,000
deaths a year and tens of thousand more injuries. Why? A significant portion of
the answer is the politics behind sustaining an estimated 50,000,000 citations
being issued each year to motorists that, according to FHWA itself, are driving
safe for conditions! In the battle between the well being of special interests,
government agencies and their funding vs. the lives of the people, the people
have clearly lost!
The source of this ignorance
is a concerted and very successful effort by the USDOT to intentionally dilute
and undermine Best Practice,
combined with a heretofore refusal to support their staff when they attempt to
garner compliance.
Consequently, contemporary
practitioners no longer have reliable knowledge resources to draw upon, nor
guidance based on fact, or realize that the MUTCD is governing law in regards
to traffic control. Even more incredulous, the FHWA/NHTSA went so far as to
sponsor speed limit workshops around the country to discredit Best Practices. During these day-long events, no subject matter
experts, whatsoever, on setting limits were presenters, nor did anyone mention
that the MUTCD is controlling law at these conferences. No wonder practitioners
and their political overseers wrongly believe their own personal opinion, or
the local government, and/or state statutes are the final authority.
For safety and due process to
be achieved, the following best practices are absolute requirements:
1. That all traffic
control in the Nation has one appearance and expectation on all roads open to
public travel regardless of jurisdiction type or classification
2. That all traffic
control decisions be based only on nationally recognized fully vetted Best
Practice
3. That this process is
to be supervised by licensed professionals applying points 1 and 2 without
exception
4. If the licensed
practitioner has an idea for improving existing practice, there is procedure
prescribed in the MUTCD to request permission from the FHWA HOTO to experiment
and document the results
5. That periodic
comprehensive reviews of all roadways shall be done to ascertain traffic
volumes, speeds, accidents, roadway characteristics and the efficacy and
condition of existing traffic controls; this shall be documented
6. This safety audit
shall contain action items noting those areas or conditions that may need
remedies to further improve flow, sight distances, volumes, guidance or hazard
mitigation
Note: To further promote
safety, Congress adopted 23 USC 409 so that this information could not be used
in a tort action either; therefore, there is no credible impediment to
documenting forthcoming suggestions or remedy solutions.
These are the very foundation
to safer roads and reducing preventable accidents. With ÒThe Highway Safety Act of 1966Ó Congress put
into motion a highway safety plan that required all traffic control devices on
public roadways in the nation be based on sound engineering principles and
practices. Congress also required
this safety plan to have a common Òbasis in factÓ determination, appearance and
application, regardless of state lines or classification of jurisdiction.
In this Act, Congress
entrusted this solely to licensed traffic engineering professionals and their
institutions. The prescribed process requires all changes in the law be an
improvement in practice. It requires studies to test each thesis, peer review
and verification before a standard, practice or procedure can be incorporated
into Title 23 et al. It also requires that ALL traffic control device use be
contingent upon full compliance with the Code of Federal Regulations and its
National MUTCD, without exception! It is a single, universally applied
engineering standard, with federal statutory requirements in appearance,
application, procedure and practice.
These tenets of the
engineering profession have been perverted to facilitate special interest or to
deflect oversight responsibilities away from the FHWA. Over the last decade,
the overseers of our nationÕs safety policies have systematically removed the
very foundations of prior Best Practice. This purging of any and all roadway engineering countermeasures and
safety mitigation based programs was included in the 1998 rewrite of the
ÒHighway Safety Act of 1966Ó, where the USDOT shifted the onus of highway
accidents to the driver and away from poor engineering practices.
This attack on Best
Practice by the USDOT has also
uncovered some interesting facts. A recent USDOT sponsored/preordained study
designed to undermine Best Practice
and support for speed cameras, the Arizona DOT surveyed 50 states on their
current speed limit setting practices. (RE: Final Report 551: Actual Speeds
on the Roads Compared to the Posted Limits October 2004) Of the 48 that replied, no two had the same practice.
Not one had complied with either Best Practice or the law. NONE!
The irony here is that this
USDOT study quantified their own gross negligence and oversight failure. In
1988, the uniformity mandate expanded from look and shape of all traffic
control devices to include application and expectation based solely on Best
Practice for all traffic control on
roadways and bicycle paths in the nation, regardless of state lines or
jurisdiction. In this survey, the USDOT sponsored study couldnÕt even find two
states that used the same procedures, let alone comply with the law. Even more
incredulous, in another study 40 years after their mandate to bring the look
and shape of all devices under one standard, noncompliant devices and errant
practices are the norm. So much so, that a recent FHWA synopsis on device
applications filled over a hundred pages with samples of noncompliant device
use.
What you read here is largely
applicable to California. After reviewing hundreds of studies, all have had
serious problems regardless of entity type, including Caltrans, and virtually
all could be and/or were successfully challenged in court. Moreover, none met
the safety needs of the public. Worse, even the conscientious engineering
practitioners who attempted to do the right thing, do not comply. For example,
Oakland just spent over 250 thousand dollars bringing their surveys current.
However, upon review, all can still be successfully challenged in court. ItÕs
the same in every jurisdiction weÕve examined across the country.
Here is an insightful comment
from a discussion of design, operating and posted limits. It sums up current
practice.
2003 NCHRP Report 504
reports a new factor.
É "To an open-ended
question," respondent engineers placed "politics" way above the
engineering factors as the number one reason for "deviation" from the
85 percentile operating speed.
With this political
reality of "politics" controlling sound engineering traffic
engineering studies, compliance with the MUTCD becomes impossible.Ó
Just because the USDOT
refuses to enforce its own standards and provides no real oversight, this
doesnÕt prevent motorists from challenging illegally adopted traffic laws. A
facsimile of an official traffic control device is unenforceable as a matter of
law, absent the minimum statutory requirements to determine the safety value
posted, or if it is based on an arbitrary and capricious value. In accidents where someone dies, it has become popular
practice to charge motorists involved with either manslaughter or homicide. If
this is the case, what should we do with public officials and/or employees that
exceed their power and/or through expedience fail to perform their duties? If
itÕs indisputable that properly done and applied safety audits (engineering
studies) can substantially reduce accidents and we do not act when itÕs our
professional duty and mandate to do so, arenÕt the resulting deaths and serious
injuries negligent manslaughter, or homicide?
Can California turn back the
clock and rescind its engineering requirements as was advocated at the CTCDC
meeting? In a word, no, because the core components of CaliforniaÕs speed trap
law and the old Caltrans Traffic ManualÕs guidance have been included in the
minimum federal safety requirements (Best Practice) - MUTCD.
If you want safer roadways
and to ensure due process for the motorists, then conduct comprehensive
engineering studies, because it is the only way you will ever be able to
realize the long coveted safer roads and sustainable fair laws, as well!
There is hope! There are some
engineers who will not be deterred by the gauntlet of pressure to deviate from
their professional responsibilities. In doing so, these unheralded heroes make
us all safer. Our honoreeÕs (below) work habits and processes have made a
significant difference. These practices need to be studied and shared as a
foundation for all to benefit from. Celebrating the contribution of these
dedicated individuals cannot be overstated.
Special Note of Honor: Jerry
Gabriel P.E., Caltrans District 9 Operations Engineer. His dedication to his
professional duties as an engineer comes first. Consequently, he has saved many
lives and hundreds of injuries. Regardless of the posted limits, local
political pressure, or if the rules require a study, Gabriel has made sure that
all traffic control in his district meets the needs of traffic by reviewing all
roadways as to prevailing speeds, sight distances, hazard mitigation and
accident causes by location. He then applies prescribed remedies, tracks the
results, and makes necessary adjustments as required. At every location where
the indicated traffic control remedies have been applied, accident reductions
have been dramatic! Gabriel is a model of what every engineer should aspire to
be. Thank You, Jerry, for a job well done!
Legal Status of a Speed Limit Sign:
The Manual On Uniform Traffic
Control Devices (MUTCD), published by the Federal Highway Administration
(FHWA), is the national standard for traffic control devices, signs, signals,
markings, and other devices used to regulate, warn, or guide traffic. .
To implement the 1966 Highway Safety Act and laws related to federal aid
highways, the Federal Highway Administration adopted regulations requiring that
all traffic control devices on all streets open to the public conform to national
standards prescribed in the MUTCD.
Whereas as a matter of law, a
ÒSpeed Limit SignÓ is a federal device (federal designation R2-1) whose use by
California and all political subdivisions therein is conditional upon
compliance with governing law, and the minimum statutory requirements of Title
23, United States Code, Section 109(d) and Title 23, Code of Federal
Regulations (CFR), Part 655.601 through 655.603, and its National Manual on
Uniform Traffic Control Devices (MUTCD)[1], Speed Limit Sign; Section 2B.13[2]. .
Moreover 2B.13 contains a
SHALL precondition Ôafter an engineering studyÕ and it SHALL be done under the
supervision of an engineer applying nationally recognized practices and
standards that the engineer could cite as opposed to local or state legacy
practices, and it SHALL be documented. .
An unambiguous mandate that the safety value posted on a speed limit sign have
a uniformly determined factual foundation based on vetted Best Practice.
Section 1A.13 in this
Manual
ÒStandard:
Unless otherwise defined
herein, or in the other Parts of this Manual, definitions contained in the most
recent edition of the "Uniform Vehicle Code," "AASHTO
Transportation Glossary (Highway Definitions)," and other documents
specified in Section 1A.11 are also incorporated and adopted by reference.
The following words
and phrases, when used in this Manual, shall have the following meanings:Ó
ÒÉ 24. Engineering
Study - the comprehensive
analysis and evaluation of available pertinent information, and the application
of appropriate principles, Standards, Guidance, and practices as contained in
this Manual and other sources, for the purpose of deciding upon the
applicability, design, operation, or installation of a traffic control device.
An engineering study shall be performed by an engineer, or by an individual
working under the supervision of an engineer, through the application of
procedures and criteria established by the engineer. An engineering study shall
be documented."
Under Title 23, since 1988,
the safety value of the number posted on all posted speed limits required a
supporting engineering study except those posted per CongressÕ National Maximum
Speed Limit. . In
1995, when Congress repealed the exceptions, all speed limit posting
requirements returned to this 1988 extant law (Title 23), no exceptions. .
Sidebar: Notwithstanding,
the USDOT (FHWA) instituted changes in the MUTCD to stop all challenges of noncompliant
traffic control device use by removing all standard safeguards. .
Including to never require an engineering study (safety audit) of a roadway as
the foundation of traffic control decision, or for that matter, engineering
judgment, ever, without review. .
In recent examples, they removed prior Best Practice standards for stop sign warrants, and signal timing
efficacy standards that required them to meet the safety needs of traffic.
Engineering studies and periodic safety audits of roadways were also removed as
well as the newest initiative to end Best Practice, the elimination of engineering studies or judgment
foundations for the installation of traffic controls devices.