My question involves a traffic ticket from the state of: North Dakota, City of Dickinson.
This changeable message sign was installed to alleviate traffic congestion caused by people turning left during periods of higher traffic. It turns on/off at specific times of the day. I hate when people block traffic trying to turn left at this intersection. However, if no one is around, I'll make the left turn. Well, at 7:40am on a Sunday with no traffic, I made the turn and there he was, parked a couple blocks down at the carwash waiting to pick off some idiot like me.
I've never seen a sign like this and have always questioned its validity and enforceability. It doesn't look like an official sign; it looks like a Lite Brite, with little red dots forming the words NO LEFT TURN. As far as I can tell from the resources below, not only is it not enforceable, the sign is illegal.
My court date is February 23, 2012. I was instructed to visit with the City Prosecutor ASAP. It didn't seem like a good idea to me, because they would be able to better prepare the case against me.
After receiving the name of the prosecutor, court date and paperwork, I walked across the hall to the main office of the City Hall. I asked what the procedure was for an open records request and they looked at me like I was from Mars. They had no clue what I was talking about. There was running around, trying to find someone to help and I was given the name and number of the person to contact. Guess what? It's the City Prosecutor. Is that weird?
Any advice on how to proceed (besides simply paying it, because that's no fun) would be great.
MUTCD Page 325, Section 2L.01, Description of Changeable Message Signs, number 05:
Blank-out signs that display only single-phase, predetermined electronic-display legends that are limited by their composition and arrangement of pixels or other illuminated forms in a fixed arrangement (such as a blank-out sign indicating a part-time turn prohibition, a blank-out or changeable lane-use sign, or a changeable OPEN/CLOSED sign for a weigh station) should comply with the provisions of the applicable Section for the specific type of sign, provided that the letter forms, symbols, and other legend elements are duplicates of the static messages as detailed in the “Standard Highway Signs and Markings” book (see Section 1A.11). Because such a
sign is effectively an illuminated version of a static sign, the size of its legend elements, the overall size of the sign, and placement of the sign should comply with the applicable provisions for the static version of the sign.
Our sign does not appear in the book or in our state's supplemental signs. Local ordinance specifies that signs must conform with the ND manual. It should be a symbol.
Page 327, 2L.04 Design Characteristics of Changeable Message Signs, number 15:
If a black background is used, the color used for the legend on a changeable message sign should match the background color that would be used on a standard sign for that type of legend, such as white for regulatory, yellow for warning, orange for temporary traffic control, red for stop or yield, fluorescent pink for incident management, and fluorescent yellow-green for bicycle, pedestrian, and school warning.
Our sign is red lettering; should be white.
North Dakota Century Code, Chapter 39-13 Traffic Signs (http://www.legis.nd.gov/cencode/t39c13.pdf)
Page 1:
39-13-06. Authority to adopt manual on uniform traffic-control devices.
The director shall adopt a manual and specifications for a uniform system of traffic-control devices, consistent with the provisions of law, for use upon all highways and streets in this state. Such uniform system must correlate with and so far as possible conform to the system set forth in the most recent edition of the manual promulgated as a national standard by the federal highway administrator.
39-13-07. Uniform traffic-control devices on all streets and highways.
No traffic-control devices, including markings, signs, and signals, may be used on any street or highway which do not conform to the standards of design and location as prescribed in the manual and specifications for a uniform system of traffic-control devices. The director and local authorities, on streets and highways under their respective jurisdiction, shall place such devices as are deemed necessary to regulate, warn, and guide traffic.
39-13-08. No traffic-control device to be manufactured or sold which does not conform.
No person, firm, corporation, or limited liability company may sell or offer for sale to street and highway authorities, and no such authorities may purchase or manufacture any traffic-control device which does not conform to the manual unless specifically approved by the director.
North Dakota Supplemental Manual for Standard Highway Signs (http://1.usa.gov/ztiUgc)
Page 6, Chapter 23 Dickinson Municipal Code (http://bit.ly/zHthv5)
Official Traffic-Control Devices. All signs, signals, markings and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.
It is inconsistent with this chapter, therefore is not an official traffic control device.
Page 16:
The city engineer or any person authorized by the governing body shall place and maintain traffic-control signs, signals, traffic preemption devices and devices when and as
required under the traffic ordinances of the city to make effective the provisions of such ordinances, and may place and maintain such additional traffic-control devices as he may deem necessary to regulate traffic under the traffic ordinances of the city or under state law, or to guide or warn traffic. (Ord. No. 866, § 1.)
Sign does not meet city ordinances or state law, which follows MUTCD.
Page 16:
Section 23.16.020 Specifications
All traffic-control signs, signals and devices shall conform to the specifications approved by the state highway commissioner pursuant to North Dakota Century Code, section 39-13-06. All signs and signals required hereunder for a particular purpose shall, so far as practicable, be uniform as to type and location throughout the city. All traffic-control devices so erected and not inconsistent with the provisions of state law or this article shall be official traffic-control devices.
(Ord. No. 866, § 1.)
Page 18:
The driver of any vehicle shall obey the instruction of any official traffic-control device applicable thereto placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.
It's not an official device.



