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  1. #1
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    Mar 2009
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    Default Are Hand-Held Stop Signs Legal when Used Off Location

    My question involves a traffic ticket from the state of: CA

    A road construction company on our block uses it's hand-held stop signs to block traffic in order to get their trucks in and out of their parking area. They are not on a construction site. Is this an abuse of the law? Can I use a hand-held stop sign to get my workers to the job more quickly?

  2. #2
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    Aug 2007
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    Default Re: Are Hand-Held Stop Signs Legal when Used Off Location

    Quote Quoting noneya
    View Post
    My question involves a traffic ticket from the state of: CA

    A road construction company on our block uses it's hand-held stop signs to block traffic in order to get their trucks in and out of their parking area. They are not on a construction site. Is this an abuse of the law?

    Obstructing the flow of traffic is generally specifically outlined in law. I have not looked under CA law, but unless it is specifically not permitted, and until challenged and reversed, it stands.

    You will find such vehicles that back out are "slower" in comparison to cars, etc. It may be necessary to prevent a speeder ramming a 2 ton truck head on and killing themselves and the truck driver.

    Can I use a hand-held stop sign to get my workers to the job more quickly?
    Such "implied" interpretation of any law will not be given any weight in court.

  3. #3
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    Default Re: Are Hand-Held Stop Signs Legal when Used Off Location

    I think the pertainent CA law is
    Quote Quoting CVC 21367
    21367. (a) As provided in Section 125 of the Streets and Highways Code and in Section 21100 of this code, respectively, the duly authorized representative of the Department of Transportation or local authorities, with respect to highways under their respective jurisdictions, including, but not limited to, persons contracting to perform construction, maintenance, or repair of a highway, may, with the approval of the department or local authority, as the case may be, and while engaged in the performance of that work, restrict the use of, and regulate the movement of traffic through or around, the affected area whenever the traffic would endanger the safety of workers or the work would interfere with or endanger the movement of traffic through the area. Traffic may be regulated by warning signs, lights, appropriate control devices, or by a person or persons controlling and directing the flow of traffic.

    (b) It is unlawful to disobey the instructions of a person controlling and directing traffic pursuant to subdivision (a).

    (c) It is unlawful to fail to comply with the directions of warning signs, lights, or other control devices provided for the regulation of traffic pursuant to subdivision (a).
    Now the questions become: 1) Does leaving the company's parking lot constitute being "engaged in the performance of that work"? and 2) Does the company have the approval of the department of transportation or other local authority?

    Until you verify that the answer to one of those questions is NO, I'd obey the signs. The answer to your question "Can I use a hand-held stop sign to get my workers to the job more quickly?" is, apparently, YES -- if you have permission from the department or local authority, otherwise NO.

    Barry

  4. #4
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    Default Re: Are Hand-Held Stop Signs Legal when Used Off Location

    Barry, by obstructing traffic, I meant more in line of something like this, not flagger laws in the course of employment.


    (4) Hindering or preventing the movement of persons on a public street, road, highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act that serves no lawful and reasonable purpose of the offender;


    http://codes.ohio.gov/orc/2917.11

    Say CA has such a comparable law, either public peace or traffic, I would think such conduct of stopping traffic to ensure a safe back up of a large vehicle, even if seen by an officer, would not be grounds to cite?

  5. #5
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    Default Re: Are Hand-Held Stop Signs Legal when Used Off Location

    I think you're probably right. If the issue is a potentially "dangerous" situation, such as backing a big rig, that would be one thing. But, just to stop traffic so that your fleet could leave more quickly, that would be something else. I'd be curious about what an officer would do upon witnessing this.

    Barry

  6. #6
    Join Date
    Mar 2009
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    Default Re: Are Hand-Held Stop Signs Legal when Used Off Location

    Gentlemen, Thank you for your replies.

    I have seen officers drive by this action but am not aware if the stop sign was hidden from view. I also cannot think of any reason why an officer would give the time of day unless a complaint was filed. Most people wouldn't see much obstruction from this unless subjected to it as often as we are.

    Traffic in San Francisco is difficult for everyone, but my fleet has to wait twice as long because of the backup created by this action.
    (love thy neighbor?)

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