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  1. #1
    Join Date
    Jul 2009
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    4

    Default "Failure to Obey Sign at Construction Work Zone"

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

    So I got this delightful ticket this Sunday morning.

    "Failure to Obey Sign at Construction Work Zone"
    Ordin No. 7.01
    Adopting State Statue No. 346.04 (1) (2)

    Yesterday I went to dinner with some friends and proceeded to go down to school to meet up with some other friends for the night. One of the major road links between my school and home is closed for construction but because of the dinner, I did not go through this particular road in question as I was coming in from a different direction. The thing is, I have to take this road when I go between school and home and it is a major link between two towns. Over summer they tore down the road and repaved (some sections are gravel), making the road closed with the "Road Closed to Thru Traffic" signs. Where I entered the road near school as I do every time I am leaving school, there were no detour signs, just the Road Closed signs. Honestly not knowing of any other road link to take to get back home, I proceeded down the road not thinking much of it as it was a Sunday morning. I get a quarter mile to the end of the road and what do you know, a cop pulls out and pulls me over. The officer was pretty rude and said I did not follow the detour signs. I told him there were no detour signs where I entered the road and I honestly did not know of any other way of getting back home. He went on a tangent of naming off all the roads I should have taken, of which I did not know where the hell these were (it is in the country and I am not from around this area) and he said that I had to get there somehow (he didn't understand that I didn't take this road the previous day). He said I should have checked online as they have directions posted online and I told him I don't check construction conditions and detours when I am going from my home to this [rinky dink] town/school.

    I went back and took pictures were I entered the road, where the "Road Closed to Thru Traffic" signs are clear but there is NO detour sign. If it was marked where I was suppose to go, I gladly would have taken the detour. (I ended up getting back there because the section from the city I was pulled over in to where my school is has a marked detour, but there was no marked detour from my school to the city I was pulled over in portion (the other way), the way I was entering the road).

    My argument is that there is no detour marked from my school to the city portion, so I did not know of any other way of getting through to this city. I realize the "Failure to obey sign" part will probably still hold up because I did use the road for thru traffic, but the officer persisted on the fact that I did not follow the detour, but the detour WAS NOT marked in the direction I was going so I did not know where else to go.

    I am planning on taking this to court to at least get the 3 points reduced, but I still feel this $118.60 fine is completely uncalled for and will be contesting this also.

    Do I have a fighting chance or am I just ignorant? Thoughts?

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: "Failure to Obey Sign at Construction Work Zone"

    You were cited for "failing to obey a traffic sign" that stated "Road Closed to Thru Traffic".

    It didn't say "Road Closed to Thru Traffic Unless There Are No Detour Signs". So while it would be nice if they had posted some detour signs to show you which way to go, I don't think you can reasonably argue that you were not in violation due to the fact that they did not post any detour signs.

    You can check the Federal Manual for Uniform Traffic Control Devices HERE and then check the Wisconsin Supplement to that manual HERE but I highly doubt that you'll find anything there that supports you claim that you can disobay that sign if detour signs were not posted.

  3. #3
    Join Date
    Jul 2009
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    4

    Default Re: "Failure to Obey Sign at Construction Work Zone"

    Thank you for the reply.

    It is pretty clear the road closure was not text book marked -- http://mutcd.fhwa.dot.gov/HTM/2003r1...0_longdesc.htm

    This is also a tidbit I found:
    "Section 6F.09 Local Traffic Only Signs (R11-3a, R11-4)
    Guidance:
    The Local Traffic Only signs (see Figure 6F-3, Sheet 2 of 2) should be used where road user flow detours to avoid a closure some distance beyond the sign, but where local road users can use the roadway to the point of closure. These signs should be accompanied by appropriate warning and detour signing."

    As a result of the closure not being completely and correctly marked, I was not provided with the required information necessary to avoid the road closure.

    "Section 6C.09 Detours and Diversions
    Support:
    A detour is a temporary rerouting of road users onto an existing highway in order to avoid a TTC zone.
    Guidance:
    Detours should be clearly signed over their entire length so that road users can easily use existing highways to return to the original highway."

    [I'm more so taking notes here to gather materials]

  4. #4
    Join Date
    Mar 2009
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    LA LA Land
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    Default Re: "Failure to Obey Sign at Construction Work Zone"

    Well, the page you linked is the GUIDANCE. It is not the regulatory standard. Moreover, in the page that you linked, the only "regulatory" sign that is posted is the "ROAD CLOSED TO THRU TRAFFIC" which specifically outlines what the regulation is. The orange signs are guidance signs, meaning if a detour sign had an arrow that pointed to the right, you still have to option to turn left if you so choose.

    You should be looking at this page as well Section 2B.48 ROAD CLOSED Sign (R11-2) and LOCAL TRAFFIC ONLY Signs (R11-3 Series, R11-4)

    You can try arguing that you were not in violation but I honestly don't see how anyone could misinterpret that sign.

  5. #5
    Join Date
    Jul 2009
    Posts
    4

    Default Re: "Failure to Obey Sign at Construction Work Zone"

    Sect. 6F.48 to 6F.50
    Standard: Each detour shall be adequately marked with standard temporary route markers and destination signs.

    Option:
    The Detour Arrow (M4-10) sign may be used where a detour route has been established. The DETOUR (M4-8) marker may be mounted at the top of a route marker assembly to mark a temporary route that detours from a highway, bypasses a section closed by a temporary traffic control zone, and rejoins the highway beyond the temporary traffic control zone.

    Guidance:
    The Detour Arrow (M4-10) sign should normally be mounted just below the ROAD CLOSED (R11-2, R11-3a, or R11-4) sign. The Detour Arrow sign should include a horizontal arrow pointed to the right or left as required.

    The DETOUR (M4-9) sign should be used for unnumbered highways, for emergency situations, for periods of short durations, or where, over relatively short distances, road users are guided along the detour and back to the desired highway without route markers. A Street Name sign should be placed above, or the street name should be incorporated into, a DETOUR (M4-9) sign to indicate the name of the street being detoured.

    Option:
    The END DETOUR (M4-8a or M4-8b) sign may be used to indicate that the detour has ended.

    Guidance:
    When the END DETOUR sign is used on a numbered highway, the sign should be mounted above a marker after the end of the detour.


    http://mutcd.fhwa.dot.gov/pdfs/mille...4.01/6fndi.pdf

  6. #6
    Join Date
    Jul 2009
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    4

    Default Re: "Failure to Obey Sign at Construction Work Zone"

    Section 2B.48 ROAD CLOSED Sign (R11-2) and LOCAL TRAFFIC ONLY Signs (R11-3 Series, R11-4)

    Guidance:The ROAD CLOSED (R11-2) sign should be installed where roads have been closed to all traffic (except authorized vehicles).
    ROAD CLOSEDóLOCAL TRAFFIC ONLY (R11-3) or ROAD CLOSED TO THRU TRAFFIC (R11-4) signs should be used where through traffic is not permitted, or for a closure some distance beyond the sign, but where the highway is open for local traffic up to the point of closure.

    Standard:The Road Closed (R11-2, R11-3 series, and R11-4) signs (see Figure 2B-20) shall be designed as horizontal rectangles. These signs shall be preceded by the applicable Advance Road Closed warning sign with the secondary legend AHEAD and, if applicable, an Advance Detour warning sign (see Section 6F.18).


    I won't be arguing the misinterpretation of the sign, as I agree with you, but that the required information to follow a suitable route was not provided (as the officer repeatedly claimed were posted and insisted my negligence to).

    Might be worth a try. Just a soon to be accountant here.

  7. #7
    Join Date
    Mar 2009
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    LA LA Land
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    9,170

    Default Re: "Failure to Obey Sign at Construction Work Zone"

    Quote Quoting ALarsh
    View Post
    but that the required information to follow a suitable route was not provided (as the officer repeatedly claimed were posted and insisted my negligence to).

    Might be worth a try. Just a soon to be accountant here.
    Certainly is worth a try however, and unless you can find anything listed under "Standard" (instead of under "Guidance") that states that the "ROAD CLOSED..." sign is invalid unless it is acoompanied by detour signs, then you'll be hard pressed to prove that you were not in violation. Also, the fact that Detour signs are Orange, means that they are informational signs and those, are not part of the "required" regulation.

    You are within your rights to make as best an argument as you may deem appropriate though. Good luck, and let us know how it works out.

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