Results 1 to 7 of 7

Hybrid View

  1. #1
    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.

  2. #2
    Join Date
    Jul 2009
    Posts
    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]

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    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.

  4. #4
    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

  5. #5
    Join Date
    Jul 2009
    Posts
    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 CLOSED—LOCAL 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.

  6. #6
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    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.

    1. Sponsored Links
       

Similar Threads

  1. Lights, Signs and Traffic Controls: Failure to Obey School Zone Sign, Red Curb, and Bus Loading/Unloading Sign
    By dynodebbie in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 08-06-2011, 02:17 AM
  2. Lights, Signs and Traffic Controls: Failure to Obey "Do Not Enter" Sign
    By Snorfle in forum Moving Violations, Parking and Traffic Tickets
    Replies: 14
    Last Post: 09-27-2010, 07:06 PM
  3. Speeding Tickets: Pennsylvania "Failure to Obey" in Lieu of "Max Speed"
    By lasaduo in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 02-28-2010, 01:50 PM
  4. Speeding Tickets: Confusing "Failure to Obey" Ticket
    By lasumesa in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 02-21-2010, 06:14 PM
  5. Lights, Signs and Traffic Controls: Failure To Follow "Must Exit" Sign
    By Andyb in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 05-19-2008, 08:56 AM
 
 
Sponsored Links

Legal Help, Information and Resources