Frequently Asked Questions
- Part 1 General
The following list of questions relates to the MUTCD Part 1 General:
- Does the MUTCD contain information about particular
brands or manufacturers of equipment?
- My agency is interested in using a new device that
a manufacturer has developed, but it's not covered in the MUTCD. Can
we use it?
- The process for experimentation seems somewhat long
and potentially burdensome. What is the advantage to a State or local
jurisdiction for getting FHWA approval and conducting an approved
experimentation?
- What is the definition of a "successful"
experiment?
- Is there a process for experimental devices approved
in one State to be used in another State?
- When FHWA issues an Interim Approval, does that mean
that all jurisdictions can start using the new type of device or design?
- There are some "gray areas" where the MUTCD
text or figures aren't clear in what exactly is required, allowed,
or prohibited. Is there a way to get official clarification of meaning
or intent for things like this?
- What is the process for changing or updating the MUTCD?
Part 1 General: Frequently Asked Questions
- Q: Does the MUTCD contain information about
particular brands or manufacturers of equipment?
A: The MUTCD contains provisions governing the design
and use of types of devices, not individual products. The MUTCD does
not include any copyrighted or patented devices. All types of devices
shown or described in the MUTCD or included in an FHWA experimentation
are in the public domain. They are available for reproduction without
prior approval. The only exception is the Interstate route sign design,
which is copyrighted by AASHTO and reproduction of which must be approved
by AASHTO.
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- Q: My agency is interested in
using a new device that a manufacturer has developed, but it’s
not covered in the MUTCD. Can we use it?
A: Before a new product is used on a street or highway
open to the public, the agency having jurisdiction over the roadway
must ensure the device conforms to the provisions of the MUTCD. New
designs, devices, or applications not covered in or not in compliance
with the MUTCD can only be used on roads open to the public if FHWA
experimentation approval is received. Inventors or manufacturers of
new devices should work with State or local highway agencies that
are interested in using the device to address known problems that
they feel existing devices are insufficiently effective in solving.
Experimentation approval must be requested from FHWA by the public
highway agency having jurisdiction over the road on which the experimental
device is proposed to be installed. See Section 1A.10 and the Experimentations page on this web site for details
on what information must be included in the experimentation request.
One of the most important items is a well thought out and scientifically
credible plan for evaluating the effects of the experimental device.
The question should be asked, "How can we judge if this device
is superior to existing devices, in terms of improving safety or efficiency
of traffic operations?" Measures of effectiveness need to be
determined and data needs to be collected to evaluate the device in
terms of those measures. The FHWA Office of Transportation Operations
reviews the request and, if it is satisfactory, will send an approval
letter to the requesting agency.
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- Q: The process for experimentation
seems somewhat long and potentially burdensome. What is the advantage
to a State or local jurisdiction for getting FHWA approval and conducting
an approved experimentation?
A: Jurisdictions that install new non-MUTCD compliant
devices without FHWA experimentation approval expose themselves to
considerable potential legal liability for deaths, injuries, or property
damage, particularly if a crash occurs that a plaintiff claims was
caused by being confused by an unfamiliar device or application. There
is never a total shield from potential liability, but FHWA experimentation
approval should significantly reduce it. Also, agencies that install
non-compliant new devices without experimentation approval typically
do not collect any data or information to support or refute the effectiveness
of such devices in improving safety or mobility. Successful experiments
often lead to changes in the MUTCD, benefiting all road users in all
States.
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- Q: What is the definition of
a "successful" experiment?
A: Generally, an experiment is considered successful
when the completed evaluation shows that the new device or application
is well understood by road users, does what it is intended to do,
does not cause adverse conditions, and enhances safety and/or other
measures of effectiveness as compared to existing standard devices.
However, there are many degrees of success, not all of which automatically
indicate an experimental device should be considered for the MUTCD.
For example, successful use at one or a few locations in one jurisdiction
usually is not sufficient to justify an MUTCD change. Successful experimentations
with a device by multiple jurisdictions in different geographic areas
of the country may be considered as more convincing evidence of potential
applicability for the MUTCD.
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- Q: Is there a process for experimental
devices approved in one State to be used in another State?
A: FHWA's approval of experimentation with a particular
device by one State or local agency does not mean that other States
or local agencies can automatically use that same device. The FHWA
Office of Transportation Operations must receive a request to experiment
from each interested jurisdiction responsible for installing the experimental
device. To help expedite the preparation of the experimentation request,
FHWA headquarters can provide the State or local highway agency with
a copy of previously approved experimentations. To help expedite the
review process, the State or local highway agency can check with the
FHWA Division Office to see if the experimentation request may be
submitted directly to FHWA headquarters with a courtesy copy to the
Division Office.
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- Q: When FHWA issues an Interim
Approval, does that mean that all jurisdictions can start using the
new type of device or design?
A: No, Interim Approval is not a blanket approval
for use by all jurisdictions. However, any agency that wants to use
a new device or design for which FHWA has issued an Interim Approval
can easily receive FHWA approval to use it. Unlike experimentation,
Interim Approvals have already undergone successful testing and evaluation,
so FHWA does not require data collection or evaluations as a condition
of a jurisdiction receiving approval to use an Interim Approval item.
Also unlike experimentation, a State can ask FHWA to grant permission
for Statewide use of an Interim Approval item by all State and local
highway agencies in the State. Refer to the discussion of Interim
Approval in Section 1A.10 of the MUTCD, and also refer to the information
on the Interim Approvals page of the MUTCD website.
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- Q: There are some "gray
areas" where the MUTCD text or figures aren't clear in what exactly
is required, allowed, or prohibited. Is there a way to get official
clarification of meaning or intent for things like this?
A: Yes, the FHWA Office of Transportation Operations
will, on request, provide an Official MUTCD Interpretation for any
item that is thought to be unclear. Refer to Section 1A.10 for more
information on Official Interpretations. Also, refer to the information
on the Official Interpretations
page of the MUTCD website.
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- Q: What is the process for changing
or updating the MUTCD?
A: Review the Amendment
Process for updating the MUTCD. Written requests for changes to
the MUTCD provisions may be sent to the Federal Highway Administration,
Office of Transportation Operations (HOTO), 400 7th Street SW, Washington,
DC 20590. For additional information on what must be included in the
request, refer to Section 1A.10 (Interpretations, Experimentations,
Changes, and Interim Approvals). The FHWA will consider suggestions
of merit for proposed future rulemaking actions.
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