Home » 2007 Issues » February 21, 2007 » TRN-08-07-00005-P National Manual on Uniform Traffic Control Devices for Streets and Highways
TRN-08-07-00005-P National Manual on Uniform Traffic Control Devices for Streets and Highways
2/21/07 N.Y. St. Reg. TRN-08-07-00005-P
NEW YORK STATE REGISTER
VOLUME XXIX, ISSUE 8
February 21, 2007
RULE MAKING ACTIVITIES
DEPARTMENT OF TRANSPORTATION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. TRN-08-07-00005-P
National Manual on Uniform Traffic Control Devices for Streets and Highways
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed action:
This is a consensus rule making to repeal Chapter V and add a new Chapter V to Title 17 NYCRR.
Statutory authority:
Vehicle and Traffic Law, section 1680(a); and Transportation Law, section 14(18)
Subject:
Repeal the existing provisions of Title 17 NYCRR Chapter V commonly known as the New York State Manual of Uniform Traffic Control Devices. Add a new Title 17 NYCRR Chapter V, to be commonly known as the New York State Supplement to the National Manual on Uniform Traffic Control Devices for Streets and Highways - 2003 Edition.
Purpose:
To modify certain provisions of the National Manual on Uniform Traffic Control Devices for Streets and Highways - 2003 Edition (MUTCD) in order to retain certain New York authorized traffic control devices and practices related to traffic control devices that are currently authorized by the existing Title 17 NYCRR, Chapter V but are not recognized by the National Manual on Uniform Traffic Control Devices for Streets and Highways - 2003 Edition as adopted by L. 2006, ch. 722.
Substance of proposed rule (Full text is posted at the following State website: www.nysdot. gov and www.nysdot.gov/portal/page/portal/divisions/operating/oom/transportation-systems/traffic- operations-section/mutcd):
This rule making repeals existing provisions of Title 17 NYCRR Chapter V relating to the regulations commonly known as the New York State Manual of Uniform Traffic Control Devices (MUTCD). The rule making is necessitated by the September 13, 2006 changes to Section 1680 of the New York State Vehicle and Traffic Law, wherein the provisions of the National Manual on Uniform Traffic Control Devices for Streets and Highways – 2003 Edition (National MUTCD) will be adopted effective September 13, 2007 as New York's standards governing the use of traffic control devices on streets, highways and bicycle paths open to public travel.
While the changes to the New York State Vehicle and Traffic Law adopt the provisions of the National MUTCD, they also allow the Commissioner to promulgate regulations to modify certain provisions of the National MUTCD in order to retain the standards and practices that currently meet the unique needs of New York. This rule making provides for the New York State Supplement and contains:
1. Existing devices not found in the National MUTCD (e.g., the YIELD TO THE BLIND sign);
2. Existing provisions that are stricter than their associated provisions in the National MUTCD (e.g., New York does not allow for the creation of new traffic control devices without Department approval);
3. Existing devices and provisions that must be retained in order to remain in conformance with New York State law (e.g., legal bridge clearances); and
4. Existing devices and provisions that differ from their parallel provisions in the National MUTCD, but do not violate any National mandates (e.g., general service symbol signs are subject to different rules of use).
While the adoption of the National MUTCD imposes some changes upon traffic control devices in New York, these regulations providing for a New York State Supplement will serve to mitigate the total number of changes that would have otherwise been made necessary due to the adoption of the National MUTCD as the New York State Standard for traffic control devices on public ways of travel. The New York State Supplement accomplishes this mitigation by modifying approximately 175 of the National MUTCD's 1000 sections, and adding approximately 50 new sections that carry forward provisions of the existing New York State Manual of Uniform Traffic Control Devices.
Text of proposed rule and any required statements and analyses may be obtained from:
David Woodin, Department of Transportation, Traffic Operations Section, Transportation System Operations Bureau, 50 Wolf Rd., POD 4-2, Albany, NY 12232, (518) 457-1793, e-mail: dwoodin@dot.state.ny.us
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
Pursuant to Chapter 722 of the Laws of 2006, New York State has adopted the National Manual on Uniform Traffic Control Devices for Streets and Highways – 2003 Edition (National MUTCD) as the primary standard governing the use of traffic control devices on streets, highways and bicycle paths open to public travel within the State, effective September 13, 2007. However, this primary standard only governs the use of traffic control devices to the extent that the National MUTCD does not conflict with current State law.
Section 1680 of the Vehicle and Traffic Law allows the Commissioner of Transportation to modify the provisions of the National MUTCD by the adoption of a New York State Supplement in order to carry forward existing devices and provisions that must be retained in order to remain in conformance with New York State Law.
Two facets of this proposed rule making result from, and are necessitated by, the amendments to subdivision (a) of Section 1680 of the Vehicle and Traffic Law enacted by Chapter 722 of the Laws of 2006. First, adoption of the National MUTCD as New York State's primary standard governing the use of traffic control devices requires, in parallel, the repeal of New York State's current standard, which resides in existing regulation as Title 17 NYCRR Chapter V. Second, a subset of currently authorized traffic control devices and other provisions of the existing Title 17 NYCRR Chapter V need to be brought forward to supplement the National MUTCD. This rule making adds a new Title 17 NYCRR Chapter V as the New York State Supplement to bring forward existing devices sand provisions that must be retained in order to remain in conformance with New York State Law. The traffic control devices and their provisions for use brought forward into the New York State Supplement simply restate:
1. Existing New York signs and/or other traffic control devices that are unique to New York State, and that are not found in the National MUTCD; and/or
2. Existing New York regulations and standards that are stricter or different than those outlined in the National MUTCD and are found not to violate any National MUTCD mandate.
As this proposed rule making does not contain any substantive changes to current standards or practices, no impact is expected to any State or local government and industry. Accordingly, the Department is treating this proposed change as a consensus rule making.
Job Impact Statement
1. Nature of impact:
The repeal of the existing provisions of Title 17 NYCRR Chapter V (New York State Manual of Traffic Control Devices) is necessitated by the September 13, 2006 action of the New York State Legislature, which amended Section 1680 of New York State Vehicle and Traffic Law. This change to the Vehicle and Traffic Law adopted the National Manual on Uniform Traffic Control Devices for Streets and Highways-2003 Edition, as New York State's standard for traffic control devices. The content of the proposed new Title 17 NYCRR Chapter V regulation retains provisions of New York State Regulations not recognized by the National MUTCD and will not have a significant impact as it only contains those portions currently found in existing regulation.
2. Categories and numbers affected:
This regulation applies to all governments that install traffic control devices, all highway users, all businesses that depend on transportation, and all businesses that make, distribute or install traffic control devices.
3. Regions of adverse impact:
These regulations will not have any adverse impact on jobs or employment in any regions of the state.
4. Minimizing adverse impact:
The Department expects no adverse impact due to this rule making.
5. Self-employment opportunities:
This rule making has no effect on small businesses or professional services.
