Tenn. Comp. R. & Regs. 1680-03-01-.02 - ADOPTION OF MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES

The current edition of the United States Department of Transportation, Federal Highway Administration, Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), 2009 Edition, is hereby adopted in its entirety and is incorporated herein by reference, with the following exceptions:

(1) Section 1A.09, Engineering Study and Engineering Judgment, of the 2009 Edition is not adopted and the following text, including language copied from the Guidance portion of Section 1A.09 of the 2003 Edition of the MUTCD, shall be adopted in its place:

Section 1A.09 Engineering Study and Engineering Judgment 01 Definitions of an engineering study and engineering judgment are contained in Section 1A.13.

Standard:

02 This Manual describes the application of traffic control devices, but shall not be a legal requirement for their installation.

Guidance:

03 The decision to use a particular device at a particular location should be made on the basis of either an engineering study or the application of engineering judgment. Thus, while this Manual provides Standards, Guidance, and Options for design and application of traffic control devices, this Manual should not be considered a substitute for engineering judgment.

04 Engineering judgment should be exercised in the selection and application of traffic control devices, as well as in the location and design of the roads and streets that the devices complement. Jurisdictions with responsibility for traffic control that do not have engineers on their staffs should seek engineering assistance from others, such as the State transportation agency, their County, a nearby large City, or a traffic engineering consultant.

Support:

05 As part of the Federal-aid Program, each State is required to have a Local Technology Assistance Program (LTAP) and to provide technical assistance to local highway agencies. Requisite technical training in the application of the principles of the MUTCD is available from the State's Local Technology Assistance Program for needed engineering guidance and assistance.

(2) The definition of Standard in Section 1A.13, Definitions of Headings, Words, and Phrases in the 2009 Edition is not adopted and the following text shall be adopted in its place:

Section 1A.13 Definitions of Headings, Words, and Phrases in this Manual

Standard:

01 When used in this Manual, the text headings of Standard, Guidance, Option, and Support shall be defined as follows:

A. Standard-a statement of required, mandatory, or specifically prohibitive practice regarding a traffic control device. All Standard statements are labeled, and the text appears in bold type. The verb "shall" is typically used. The verbs "should" and "may" are not used in Standard statements. Standard statements are sometimes modified by Options.

B. Guidance-a statement of recommended, but not mandatory, practice in typical situations, with deviations allowed if engineering judgment or engineering study indicates the deviation to be appropriate. All Guidance statements are labeled, and the text appears in unbold type. The verb "should" is typically used. The verbs "shall" and "may" are not used in Guidance statements. Guidance statements are sometimes modified by Options.

C. Option-a statement of practice that is a permissive condition and carries no requirement or recommendation. Option statements sometime contain allowable modifications to a Standard or Guidance statement. All Option statements are labeled, and the text appears in unbold type. The verb "may" is typically used. The verbs "shall" and "should" are not used in Option statements.

D. Support-an informational statement that does not convey any degree of mandate, recommendation, authorization, prohibition, or enforceable condition. Support statements are labeled, and the text appears in unbold type. The verbs "shall," "should," and "may" are not used in Support statements.

The remaining text of Section 1A.13, Definitions of Headings, Words, and Phrases in this Manual, in the 2009 Edition of the MUTCD is adopted and incorporated herein by reference.

(3) The United States Department of Transportation, Federal Highway Administration (FHWA), has authorized State MUTCDs to adopt the foregoing language in conformance with the 2003 MUTCD definition of Standard and the related Section 1A.09 Guidance statements, as provided in paragraphs (1) and (2) herein, while remaining in substantial compliance with the 2009 Edition of the MUTCD. See FHWA Official Interpretation-Manual on Uniform Traffic Control Devices, 1(09)-1 (I) - Definition of Standard Statement, October 1, 2010.

Notes

Tenn. Comp. R. & Regs. 1680-03-01-.02

Original rule certified June 10, 1974. Repeal filed September 26, 1979; effective December 29, 1979. New rule filed April 20, 1981; effective June 4, 1981. Repeal and new rule filed January 23, 2002; effective May 31, 2002. Amendment filed July 16, 2004; effective November 26, 2004. Repeal and new rule filed February 17, 2012; effective July 29, 2012.

Authority: T.C.A. § 54-5-108(b).