Delaware Administrative Code
Title 2 - Transportation
2000 - Department of Transportation
2400 - Division of Transportation Solutions
2402 - Manual on Uniform Traffic Control Devices (MUTCD)
Part 1 - General
Chapter 1A - GENERAL
Section 1A.08 - Authority for Placement of Traffic Control Devices

Universal Citation: 2 DE Admin Code 1A.08

Current through Register Vol. 28, No. 3, September 1, 2024

Standard:

01 Traffic control devices, advertisements, announcements, and other signs or messages within the highway right-of-way shall be placed only as authorized by a public authority or the official having jurisdiction, or, in the case of private roads open to public travel, by the private owner or private official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.

02 When the public agency or the official having jurisdiction over a street or highway or, in the case of private roads open to public travel, the private owner or private official having jurisdiction, has granted proper authority, others such as contractors and public utility companies shall be permitted to install temporary traffic control devices in temporary traffic control zones. Such traffic control devices shall conform with the Standards of this Manual.

03 All regulatory traffic control devices shall be supported by laws, ordinances, or regulations.

Support:

04 Provisions of this Manual are based upon the concept that effective traffic control depends upon both appropriate application of the devices and reasonable enforcement of the regulations.

05 Although some highway design features, such as curbs, median barriers, guardrails, speed humps or tables, and textured pavement, have a significant impact on traffic operations and safety, they are not considered to be traffic control devices and provisions regarding their design and use are generally not included in this Manual.

06 (DE Revision) Certain types of signs and other devices that do not have any traffic control purpose are sometimes placed within the highway right-of-way by or with the permission of the public agency or the official having jurisdiction over the street or highway. Most of these signs and other devices are not intended for use by road users in general, and their message is only important to individuals who have been instructed in their meanings. These signs and other devices are not considered to be traffic control devices and provisions regarding their design and use are not included in this Manual. Among these signs and other devices are the following:

A. Devices whose purpose is to assist highway maintenance personnel. Examples include markers to guide snowplow operators, devices that identify culvert and drop inlet locations, and devices that precisely identify highway locations for maintenance or mowing purposes.

B. Devices whose purpose is to assist fire or law enforcement personnel. Examples include markers that identify fire hydrant locations, signs that identify fire or water district boundaries, speed measurement pavement markings, small indicator lights to assist in enforcement of red light violations, and photo enforcement systems.

C. Devices whose purpose is to assist utility company personnel and highway contractors, such as markers that identify underground utility locations.

D. Signs posting local non-traffic ordinances.

E. Signs giving civic organization meeting information.

F. Non-traffic related residential signs, such as neighborhood watch signs and CCTV surveillance signs.

G. Municipal/community "Gateway" signs.

Standard:

06A (DE Revision) The items noted in the preceding paragraph, letters D through G, which are not considered traffic control devices:
A. Shall not be co-posted on official traffic control devices.

B. Shall not resemble official traffic control devices.

C. Shall not be installed, owned, or maintained by the Delaware Department of Transportation.

Standard:

07 Signs and other devices that do not have any traffic control purpose that are placed within the highway right-of-way shall not be located where they will interfere with, or detract from, traffic control devices.

Guidance:

08 Any unauthorized traffic control device or other sign or message placed on the highway right-of-way by a private organization or individual constitutes a public nuisance and should be removed. All unofficial or non-essential traffic control devices, signs, or messages should be removed.

Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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