Traffic Control Device in Georgia

What is the name of your state? Georgia

I recently received a traffic ticket for disregarding a traffic control device in Atlanta GA. I plan to contest the ticket and I think I've found a pretty good basis... According to the MUTCD, regulatory signs must be at least seven feet tall and I can demonstrate that the signs in question do not meet this requirement.

Under state code (32-6-50) the state DOT is required to promulgate rules and regulations for the placement of traffic control devices. From every bit of research I've done, Georgia does not issue its own manual, but relies on the Federal version (which, under Federal law must be adopted by state as a minimum standard anyway.) The FHWA website confirms this fact and, when I contacted the DOT for a copy of their manual, the directed me to the Federal document.

My problem is finding a basis to make sure I can get the MUTCD admitted in court or accepted under judicial notice in traffic court. I can’t reference it as a statute and I can’t find any published directive of the state DOT endorsing the Federal version. I have no idea how to produce a certified copy of the regulations.

Any advice on how to make sure I can get this on the record and incorporated into the decision would be greatly appreciated.

You need to find out what the local ordinances state in regards to the violation you have allegedly violated.

Go to this site this guy show a case where he did just what you were asking about

http://thegeorgiaspeedingticketkiller.com/home.php

Simply put, all states are required to comply with the MUTCD as long as they accepted federal highway funds which ever town has in this country. Even if they have a local ordinance the about signage and stuff the MUTCD over rides them if their local requirements are less than the MUTCD as soon as they accepted fund. The guy at that site above explains it all.

I think this is what you are looking for

Georgia law under OCGA 40-1-1 (37) states:

(37) 'Official traffic-control devices' means all signs, signals, markings, and devices not inconsistent with this title which are placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic.

Georgia law under OCGA 40-6-20 (b) states:

(b) No provisions of this chapter which require official traffic-control devices shall be enforced against an alleged violator if at the time and place of the alleged violation an official device was not in proper position and sufficiently legible to be seen by an ordinarily observant person.

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Trying to get something a little more specific

Maestro64 - I agree with what you're saying and have visited the site you referenced (in fact, that may be where I got the original idea.) The problem is that I'm concerned with compelling a traffic court judge to take notice of the MUTCD. Technically, it's a Federal document and the court may argue that they are empowered only to act on state regulations.

32-6-50 requires the GDOT to promulgate regulations and everything I've found indicates that they have simply adopted the Federal MUTCD. The problem is that I can't find any official ruling or issuance from GDOT adopting the federal document. I could find nothing in the Secretary of State's published compilation of the Rules and Regulations of the State of Georgia. Without incontrovertible evidence that the state of Georgia has legally adopted the MUTCD, I'm afraid that the judge might ignore the regulation.

I'm hoping to turn up something that the judge can't dismiss.

According to that site the guy claims there is an actual GA state case law that states GA must follow the MUTCD. Also he has audio from an actual case where a person successfully present his MUTCD defense to the judge a judge and the officer claimed he is not required to enforce Federal rule only state of GA laws and the did not agree with the officer.

Anyway, if this is your defense and you do not want to pay for access to websites like Lawclerk or caselaw or findlaw to look up the relevant GA case laws you might want to buy that guys CD with all the information needed.

Also, if you can not find and reference in GA that they adopted the MUTCD the you need to fall back on this the federal rules which over rides all local laws.

The MUTCD is adopted by reference in accordance with title 23, United States Code, Section 109(d) and Title 23, Code of Federal Regulations, Part 655.603, and is approved as the national standard for designing, applying, and planning traffic control devices.

Mandatory conformity with National Traffic Control Standards has been required on all federally funded highways since 1944. In 1966, Congress passed the HIGHWAY SAFETY ACT, where they expanded its mandates to include ALL ROADWAYS OPEN TO THE PUBLIC, not just federally funded highways. To empower this Act, Congress resolutely PREEMPTED ALL STATE TRAFFIC CONTROL LAWS to facilitate the adoption of a uniform NATIONAL TRAFFIC CONTROL STANDARD.

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I am going through the same issue now with the City of Sandy Springs, in my case there was no posted speed limit at all.

Anyways you have to check to see:

1. exactly what city where you in
2. check the local ordinance to see if they adapted the MUTCD Laws.....even if they did the prosecutor will argue that the law only requires the city/state be in SUBSTANTIAL COMPLIANCE WITH THE MUTCD

I would not rest my case on this one issue if this is all you have......KEEP DIGGING!

I can also make a case that the signage was not sufficiently legible to be seen by an ordinarily observant person, however this is subjective and the judge can go however he feels. The regulations prescribed by the MUTCD are required standards (as opposed to options or suggestions.) Hence, if I can get it in, there's not really any wiggle room.

What is your emial? I will sent you the latest MUTCD manual from DEC 2007. It says that Each State MUST BE IN SUBSTANTIAL CONFORMANCE

Just trying to help

There is a ton of useful information in there besides that as well.

Thanks gooddriver

Gooddriver - Thanks for the offier, but I've got a copy of the MUTCD in PDF already. I've found some case law indicating that a judge should incorporate departmental rules as judicial notice, so I think I'm getting fairly close. The only real issue is the GDOT does not appear to have issued the MUTCD as its official ruling via the Secretary of State's official complation of the Rules of the State of Georgia.