ARTICLE XIX --- Work Zone Model Law

§ 11-1901 ­- Work Zones

(a) Temporary traffic control for every work zone shall have a written Traffic Control Plan (TCP) which shall be included in the Plans, Specifications and Estimates (PS&E's) and shall be consistent with the Manual on Uniform Traffic Control Devices (MUTCD). The scope of the TCP should be developed during the planning and design phases of a project.

(b) The basic safety principles governing the design of permanent roadways and roadsides also govern the design of (TCPs) that may range in scope from very detailed documents, to referencing drawings contained in the MUTCD. The TCPs also may consist of specific drawings contained in contract documents, or standard drawings and manuals approved by the (include the name of the agency having jurisdiction over the highway).

(c) The traffic regulatory authority shall approve the (TCP) before the work zone may be established, and wherever practical shall provide prior notice of the establishment of the work zone to the law enforcement agency or agencies with jurisdiction over the roadway. The traffic regulatory authority also shall approve any changes in the TCP. The traffic regulatory authority shall designate a qualified person at the project level who will have primary responsibility and sufficient authority for assuring that the TCP and other safety aspects of the contract are effectively administered.

(d) All traffic control devices used on street and highway construction, maintenance or utility operations shall conform to the applicable standards and guidelines of the MUTCD.

§ 11-1902 - Maintenance of Speed Limits in Work Zones

(a) W henever practical , the posted speed limit should be maintained in the work zone. If the speed limit must be reduced, prior approval shall be obtained from the traffic regulatory authority, the law enforcement agency or agencies with jurisdiction over the roadway shall be notified of the changed speed limit prior to its implementation, and the TCP shall meet the requirements of this section.

(b) Before implementing a “moderate speed limit reduction” as defined in subsection (d), an engineering review shall be performed, and the TCP shall list the safety considerations requiring a reduced speed limit and the actions to be taken to eliminate, reduce or mitigate the additional traffic hazards posed by the work zone.

(c) Before implementing a “substantial speed limit reduction” as defined in subsection (e), an engineering review shall be performed, the TCP shall be site-specific, and the TCP shall list the safety considerations requiring a substantial speed limit reduction and the actions to be taken to eliminate, reduce or mitigate the additional traffic hazards posed by the work zone.

(d) A “moderate speed limit reduction” is a reduction of 10 miles per hour or less of a posted speed limit.

(e) A “substantial speed limit reduction” is a reduction of more than ten miles per hour of a posted speed limit.

(a) Only i ndividuals who are adequately trained in the principles of proper traffic control, including those enunciated in part 6 of the MUTCD, may be assigned responsibility for the development, design, implementation or inspection of work zones. These individuals should ensure that traffic control elements of the project are consistent with the TCP, and are effective in providing safe conditions for motorists, bicyclists, pedestrians, persons with disabilities, and workers.

(b) The individual responsible for safety shall have the authority to control the progress of work on the project in its relation to maintaining safe conditions, including the authority to modify conditions or halt work until applicable or remedial safety measures are taken.

(c) Signs, pavement markings, channelizing devices, delineators, and other traffic control devices that are inconsistent with intended travel paths through work zones, should be removed, turned, or covered. In work zones where visible permanent devices are inconsistent with the temporary travel paths, devices that highlight or emphasize the appropriate path should be used.

(d) Adequate warning, delineation, and channelization should be provided where appropriate to assist in guiding road users in advance of and through the work zone by using proper pavement markings, signing, or other devices which are effective under varying conditions of light and weather.

(e) Work zones should be carefully monitored under varying conditions of traffic volume, light, and weather, to ensure that traffic control measures are operating effectively and that all applicable devices used are clearly visible, clean, in good repair and in substantial compliance with the Traffic Control Plan (TCP).

(f) All temporary traffic control devices should be removed as soon as practical when no longer needed. When work is suspended for more than three hours, advance warning signs which are no longer appropriate should be removed, covered, or turned, and other inappropriate devices removed from the temporary traffic control zone so they are not visible to the drivers.

(g) Flagging should be employed only when other methods of traffic control are inappropriate or inadequate to warn and direct drivers.

(h) (1) If two-lane two-way operation on one roadway of a normally divided highway (TLTWO) is used, channelizing devices or barriers shall be used for the separation of traffic except:

• When the TLTWO is located on an urban street or arterial where operating speeds are low (25 mph or less);
• Where drivers entering the TLTWO can see the transition back to normal one-way operation on each roadway;
• Where the traffic regulatory authority approves nonuse of separation devices based on unusual circumstances.

(2) Centerline striping, raised pavement markers, and complementary signing, either alone or in combination, are not acceptable as separation devices.

§ 11-1904 - Definitions

(a) “Highway” is a general term denoting a public way for purposes of travel, including the entire area within the right-of-way.

(b) “Incident Area” means an area of a roadway where authorized personnel in response to an emergency traffic occurrence, natural disaster, or special event impose temporary traffic controls, including:

• Closure of portions of a roadway during emergency response to a traffic crash or a hazardous materials spill;
• Closure or major change in the traffic pattern of a trafficway because of a storm or other natural disaster;
• Traffic controls implemented as part of a plan to manage traffic during a special event such as a sporting event, convention, or hosting visiting dignitaries.

(c) The Manual on Uniform Traffic Control Devices means the national standard for all traffic control devices installed on any street, highway, or bicycle trail open to public travel in accordance with 23 U.S.C. 109(d) and 402(a).

(d) “Part 6 of the MUTCD” means the manual that establishes basic principles and prescribes standards for the design, application, installation, and maintenance of the various types of traffic control devices for highway and street construction, maintenance operation, and utility work.

(e) “Roadway" means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk, berm or shoulder. Roadway includes auxiliary lanes such as lanes for parking, speed change, turning, weaving, truck climbing, and other purposes supplementary to through traffic movement. In the event a highway includes two or more separate roadways the term “roadway” shall refer to any such roadway separately but not to all such roadways collectively.

(f) "Traffic control devices" means all signs, signals, markings, channelizing and other devices used to regulate, warn or guide traffic, placed on, over, or adjacent to a street, highway, roadway, pedestrian facility, or bicycle path by authority of a public body or official having jurisdiction.

(g) "Traffic control plan" (TCP) means a written plan for handling traffic through a specific highway or street work zone or project. TCPs may range in scope from a very detailed plan designed solely for a specific project (site specific), to a reference to standard plans, a typical application of the MUTCD or a standard highway agency manual. The degree of detail in the TCP will depend on the project complexity and traffic interference with construction activity.

(h) "Traffic regulatory authority" means the public authority, agency or official having jurisdiction over the roadway, and responsible for approving and monitoring the performance of traffic control plans.

(i) “Temporary Traffic Control Zone” means an area of a roadway where traffic conditions are changed by the use of temporary traffic control devices, flaggers, police or other authorized personnel. A Temporary Traffic Control Zone begins with the first advance warning or flagger and extends through the last traffic control device where traffic returns to normal conditions. A Temporary Traffic Control Zone includes a Work Zone and/or Incident Area.

(j) "Work zone" means an area of a highway with construction, maintenance or utility work activities. Signs, channelizing devices, barriers, pavement markings, and/or work vehicles typically mark a work zone. A work zone extends from the first warning sign or flashing lights on a vehicle to the END ROAD WORK sign or the last traffic control device. A work zone may be for short or long durations and may include stationary or moving activities, including:

• Long-term highway construction such as building a new bridge, adding travel lanes to the roadway, extending an existing roadway, etc;
• Short-term highway maintenance such as striping the roadway, median, and roadside grass mowing/landscaping, pothole repair, etc;
• Short-term utility works, such as repairing electric, gas or water lines within the roadway.

The work zone does not include private construction, maintenance or utility work outside the highway right of way.

1. This model law, while containing requirements not contained within Part 6 of the Manual on Uniform Traffic Control Devices -- chiefly concerning the requirements for reducing speed limits in work zones - - is consistent with the requirements of the 1988 Edition of the Manual on Uniform Traffic Control Devices, Revision 3.

2Temporary traffic control is provided for work zones and incident areas; this model law addresses only work zones.

3. The term "practical" of course encompasses the need for safety; it also includes a variety of pragmatic factors which may be considered by the traffic regulatory authority.