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11/4/2009
Retroreflectivity. A fancy word for lots of taxpayer bucks
In the City of Appleton, a “capital improvement project” is an added asset costing $25,000 or more. Road paving and repaving, sidewalks, storm sewers, water mains, police department remodelings and new libraries – you get the picture. And this year capital project requests in the 2010 Budget include the “Traffic Sign Retroreflectivity Mandate” (p. 643). Oh my.
Traffic Engineer Eric Lom describes the project:
On January 22, 2008, the Federal Highway Administration enacted federal legislation mandating minimum retroreflectivity levels for most traffic-related signs….
Inventory System: The mandate requires that all agencies establish and implement a sign assessment or management method to maintain minimum levels of sign retroreflectivity. This will involve completing a thorough inventory of our existing estimated 25,000 traffic signs and implementation of a software-based inventory and assessment program, which will allow us to: 1) identify deficient signs, 2) develop a replacement program and 3) efficiently maintain the City's sign inventory. This work must be completed by January of 2012. Due to staffing limitations, it is assumed the work to complete the inventory will be contracted.
Sign Replacement: The mandate requires that all substandard traffic signs be brought into compliance (replaced) by January of 2015. Due to underfunding in previous years, we anticipate this will involve replacement of most traffic signs (non-parking only), which relates to approximately 8,500 signs. Since we are able to replace approximately 750 signs per year with our current staffing level in the sign shop, most of the work associated with this mandate will need to be contracted.
This little federally mandated (and unfunded) program is projected to cost the city a pretty little $1.8 million over 5 years! Wow. $204,500 in 2010 for planning alone! Oh my, oh my.
Retroreflectivity. Kind of fun to say. But awfully expensive to talk about. As you probably figured out, it’s a fancy word for how well you can see traffic signs at night. The visibility of a sign at night depends on the quality of material used for the sign, what colors are in the sign and how long the sign has been exposed to the sun.
Lom tells me the standards today are completely qualitative. The City is obligated to do night inspections – look at the sign, then grade how well you can see it on a scale of one to five. Then you replace the worst ones, for as long as the money in your budget lasts. Pretty straightforward.
NOW, the feds are telling the City it must measure every which way on every single sign, catalogue each sign’s current retroreflectivity, then establish a well-documented replacement plan. I’m thinking “you have got to be kidding me!” Or in other words, so yeah, what will the feds do to us if we don’t go through all this expense? Has anyone, recently driving around in Appleton at night, noticed any traffic signs you can’t see? (Hmmm.. well, you understand what I mean…)
Geeez. It’s overkill. And these complex standards are based on more overkill. The required range of retroreflectivity required is based on tests using the most difficult circumstances: A sign that can clearly be seen when driving 1) an older vehicle, i.e., dimmer lights, 2) a lower vehicle, i.e., less direct lighting and 3) an older driver.
The hammer, as understood by our city traffic guys, is not the loss of federal highway money, but rather the courts. The system is well set up to expose the city to liability if we don’t comply – and if a traffic accident can be shown to be the result of a supposedly hard-to-see sign. Be assured, Lom tells me, the lawyers know all about these new retroreflectivity requirements!
I want to know how many other cities are choosing to comply with this hugely expensive mandate. If you have a minute, call your City Engineer or Director of Public Works and ask them how much they’re budgeting in 2010 and future years to comply with new federal retroreflectivity rules (yeah, you have to be able to pronounce it!). Then maybe somebody in Appleton's City Hall might best ask Rep. Kagen to see what he can do about mitigating this specific federal demand. Do they get how costly this stuff is that they dream up?
Update: I talked with Mike Frewerd, sign maven with the DOT, Green Bay region. Indeed, the state has been working on addressing the retroreflectivity mandate for several years. They've recently set up a "test deck" in Madison to verify manufacturers' warranties on all colors and in various levels of sun-exposure. Municipalities will be welcome to use state data in determining how often they will change signs.
My understanding was that Frewerd thought the qualitative method currently being used by the city would satisfy the intent (and inferred liability protections) of the federal requirement. It would be important however, to follow through with developing and maintaining an inventory process.
Jo Egelhoff, FoxPolitics.net
COMMENTS
What an interesting end-around to get past the 10th Amendment.
Who needs a Constitution? Our fine "public servants" in D.C. make up the stuff they want and foist it on us however and whenever they like.
Oh my, indeed.
Jeff Riedl (Tue Nov 03 23:04:15 2009)
I wonder what studies have shown the impact of poor stop sign reflectivity. Maybe this is a high priority because of people blowing through stop signs and running over someone. But it sounds like the cell phone static warnings on gas pumps, based on nothing more than anecdotes. If in fact there is evidence of risk then the money should be prioritized versus all other possible uses for the money. I'm sure this sort of logical analysis hasn't been done however. If it has I'd like to see the evidence.
dave allen (Wed Nov 04 07:27:59 2009)
No, Duke, by what I'm reading in Jo's post, it's pretty specific we're talking about ALL streets - not just federally regulated roadways.
By the way, when was the last time you saw a stop sign on an Interstate? I can't recall.
Anyway, that's exactly my point in the earlier comment. The Feds have taken an end-around because they know the 10th Amendment (limited powers of the Federal Government / they can only have jurisdiction over matters that states grant to the Federal Gov't) that they can't regulate a local stop sign.
They can (and did), however, put a 'guideline' or 'recommendation' out there which makes it possible for trial lawyers to sue any community that doesn't "comply" as a civil matter.
Is THAT a tactic that would hold up in front of the Supreme Court? Is there precedent? I don't know - I'm not a lawyer. But as a citizen, I would hope NOT!
Jeff Riedl (Wed Nov 04 08:11:42 2009)
I'm going to assume this only applies to signs we, here in Wisconsin, place on FEDERAL roadways. Otherwise it would be in direct violation of our constitutional rights under the Bill of Rights - that is, dictating to us what we have to do on our own state and municipal roadways.
Duke (Wed Nov 04 07:32:15 2009)
Assuming compliance is determined to be necessary, why must our community always seek a costly solution. Inventorying and replacing (except those with height or hazardous locations)road signs potentially could be done with volunteers. Retired folks and students pursuing volunteer requirements are capable and might gladly assume responsibility. Sure some screening and supervision will be required, but I suspect it would cost a heck of a lot less than a paid contract to an outside firm. Let's start thinking more about civic pride, independence and duty and less about spending money as the only solution to challenges before us. Oh yes, for those with their shorts tied up by liability anxiety, there are options like signed waivers which many organizations use when involving volunteers.
Dennis (Wed Nov 04 10:51:07 2009)
To answer your inquiry, Jo, Menasha has been replacing and installing new signs that meet the standard for several years now according to DPW. No additional funds are being allocated, they've just been paying for the improved signage as it has been put in place.
I don't know if this means we'll have them ALL replace by the deadline just through what we have been doing (didn't get that far in my e-mail inquiry), but as I drive around at night, I really do see the marked difference between the newer signs which meet the standard and the older ones that were manufactured many years ago.
Jeff Riedl (Wed Nov 04 11:56:02 2009)
I wish they'd forget about the lights, and do something about the lines on the roads. Years ago it seemed like they used reflective paint or something that you could see. Now, when the roads are wet, you can't see the lines. And, with the way they have put in turn lanes and jockeyed the lanes back and forth to accommodate the turn lanes, it's very hard to see where your lane is.
Mike P. (Wed Nov 04 11:56:46 2009)
"No, Duke, by what I'm reading in Jo's post, it's pretty specific we're talking about ALL streets - not just federally regulated roadways."
I was agreeing with you. If it's not a federal roadway, our federal rulers have no constitutional authority to dictate certain signage anymore than they have the authority to force us to wear seat belts in our own state.
I was making a similar point last night to our County Corporate Council - how can the federal government take control of an investor-owned car company and turn over common stock in the company to a union, without someone taking the issue to the Supreme Court?
Then there's the old saw about, "What if W had done that?"
Duke (Wed Nov 04 12:46:06 2009)
Duke,
Sorry I mis-interpreted your post, we certainly agree that there's a sticky Constitutional matter here. I just hope it gets tested.
As for the automotive bailout - I agree that it shouldn't have been done and I think it's ugly that the union got all that stock. Wrong on so many levels.
It should serve notice, however, to anyone else who desires to "belly up to the trough" that taking public money means you will be dictated to by the hand on the other end of that money.
Taking that kind of bailout should never happen. We shouldn't allow it to happen. But if it does happen (no matter how wrong it may be), then it should be so distasteful to the recipient that they are darned stinkin' sure that all other options have been exhausted and that they are aware that we OWN them and the 'old' ownership is submitting totally to the authority of the money weasels in Washington.
Jeff Riedl (Wed Nov 04 15:20:12 2009)
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