BEFORE THE DEPARTMENT OF TRANSPORTATION

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rule I, the amendment of ARM 18.6.402, 18.6.403, 18.6.404, 18.6.405, 18.6.406, 18.6.407, 18.6.408, 18.6.409, 18.6.420, 18.6.421, 18.6.422, 18.6.423, 18.6.430, 18.6.431, 18.6.432, 18.6.433, 18.6.434, 18.6.435, 18.6.436, and repeal of ARM 18.6.401 pertaining to Motorist Information Signs

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NOTICE OF PROPOSED ADOPTION, AMENDMENT AND REPEAL   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

1. On November 11, 2012, the Department of Transportation proposes to adopt, amend, and repeal the above-stated rules.

 

2. The Department of Transportation will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact Department of Transportation no later than 5:00 p.m. on November 1, 2012, to advise us of the nature of the accommodation that you need. Please contact Patrick J. Hurley, Department of Transportation, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-6068; fax (406) 444-7254; TTY/Montana Relay Service 800-335-7592, or (406) 444-7996; or e-mail [email protected].

 

3.  The rule as proposed to be adopted provides as follows:

 

NEW RULE I  SUPPLEMENTAL MESSAGE SIGNS (1) A portion of a logo sign panel may be used to display a supplemental message horizontally along the bottom of the logo sign panel, providing that the message displays essential motorist information, in conformance with all supplemental message standards contained in the MUTCD.

(2) All supplemental messages shall be displayed within the logo sign panel and conform to all MUTCD standards. A logo sign panel shall not display more than one supplemental message.

(3) Supplemental messages may include, but are not limited to, messages such as "diesel," "24 hours," "closed" and the day of the week when the facility is closed, "alternative fuels," and "RV access" after meeting any additional requirements of this rule for the appropriate type of supplemental message.

            (4)  An "auto repair" supplemental message may be displayed if qualified personnel are available to perform minor auto repair and tire repair at least eight hours per day, five days per week.

            (5)  A "24 hour" supplemental message may be displayed if the fuel pumps are operable with major credit cards or personnel 24 hours each day, seven days per week.

            (6) An "alternative fuel" supplemental message, including "diesel," "propane,"  "LP-Gas," or a MUTCD standard symbol for these messages may be displayed when those services are offered at a business facility.

(7) A "recreational vehicle (RV) access" supplemental message may be displayed horizontally or as a circular symbol, in conformance with all standards in the MUTCD, if the business meets all of the appropriate following requirements for the type of business facility:

(a) all facilities' roadway access and egress must be hard surface, free of potholes, and must be at least 12 feet wide with a minimum swing radius of 50 feet to enter and exit the facility;

(b) all facilities' roadway access, egress and parking facilities must be free of any overhead obstructions (e.g., wires, branches, signs, canopies) up to 14 feet above the surface;

(c)  all facilities must post directional signs on the site, as needed, to guide RVs to RV-friendly parking spaces and other on-site RV-friendly services, including additional guidance upon leaving a public highway and entering the facility's property;

(d) a facility requiring short-term parking, such as a restaurant, is required to have two or more spaces that are 12 feet wide and 65 feet long with a swing radius of 50 feet to enter and exit the spaces;

(e) a fueling facility with canopies is required to have a 14 foot clearance and those selling diesel fuel are required to have pumps with noncommercial nozzles;

(f) a fueling facility must allow for pull-through with a swing radius of 50 feet; and

(g) a campground facility must have two or more spaces that are 18 feet wide and 45 feet long.

 

AUTH:  60-5-503, MCA

IMP:  60-5-513, MCA

 

REASON:  The proposed new rule is necessary to implement federal regulations as found in the Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD) which allow supplemental message signs on a logo sign panel. The MUTCD also specifically authorizes "RV access" supplemental message signs, in conformance with MUTCD specifications as a separate supplemental message sign category. The proposed new rule will implement necessary requirements which the businesses must meet in order to qualify for an RV access supplemental message sign.

 

4. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

            18.6.402  DEFINITIONS  (1) When used in this subchapter the terms: business sign, crossroad, department, franchisee, motorist information sign, motorist service, specific information sign, and tourist-oriented directional sign shall have the same meaning as in 60-5-502, MCA. "Business sign" or "logo sign panel" means a separately attached sign mounted on a motorist information sign panel to show the brand, symbol, trademark, or name, or combination of these, for a motorist service available on a crossroad at or near an interchange or intersection as per 60-5-502, MCA.

            (2) "Combination sign" means a specific information (LOGO) sign displaying the availability of two or more types of services.

            (3) "Conventional road" means a street or highway which has a traffic flow of more than 400 annual average daily traffic count. The term does not include a low volume road (less than 400 annual average daily traffic count) or a residential street.

            (4) "Crossroad" means a marked route or other public road intersecting a freeway or divided highway for which access is provided at an interchange or intersection, as per 60-5-502, MCA.

            (3) remains the same but is renumbered (5).

            (6) "Department" means the Montana Department of Transportation provided for in 2-15-2501, MCA, as per 60-5-502, MCA.

            (7) "Franchisee" means a person awarded a franchise as provided in 60-5-505, MCA, as per 60-5-502, MCA.

            (4) through (6) remain the same, but are renumbered (8) through (10).

            (7)(11)  "Interstate highway" or "federal-aid interstate highway" is defined in 60-1-103, MCA, and also means a highway on the federal-aid or national highway interstate system as defined in 60-1-103, MCA.

            (8) and (9) remain the same but are renumbered (12) and (13).

            (14) "Motorist information sign" or "mainline" means a rectangular sign panel located in the same manner as other official traffic signs, readable from the main traveled way, and that is a:

            (a)  specific information sign; or

            (b)  tourist-oriented directional sign, as per 60-5-502, MCA.

            (15) "Motorist service" means gas, food, lodging, camping, recreation, and other tourist services, as per 60-5-502, MCA.

            (10) remains the same but is renumbered (16).

(11)(17) "Primary highway" or "federal-aid primary system" is defined in 60-1-103, MCA, and also means a highway on the federal-aid state primary or national highway system as defined in 60-1-103, MCA. 

(12) and (13) remain the same but are renumbered (18) and (19).

(20) "Specific information sign" or "LOGO sign" means a motorist information sign that is located on the interstate highway system and that contains:

(a)  the words "GAS," "FOOD," "LODGING" or "CAMPING";

            (b)  directional information; and

            (c)  one or more individual business signs, as per 60-5-502, MCA.

            (21) "Specific service ramp sign" or "ramp sign" means a sign installed along the ramp or at the ramp terminal of single-exit interchanges for facilities that have logo sign panels displayed along the main roadway, but the facilities are not readily visible from the ramp terminal.

            (22) "Specific service trailblazer sign" or "trailblazer" means a guide sign with one to four logo sign panels that display business identification and directional information for services, which are installed along crossroads for facilities that have logo sign panels along the main roadway and ramp, but require additional vehicle maneuvers.

(14) "Supplemental directional sign" means a specific information sign located adjacent to an exit ramp.

(23) "Tourist-oriented directional sign" or "TODS" means a motorist information sign located on the primary highway system or conventional roads to provide:

            (a)  business identification; and

            (b)  directional information for businesses, services, and activities of interest to tourists, as per 60-5-502, MCA.

(15) remains the same but is renumbered (24).

(16) "Trailblazer sign" means a small sign with the type of service, name of business, direction, and distance to a qualified business.

(17) and (18) remain the same but are renumbered (25) and (26).

 

AUTH:  60-5-503, MCA

IMP:  60-5-502, 60-5-513, MCA

 

REASON:  The proposed amendments are necessary to add definitions used throughout the rules and to conform definitions to the terminology used in the federal MUTCD and 60-5-502, MCA, in order to avoid confusion for the public utilizing the Motorist Information Sign Program in Montana.

 

18.6.403  BUSINESS ELIGIBILITY FOR SPECIFIC INFORMATION (LOGO) SIGNS  (1) All specific information (LOGO) signs must meet the specifications contained in the Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD) (2009), Sections 2.J. and 2.K., which are incorporated by reference, and a copy of which is available at //mutcd.fhwa.dot.gov. 

(1)(2) In order to be a qualified business, To be eligible for placement of a business sign on a specific information (LOGO) sign panel, a business must provide one or more of the following services: gas, food, lodging, or camping.  Priority shall be given to businesses within the applicable 3 three mile increment which are in continuous operation for 12 months per year.

            (2)(3) A business must meet the following requirements:

            (a) Gas-diesel vehicle service stations shall: To qualify for a GAS logo sign panel, a business must have:

            (i) Provide vehicle services including gas or alternative fuel, oil, water, and air;

            (ii) Provide restroom facilities and drinking water;

            (iii) Provide a telephone available for public use; and

            (iv) Be in continuous operation at least 12 hours per day, 7 seven days per week;

            (v) May qualify for the additional words "auto repair" on the business sign provided qualified personnel are available to perform minor auto repair and tire repair at least 8 hours per day, 5 days per week; and

            (vi) May qualify for the additional words "24 hour" provided the fuel pumps are operable with major credit cards or personnel 24 hours each day, 7 days per week.

            (b) Food and restaurant facilities shall: To qualify for a FOOD logo sign panel, a business must have:

            (i) Be approved or licensed licensing or approval as required by the state agency or political entity having jurisdiction;

            (ii) Be in continuous operation for at least 10 hours per day, 7 to serve at least two meals per day, at least six days per week;

            (iii) Provide restroom facilities; and

            (iv) Provide a telephone available for public use.

            (c) Lodging, motel, and hotel facilities shall: To qualify for a LODGING logo sign panel, a business must have:

            (i) Be approved or licensed Licensing or approval as required by the state agency or political entity having jurisdiction;

            (ii) Provide a telephone available for public use; and

            (iii) Provide adequate sleeping accommodations.; and

            (iv) restroom facilities.

            (d) Camping and campground facilities shall: To qualify for a CAMPING logo sign panel, a business must have:

            (i) Be approved or licensed Licensing or approval by the state agency or the political entity having jurisdiction;

            (ii) Provide modern sanitary facilities and drinking water; and

            (iii) Provide adequate camping and parking spaces.

            (3)(4) If available spaces for any of the above service categories are not fully utilized by businesses strictly meeting the corresponding criteria, the department may at its discretion, permit allow other businesses in the same service category meeting the majority of the criteria to utilize the otherwise unused spaces.  Such businesses' right to utilize spaces shall be reevaluated on an annual basis.  Should the demand by businesses fully meeting the criteria increase, the "all service" businesses shall be given priority when considering annual renewal of contracts.  

           

AUTH:  60-5-503, MCA

IMP:  60-5-514, 60-5-522, MCA

 

REASON: The proposed amendments are necessary to bring the rule language into compliance with the federal MUTCD for LOGO signs as well as the Montana Motorist Information Sign Program statutes found at Mont. Code Ann. Title 60, Chapter 5, Part 5.  Subsections (2)(v) and (vi) are deleted to move the information to New Rule I on Supplemental Message signs. The citations are amended to remove an unnecessary statutory citation.

 

            18.6.404  LOCATION OF QUALIFIED BUSINESSES FOR SPECIFIC INFORMATION (LOGO) SIGNS  (1)  Specific information (LOGO) signs may be erected only for qualified businesses located within three miles of an interchange as measured from the gore of the exit ramp along public highways to the nearest point of intersection of the driveway of the qualified business and public highway, except as provided below.

            (2)  If no qualified business within a service category under ARM 18.6.403(1) exists within 3 miles of the interchange, then successive 3-mile increments up to 15 miles may be considered. If, within the three mile limit, facilities for the services being considered are not available or choose not to participate in the program, the limit of eligibility may be extended in three mile increments until one or more facilities for the services chooses to participate, or until 15 miles is reached, whichever comes first. If considered, then all qualified businesses within the service category and within the successive increment may be included, but not to exceed the maximum capacity of the specific service sign.

            (3) remains the same.

 

AUTH: 60-5-503, MCA

IMP:  60-5-512, MCA

 

REASON: The proposed amendment is necessary to clarify wording on eligibility for businesses which may be outside the initial three mile limit from the highway. The proposed language will bring the rule into conformity with the MUTCD and 60-5-512, MCA.

18.6.405  SPACING AND LOCATION OF SPECIFIC INFORMATION (LOGO) SIGNS  (1) Specific information (LOGO) signs or mainline signs may be erected and maintained within the right-of-way of the interstate highway system.

(1)(2)  Specific information (LOGO) signs shall be erected not less than 800 feet in advance of the exit direction sign at interchanges installed between the preceding interchange and at least 800 feet in advance of the exit direction sign at the interchange from which the services are available.

(2)(3)  The exact location of specific information (LOGO) signs and supplemental directional specific service ramp signs shall be determined by the franchisee, subject to approval by the department; however, the signs shall be located so as to avoid conflict with other signs within the highway right-of-way.  Lateral clearance and height shall be as specified in 2A-23 and 2A-24 of the Manual on Uniform Traffic Control Devices the MUTCD.

(3) through (7) remain the same but are renumbered (4) through (8).

(9) Specific information (LOGO) signs shall be located to take advantage of natural terrain, to have the least impact on the scenic environment, and to avoid visual conflict with other signs within the highway right-of-way.

 

AUTH:  60-5-503, MCA

IMP:  60-5-511, 60-5-513, MCA

 

REASON: The proposed amendments are necessary to bring the rule language into compliance with the Federal Highway Administration MUTCD for LOGO signs as well as the Montana Motorist Information Sign Program statutes found at Mont. Code Ann. Title 60, Chapter 5, Part 5.

 

18.6.406 SPECIFIC INFORMATION (LOGO) SIGN DESIGN AND ORDER

(1)  Specific information (LOGO) signs shall comply with the standards for number of signs along an approach to an interchange or intersection provided in 2G-5 of the Manual on Uniform Traffic Control Devices the MUTCD and the specifications in the contract between the department and the franchisee.

(2) Six business signs for gas, food, lodging, and camping will be available in each direction of travel at any interchange on an interstate highway except that at an interchange where there are more than six eligible businesses for a specific service, the excess eligible businesses may be combined on other specific service signs upon department approval. In the event other eligible businesses in other categories apply for participation, they shall be given priority over the excess business(es) upon contract expiration. The number of specific information (LOGO) signs along an approach to an interchange or intersection, regardless of the number of service types displayed, shall be limited to a maximum of four. 

(3) No more than three types of services shall be represented on any sign or sign assembly. If three types of services are displayed on one sign, then the logo sign panels shall be limited to two for each service type (for a total of six logo sign panels). If two types of services are displayed on one sign, then the logo sign panels shall be limited to either three for each service type (for a total of six logo sign panels), or four for one service type and two for the other service type (for a total of six logo sign panels). 

(3) remains the same but is renumbered (4).

(4)(5)  Where there is insufficient space for all four specific service signs, or where there are business signs of two or more services competing for the unused space of another service, the following priority shall govern: GAS, FOOD, LODGING, and CAMPING.  Where there is greater demand for signs in one service category than there is in a higher priority category, the franchisee may request approval from the department to set a different priority at that interchange.  However, only two service categories may be displayed on a sign. 

 

AUTH:  60-5-503, MCA

IMP:  60-5-512, 60-5-513, MCA

 

REASON: The proposed amendments are necessary to bring the rule language into compliance with the federal MUTCD for LOGO signs as well as the Montana Motorist Information Sign Program statutes found at Mont. Code Ann. Title 60, Chapter 5, Part 5.

 

18.6.407  SUPPLEMENTAL DIRECTIONAL SPECIFIC SERVICE RAMP SIGNS  (1) The information displayed on specific information signs must be repeated on supplemental directional signs when the qualified businesses identified on the specific information signs are not visible to traffic at the exit ramp terminus. Specific service ramp signs may be installed at single-exit interchanges along the ramp or at the ramp terminal for facilities that have logo sign panels displayed along the main roadway if the facilities are not readily visible from the ramp terminal. Directions to the service facilities shall be indicated by arrows on the ramp signs. Logo sign panels on the ramp signs shall be duplicates of those displayed in the specific service signs located in advance of the interchange, but shall be reduced in size to meet standards in the MUTCD.

(2)  Where the qualified business is located more than one mile from the interchange, mileage must may also be given on the supplemental directional specific service ramp sign. Specific service ramp signs should include distances to the services facilities.

(3) remains the same.

(4) Supplemental directional signs shall be located on the highway right-of-way along the interchange ramp or at the ramp terminal.

(5)(4)  The exact location of the supplemental directional specific service ramp signs shall be determined by the franchisee, subject to review by the department.

(6)(5) A minimum of 100 feet is required between successive supplemental directional specific service ramp signs.

(7) Supplemental directional signs shall conform to the specifications stated in the contract between the department and the franchisee. 

 

AUTH:  60-5-503, MCA

IMP:  60-5-513, MCA

 

REASON: The proposed amendments are necessary to bring the rule language into compliance with the federal MUTCD for LOGO signs as well as the Montana Motorist Information Sign Program statutes found at Mont. Code Ann. Title 60, Chapter 5, Part 5.

 

18.6.408  SPECIFIC SERVICE TRAILBLAZER SIGNS  (1) Trailblazer signs must be installed along a highway for a qualified business if the business cannot be seen from the highway. Specific service trailblazer signs may be installed along crossroads where the route to the business requires a direction change, where it is questionable as to which roadway to follow, or where additional guidance is needed.  Where it is not feasible or practical to install specific service trailblazer signs to a business, the business shall not be considered eligible for signing from the ramp and main roadway. A specific service trailblazer sign shall not be installed at the point where the business is visible from the roadway and its access is readily apparent.

(2) Trailblazer signs may be located on the right-of-way of the public highway near all intersections where the direction of the route changes or where it might be questionable as to which roadway to follow.

            (3)(2)  The location of other traffic control devices shall take precedence over the location of a specific service trailblazer sign. If conflicts with existing signs arise, the exact location of trailblazer signs shall be determined by the department.

            (4)  If a trailblazer sign must be erected along a public highway which is not under the maintenance jurisdiction of the department, the franchisee shall obtain written permission from the applicable authority before the sign may be erected.

            (5)(3)  Each specific service trailblazer sign or sign assembly shall be limited to no more than four logo sign panels. The logo sign panels shall be duplicates of those displayed on the specific service ramp signs. Trailblazer Specific service trailblazer signs shall be erected in the same order as specific information (LOGO) signs.

            (6)(4) Trailblazer Specific service trailblazer signs shall indicate, by arrow, the direction to the qualified business and shall indicate mileage where the business is located more than 1 one mile from the sign. Appropriate legends, such as directional arrows or a word message (e.g., "next right" or "second right") shall be displayed with the logo sign panel to provide proper guidance.

            (7)(5) All necessary specific service trailblazer signs must be erected before a business sign may be installed.

            (8)(6) The department may review the franchisee's determination of number and location of specific service trailblazer signs.

 

AUTH:  60-5-503, MCA

IMP:  60-5-513, MCA

 

REASON: The proposed amendments are necessary to bring the rule language into compliance with the federal MUTCD for LOGO signs as well as the Montana Motorist Information Sign Program statutes found at Mont. Code Ann. Title 60, Chapter 5, Part 5. The proposed amendment will delete (4), as the signs will only be erected within MDT right-of-way, and not in areas under the jurisdiction of local government authorities.

 

            18.6.409  BUSINESS SIGNS – LOGO SIGN PANELS  (1)  A business sign, or logo sign panel shall be an identification symbol, identification trademark, or a word message. Each business sign shall be placed on a separate logo sign panel that shall be attached to the specific service sign. Only a business name or trade name shall be used on business signs.  If a nationally, regionally, or locally recognized trade name is available, it shall be used in preference to any other form of business identification.

            (2)  Any message which advertises rather than identifies a business is prohibited.  On "GAS" business signs, the word "diesel," "propane," or a department approved symbol for diesel or propane may be included on the business sign.

            (3) remains the same.

            (4) A business sign shall normally have a white message on a blue background; however, colors consistent with customary use may be used with nationally, regionally, or locally known trade names. The principal legend on the business sign shall be a minimum of 4 inches in height. Where a trade name is used alone for a business sign, any legend on the trade name shall be in proportion to the size. A business sign shall have a white border. When trade names are used alone, the border may be omitted. Symbols or trademarks used alone for a logo shall be reproduced in the colors and general shape consistent with customary use, and any integral legend shall be in proportionate size. A word message logo, not using a symbol or trademark, shall conform to color and letter height standards in the MUTCD.

            (5)  Business signs (logo sign panels) shall initially be placed on a specific information sign, having two rows of such signs in order of increasing distance as follows: Closest, upper left; second, lower left; third, upper center; fourth, lower center; fifth, upper right; sixth, lower right.  On specific information (LOGO) signs with a single row of business signs, individual business signs shall be placed in order of increasing distance from left to right.  Relative distance of each qualified business to the interchange shall be determined at the time of lease application.  Later additions may be made without rearranging the remaining business signs.

(6)  The order of arrangement for business signs on supplemental directional specific service ramp signs and specific service trailblazer signs will be determined by the direction of the arrow.  Businesses located on the left shall be designated at the top of the sign.  

 

AUTH:  60-5-503, MCA

IMP:  60-5-512, 60-5-513, MCA

 

REASON: The proposed amendments are necessary to bring the rule language into compliance with the federal MUTCD for LOGO signs as well as the Montana Motorist Information Sign Program statutes found at Mont. Code Ann. Title 60, Chapter 5, Part 5. Some wording on use of symbols was moved from subsection (2) of this rule to New Rule I on Supplemental Message signs.

 

            18.6.420 TOURIST-ORIENTED DIRECTIONAL SIGNS (TODS) – GENERAL 

            (1) Tourist-oriented directional signs may be erected within a rural area. All tourist-oriented directional signs (TODS) must meet the specifications contained in the Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD) (2009), Sections 2.J. and 2. K., which are incorporated by reference, and a copy of which is available at //mutcd.fhwa.dot.gov.

            (2)  Tourist-oriented directional signs may be erected within the corporate limits of a town or city with a population of less than 15,000 persons. If the consent of the local government is required, it shall be provided in writing to the franchisee.

(3)  Tourist-oriented directional signs may be erected for an activity not visible and identifiable from the primary highway during the period the activity is operating and open to the public. For the purposes of this rule, "visible" means the activity or an on-premise sign can be clearly seen and readable from points established for stopping sight distance. "Identifiable" means that the activity's structure(s), general developed area or on-premise sign(s) clearly conveys specific identification of the activity from points established for stopping sight distance. On-premise signs of 40 square feet or less are not considered in the determination of visible or identifiable as defined in this rule. General guidance for the points used to establish "visible" and 'identifiable" shall be measured from the business approach intersection using as a minimum the following chart for stopping sight distance.

 

            Posted speed limit                                             Estimated stopping sight distance

            (in miles per hour)                                                           (in feet)

                              25                                                                        150

                              30                                                                        200

                              35                                                                        250

                              40                                                                        325

                              45                                                                        400

                              50                                                                        475

                              55                                                                        550

 

In areas without a posted speed limit, the maximum distance used for the purposes of determining visibility shall be 600 feet.

(2) Tourist-oriented directional signs (TODS) are guide signs with one or more sign panels that display the business identification of and directional information for eligible business, service and activity facilities.

(3) Tourist-oriented directional signs (TODS) may be erected and maintained within the right-of-way of the primary highway system or on conventional roads.

            (4) A facility shall be eligible for tourist-oriented directional signs (TODS) only if it derives its major portion of income or visitors during the normal business season from road users not residing in the area of the facility. Tourist-oriented directional signs (TODS) may include businesses involved with seasonal agricultural products.

            (5) A tourist-oriented directional sign (TODS) may not be erected if the place of business is readily visible from the main traveled roadway, unless the business meets the criteria for a TODS sign, but does not qualify for a permitted off-premise sign under the Montana Outdoor Advertising Act statutes and rules, as determined by the department.

            (6)  Where both tourist-oriented directional signs (TODS) and specific information (LOGO) signs would be needed at the same intersection, the tourist-oriented directional sign (TODS) shall incorporate the needed information from, and be used in place of, the specific information (LOGO) sign.

            (4)(7)  An activity which is located more than 5 and less than 15 miles from a primary highway may request a waiver from the department for a tourist-oriented directional sign (TODS) panel.  The waiver shall be given when the activity provides a service different from services located within 5 five miles of the intersection and where the activity is not located within 5 five miles of another primary highway or interstate where specific service or tourist-oriented signing is available to it.  

 

AUTH:  60-5-503, MCA

IMP:  60-5-519, 60-5-520, 60-5-521, MCA

 

REASON: The proposed amendments are necessary to bring the rule language into compliance with the federal MUTCD for TODS signs as well as the Montana Motorist Information Sign Program statutes found at Mont. Code Ann. Title 60, Chapter 5, Part 5. The amendment to the citations is necessary to add the correct statute being implemented by the rule.

 

            18.6.421 TOURIST-ORIENTED DIRECTIONAL TRAILBLAZER  ADVANCE SIGNS (1) Where the location of a business requires additional signing, trailblazer signs shall be erected. Advance signs should be limited to those situations where sight distance, intersection vehicle maneuvers, or other vehicle operating characteristics require advance notification of the destinations and their directions.

            (2)  Where trailblazer signs must be erected along public highways not under the maintenance jurisdiction of the department, the franchises shall obtain written permission from the applicable authority before the signs may be erected. The design of the advance sign should be identical to the design of the intersection approach sign, but directional arrows and distances to the destinations should be omitted, and an action message (e.g., "next right" or "ahead") should be placed on the sign above the business identification sign panel. The legend "right ½ mile" or "left ½ mile" may be used on advance signs when there are intervening minor roads.

            (3)  No tourist-oriented directional sign (TODS) may be erected until all necessary trailblazer advance signs are in place.  

 

AUTH:  60-5-503, MCA

IMP:  60-5-521, MCA

 

REASON: The proposed amendments are necessary to bring the rule language into compliance with the federal MUTCD for TODS signs as well as the Montana Motorist Information Sign Program statutes found at Mont. Code Ann. Title 60, Chapter 5, Part 5.  The MUTCD specifically allows TODS advance signs for TODS destinations which require additional vehicle maneuvers, which information will be added to the rule through the proposed changes. The proposed amendment will delete (2) as the signs will be erected within MDT right-of-way, and will not be located in areas under a local governmental authority's jurisdiction.

 

18.6.422  DESIGN OF TOURIST-ORIENTED DIRECTIONAL SIGNS (TODS) AND PANELS  (1) Tourist-oriented directional signs shall have reflective blue background with reflective white legend and where there are intervening intersecting roadways, may display additional information such as "second right," "second left," "junction-Highway 2," etc., at the top. The signs shall be six feet wide and as high as necessary to accommodate a maximum of four individual panels. They shall meet the specifications provided in the contract between the department and the franchisee.

(2) The tourist-oriented directional sign panels shall contain space for two lines of legend in 6-inch letters, a directional arrow and distance to the activity. The legend shall be the activity name only; however, appropriate service or recreational symbols and logos may be used if reduced to appropriate size. Promotional advertising and symbols or logos resembling official traffic control devices are prohibited.

(3) When approved symbols or logos are used, they may not exceed the height of two lines of word legend. If used with a word legend, the symbol of logo shall be placed to the left of the word legend. Times of operation may be displaced on the tourist-oriented directional sign panel if necessary for the convenience of the motorist. When times of operation are displayed, they must be incorporated into the two lines of legend. 

(1) Tourist-oriented directional signs (TODS) shall have one or more sign panels for the purpose of displaying the business identification of and directional information for eligible facilities. The content of the legend on each sign panel shall be limited to the identification and directional information for no more than one eligible business, service or activity facility.  The legends shall not include promotional advertising.

            (2) Each sign panel shall have a maximum of two lines of legend including no more than one symbol, a separate directional arrow, and the distance to the facility displayed beneath the arrow. Arrows pointing to the left or up should be at the extreme left of the sign panel. Arrows pointing to the right should be at the extreme right of the sign panel. Symbols, when used, should be to the left of the word legend or logo sign panel.

            (3) General service sign symbols and the symbols for recreational and cultural interest area signs which meet all MUTCD standards, may be used. Logo sign panels for specific businesses, services and activities may also be used. Upon an applicant's request through the franchisee, the department shall determine whether hours of operation may be displayed on the sign panels.

            (4) The tourist-oriented directional sign (TODS) may display the word message "tourist activities" at the top of the sign.

            (5) Logos resembling official traffic control devices are prohibited.

            (6) Tourist-oriented directional signs (TODS) shall meet all MUTCD standards for color and height of letters.

 

AUTH:  60-5-503, MCA

IMP:  60-5-521, MCA

 

REASON: The proposed amendments are necessary to bring the rule language into compliance with the federal MUTCD for TODS signs as well as the Montana Motorist Information Sign Program statutes found at Mont. Code Ann. Title 60, Chapter 5, Part 5.

 

            18.6.423 TOURIST-ORIENTED DIRECTIONAL SIGN (TODS) INSTALLATION (1) Tourist-oriented directional signs shall be installed, at a minimum, in accordance with the chart for stopping sight distance pursuant to ARM 18.6.420(3) and may be installed farther from the intersection when necessary for motorist safety and convenience. Tourist-oriented directional signs should not be installed less than 200 feet in advance of the intersection and should maintain a minimum of 200 feet between tourist-oriented directional signs and any other highway signs, with the exception of no parking, loading zone and similar signs. However, spacing of less than 200 feet between signs may be allowed with department approval.

(2) In areas where speeds of 45 miles per hour and less are posted, sign spacing may be reduced, if necessary, with a minimum spacing of 100 feet between tourist-oriented directional signs and other highway signs. No parking, loading zone or similar signs shall not be considered for minimum spacing requirements.

(3) The right turn sign shall be the closest to the intersection with the left turn sign being the farthest in advance of the intersection.

(4) The advance tourist-oriented directional sign "1/2 Mile" or "Next Right (or Left)" may not be used unless the department determines that it is needed for highway operational safety.

(5) Signs may be erected for facilities in the ahead direction. The legend AHEAD in appropriate letter size may be used in lieu of directional arrows.

(6) Signing for right, left or ahead directions may be allowed for visible and identifiable activities to address safety problems upon department approval.

(1) Tourist-oriented intersection approach signs shall be located at least 200 feet in advance of the intersection. Signs should be spaced at least 200 feet apart and a least 200 feet from other traffic control devices. 

(2) If used, advance signs shall be located approximately ½ mile from the intersection with 500 feet between the signs. In the direction of travel, the order of advance sign placement should be to show the destinations to the left first, then destinations to the right, and last, the destinations straight ahead.

(3) Tourist-oriented directional signs (TODS) may be placed farther from the edge of the road than other traffic control devices. 

(4) The location of other traffic control devices shall take precedence over the location of tourist-oriented directional signs (TODS).

            (7) through (10) remain the same but are renumbered (5) through (8).

            (9) A tourist-oriented directional sign (TODS) must be placed at least 30 feet from the edge of the pavement, where possible.

 

AUTH:  60-5-503, MCA

IMP:  60-5-521, MCA

 

REASON: The proposed amendments are necessary to bring the rule language into compliance with the federal MUTCD for TODS signs as well as the Montana Motorist Information Sign Program statutes found at Mont. Code Ann. Title 60, Chapter 5, Part 5.

 

18.6.430  APPLICATION PROCEDURE AND NOTICE  (1) The franchisee shall give at least one public notice of desire to erect specific information sign panels at an interchange or tourist-oriented directional signs at an intersection or shall contact each qualified business in the area, or both, at least 30 days prior to the deadline set for receiving applications to place business signs on a specific information sign or tourist-oriented directional sign. The notice shall be published in a newspaper published in the county or counties where the signs will be erected. The notice shall specify from whom applications may be requested, and where and to whom the applications must be submitted for consideration.

(2) The franchisee shall retain complete records showing the notice and all contacts with local businesses for at least one year after the notice and contacts were made. These records are subject to review by the department.

(3)(1)  The franchisee shall require that requests An application for space on specific information (LOGO) signs or tourist-oriented directional signs (TODS) shall be submitted to him the franchisee.

            (4)(2)  The franchisee shall require that all requests An application shall only be made by the owner of a qualified business or his the owner's designee.

(5)(3) In the event that If the number of requests to place business signs on information sign panels, or number of requests to place tourist-oriented directional sign (TODS) panels exceed the available space, the franchisee shall use the following criteria to determine the allocation of spaces on information sign panels.:

(a) through (c) remain the same.

(6)  The franchisee shall use the same criteria as provided in (5) to determine allocation of space on tourist-oriented directional signs. The business nearest the intersection shall be given priority. 

 

AUTH:  60-5-503, MCA

IMP:  60-5-504, 60-5-505, MCA

 

REASON: The proposed amendments are necessary to clarify application processes and requirements for specific information (LOGO) signs and tourist-oriented directional signs (TODS). The proposed amendments will also delete an outdated requirement for public notices, which requirement was only necessary at the inception of the Motorist Information Sign Program some 23 years ago. The proposed amendment to the citation will add a statute being implemented by the rule.

 

18.6.431  LEASE AGREEMENTS  (1)  The franchisee shall require the owner to shall sign a lease agreement with the franchisee on a form approved by the department. and  The lease agreement shall obtain contain the written assurance required from the owner under 60-5-514(2) or 60-5-522(2), MCA. that the owner is in conformity with all applicable laws concerning the provision of public accommodations without regard to race, color, sex, culture, social origin or condition, or political or religious ideas.

(2)  Before approving the lease agreement the The franchisee shall review the owner's qualifications for compliance with the applicable criteria and may not shall only approve the lease agreement if the criteria are not met.

(3) remains the same.

(4)  Lease agreements shall be valid for a period not to exceed five full years between the franchisee and businesses participating in the motorist information sign program must be for a minimum of one year.

(5)  When an owner meets the applicable requirements and the required fees have been paid, the The franchisee shall install the business sign panel within 30 calendar days of the payment of the fees if the specific service information (LOGO) sign assembly has already been installed or within 120 calendar days of the payment of fees if the specific service information (LOGO) sign assembly has yet to be installed.  The franchisee shall install the tourist-oriented directional sign (TODS) within 120 days of the payment of fees.

(6)  The franchisee shall allow the owner or his legal successor during the term of the agreement to The owner may request a change to the business sign or tourist-oriented directional sign (TODS) copy during the term of the lease agreement so long as if the copy conforms to the statutes and these rules.  The cost of changes in the copy may be charged to the owner.  All installation of changed copy shall be conducted by the franchisee. The owner may also be charged an additional fee for each sign removed and remounted by the franchisee at the request of the owner.

(7) remains the same.

(8) Non "all-service" agreements shall be evaluated on an annual basis as provided for in ARM 18.6.403(3). 

 

AUTH:  60-5-503, MCA

IMP:  60-5-505, 60-5-514, MCA

 

REASON: The proposed amendments are necessary to clarify lease agreement requirements between the franchisee and the sign owners to avoid possible confusion over timing of sign installation or change in copy during the lease agreement term.

 

18.6.432  MAINTENANCE  (1) through (3) remain the same.

(4) All sign structures are the property of the state and only the franchisee or state-authorized personnel may enter the right-of-way to erect, maintain, repair, change copy, or access the sign structure in any manner for any reason.

(5) The department must notify the franchisee 30 days prior to any highway maintenance, highway construction or reconstruction project being let, or construction operations of any kind which will require removal of any motorist information signs. After completion of the maintenance or construction operations, the department will notify the franchisee that the signs may be replaced.

(4)(6)  The franchisee shall be responsible for the cost of the relocation of any of his the signs for highway improvements, maintenance, or construction, and shall complete the relocation removal within 60 30 days after notification that the sign must be removed. The department's project manager will coordinate removal times with the franchisee.

 

AUTH:  60-5-503, MCA

IMP:  60-5-505, MCA

 

REASON: The proposed amendments are necessary to add a subsection on notification of highway maintenance and construction projects which will require removal of any motorist information signs. The proposed amendments will clarify the department's notification process and timetable.

 

18.6.433 REMOVAL OF SIGNS AND COVERING SEASONAL SIGNS 

(1)  The franchisee must notify the owner by certified mail a minimum of thirty 30 days in advance of the removal of his or her the owner's business sign or tourist-oriented directional sign (TODS) for any cause.

(2) Business signs or tourist-oriented directional signs (TODS) may be removed for any of the following:

(a) remains the same.

(b) Violation of the provisions of 60-5-514 or 60-5-522, MCA statute or administrative rule, including nondiscrimination statutes.

(c)  Failure to meet the minimum criteria to qualify for the specific service information (LOGO) sign program or the tourist-oriented directional sign (TODS) program.

(3) The department shall solely make the determination whether statutes or rules have been violated by the owner, after investigation.

(3)(4)  If a business is closed due to fire, accident, remodeling, or other emergencies for more than 7, but not more than 90 days, then the franchisee shall have the business sign or the tourist-oriented directional sign (TODS) covered to prevent inconvenience to the traveling public.  The business shall not lose its priority or be required to reapply prior to the normal expiration of its contract.  Extensions of time beyond 90 days may be granted by the franchisee, for good cause, in such case where including but not limited to insurance claims or financial arrangements which require additional time.  However, an owner who, due to his or her own negligence, An owner who fails to open within the 90-day period due to the owner's negligence may lose his or her the right to occupy the specific information (LOGO) sign panel or tourist-oriented directional sign (TODS) panel.

(5) A business that owns any outdoor advertising structure in violation of the Montana Outdoor Advertising Act, Title 75, chapter 15, part 1, MCA, may not be eligible for business identification on a tourist-oriented directional sign (TODS) for one year after the illegal outdoor advertising structure is removed unless the owner voluntarily removes it within 45 days of receiving notice under 75-15-131, MCA.

(4)(6)  Within 5 five working days of closure of the a seasonal business, the franchisee shall cover or remove the signs for businesses which are operated on a seasonal basis or shall prominently display the word "closed" across the business sign.  Where all of the businesses on a specific information (LOGO) sign are closed, the entire sign shall be removed.  

 

AUTH:  60-5-503, MCA

IMP:  60-5-505, 60-5-522 MCA

 

REASON: The proposed amendments are necessary to clarify language on removal of motorist information signs and procedures in the event of a business closure. The proposed amendments will clarify the process for both the franchisee and the sign owners.

 

18.6.434  GENERAL SERVICE SIGNS (1) At interchanges on the interstate system where none of the qualified businesses wish to participate in the program, the department will maintain the existing general service sign. The department will not install a new general service sign along interstate or primary highways for businesses which qualify for a specific information (LOGO) sign or a tourist-oriented directional sign (TODS).

(2)  The department will remove The any existing general service signs at any interchange will be removed by the department when the first a specific information (LOGO) sign panel is installed for a business identified by a general service sign.

(3)  The department will remove an existing general service sign on any primary highway When when a tourist-oriented directional sign (TODS) is erected for a business identified by a general service sign, the department will remove the general service sign.

(4)  No new general service signs may will be erected along interstate highways for businesses which qualify for specific information (LOGO) signs or along primary highways for businesses which qualify for tourist-oriented directional signing signs (TODS). 

 

AUTH:  60-5-503, MCA

IMP:  60-5-501, MCA

 

REASON: The proposed amendments are necessary to clarify the rule language on existing general service signs. The proposed language will avoid confusion by business owners regarding existing general service signs, as well as business owners seeking placement on a general service sign or a motorist information sign.

 

18.6.435  FEES FOR POSTING ON SPECIFIC INFORMATION SIGN PANELS AND TOURIST-ORIENTED DIRECTIONAL SIGNS  (1)  The fee for placing business signs on specific information (LOGO) sign panels or tourist-oriented directional sign panels (TODS) may include the prorated cost for fabrication, erection, maintenance, or servicing of specific information and business signs; removal or covering business signs; other costs associated with the program, including the department's cost in administering the program, and reasonable profit for the franchisee operating the program.  The fee may include the supplemental directional specific service ramp sign if needed, and specific service trailblazer signs, and tourist-oriented advance signs (TODS) if needed.  The fee for each space on specific information (LOGO) sign panels and tourist-oriented directional sign (TODS) panels shall be the same for all businesses.

(2) Similar criteria to set fees for tourist-oriented directional signs shall be used.

(3)(2)  The department shall review the fees charged by the franchisee and any subsequent proposed increases for reasonableness and shall authorize them if they are in compliance with 60-5-510, MCA and approve the fees if appropriate.  

 

AUTH: 60-5-503, MCA

IMP:  60-5-510, MCA

 

REASON: The proposed amendment is necessary to clarify the rule language by combining the fee requirements for both specific information (LOGO) signs and tourist-oriented directional signs (TODS) to avoid confusion by either the business sign owners or the franchisee.

 

            18.6.436 OVERSIGHT OF THE FRANCHISEE BY THE DEPARTMENT 

            (1)  The department may review all proposed sign locations for signs to determine: if they comply with the rules or if there is a conflict with existing signs or future sign installations. The department may review an agreement with an owner, check businesses for compliance with Title 60, chapter 5, part 5, MCA, and this subchapter.

(a) franchisee compliance with statutes and rules;

(b) owner compliance with the motorist information sign program statutes and rules;

(c) owner compliance with nondiscrimination statutes; and

(d) whether a conflict exists with existing signs or future sign installations.

(2)  Complaints about the motorist information sign program or the actions of the franchisee in relation to the program may be submitted in writing to the department.  Complaints shall be investigated by the department which will provide a written response to the complainant.  A copy of the complaint and the response shall be provided to the franchisee. 

 

AUTH:  60-5-503, MCA

IMP:  60-5-505, MCA

 

REASON: The proposed amendments are necessary to clarify rule language on oversight of the franchisee by the department. The proposed rule language will help the franchisee and the public to comply with all appropriate statutes and rules.

 

5. The department proposes to repeal the following rule:

 

            18.6.401  POLICY STATEMENT  

 

AUTH:  60-5-503, MCA

IMP:  60-5-513, MCA

 

REASON:  The proposed repeal is necessary because the current rule is an archaic recitation of statutes being implemented, and a repetition of the purpose statement contained in 60-5-501, MCA. The existing rule is therefore not necessary to implement or explain statutory language.

 

6. Concerned persons may submit their data, views, or arguments concerning the proposed actions in writing to: Patrick J. Hurley, Department of Transportation, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-6068; fax (406) 444-7254; or e-mail [email protected], and must be received no later than 5:00 p.m., November 8, 2012.

 

7. If persons who are directly affected by the proposed actions wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Patrick J. Hurley at the above address no later than 5:00 p.m., November 8, 2012.

 

8. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register.  Ten percent of those directly affected has been determined to be 51 persons based on the 512 motorist information sign customers in Montana.

 

9. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to the contact person in paragraph 6 above or may be made by completing a request form at any rules hearing held by the department.

 

10. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register.  The Secretary of State strives to make the electronic copy of this notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered.  In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

 

11. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

 

/s/ Carol Grell Morris                                    /s/ Timothy W. Reardon

Carol Grell Morris                                         Timothy W. Reardon

Rule Reviewer                                               Director

                                                                        Department of Transportation

           

Certified to the Secretary of State October 1, 2012.