Support:
[15] Under certain circumstances the FHWA Office of Transportation Operations might allow an experimental device or device application that has been shown to be effective and without safety concerns to remain in use after the experiment has ended. This typically would occur if the device or application is actively being considered for interim approval under the provisions of Section 1B.07.
Standard:
[16] A request for experimentation that involves a new traffic control device or a new application of an existing traffic control device shall include from the agency conducting the experiment, the manufacturer and/or developer of the device, and the supplier of the device, a legally-binding statement certifying that the traffic control device is not protected by a patent, trademark, or copyright in accordance with Section 1D.06, and that the traffic control device is in the public domain and can be used freely in traffic control device design and application without infringement or claim of trade secret misappropriation. The legally-binding statement shall also state that the agency conducting the experiment, the manufacturer and/or developer of the device, and the supplier of the device are aware that if patent, trademark, or copyright protection is established in the future for the device or application, such action will result in its removal from the MUTCD, cancellation of its interim approval, or cancellation of the authorization for experimentation.
Support:
[17] For the purpose of the Standard in Paragraph 16 of this Section, traffic control device refers to those aspects of a sign, signal, marking or other device which regulates, warns, or guides traffic. The limitation on patent, trademark, or copyright protection does not include the legal protection of individual elements of such devices. For example, manufacturing methods, assembly methods, or individual components of such devices can be protected, whereas the traffic control device cannot be subject to protection so long as it remains in this Manual. As a further example, an internal circuit board for an electronic traffic control device can be legally protected, but the electronic traffic control device itself or its operational function cannot be legally protected by any of the above forms of intellectual property rights.
Section 1B.06 Changes to the MUTCD
Support:
[01] Continuing advances in technology and approaches to traffic safety will produce changes in the highway, vehicle, and road-user proficiency; therefore, portions of the system of traffic control devices in this Manual will require updating. It is important to have a procedure for recognizing these developments and for introducing new ideas and modifications into the system.
[02] A change includes consideration of a new device to replace a present standard device, an additional device to be added to the list of standard devices, or a revision to a traffic control device application or placement criteria.
Guidance:
[03] Requests for a change to this Manual (see Section 1B.08) should contain the following information:
- A. A statement indicating what change is proposed;
- B. Any illustration that would be helpful to understand the request; and
- C. Any supporting research data that is pertinent to the item to be reviewed.
Support:
[04] Requests for a change to this Manual will be evaluated to consider the potential safety and operational benefits of the requested change and be considered for inclusion in a future for consideration in the next rulemaking to issue a new edition or revision of the Manual. A diagram indicating the process for incorporating new traffic control devices into this Manual is shown in Figure 1B-2.
Section 1B.07 Interim Approvals
Support:
[01] Interim approval allows for provisional use, pending official rulemaking, of a new traffic control device, a revision to the application or manner of use of an existing traffic control device, or a provision not specifically described in this Manual.
[02] The FHWA issues an interim approval by official memorandum signed by the Associate Administrator for Operations and posts this memorandum on the MUTCD Web site.
[03] Interim approval allows for the optional use of a traffic control device or application and does not create a new mandate or recommendation for its use. Interim approval includes conditions that jurisdictions, toll facility operators, or owners of site roadways open to public travel agree to comply with in order to use the traffic control device or application until an official rulemaking action has occurred.
