Highway and Freeway Changeable Message Signs

The Changeable Message Signs (“CMS”) are those black boxes with digital, orange letters that give hazard warnings and safety messages to those traversing highways and freeways. Traditionally, those electronic messages have been used to display incidents like lane blockages, hazardous road conditions, and Amber Alerts. In the past few years, however, Department of Transportation employees have been spicing things up a bit, with humorous results.

Clever messages like “Don’t drive Star Spangled Hammered,” “Visiting in-laws? Slow down, get there late,” or “Use Yah Blinkah” have been displayed across CMS throughout the U.S. While these messages have been met with positive attention and laughs, the Federal Government has also indicated some concerns.

The U.S. Department of Transportation Recommends Ban of Humorous Electronic Messages on Highways

In December of 2023, the U.S. Department of Transportation released its 11th Edition of the Manual on Uniform Traffic Control Devices for Streets and Highways (“MUTCD”). Among the “significant topics of interest identified” in the amendments to this new 1,100-page manual was “Safety Messages on Changeable Message Signs.” It seems those messages with “obscure meaning, references to popular culture, that are intended to be humorous, or otherwise use nonstandard syntax for a traffic control device” have gone beyond what the Federal Government deems “appropriate and allowable use” of CMS.

Messages such as “That's the temperature, not the speed limit,” “Hocus pocus, drive with focus,” and “Hands on the wheel, not your meal” will no longer be viable for CMS, as they “can be misunderstood or understood only by a limited segment of road users and, therefore, degrade the overall effectiveness of the sign as an official traffic control device.” The MUTCD indicates worry that humorous use of CMS may “diminish respect for the sign when used in other traffic-related scenarios for regulatory, warning, and guidance under prevailing conditions.”

CMS and Electronic Messages Going Forward

The Federal Highway Administration (FHWA), an agency within the Department of Transportation, instructs that safety and transportation-related messages “should be clear and direct, and meaningful to the road user on the roadway that the message is displayed.” CMS are thus presumably only to be used for important information such as warning drivers of accidents, adverse weather conditions, and traffic delays. Further, seatbelt reminders and warnings about the dangers of speeding or driving impaired are also allowed—so long as they manage to keep the language acceptably dry.

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This article has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorneys in connection with any fact-specific situation under federal law and the applicable state or local laws that may impose additional obligations on you and your company. © 2024 Klemchuk PLLC