MUTCD Compliance — Faded / Obstructed / Contradictory Signs
Maine adopts the federal Manual on Uniform Traffic Control Devices (MUTCD) by reference for all public ways (23 M.R.S. §1402). Parking restriction signs must be (a) retroreflective, (b) at standardized heights and dimensions, (c) unobstructed by foliage, snowbanks, or other signs, and (d) free from contradictory adjacent signs. Maine's heavy snowfall winters routinely create signage failures: street-cleaning signs buried under snowbanks, time-restriction signs blocked by parked plow vehicles, etc. A citation cannot be sustained where the regulatory sign was non-compliant or the average reasonable driver could not perceive the restriction.
Legal basis
23 M.R.S. §1402 (MUTCD adoption); MUTCD Part 2B (regulatory signs); due-process notice requirement
Sample appeal wording
[DATE] [Municipality] Parking Division [Address] Re: Citation #[NUMBER] — Signage Defect / MUTCD Non-Compliance Dear Hearing Officer: I dispute citation #[NUMBER] on the ground that signage at [LOCATION] was non-compliant with the federal MUTCD as adopted by Maine at 23 M.R.S. §1402. Observations (photographs enclosed): 1. The cited restriction sign was [obstructed by [foliage/snowbank/construction sign] / faded to illegibility / mounted below the 7-foot MUTCD minimum / not retroreflective and invisible after dusk]. 2. A contradictory sign within [N] feet stated [different rule], creating ambiguity that under MUTCD §2A.06 must be resolved in favor of the motorist. 3. From driver's seated eye level, the restriction was not visible from the parking position, as photographs (a)-(d) demonstrate. Without adequate notice the citation violates due process and must be dismissed. Sincerely, [NAME] [ADDRESS] [PHONE] [EMAIL] Enclosures: 4-6 photographs from driver's-eye perspective and from across the street
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- 23 M.R.S. §1402 (MUTCD)
- Federal MUTCD, Part 2B regulatory signs
- FHWA — Sign retroreflectivity standards