Non-Conforming Sign Under MUTCD / 540 CMR 22.00
Massachusetts has adopted the federal MUTCD (Manual on Uniform Traffic Control Devices) through 540 CMR 22.00. A parking restriction is unenforceable if the sign is missing, faded, illegible, obstructed by vegetation/snow, mounted at the wrong height (must be 7 ft minimum to bottom in urban areas), or fails to clearly state hours/days. Massachusetts courts have repeatedly held that a motorist cannot be cited for violating an ambiguous or non-conforming sign.
Legal basis
MGL c.85 §2 (uniform signs); 540 CMR 22.00; MUTCD 2009 Edition Chapter 2B; Commonwealth v. Sefranka rationale on fair notice
Sample appeal wording
To: Office of the Parking Clerk, [CITY] Re: Citation #[TICKET NUMBER] The citation must be dismissed because the regulatory sign at [LOCATION] does not conform to the Manual on Uniform Traffic Control Devices as adopted by Massachusetts under 540 CMR 22.00. Specifically: [FADED / OBSTRUCTED BY TREE / MOUNTED BELOW 7 FT / MISSING / CONTRADICTORY HOURS]. Photographs taken on [DATE] are enclosed. Massachusetts courts and MGL c.85 §2 require uniform, visible signage for enforcement. A motorist exercising ordinary care could not have ascertained the restriction. I request dismissal in full. [NAME] Enclosures: dated photographs, citation copy
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
Beat It writes this argument automatically
Scan your PCN — our AI checks if this ground applies to your specific ticket, drafts a properly-cited appeal letter, and submits it to the council on your behalf. Only pay if you win.
Scan my ticketSources
- 540 CMR 22.00 — mass.gov regulations
- MUTCD 2009 Chapter 2B — FHWA
- Boston Transportation Department signage standards