Non-Conforming Traffic Control Device (MUTCD Violation)
Florida Statute §316.0745 requires every traffic control device — including parking restriction signs — to conform to the FDOT-adopted Manual on Uniform Traffic Control Devices (MUTCD). A sign that is the wrong size, color, height, retroreflectivity, mounting angle, or that is missing required supplemental plaques (time-of-day, day-of-week, tow-away warning) is legally a nullity and cannot support a citation. Photographic evidence the restriction sign deviates from MUTCD specs (typical mounting height 7 ft in urban areas, R7-series sign codes) is a complete defense.
Legal basis
Florida Statute §316.0745; FDOT MUTCD; 23 CFR §655.603
Sample appeal wording
TO: [HEARING OFFICER / SPECIAL MAGISTRATE] RE: Citation No. [CITATION NUMBER] I respectfully request dismissal of the above citation on the ground that the parking restriction sign relied upon does not conform to the Manual on Uniform Traffic Control Devices (MUTCD) as adopted by the Florida Department of Transportation under §316.0745, Fla. Stat. Specifically, the sign at [LOCATION]: [ ] Is mounted at [X] feet, below the MUTCD-required minimum mounting height of 7 feet for urban roadside signs (MUTCD §2A.18); [ ] Lacks the supplemental time-of-day/day-of-week plaque required when the restriction is not in effect 24/7; [ ] Is faded, obscured by vegetation, rotated out of motorist sight-line, or otherwise non-retroreflective in violation of MUTCD §2A.08; [ ] Uses a non-standard color/legend not approved by MUTCD R7-series. Photographs and measurements are attached as Exhibits A–C. Because the controlling regulatory device is non-conforming, no enforceable parking restriction existed at the location at the time of the citation. The citation must be dismissed. Respectfully submitted, [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Florida Statute §316.0745
- FDOT Manual on Uniform Traffic Control Devices
- 23 CFR Part 655