Non-MUTCD Compliant Signage Renders Restriction Unenforceable
Alabama has formally adopted the Manual on Uniform Traffic Control Devices (MUTCD) by reference under Code of Ala. §32-5A-31. Any traffic control device — including parking-restriction signs — that fails to conform to MUTCD specifications (size, color, retroreflectivity, mounting height, placement, sign-spacing for zone signage) is not legally enforceable. Section 2B.46 governs parking signs. Common defects in Alabama: faded/sun-bleached signs (no longer retroreflective), signs mounted below MUTCD-required minimum (7 ft in business district), missing 'BEGIN'/'END' bookends on a parking-restriction zone, and obscured signs (tree branches, stickers, graffiti).
Legal basis
Code of Ala. §32-5A-31 (state adopts MUTCD); MUTCD §2B.46 et seq. (parking sign standards); §2A.08 (retroreflectivity)
Sample appeal wording
TO: [CITY] Municipal Court / Parking Bureau RE: Citation [CITATION_NUMBER] MOTION TO DISMISS — NON-CONFORMING TRAFFIC CONTROL DEVICE Under Code of Ala. §32-5A-31, all traffic control devices in Alabama must conform to the Manual on Uniform Traffic Control Devices (MUTCD). The sign relied upon to issue Citation [CITATION_NUMBER] is non-conforming in the following respects: 1. [SELECT: The sign is faded/sun-bleached and lacks retroreflectivity required under MUTCD §2A.08. Night photograph enclosed.] 2. [SELECT: The sign is mounted at approximately [X] feet, below the minimum 7-foot height required in business districts under MUTCD §2A.18.] 3. [SELECT: The parking-restriction zone is not bookended by BEGIN and END signage as required under MUTCD §2B.46. The sign at issue is the only sign on the block.] 4. [SELECT: The sign is partially obscured by [tree foliage / stickers / graffiti / parked truck], rendering it not legible from the parking position.] A non-conforming sign is not legally enforceable. Photographs and measurements enclosed. I respectfully request the citation be dismissed. [NAME, ADDRESS, DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Code of Alabama §32-5A-31
- MUTCD §2B.46 (parking signs)
- MUTCD §2A.08 (retroreflectivity)