THE ATTOHNEY GENERAL
OF TEXAS
Honorable Brad Wright Opinion No. JM-1182
Chairman
Committee on Public Health Re: Use of four-way stop
Texas House of Representatives signs by governmental
P. 0. Box 2910 bodies to control "cut-
Austin, Texas 78769 through" traffic in resi-
dential neighborhoods
Honorable George Pierce (RQ-2008)
Chairman
Committee on Urban Affairs
Texas House of Representatives
P. 0. BOX 2910
Austin, Texas 78768-2910
Dear Representatives Wright and Pierce:
You ask the following questions:
Does the State Department of Highways and
Public Transportation's 'Texas Manual On
Uniform Traffic Control Devices For Streets
And Highways' forbid the use of multi-way
stoo siuns in a typical 'cut-through' situa-
tion? -
If the manual does forbid the use of
multi-way stop signs except in the few
specified conditions mentioned in Section
2B-6, does state law forbid local authorities
from authorizing multi-way stop signs to
control the typical 'cut-through' situation?
We assume that the "typical cut-through situation" YOU
refer to in your questions is illustrated by the following
background information you have furnished us.
Many neighborhoods in Texas suffer from
'cut-through' traffic. Motorists cause
'cut-through' traffic when they try to avoid
traffic lights (or traffic congestion) on
major throughfares by 'cutting through'
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adjacent residential neighborhoods, using
minor residential streets neither designed
nor intended to be traffic arteries. Often,
such heavy use causes safety hazards (espe-
cially when children are present), and it can
cause unwarranted noise and disruption in
otherwise quiet residential neighborhoods.
'Cut-through' traffic residential
neighborhood can signifiiktl; detract from
the quality of life there.
Local traffic officials have very few options
to control 'cut-through' traffic. Because
street patterns are almost always fixed by
recorded plat or dedication, it is usually
futile to try re-route or to redesign the
streets themselves. Sometimes turn restric-
tions or \one-way' restrictions will
discourage 'cut-through' traffic, but these
restrictions can cause problems of their own
in a residential neighborhood.
Local traffic officials may have no practical
way to discourage 'cut-throughs' except by
erecting four-way or three-way stop signs on
the affected residential streets.
Section 31 of 'article 6701d, V.T.C.S., addresses the
matter of local authorities placing and maintaining traffic
control devises upon any highway under their jurisdiction.
Section 31 provides:
Local authorities, in their respective juris-
diction, may place and maintain any
traffic-control devices upon any highway
under their jurisdiction as they may deem
necessary to indicate and carry out the
provisions of this Act, or local tr;~af~~
ordinances, or regulate, warn or
traffic. All such traffic-control devices
hereafter erected shall conform to the State
Hiahwav Deoartment'sl manual and saecifica-
tions. (Emphasis added.)
1. "State Highway Department" changed to "State
(Footnote Continued)
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Section 29 of article 6701d authorizes the State
Highway Department to adopt a manual and specifications for
a uniform system of traffic control devices. Section 29
provides:
The State Highway Commission2 shall adopt
a manual and specifications for a uniform
system of traffic-control devices consistent
with the provisions of this Act for use upon
highways within this state. Such uniform
system shall correlate with and so far as
possible conform to the system then current
as approved by the American Association of
State Highway Officials.
"Street or highway" is defined in section 13(a) of
article 6701d as "the entire width between the boundary
lines of every way publicly maintained when any part thereof
is open to the use of the public for purposes of vehicular
travel."
Part 1 of the department's Texas Manual on Uniform
Traffic Control.Devices deals with "general provisions" of
the manual. We .believe its sections lA-4 and lA-5 are
instructive in understanding the meaning of those sections
that address the matter of installation of multi-way stop
signs.
Section lA-4 concerns the matter of an engineering
study prior to making a decision to use a particular device
at a location. Section lA-4 states:
The decision to use a particular device at
a particular location should be made on the
basis of an enaineerina study of the
location. Thus, while this Manual provides
standards for design and application of
traffic control devices, the Manual is not a
substitute for enuineerina iudament. It is
(Footnote Continued)
Department of Highways and Public Transportation." V.T.C.S.
art. 6663.
2. "State Highway Commission@' changed to "State
Highway and Public Transportation Commission." V.T.C.S.
art. 6663.
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se’
* ent at th anua
be
3 st nd r s
installation, but not a leaal reouirement for
installation.
Qualified engineers are needed to exercise
the engineering judgment inherent in the
selection of traffic control devices, just as
they are needed to locate and design the
roads and streets which the devices-
complement. JUrisdictions
itv for traffic control, that do not have
crualified enaineers on their staffs, should
seek assistance from the State highway
department, their county, a nearby large
city, or a traffic consultant. (Emphasis
added.)
Section lA-5 addresses the meaning of 8Vshall,'t
"should," and 18rnayV8as they are used in the manual,
providing:
In the Manual sections dealing with the
design and application of traffic control
devices, the words '8shall,8U "should" and
8tmayln are used to describe specific
conditions concerning these devices. To
clarify the meanings intended in this Manual
by the use of these words, the following
definitions apply:
1. SHALL -- A mandatory condition. Where
certain requirements in the design or
application of the device are described with
the 'shall' stipulation, it is mandatory when
an installation is made that these reguire-
ments be met.
2. SHOULD -- An advisorv condition.
Where the word 'should' is used, it is
considered to be advisable usage, recommended
but not mandatory.
3. MAY -- A m
pe condition. No
requirement for design or application is
intended.
The manual describes traffic conditions which may or
should justify a multi-way stop sign installation in section
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2B-6 and in Appendix B of the manual entitled "Alternate
Warrant for Multi-way Stop Control Using Volume and Delay."
We believe that the traffic conditions detailed in
section 2B-6 and Appendix B are intended as guidelines for
use of local authorities in making a determination of
whether to erect multi-way stop signs. The manual expressly
states that they are not a requirement for.installation. We
note that section 2B-6 does emphasize the importance of the
use of qualified engineers in the selection of sites and
erections of such signs.
In the event a determination is made to install
multi-way stop signs, section 2B-4 of the manual prescribes
the dimensions, shape, color, placement, and use of devices
and supplementary plates that shall be used. Section 31 of
article 6701d requires that all **traffic-control devices
hereafter erected shall conform to the State Highway
Department's manual and specifications."
In response to your first question, we believe that the
existence of traffic conditions described in section 2B-6
and Appendix B of the manual are not a prerequisite to the
erection of multi-way stop signs or .devices by local
authorities. However, should a determination be made to
install such signs or devices they must conform to the
dimensions, shape, color, and placement required by section
2B-4 of the manual.
Your second question asks whether state law forbids
local authorities from authorizing multi-way stop signs
other than may be detailed in the department manual.
Subsection (b) of sections 27 of article 6701d prohibits
the erection of stop signs by local authorities under
certain conditions. Subsection (b) states:
No local authority shall erect or maintain
any stop sign or yield sign or traffic-con-
trol device at any location so as to require
the traffic on any State highway, including
Farm-to-Market or Ranch-to-Market roads, to
stop or yield before entering or crossing any
intersecting highway unless such signs or
devices are erected and maintained by virtue
of an agreement entered into between such
local authority and the State Highway
Department under the provisions of Senate
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,
Bill No. 415, Acts of the 46th Legislature,
Regular Session. [V.T.C.S. art. 6673b.13
Subsection (b) of section 27 of article 6701d expressly
prohibits the erection of stop signs at any location so as
to reguire traffic to stop before entering or crossing a
state highway unless there has been an agreement with the
State Highway Department pursuant.to article 667313.
SUMMARY
Section 31 of article 6701d, V.T.C.S., and
the Texas Manual on Uniform Traffic Control
Devices for Streets and Highways do not
prohibit local authorities from erecting
multi-way stop signs at intersections. The
manual contains suggested guidelines '
determining whether such signals should t:
installed and emphasizes the necessity of
engineering judgment in arriving at a
decision. In the event stop signs are
installed, the signs must conform to the
requirements of section 2B-4 of the manual as
to dimensions, shape, color, placement, and
under what conditions supplementary plates
3. Article 6673b provides:
The [State Highway and Public Transportation
Commission] is hereby authorized and empowered, in its
discretion, to enter into contracts or agreements with
the governing bodies of incorporated cities, towns,
and villages, whether incorporated under the home rule
provisions of the Constitution, Special Charter, or
under the General Laws, providing for the location,
relocation, construction, reconstruction, maintenance,
control, supervision, and regulation of designated
State highways within'or through the corporate limits
of such incorporated cities, towns, and villages, and
determining and fixing the respective liabilities or
responsibilities of the parties resulting therefrom:
and such incorporated cities, towns, and villages are
hereby authorized and empowered, through the governing
bodies of such cities, towns, and villages to enter
into such contracts or agreements with the [State
Highway and Public Transportation Commission].
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shall be used. Subsection (b) of section 27
of article 6701d, V.T.C.S., prohibits the
erection of a stop sign at any location so as
to require the traffic on any state highway,
including farm-to-market or ranch-to-market
roads, to stop before entering or crossing
any intersecting highway unless such devices
are erected and maintained pursuant to an
agreement entered into between the local
authorities and the State Highway and Public
Transportation Commission pursuant to article
6673b, V.T.C.S.
Very
/+uly Yo# ,
JIM MATTOX
Attorney General of Texas
MARYKELLER
First Assistant Attorney General
LOU MCCREARY
Executive~Assistant Attorney General
JUDGE ZOLLIE STEAKLEY
Special Assistant Attorney General
RENEA HICKS
Special Assistant Attorney General
RICK GILPIN
Chairman, opinion Committee
Prepared by Tom G. Davis
Assistant Attorney General
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