MDOT Response/Traffic Control & Hwy 93 Access IssueA
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serr.ltir 9+ W th m ide
January 4, 2008
Representative Jon S onj u,
House District 7
PCB Box 2954
Kalispell, MT 59903-2954
Montana Deaartment of Transportation
2701 Prospect Avenue
PCB Box 201001
Helena MT 59620-1001
Subject: Traffic Control and .Access Issues on Hwy 93 North of Kalis ell
Dear Representative Sonj u:
Jim Lynch, Director
Brian Schweitzer, Governor
Director Lynch asked that I write you concerning MDT's position on traffic control and access
issues on highway 93, North of Kalispell. Apparently there is some question about the
department's authority relative to jurisdiction over access and traffic lights.
Under the provisions of Section 60-5-103 and 104, MCA, once a highway has been declared a
"controlled access highway" by the transportation commission, the only access location and how
that acesg is regulated, is established by the department of transportation. In doing so, MDT
must utilize traffic control devices in accordance with the statutorily adopted sign manual,
formally known as the Manual for Uniform Traffic Control Devices (NMTCD) as required by
G 1-8-202, MCA.
In 61-8-203, MCA, the obligation of deciding what type of traffic control device will be used on
state highways falls to the department and gives exclusive jurisdiction for that decision to MDT.
All traffic control devices are based upon specifications and criteria adopted in the interest of
public safety. It is that public safety interest that drives any decision as to use of pavement
markings, signs or traffic signals.
The decision on traffic control devices installed on state routes is done by the department under
its exclusive jurisdiction and following the. dictates of the MUTCD as to. type and location.
I realize this is an abbreviated explanation but in the interest of expediency Mr. Lynch asked that
I provide you sufficient information to set out MDT's position on the highway 93 issues. Please
feel free to contact me if I can provide more information or answer any questions you may have
with regards to the issues outlined by Director Lynch.
Very truly yours,
Timothy eard n,
Chief Ctu el
(406) 444-6302
copy: Jim Lynch, Director
Legal Services Unit Web Page: www. mdt, m t.go►r
Phone: (406) 444-7277 An Equal Opportunity Employer Road Report: (800) 226-7623 or 511
Fax: (406) 444--7206 T7Y: (800) 335-7592