### 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 ofRepresentatives signs by governmental P. 0.Box 2910 bodies to control "cutAustin, Texas 78769 through" traffic inresidential neighborhoods Honorable George Pierce (RQ-2008) Chairman Committee onUrban Affairs Texas House ofRepresentatives P. 0.BOX 2910 Austin, Texas 78768-2910

Dear Representatives Wright and Pierce:

You ask the following questions:

Does the State Department ofHighways and Public Transportation's 'Texas Manual On Uniform Traffic Control Devices For Streets And Highways' forbid the use of multi-way stoo siuns inatypical 'cut-through' situation? -
Ifthe 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 inyour 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 tobe traffic arteries. Often, such heavy use causes safety hazards (especially when children are present), and itcan 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 tocontrol 'cut-through' traffic. Because street patterns are almost always fixed by recorded plat ordedication, it is usually futile to try re-route orto redesign the streets themselves. Sometimes turn restrictions or \one-way' restrictions will discourage 'cut-through' traffic, but these restrictions can cause problems oftheir own inaresidential neighborhood.

Local traffic officials may have nopractical way to discourage 'cut-throughs' except by erecting four-way orthree-way stop signs on the affected residential streets.
Section 31of 'article 6701d, V.T.C.S., addresses the matter of local authorities placing andmaintaining traffic control devises upon any highway under their jurisdiction. Section 31provides:

Local authorities, intheir respective jurisdiction, may place and maintain any traffic-control devices upon any highway under their jurisdiction asthey 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 saecifications. (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 amanual and specifications for
auniform system of traffic control devices. Section 29 provides:

The State Highway Commission2 shall adopt

amanual and specifications for a uniform system oftraffic-control devices consistent with the provisions ofthis Act foruse upon highways within this state. Such uniform system shall correlate with and so far as possible conform to the system then current asapproved by the American Association of State Highway Officials.

"Street or highway" is defined insection 13(a) of article 6701d as "the entire width between the boundary lines ofevery way publicly maintained when any part thereof isopen to the use of the public forpurposes of vehicular travel."

Part 1 ofthe department's Texas Manual on Uniform Traffic Control.Devices deals with "general provisions" of themanual. We .believe its sections lA-4 and lA-5 are instructive inunderstanding the meaning ofthose sections that address the matter of installation ofmulti-way stop signs.
Section lA-4 concerns thematter of an engineering study prior tomaking adecision touse aparticular device atalocation. Section lA-4 states:

The decision touse aparticular device at aparticular location should bemade 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 isnot a substitute for enuineerina iudament. It is

(Footnote Continued) Department ofHighways 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 atth anua be 3 stndrs installation, but not aleaal reouirement for installation.
Qualified engineers are needed to exercise the engineering judgment inherent in the selection oftraffic control devices, just as they are needed to locate and design the roads and streets which the devicescomplement. 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:

Inthe 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 themeanings intended inthis Manual by the use ofthese words, the following definitions apply:

1. SHALL --Amandatory condition. Where certain requirements in the design or application ofthe device are described with the 'shall' stipulation, it ismandatory when
an installation is made that these reguirements bemet.

2. SHOULD -- An advisorv condition. Where the word 'should' is used, it is considered tobe advisable usage, recommended but notmandatory.

3. MAY -- A pe m condition. No requirement for design or application is intended.

Themanual describes traffic conditions which may or should justify amulti-way stop sign installation insection

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2B-6 and in Appendix B of themanual entitled "Alternate Warrant forMulti-way Stop Control Using Volume and Delay."

Webelieve that the traffic conditions detailed in section 2B-6 andAppendix B are intended asguidelines for use of local authorities in making a determination of whether toerect multi-way stop signs. Themanual expressly states that they are not arequirement for.installation. We note that section 2B-6 does emphasize the importance of the use ofqualified 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 ofthemanual prescribes the dimensions, shape, color, placement, and use of devices and supplementary plates that shall beused. Section 31 of article 6701d requires that all **traffic-control devices hereafter erected shall conform to the State Highway Department's manual and specifications."

Inresponse toyour first question, webelieve that the existence oftraffic conditions described insection 2B-6 andAppendix Bofthemanual are not aprerequisite to the erection of multi-way stop signs or .devices by local authorities. However, should a determination be made to install such signs ordevices they must conform to the dimensions, shape, color, andplacement required by section 2B-4 ofthemanual.

Your second question asks whether state law forbids local authorities from authorizing multi-way stop signs other than may bedetailed inthe department manual.
Subsection (b)of sections27ofarticle 6701d prohibits the erection of stop signs by local authorities under certain conditions. Subsection (b)states:

No local authority shall erect ormaintain any stop sign or yield sign or traffic-control device atany location soasto require the traffic on any State highway, including Farm-to-Market or Ranch-to-Market roads, to stop oryield before entering orcrossing any intersecting highway unless such signs or devices are erected andmaintained 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 27ofarticle 6701d expressly prohibits the erection of stop signs at any location so as toreguire traffic to stop before entering orcrossing a state highway unless there has been anagreement with the State Highway Department pursuant.to article 667313.

SUMMARY
Section 31ofarticle 6701d, V.T.C.S., and the Texas Manual onUniform 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 themanual as todimensions, shape, color, placement, and under what conditions supplementary plates

3. Article 6673b provides:

The [State Highway and Public Transportation Commission] ishereby authorized and empowered, in its discretion, to enter into contracts or agreements with the governing bodies of incorporated cities, towns, andvillages, 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, andvillages, and determining and fixing the respective liabilities or responsibilities ofthe 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 oragreements with the [State Highway and Public Transportation Commission].

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shall beused. Subsection (b)of section 27 

### ofarticle 6701d, V.T.C.S., prohibits the erection ofastop sign atany location soas to require the traffic onany 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 /+ulyYo# ,

JIM MATTOX Attorney General ofTexas

MARYKELLER First Assistant Attorney General

LOUMCCREARY Executive~Assistant Attorney General

JUDGE ZOLLIE STEAKLEY Special Assistant Attorney General

RENEA HICKS Special Assistant Attorney General

RICK GILPIN Chairman, opinion Committee
Prepared byTom G.Davis Assistant Attorney General

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