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Mr. Massey tell me what happened before Trooper Gardner turned on his lights activating the Dash-Cam right up to the stop but before Trooper Gardner made verbal contact.
J. MASSEY: We were heading east on highway forty when we saw a do not pass sign, then we saw the loose gravel sign right there where the loose gravel sign is where we met trooper Gardner we were traveling in the same direction.
He pulled over to the side after he turned his lights on. Then I went out around him. I hadn't yet passed that forty mph speed limit sign. Trooper Gardner pulled back in the lane behind us and I pulled over and stopped.
Mr. Massey, do you recall a sign directly ahead of you?
J. MASSEY: Yes, another do not pass sign.
Mr. Massey, the sequential order of temporary traffic signage that you saw was a do not pass sign, then the loose gravel sign, the 40 mph sign and another do not pass sign?
J. MASSEY: Yes, that is correct.
I enter into evidence in the Court of world opinion, the Manual on Uniform Traffic Control Devices, MUTCD, Part 6 Temporary Traffic Control, Section 6C.03 Components of Temporary Traffic Control Zones. Most TTC zones are divided into four areas: the advance warning area, the transition area, the activity area, and the termination area.
Mr. Massey, based on your description of the signage, you describe being in the advance warning area. Section 6C.04 Advance Warning Area. The advance warning area is the section of highway where road users are informed about the upcoming work zone or incident area.
J. MASSEY: Yes, we knew we were coming to a construction zone.
Mr. Massey, what was the the posted speed limit on U.S. Highway Route 40 on September 2007?
J. MASSEY: Sixty-five miles per hour.
I would like to refer again to Manual on Uniform Traffic Control Devices, MUTCD, this time to Part 3 Markings, Section 3A.05 Widths and Patterns of Longitudinal Pavement Markings Section 3A.05 Widths and Patterns of Longitudinal Pavement Markings, Broken lines should consist of 10 foot line segments and 30 foot gaps, or dimensions in a similar ratio of line segments to gaps as appropriate for traffic speeds and need for delineation.
I would like to refer to Part 6, Temporary Traffic Control, Chapter 6C., Temporary Traffic Control Elements, Table 6C-1. Suggested Advance Warning Sign Spacing. Road Type. U.S. Highway, Route 40 is classified as a classification 70. Rural Highway—a type of roadway normally characterized by lower volumes, higher speeds, fewer turning conflicts, and less conflict with pedestrians.
Distance Between Signs in feet.
A dimension 500 feet or 12.5 line segments Do Not Pass
B dimension 500 feet or 12.5 line segments Loose Gravel
C dimension 500 feet or 12.5 line segments 40 MPH Speed Limit
Let us compare the Dash-Cam footage again. We notice, again, that there are 12.5 line segments or approximately 500 feet from B dimension Loose Gravel sign to the C dimension 40 MPH Speed Limit sign. We again, notice that there's 12.5 segments or 500 feet from B dimension Loose Gravel sign to the D dimension Do Not Pass sign. The exact Advance Warning Sign Spacing for a classified Rural Highway.
Table 6C-1. Suggested Advance Warning Sign Spacing Note: The third sign is the first one in a three-sign series encountered by a driver approaching a TTC zone. What this means is there are a total of four signs, two Do Not Pass, and one each, Loose Gravel and 40 MPH Speed Limit. Now we have to eliminate the Loose Gravel because it is not considered a Traffic Control sign.
Advance Warning Signing comes in three-sign series. In this case it would be Do Not Pass sign, 40 MPH Speed Limit and another Do Not Pass sign. In the case of a sign warning of "loose gravel," it would "replace the Do Not Pass and that sign would be moved to the next adjacent spacing, 500 feet or 12.5 line segments previous.
The conclusion is, in Jared and Lauren Massey, drove into the advance warning area section of U.S. Highway 40 where they were informed about the upcoming work zone by the first sign, Do Not Pass, of a three-sign series with a 40 MPH Speed Limit sign and another Do Not Pass sign with a Caution loose gravel sign intermixed.
The Joker in the deck is Section 6C.05 Transition Area clearly marked after the last Do Not Pass sign as evident in the introduction of road cones that was moved completely off the roadway. As a Option to the Advanced warning area Advance warning may be eliminated when the activity area is sufficiently removed from the road users' path so that it does not interfere with the normal flow.
It is obvious that the "activity area is sufficiently removed from the road users' path. Thus, it is now established that there was not a "previous" 40 MPH Speed Limit sign.
Age
51
Country
United States
JaredMasseyTaser
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