Introduction to Sign Retroreflectivity
Sign Management and Tort Liability
The FHWA believes that the selection of a reasonable method for maintaining sign retroreflectivity (Assessment Method or Management Method) might serve to defend highway agencies in tort liability claims and litigation. Public agencies that implement and follow a reasonable method in conformance with the national MUTCD would be in a better position to successfully defend tort litigation involving claims of improper sign retroreflectivity than jurisdictions that lack any method.
In addition, once an agency implements an Assessment or Management Method, they would be in compliance with the language in the MUTCD even if some individual signs do not meet the minimum retroreflectivity levels at a point in time. The minimum levels of retroreflectivity (Table 2A-3 in the MUTCD) does not imply that an agency needs to measure the retroreflectivity of every sign in its jurisdiction. Instead, agencies must implement methods designed to provide options on how to maintain the minimum retroreflectivity levels, using the criteria in Table 2A–3.