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Courts have held public agencies liable for personal injuries resulting from faulty design. Because speed bumps have considerable potential for liability suits, many officials have rejected them as a standard traffic control device on public streets.
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The speed bump is an increased hazard to the unwary, a challenge to the daredevil, a disruption of the movement of emergency vehicles, and the cause of an undesirable increase in noise.
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State law requires traffic control devices, including those signs and pavement markings on private property where the public is invited, to meet state standards adopted by the Florida Department of Transportation. Florida Statutes, Section 316.0747, state: "It is unlawful for any non-governmental entity to use any traffic control device at any place where the general public is invited, unless such device conforms to the uniform system of traffic control devices adopted by the Department of Transportation pursuant to this chapter."
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Sign Installation: In business, commercial, or residential districts where parking and/or pedestrian movement is likely, the clearance to the bottom of a sign shall be at least 7' above the edge of the pavement. In rural areas, the clearance to the bottom of a sign shall be at least 5' above the edge of the pavement (Sec. 2A-18).
Lateral clearance for regulatory and warning signs or small directional signs should be 6'-12' from the edge of the pavement or traveled way in rural areas. In urban areas, signs generally are mounted alongside the roadway in the space between the curb and the sidewalk. Although 2' is recommended as a working urban minimum, a clearance of 1' from the curb face is permissible where a sidewalk width is limited (Sec. 2A-19).
In addition, tests of various experimental designs have demonstrated the physical inability of a speed bump to successfully control all types of light-weight and heavy-weight vehicles. The drive of a soft sprung sedan is actually encouraged to increase speed for a better ride over a bump that may cause other motorists to lose control.
So, if you are waiting for a green light to cross the coordinated street where there are protected left-turn arrows and there is very light traffic on the side street, chances are good that you will feel like you are waiting for a long time, even though you should rarely have to wait any longer than about two minutes.
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When traffic control signals are not in place or in operation, the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that is impossible for the driver to yield. Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway. Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk. No pedestrian shall, except in a marked crosswalk, cross a roadway at any other place than by a route at right angles to the curb or by the shortest route to the opposite curb. Pedestrians shall move, whenever practicable, upon the right half of crosswalks. No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic control devices, and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic control devices pertaining to such crossing movements. Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.
Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.
This question is answered by Florida Statute 316.1235, Vehicle approaching intersection in which traffic lights are inoperative. The driver of a vehicle approaching an intersection in which the traffic lights are inoperative shall stop in the manner indicated in s. 316.123(2) for approaching a stop intersection. In the event that only some of the traffic lights within an intersection are inoperative, the driver of a vehicle approaching an inoperative light shall stop in the above-prescribed manner. A violation of this section is a non-criminal traffic infraction, punishable as a moving violation as provided in Chapter 318. (Changed by L. 1999 chapter 248 (120). Eff. 6/8/99)
Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway. Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk. No pedestrian shall, except in a marked crosswalk, cross a roadway at any other place than by a route at right angles to the curb or by the shortest route to the opposite curb. Pedestrians shall move, whenever practicable, upon the right half of crosswalks. No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic control devices, and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic control devices pertaining to such crossing movements. Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.
The Manual on Uniform Traffic Control Devices (MUTCD), published by the U.S. Department of Transportation, is the national standard for traffic control devices. The Florida Department of Transportation has adopted the MUTCD as the State standard, by Rule 14-15.010.