The WBMA has found commonly used work zone traffic control barriers manufactured by Energy Absorption Systems and Trinity Industries are not in compliance with MUTCD guidelines, creating a liability for the users of these devices.
In researching the regulations pertaining to branding traffic control devices for one of its members, the Water Barrier Manufacturers Association has found that branding is not allowed on work zone devices. Manufacturers branding their products are not compliant with MUTCD regulations, creating a liability issue for contractors utilizing these devices for work zone safety.
According to Mark Kehrli, Director, Office of Transportation Operations with the FHWA, paragraphs 15 and 16 in Section 6F.63 of the 2009 MUTCD, specifically paragraph 15 does not allow the manufacturers name to be displayed on traffic control devices, unless the manufacturer is also the supplier and owner of the devices. See the official interpretation number and title 6(09)-11 (I) – “Use of Manufacturers Names and Company Logos on Channelizing Devices”, dated January 3, 2012.
This issue is a conflict for those manufacturers that would like to brand their products but stay in compliance with MUTCD regulations. In an effort to level the playing field, The Water Barrier Manufacturers’ Association plans to petition the FHWA on behalf of all water filled barrier manufacturers to allow the embossing of the manufacturers information on the face of channelizing devices. If the markings are located where there will be no reflective tape, the name and company logo will be nearly invisible to a passing motorist. Until this can be accomplished, the Triton and Yodock devices will continue to be non-compliant and a potential liability to contractors.