Specific Legal Statutes Relating to this Case Alleged Violation UTAH CODE 72-6-114. Restricting use of or closing highway -- Penalty for failure to observe barricade, warning light, etc. (1) A highway authority may close or restrict travel on a highway under their jurisdiction due to construction, maintenance work, or emergency. (2) If a highway or portion of a highway is closed or restricted to travel, a highway authority shall cause suitable barriers and notices to be posted and maintained in accordance with Section 41-6a-301. (3) A person who willfully fails to observe any barricade, warning light, sign, or flagman, used in accordance with this section, is guilty of a class B misdemeanor. Clarification on Section 41-6a-301 UTAH CODE 41-6a-301. Standards and specifications for uniform system of traffic-control devices and school crossing guards. (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Department of Transportation shall make rules consistent with this chapter adopting standards and establishing specifications for a uniform system of traffic-control devices used on a highway. (2) The standards and specifications adopted under Subsection (1) shall: (a) include provisions for school crossing zones and use of school crossing guards; and (b) correlate with, and where possible conform to, the system set forth in the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways" and other standards issued or endorsed by the federal highway administrator. Guidelines from the Manual on Uniform Traffic Control Devices for Streets and Highways Pertaining to Violation Section 6F.08 ROAD (STREET) CLOSED Sign (R11-2) Guidance: 01 The ROAD (STREET) CLOSED (R11-2) sign (see Figure 6F-3) should be used when the roadway is closed to all road users except contractors equipment or officially authorized vehicles. The R11-2 sign should be accompanied by appropriate warning and detour signing. Option: 02 The words BRIDGE OUT (or BRIDGE CLOSED) may be substituted for ROAD (STREET) CLOSED where applicable. Guidance: 03 The ROAD (STREET) CLOSED sign should be installed at or near the center of the roadway on or above a Type 3 Barricade that closes the roadway (see Section 6F.68). Standard: 04 The ROAD (STREET) CLOSED sign shall not be used where road user flow is maintained through the TTC zone with a reduced number of lanes on the existing roadway or where the actual closure is some distance beyond the sign.
Section 6F.68 Type 1, 2, or 3 Barricades Guidance: 18 Type 2 or Type 3 Barricades should be used on freeways and expressways or other high-speed roadways. Type 3 Barricades should be used to close or partially close a road.
Incident Description On 5 June 2011, at approximately 7:40 in the morning, I entered the left hand turn lane at the intersection of 1300 East and I-80 to enter the interstate in the east bound direction. I noticed there were several orange drums along the entrance to the onramp; however, the left lane of the onramp was open and not barricaded by construction drums. The right line was barricaded by the orange drums (which impeded the flow of traffic), which led me to believe that the right line (as well as the left shoulder) was closed. I slowed down for a moment to make sure I wasn t entering a closed road; however, the lack of drums blocking the lane I was in, the lack of visible roadwork of the lane I was in, the ability to enter the interstate unheeded at the end of the onramp, the lack of a road closed sign, the lack of a no left turn sign on 1300 East, and the lack of drums blocking the turn lanes on to the onramp (on 1300 East) led me to believe that the left lane of the onramp was open. I was the only vehicle at the stop light at the time, which further prevented me from judging whether or not the ramp was open from other traffic. A few minutes later, Officer Nolan Kerr s UHP vehicle was behind me, with his lights on. Because he did not beep me at first, I believed he was not responding to any violation on my part. After he beeped his siren at me, I turned on my right turn signal, but waited to pull over until the 2300 East exit, due to the clearly marked construction along the right two lanes of the interstate. Officer Kerr asked me for my license, insurance, and registration, which I immediately provided to him. He also asked me about the fact that I had a Utah driver s license and Illinois license plates on my vehicle; I responded that this was because the university I attend for graduate school requires me to have a Utah license for residency, but the vehicle is still registered to my father in Illinois. He also inquired to which university I was attending, which I also answered. Officer Kerr informed me of my violation, which was driving on a closed road. I informed him that I believed the road to be open, but he continued to persist about the orange construction drums blocking the other lanes, which meant the entire onramp was closed. Officer Kerr also asked me why I didn t pull over immediately when he beeped at me, and I responded that I was waiting for an opportunity to not to pull into the clearly marked construction lanes (for safety purposes). Officer Kerr issued me a citation and told me to schedule a court date, and returned to duty, re-entering the interstate. He also informed me that he would take photographs of the onramp closure. I continued on the 2300 East onramp, and returned to the 1300 East onramp to take photographs immediately, as I knew these would be essential in proving my innocence. I parked in the Red Lobster parking lot near the onramp in question, and walked to the intersection to take photographs. While taking the photographs, I noticed another vehicle that entered the left lane of the onramp as well. I was able to photograph this vehicle entering the onramp using the same lane I had used. Clearly this closure was ambiguous if another driver used this onramp, believing it was open. It is possible that additional drivers besides the one I photographed used this onramp as well. This could easily be reviewed because the intersection is equipped with traffic cameras.
Figure 1. There are no construction drums blocking the left turn lanes on to the eastbound onramp. Cones along the right side of the road were placed during the citation; they mark freshly painted stripes on the road. Photo taken at 8:15 AM 5 June 2011. Note the overhead map was taken before the eastbound onramp was widened to two lanes, along with the two left turn lanes on 1300 East.
Figure 2. View of closed onramp in question. Note the different spacing between the two left cones and the three right cones. Figure 3 offers a better vantage point with lane markups. Photo taken at 8:16 AM 5 June 2011.
Figure 3. Photograph of closed onramp, with additional markers denoting the lane lines. As shown by this figure, the left lane on the onramp was not impeded by the construction drums. Photo taken at 8:17 AM 5 June 2011.
Figure 4. Photograph of another driver believing the onramp to be open. Driver in photo made left hand turn off of 1300 East, correcting his/her turn to enter the unimpeded lane after pausing to figure out if the onramp was open or not. Photo taken at 8:17 AM 5 June 2011.
Figure 5. Photograph of I-80 and 1300 East intersection, showing the lack of a no left turn sign and construction drums blocking access to the turn lane. Photo taken at 8:18 AM 5 June 2011.
Figure 5. Photograph of the end of the closed onramp, showing that a driver could enter the interstate, unhindered by road debris, construction, or barricades. Photo taken at 8:20 AM 5 June 2011.
Figure 6. Zoomed in photograph at end of closed onramp. Photo taken at 8:21 AM 5 June 2011.
Figure 7. Photograph of intersection of 1300 East and I-80 taken from the median on 1300 East. Note the lack of construction drums blocking access to the left turn lanes, as well as the lack of a no left turn sign. Photo taken at 8:22 AM 5 June 2011.
From the Utah Drivers Manual (Pages 21-22) Construction Signs There are three types of barricades. Those with one or two bars indicate a hazard in the road and will indicate the direction you should go to avoid the hazard. Barricades with three bars (as shown in the illustration on top of next page) indicate the road is closed and the stripes indicate the direction you should go. (If the stripes slant down to the right, go to the right If the stripes slant to the left, go to the left )