Can a person be cited if a traffic control device is not properly positioned or legible?

Can a person be cited if a traffic control device is not properly positioned or legible?

• A. Yes, they can be cited regardless
• B. No, proper visibility is required for citation
• C. Only if an accident occurs
• D. No, but a warning may be issued

Answer: (B)

The assertion that proper visibility is required for citation aligns with the principles of traffic law and the enforcement of traffic control devices. For a citation to be valid, the traffic control device must be clear and properly positioned to inform drivers of the laws and regulations they are expected to follow. If a driver cannot adequately see or interprets a traffic control device due to its illegibility or poor positioning, it undermines the premise that the driver was adequately informed of their legal obligations. Therefore, while a traffic violation may have occurred in spirit, the inability to properly discern the device creates a scenario where the driver may have a legitimate defense against a citation. It's generally accepted that enforcement must rely on the clear communication of the rules to the driver; without this clarity, issuing a citation would be inappropriate since due notice of the law was not given.

The assertion that proper visibility is required for citation aligns with the principles of traffic law and the enforcement of traffic control devices. For a citation to be valid, the traffic control device must be clear and properly positioned to inform drivers of the laws and regulations they are expected to follow. If a driver cannot adequately see or interprets a traffic control device due to its illegibility or poor positioning, it undermines the premise that the driver was adequately informed of their legal obligations.

Therefore, while a traffic violation may have occurred in spirit, the inability to properly discern the device creates a scenario where the driver may have a legitimate defense against a citation. It's generally accepted that enforcement must rely on the clear communication of the rules to the driver; without this clarity, issuing a citation would be inappropriate since due notice of the law was not given.