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Research Review Of Potential Safety Effects Of Electronic Billboards On Driver Attention And Distraction

Appendix B: Outdoor Advertising: Standard Definition

Most states define the term "sign" using the following standard definition. States will vary specific wording, but this definition reflects the concept most states use.

"Sign" means any outdoor advertising sign, display, device, notice, figure, painting, drawing, message, placard, poster, billboard or other thing which is designed, intended or used to advertise or inform any part of the advertising or informative contents of which is visible from any place on the main-traveled way or any portion of an interstate highway or primary highway."

Definition exceptions:

Some states use the term "outdoor advertising device."

California adds "light or other thing."

Colorado adds "or other contrivance."

Florida - sign includes "any combination of structure and message."

Idaho adds "light device."

Massachusetts adds "whether fixed or movable."

As was noted in the literature review, few states define the term "electronic billboard." However, the definition above, with the catchall phrase "or other thing" appears broad enough to include electronic billboards in the standard definition of the term "sign."

Statutory Prohibitions:

The following list summarizes the statutory prohibitions identified during the review of state statutes and regulations. These prohibitions appear to apply to the standard "sign" as defined above, and are not directly targeted towards electronic billboards.

• Moving Parts/Animation: Eleven states prohibit moving or animated parts in signs, unless the signs are a public service announcement. A few states make an exception for movement related to the changing of a sign.
• Red/Flashing Lights: Thirty-six states prohibit signs that include a red, flashing, intermittent, or moving light, unless it is a public service display.
• Glare: Thirty-six states prohibit signs that are not sufficiently shielded to prevent beams or rays of light from causing a glare or vision impairment that affects driver vision.
• Interfering with Traffic Control Devices: Fifteen states include language prohibiting the placement of signs that obscure or interfere with TCDs. Twenty-nine states include language that prohibits signs that are illuminated in such a way as to obscure or interfere with TCDs.
• Timing Limit: Twelve states include some type of timing limit for the viewing of signs. Of these, only eight apply to EBBs or other types of signs with changing messages.
• Sign spacing: Twenty-nine states include spacing requirements for location of signs on interstate or primary highway systems. Twenty-one include similar limits on sign spacing along other state highways. Twenty-two include limits on the spacing of directional signs along interstate or primary highway systems.
• Language Usage: A number of states prohibit the use of wording that implies a traffic control or highway emergency (for example, use of the word "Stop"). Several states also prohibit the use of TCD signs or symbols (such as the eight-sided stop sign) in signs.

Potential Issues:

Based on this review of state statutes, the following are issues that embody the statutory and regulatory prohibitions adopted by states for conventional signs, and that may pertain to EBBs:

• Red, flashing, intermittent or moving lights,
• Glare,
• Use of TCD symbols and words,
• Illuminated or placement interfering with a TCD,
• Spacing, and
• Timing Limits.

Of the potential issues, timing limits may be the one issue where additional or expanded research would have the most significant benefit. The results of the state statutory review are shown in Appendix C.

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