To create a definition of "traffic engineering" and enumerate a list of tasks which are required to be completed under the responsible charge of a licensed professional engineer.

Notice of Proposed Rule

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Professional Engineers

RULE NO.:RULE TITLE:

61G15-18.011 Definitions.

PURPOSE AND EFFECT: To create a definition of “traffic engineering” and enumerate a list of tasks which are required to be completed under the responsible charge of a licensed professional engineer.

SUMMARY: Create definition of “traffic engineering” and enumerate list of tasks which are required to be completed under the responsible charge of a licensed professional engineer.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST AND LEGISLATIVE RATIFICATION: The proposed rule language defines the term "traffic engineering" and then enumerates a list of traffic engineering tasks which the Board finds must be completed under the responsible charge of a licensed professional engineer (PE). The Board found that many of these tasks may currently be performed by unlicensed individuals, including planners, contractors, engineers without a PE license, and persons working for planning firms and work zone employers.

The SERC found the rule would not be likely to have an adverse impact on economic growth, private sector job creation or employment, or private sector investment, or on business competitiveness, including the ability of persons in the state to compete with persons doing business in other states or domestic markets, in excess of $1 million in the aggregate within 5 years after implementation. The SERC found the rule would not be likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after implementation of the rule, and that there will be a minimal cost impact on the department and other state and local government entities implementing and enforcing the rule.

The SERC found there will be an impact on small business and on small counties and cities. The rule will result in a number of tasks which are likely currently being performed by unlicensed individuals having to be performed by, or under the responsible charge of, a Florida licensed Professional Engineer. The SERC estimates the cost differential between unlicensed personnel could be up to $2400 per year for less than 100 small businesses subject to the rule. No person or interested party submitted additional information regarding the economic impact of the rule at any time. Based on the information contained in the SERC, the Board found the rule amendments will not require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 471.008, 471.013(1)(a)1., 2. FS.

LAW IMPLEMENTED: 471.003(2)(f), 471.005(7), 471.005(6), 471.013(1)(a)1., 2., 471.023(1), 471.025(3), 471.033(1)(j) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:  Zana Raybon, Executive Director, Board of Professional Engineers, 2639 North Monroe Street, Suite B-112, Tallahassee, FL 32303, [phone]

 

THE TEXT OF THE PROPOSED RULE IS:

 

61G15-18.011 Definitions.

As used in Chapter 471, F.S., and in these rules where the context will permit the following terms have the following meanings:

(1) through (5) No change.

(6) The term “traffic engineering” involves the use of engineering principles and methodologies to carry out operational analyses of land transportation facilities serving pedestrian, bicycle and vehicular transit.

Traffic engineering also includes the completion of detailed roadway, intersection and parking lot designs, including the selection and implementation of all traffic control devices.  In addition, traffic engineering includes the development and application of engineering standards to be used in the evaluation or design of ground transportation facilities. The following list of traffic engineering tasks shall be completed under the responsible charge of a licensed professional engineer. All resulting reports, construction drawings and plans shall be signed and sealed by the engineer in responsible charge.

(a) Operational Analysis or Design Analysis which rely on actual, site-specific roadway, intersection or traffic signal data (such as hourly traffic volumes, peak hour factors, truck percentages, g/c ratios and signal phasing) shall be done by or completed under the direction of a professional engineer. This includes all traffic engineering simulation programs and any roadway or intersection analysis other than those conducted at the planning level. The Highway Capacity Manual provides detailed descriptions of Operational Analysis, Design Analysis and Planning Analysis for various transportation facilities. Planning Analysis differs from Operational Analysis and Design Analysis in that it incorporates estimated or default input values into the analysis in order to determine facility operation for a future time horizon.

(b) Detailed design that involves the preparation of scaled construction drawings or maintenance plans, including temporary maintenance of traffic.

(c) The development of traffic engineering designs that contain specific numerical requirements that can only be evaluated through an engineering analysis.

(d) Any roadway or intersection operational analysis, including capacity and level of service analyses, other than those conducted at the planning level.

(e) The calculation of queue lengths or the determination of turn lane lengths, other than those determined during the planning stage.

(f) The application or interpretation of engineering standards and documents, including the latest edition of: The FHWA’s Manual on Uniform Traffic Control Devices (MUTCD), AASHTO’s Geometric Design of Highways and Streets (aka AASHTO Green Book), AASHTO’s Roadside Design Guide, AASHTO’s Roadway Lighting Design Guide, FDOT’s Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (aka Florida Green Book), FDOT’s Intersection Design Guide, FDOT’s Traffic Engineering Manual, FDOT’s Manual on Uniform Traffic Studies, and FDOT’s Design Standards.

(g) Any warrant evaluation that includes: traffic signal warrants, all-way stop control warrants, and turn lane warrants.

(h) The use of site-specific traffic signal timings and any task that results in traffic signal timing or phasing recommendations.

(i) Traffic signal design or timing.

(j) Sight distance calculations and analysis.

(k) No passing zone analysis or design.

(l) Roadway signing or pavement marking design for both public and private roadways.

(m) Work zone traffic control design; including the modification of any previously-developed work zone traffic control plans and the application of standard FDOT drawings to specific sites.

(n) The preparation of construction drawings, including the dimensions and specifications for traffic calming modifications to any roadway open to public travel. Also included is any speed study, road closure study, intersection analysis or other traffic operational analysis used to support a traffic calming recommendation.

(o) Access management tasks involving deviations from established criteria and standards. Variations from the established standards for driveway location, median opening location and type (full vs. directional) or traffic signal spacing shall be based on a detailed traffic operational analysis.

(p) Roadway lighting analysis and design, including light level computations and lighting justification reports.

(q) Review of equipment submittals for all design listed in this rule.

(r) Detailed design of both public and private parking facilities.

Rulemaking Authority 471.008, 471.013(1)(a)1., 2. FS. Law Implemented 471.003(2)(f), 471.005(7), 471.005(6), 471.013(1)(a)1., 2., 471.023(1), 471.025(3), 471.033(1)(j) FS. History–New 6-23-80, Amended 12-19-82, 11-22-83, Formerly 21H-18.11, Amended 1-16-91, 4-4-93, Formerly 21H-18.011, Amended 12-22-99, 4-19-01, 10-16-02, 9-15-04, 6-5-08, 6-2-09, 2-2-12,            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Professional Engineers

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Professional Engineers

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 12, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 28, 2015