2 Colo. Code Regs. § 601-3-12.00

Current through Register Vol. 47, No. 11, June 10, 2024

Section 2 CCR 601-3-12.00 - CEVMS Advertising Devices

A. Authority. The Department has authority to control the brightness, intervals, spacing and location of CEVMS Advertising Devices along Controlled Routes for the purpose of ensuring safety to the travelling public. [23 USC § 131(c)(3) and (j); 23 C.F.R. § 750.705; § 43-1-404(1)(f), and § 43-1-415(1), C.R.S.]

B. Definitions

1. "CEVMS" or "Changeable Electronic Variable Message Sign" means a self-luminous advertising Sign which emits or projects any kind of light, color, or message change which ranges from static images to full motion video. This shall include "Variable Message Sign" which means an advertising Sign, display or device with moving parts whose message may be changed by electronic or by remote control or other process through the use of moving or intermittent light or lights. [43-1-404(1)(f)(I), C.R.S.]

2. "Footcandle" means a unit of Illuminance equivalent to the illumination produced by a source of one candle at a distance of one foot and equal to one lumen incident per square foot.

3. "Glare" means the sensation produced by Illuminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss of visual performance and visibility.

4. "Illuminance" means the amount of light that is intercepted by an object that is a distance away from the Sign measured in Footcandles. That is, the lighted Sign face illuminates objects that are away from it, and the lighting level produced by the Sign on a particular object is measured in Footcandles.

5. "Luminance" means the photometric measure of the luminous intensity per unit area of light travelling in a given direction. It describes the amount of light that passes through or is emitted from a particular area, and falls within a given solid angle. The unit for luminance is candela per square meter (cd/m2), also known as "nit".

6. "Message" means anything displayed on a Sign, including copy, art and graphics.

7. "Multiple Message Sign" (also known as tri-vision Signs) means an outdoor advertising Sign, display or device whose message is on triangular louvered facings and are changed by electronic or other rotation of the louvers.

8. "NIT" means a unit of visible-light intensity equal to one candle per square meter, measured perpendicular to the rays of the source.

9. Repealed.

10. "Segmented Message" means any message or distinct subunit of a message presented by means of at least one display change on a variable message Sign.

11. "Traveling Message" means a message which moves or appears to move across any Advertising Device.

C. General Requirements

1. The CEVMS shall comply with all applicable federal, state, and local laws, rules and regulations.

2. Location

a. No CEVMS may be placed within 1,000 feet of another CEVMS on the same side of a highway and facing the same direction of travel. [§ 43-1-404(1)(f)(I), C.R.S.]

b. A CEVMS shall not prevent the driver of a vehicle from having a clear and unobstructed view of official signs and approaching or merging traffic.

c. A CEVMS shall not interfere with or direct, or attempt to direct, the movement of traffic, or resemble or simulate any warning or danger signal, or any official traffic control device, or contain wording, color, shapes or likenesses of official traffic control devices;

d. A CEVMS shall not be maintained upon trees or rocks or other natural features.

3. Mechanics

a. A CEVMS shall not move or have any animated or moving parts.

b. A CEVMS shall not contain, incorporate or use any inter-active component or medium, and shall not interact with drivers or interfaces with cell phones or any other electronic device.

c. A CEVMS shall not incorporate, use or emit any sound or noise or any electronic signals capable of being detected or emit any smoke, scent or odors.

4. Operations

a. CEVMS Advertising Devices found to be brighter than necessary for adequate visibility shall be adjusted by the person owning or controlling the Sign to conform to the requirements of state and federal laws and these Rules.

b. CEVMS must:

(1) Use sufficient safeguards to prevent unauthorized access, use or hacking of CEVMS and related technology, including infrastructure, hardware, software and networks, by unauthorized users;

(2) Include the ability to be held on a static image in the event a malfunction occurs that violates these Rules;

(3) Not contain animation, flashing, scrolling or travelling messages, or intermittent or full-motion video;

(4) Not change intensity or expose its message for less than 4 seconds.

(5) Have a transition interval of less than 1 second.

(6) The Permit holder is responsible for any changes, alterations or modifications to the display of the CEVMS made by an unauthorized user.

5. Operational Requirements Specific to CEVMS Advertising Devices

a. General Requirements.

(1) A CEVMS must include the ability to automatically or technologically modify displays and lighting levels where directed by the Department to assure safety of the motoring public.

(2) The Permit holder, Sign owner or third party must have the ability to repair and monitor the brightness.

(3) A CEVMS shall be capable of being remotely monitored to ensure conformance with these Rules and state and federal laws.

b. Brightness.

(1) A CEVMS shall adhere to the brightness standards set forth herein.

(2) CEVMS shall not exceed three-tenths (0.3) Footcandles over ambient light as measured by the distance to the Sign set forth below with a Footcandle or Illuminance meter that can measure to the 100th of a Footcandle.

(3) The measurement shall be conducted at least 30 minutes after sunset or 30 minutes before sunrise.

(4) If the Footcandle reading exceeds the 0.3 Footcandles, then the nighttime luminance which shall not exceed 300 NIT (candelas per square meter) which may be measured with a nit gun or luminance meter that can read to the accuracy of 5 nits.

(5) Any measurements required pursuant to this subsection shall be taken from a point within the highway right-of-way at a safe distance outside of the Main Traveled Way and as close to perpendicular to the face of the changeable message Sign as practical.

(6) If a perpendicular measurement is not practical, a measurement shall be taken at an angle up to ten degrees (10 degrees) offset from the perpendicular center point of the Sign face.

(7) Upon request, the Sign owner shall provide written certification from the Sign manufacturer that the light intensity has been factory pre-set not to exceed 0.3 Footcandles above ambient light as measured from the appropriate distance (see chart in Section 12.C.5.10) and the Sign is equipped with automatic dimming technology.

(8) The CEVMS shall not be of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or to otherwise interfere with any driver's operation of a motor vehicle.

(9) The CEVMS shall have the capability of adjusting brightness level in response to changes in ambient light levels so the Signs are not unreasonably bright for the safety of the motoring public.

(10) A CEVMS shall use automatic dimming technology to adjust the brightness of the Sign relative to ambient light so that at no time shall a Sign exceed a brightness level of three tenths (0.3) Footcandles above ambient light, as measured using a Footcandle meter and in conformance with the following distance table:

Brightness / Illuminance Measurements shall be taken as follows:

CEVMS Sign Illuminance Measurement Distance
Sign Area (square feet)	Distance of Measurement (feet from Sign)
700 - 1200	350
300 - 699	250
200 - 299	150
150 - 199	135
100 - 149	110
50 - 99	90
25 - 49	55
0 - 24	45

D. Conversion from a Static Advertising Device to a CEVMS

1. A Nonconforming Sign shall not be converted to a CEVMS.

2. An existing permitted static outdoor Advertising Device may be converted to a CEVMS, provided the existing Sign:

a. Has been approved by the local government, if applicable, and the state prior to conversion;

b. Was legally erected;

c. Has had all permit fees timely paid; and

d. Is in compliance with these Rules and with federal, state and local laws.

3. The conversion of a static outdoor Advertising Device to a CEVMS must be completed within 1 year of CDOT's written approval of the CEVMS Conversion. The Applicant must reapply if not completed within 1 year.

4. Site Review. The Department may conduct a site review and inspection prior to permitting a conversion to CEVMS to ensure that the description, location, and other information contained in the application for conversion is in compliance with these Rules.

5. Compliance Grace Period. Any CEVMS permitted prior to the effective date of these Rules shall conform with the requirements of these Rules within 180 days of the effective date of the Rules or such CEVMS shall be deemed illegal and non-compensable and subject to removal by the Department at the expense of the Sign owner.

6. Appeal Regarding a CEVMS. In the event of an appeal, a CEVMS must be maintained in a static blank Sign display until the appeal is resolved.

2 CCR 601-3-12.00

38 CR 02, January 25, 2015, effective 2/14/2015

44 CR 21, November 10, 2021, effective 11/30/2021