DIGITAL SIGNS IN MONTANA The Montana Experience

Billlings Gazette (April 29, 2008) Proposed billboard restraint gets flak By ED KEMMICK Of The Gazette Staff Opponents of a rule change that would prohibit electronic billboards on state roads outnumbered proponents 4-1 at a hearing Monday night in Billings. The hearing before the state Transportation Commission at the Billings Hotel and Convention Center attracted about 20 people, 13 of whom spoke against the proposed ban and three of whom spoke in favor of it. The five members of the Transportation Commission did not actually attend the hearing, which followed similar hearings last week in Missoula and Helena. The tape-recorded hearing was conducted by two state attorneys who will prepare a report on all three hearings and present it to the commission.

BEFORE THE TRANSPORTATION COMMISSION OF THE STATE OF MONTANA In the matter of the amendment of ARM 18.6.202 and 18.6.232 pertaining to electronic billboards) TO: All Concerned Persons 1. On March 27, 2008 the Transportation Commission published MAR Notice No. 18-118 pertaining to the public hearings on the proposed amendment of the above-stated rules at page 523 of the 2008 Montana Administrative Register, Issue Number 6. 2. On April 21, 22, and 28, 2008, the commission held public hearings to consider the proposed amendment of the above-stated rules. Comments were received at the hearing, and written comments were received before the comment deadline. 3. The commission has amended the above-stated rules as proposed. 4. The commission considered the comments at its regularly scheduled meeting on June 26, 2008. During the meeting the following statement was adopted by the commission:

COMMENTS IN SUPPORT OF BAN COMMENT NO. 1: Twenty-six comments were received expressing general support for prohibition of electronic billboards (EBBs) on state roads. RESPONSE: The commission appreciates the comments. It should be noted that the commission's authority to control outdoor advertising only extends to the interstate highways and primary highways. The proposed amendments do not apply to all "state roads" nor do the proposed amendments apply on the Indian reservations. The department should make an effort to work with the tribes on outdoor advertising regulation on the reservations. COMMENT NO. 2: Seventy-five comments were received stating EBBs would be a distraction for drivers and may cause accidents, therefore EBBs are a safety issue. Studies have shown that crashes are caused by distractions to drivers, and EBBs are designed to take a driver's attention from the road. RESPONSE: The commission recognizes that there are numerous studies that have been directed at the issue of safety related to the possible driver distractions caused by EBBs. However, the commission also recognizes that there is no consensus in the studies as to whether there is a cause and effect relationship between EBBs and crashes. Certainly, there is nothing that approaches a scientific certainty on this issue.

COMMENTS OPPOSED TO BAN COMMENT NO. 24: There were 115 comments received, which related to the issue of the alleged impacts upon business or the economy, if the proposed action were taken. Essentially, the comments were to the effect that businesses (especially small businesses) need advertising in order to stay competitive, and that the proposed amendment would eliminate a possible medium for such advertising. Because of this, according to the comments, businesses could be put at an economic disadvantage. RESPONSE: The commission recognizes that advertising is an important business practice. However, the commission also notes that there are existing media that provide advertising options other than allowing EBBs. Also, see Response to Comment No. 22. COMMENT NO. 25: There were 32 comments received to the effect that roadside signs are an aid to travelers, especially those travelers seeking accommodations, such as lodging, restaurants, and service stations. The comments stated that EBBs would increase the number of messages that could be displayed to the public, and thereby help the public find the type of services they were seeking. RESPONSE: The commission acknowledges the benefits to travelers of roadside signage. The existing TODS and LOGO sign programs, as well as other existing opportunities including OAC, provide this service now and have provided service for nearly 20 years. The commission also notes these advertising media were legislatively enacted, and believes that if EBB advertising is to be introduced, it should be legislatively enacted as well.

MONT. ADMIN. R. SEC. 18.6.202 DEFINITIONS (2) "Commercial variable message signs (CVMS)" means signs other than electronic billboards which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights, producing the illusion of movement by means of electrical or electro-mechanical input and/or the characteristics of one or more of the following classifications: (a) flashing signs are animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as, more than, or less than the period of no illumination; (b) patterned illusionary movement signs are animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion; (c) environmentally activated signs are animated signs or devices motivated by wind, thermal changes or other natural environmental input, including spinners, pinwheels, pennant strings, reflective disks, rotating slats, glow cubes and/or other devices or displays that respond to naturally occurring external motivation to include light-sensitive devices; (d) mechanically activated signs are animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.

MONT. ADMIN. R. SEC. 18.6.202 DEFINITIONS (5) "Electronic billboard (EBB)" means electronic signs on which messages may be changed on-site or remotely through hard wire or wireless communications and which have the capability to present any amount of text or symbolic imagery. The term includes, but is not limited to, "digital" signs, and "light emitting diode (LED)" signs. The term does not include commercial variable message signs.

MONT. ADMIN. R. SEC. 18.6.232 PROHIBITED SIGNS 18.6.232 PROHIBITED SIGNS (1) The following types of off-premise commercial signs, regardless of the message, are prohibited in controlled areas: (a) commercial variable message signs (CVMS); and (b) electronic billboards (EBB). (History: 75-15-121, MCA; IMP, 75-15-111, 75-15-113, MCA; NEW, 2005 MAR p. 89, Eff. 1/14/05; AMD, 2008 MAR p. 1458, Eff. 7/18/08.)