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3 <br />This Guidance does not prohibit States from adopting more restrictive requirements for <br />permitting CEVMS to the extent those requirements are not inconsistent with the HBA, <br />Federal regulations, and existing FSAs. Similarly, Divisions are not required to concur with <br />State proposed regulations, policies, and procedures if the Division review determines, based <br />upon all relevant information, that the proposed regulations, policies and procedures are not <br />consistent with the FSA or do not include adequate standards to address the safety of the <br />motoring public. If the Division Office has any question that the FSA is being fully <br />complied with, this should be discussed with the State and a process to change the FSA may <br />be considered and completed before such CEVMS may be allowed on HBA controlled <br />routes. The Office of Real Estate Services is available to discuss this process with the <br />Division, if requested. <br />If the Division accepts the State's assertions that their FSA permits CEVMS, in reviewing <br />State -proposed regulations, policy and procedures for acceptability, Divisions should <br />consider all relevant information, including but not limited to duration of message, transition <br />time, brightness, spacing, and location, to ensure that they are consistent with their FSA and <br />that there are adequate standards to address safety for the motoring public. Divisions should <br />also confirm that the State provided for appropriate public input, consistent with applicable <br />State law and requirements, in its interpretation of the terms of their FSA as allowing <br />CEVMS in accordance with their proposed regulations, policies, and procedures. <br />Based upon contacts with all Divisions, we have identified certain ranges of acceptability that <br />have been adopted in those States that do allow CEVMS that will be useful in reviewing <br />State proposals on this topic. Available information indicates that State regulations, policy <br />and procedures that have been approved by Divisions to date, contain some or all of the <br />following standards: <br />• Duration of Message <br />o Duration of each display is generally between 4 and 10 seconds — 8 seconds is <br />recommended. <br />• Transition Time <br />o Transition between messages is generally between 1 and 4 seconds — 1-2 <br />seconds is recommended. <br />• Brightness <br />o Adjust brightness in response to changes in light levels so that the signs are <br />not unreasonably bright for the safety of the motoring public. <br />• Spacing <br />o Spacing between such signs not less than minimum spacing requirements for <br />signs under the FSA, or greater if determined appropriate to ensure the safety <br />of the motoring public. <br />• Locations <br />o Locations where allowed for signs under the FSA except such locations where <br />determined inappropriate to ensure safety of the motoring public. <br />