David Wolfson
EF5
It's not a law, but rather punitive guidance to states, which must make the laws to enforce the regulations. Likely, states will quickly incorporate the regulation by reference into their highway codes, since "move over or slow down" legislation is popular now, as discussed in another thread. While obviously intended to apply to work zones and a limited definition of "worker", one can easily imagine a state's implementing legislation being written and/or interpreted in the field to apply to chasers and spotters.
Per the FHWA in the FAPG, 23 CFR 470A :
Each state and Metropolitan Planning Organization (for urban areas) maintains its own functional classification system that is supposed to dovetail with the federal-aid classification system. Since Kansas was mentioned, see for example http://www.ksdot.org/burTransPlan/maps/GISMaps/Funclass806.pdf. Any road on this map not colored yellow (are there any?) is a federal-aid highway, i.e. most of the state numbered highways in addition to US and interstate.
Highway right-of-way basically extends to the fence, so about anywhere you can get out of the vehicle along a federal-aid highway would fall under the terms of the regulation.
My conclusion is serious chasers and spotters should have a vest handy to put on as required, at least for the over-eager LEO that has it in for chasers that day.
Per the FHWA in the FAPG, 23 CFR 470A :
If you're a transportation wonk like me, state maps of the National Highway System can be found at http://www.fhwa.dot.gov/planning/nhs/"Federal-aid highway systems" means the National Highway System and the Dwight D. Eisenhower National System of Interstate and Defense Highways (the "Interstate System")
"Federal-aid highways" means highways on the Federal-aid highway systems and all other public roads not classified as local roads or rural minor collectors.
Each state and Metropolitan Planning Organization (for urban areas) maintains its own functional classification system that is supposed to dovetail with the federal-aid classification system. Since Kansas was mentioned, see for example http://www.ksdot.org/burTransPlan/maps/GISMaps/Funclass806.pdf. Any road on this map not colored yellow (are there any?) is a federal-aid highway, i.e. most of the state numbered highways in addition to US and interstate.
Highway right-of-way basically extends to the fence, so about anywhere you can get out of the vehicle along a federal-aid highway would fall under the terms of the regulation.
My conclusion is serious chasers and spotters should have a vest handy to put on as required, at least for the over-eager LEO that has it in for chasers that day.