Safety Eligibility Letter WZ - 313

U.S. Department of Transportation
Federal Highway Administration
400 Seventh St., S.W.
Washington, D.C. 20590

January 26, 2012

In Reply Refer To: HSST/WZ-313

Mark Meyers
MOT Plans
631 NE 45 Street
Oakland Park Florida  33334

Dear Mr. Meyers:

This letter is in response to your request for the Federal Highway Administration (FHWA) to review a roadside safety system for eligibility for reimbursement under the Federal-aid highway program. 

Decision:
The following device is eligible, with details provided in the incoming letter, drawing, and form which are attached as an integral part of this letter:

• MOT Plans VP with Lightweight Warning Light

Based on a review of the analysis submitted by the manufacturer certifying the device described herein meets the crashworthiness criteria of the National Cooperative Highway Research Program (NCHRP) Report 350, the device is eligible for reimbursement under the Federal-aid highway program.  Eligibility for reimbursement under the Federal-aid highway program does not establish approval or endorsement by the FHWA for any particular purpose or use. 

The FHWA, the Department of Transportation, and the United States Government do not endorse products or services and the issuance of a reimbursement eligibility letter is not an endorsement of any product or service.

Requirements
Roadside safety devices should meet the guidelines contained in the National Cooperative Highway Research Program (NCHRP) Report 350 or the American Association of State Highway and Transportation Officials’ Manual for Assessing Safety Hardware (MASH).

Findings
Therefore, the system described and detailed in the attached form is eligible for reimbursement and may be installed under the range of conditions tested.

Please note the following standard provisions that apply to FHWA eligibility letters:

• This finding of eligibility is limited to the crashworthiness characteristics of the systems and does not cover their structural features, nor conformity with the Manual on Uniform Traffic Control Devices.
• Any changes that may influence the crashworthiness of the system will require a new reimbursement eligibility letter.
• Should the FHWA discover that the analysis was flawed, that in-service performance reveals safety problems, or that the system is significantly different from the version that was reviewed, we reserve the right to modify or revoke this letter.
• You will be expected to supply potential users with sufficient information on design and installation requirements to ensure proper performance.
• You will be expected to certify to potential users that the hardware furnished has the same chemistry, mechanical properties, and geometry as that submitted for review, and that it will meet the crashworthiness requirements of the NCHRP Report 350.
• To prevent misunderstanding by others, this letter of eligibility is designated as number WZ-313 and shall not be reproduced except in full.  This letter and the test documentation upon which it is based are public information.  All such letters and documentation may be reviewed at our office upon request.
• This letter shall not be construed as authorization or consent by the FHWA to use, manufacture, or sell any patented system for which the applicant is not the patent holder.  The finding of eligibility is limited to the crashworthiness characteristics of the candidate system, and the FHWA is neither prepared nor required to become involved in issues concerning patent law. Patent issues, if any, are to be resolved by the applicant.

The MOT Plans VP is a patented product and considered proprietary.  If proprietary systems are specified by a highway agency for use on Federal-aid projects: (a) they must be supplied through competitive bidding with equally suitable unpatented items; (b) the highway agency must certify that they are essential for synchronization with the existing highway facilities or that no equally suitable alternative exists; or (c) they must be used for research or for a distinctive type of construction on relatively short sections of road for experimental purposes.  Our regulations concerning proprietary products are contained in Title 23, Code of Federal Regulations, Section 635.411.

Sincerely yours,

Michael S. Griffith
Director, Office of Safety Technologies
Office of Safety

Enclosures