We’ve all experienced it: Driving down the highway, when suddenly a blinding light comes crashing down on your eyes, reminiscent of the Death Star’s destructive beam. You instinctively shield your face as if your skin is peeling off. Through your blurred vision, you spot the source of the assault: an LED billboard touting a 30 percent discount on mattresses. Happy Labor Day to you and your aching optical nerve.
Surprisingly, this frustrating experience isn’t actually permitted by law. As stated by Cornell Law School, Title 23 of the Electronic Code of Federal Regulations forbids illuminated roadside signs that emit “intensity or brilliance sufficient to cause glare or impair the driver’s vision.” Additionally, flashing signs are also illegal and must adjust their brightness according to ambient lighting, per the Out of Home Advertising Association of America. The law further stipulates that state highway departments must oversee the setup of such illuminated signs, suggesting these signs shouldn’t be present at all.
So, what’s the situation?
Although it feels like a thing of the past, in 2007, the Federal Highway Administration revised its guidance on digital billboards, removing the restrictions implemented by the Highway Beautification Act of 1965. Since then, digital billboards have become increasingly prevalent on our roads. In response, many locations have attempted to impose bans, but a USA Today article from 2013 highlights that these efforts have often been overturned in courts, driven by the advertising industry’s influence. Despite concerns about brightness and distractions, advertising executives remain unapologetically enthusiastic, thrilled that traffic congestion allows them to capture even more attention.
“Our audience grows every single day,” Paul Meyer, CEO of Clear Channel Outdoor, proclaimed to The Washington Post in 2007. “There are far more cars on the road now than there were ten years ago. I remember when driving to the airport during rush hour was a hassle. Nowadays, getting onto that expressway is a slow crawl, which significantly boosts the value of our signage along the Kennedy.”
So, what options do we have? Although the law still regulates the brightness of these signs, violations are frequently evident along the highways. If you encounter one, you can report it to the local authorities, usually the state highway department, ensuring to include photographic evidence when possible. However, whether these complaints lead to action is another story. While I cannot advocate for taking matters into your own hands, the term “birdshot” has come to mind more than once, although primarily in relation to Minecraft. Anyway, I ought to practice my aim… just not at Amazon delivery drones.
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