Despite a detailed regulatory procedure, the Selectmen simply flouted each and every one of these carefully engineered steps a whopping 90% of the time. It appears the Selectmen “threw-out-the-Manual,” and once again acted ultra vires.
MassHwy, acting in accordance with the authority granted by G.L. c. 85, § 2, promulgated the Mass MUTCD (“Massachusetts Amendments to the 2009 Manual on Uniform Traffic Control Devices”), § 10A-8 to regulate the posting of speed limits for motor vehicles in the Commonwealth. It plainly states the “Procedure for Establishment of Legal Speed Zones” in detail, which includes the following:
(1) conducting proper studies and submitting data of the proposed speed zones to MassDOT, (2) conducting all hearings required for adoption drafting a special speed regulation, (3) notifying MassDOT of formal adoption by the municipality, (4) approval by MassDOT and the Registry, (5) installing official speed limit signs accordance with the specific provisions of the approved regulation, and only then (6) enforcing against violators. (Id.).