Regulation - LGIC

Automated Flagger Assistance Device

Regulation Number(s):
Regulation 606: Portable Lane Control Signal Systems
Instrument Type:
Regulation - LGIC
Bill or Act:
Highway Traffic Act
Summary of Proposal:
The proposal is to consider regulatory amendments that will implement the new Automated Flagger Assistance Devices (AFAD) provisions of the Moving Ontarians More Safely Act by adding provisions to Regulation 606 - Portable Lane Control Signal Systems under the Highway Traffic Act (HTA), to assist in traffic control and enable enforcement of AFAD in construction zones. These changes are intended to support increased road safety.

The proposal is to add a new section to Regulation 606 for regulating the use of automated flagger assistance devices. The new provisions would set out the required measurements, configuration, illumination and visibility requirements of the signal lights and control arm on an automated flagger assistance device, the required placement of a portable automated flagger assistance device and the required signs and placement of signs that shall be erected in each direction from which traffic is to be controlled by an automated flagger assistance device.

The proposal includes the requirement for an automated flagger assistance device to have one red signal light and one flashing amber signal light and one control arm. It is proposed that the minimum sign requirements for use in conjunction with the placement of an automated flagger assistance device shall include a DO NOT PASS sign, a warning sign indicating signals ahead, and a sign indicating the location at which a driver approaching an automated flagger assistance device is to stop their vehicle. The proposed regulations may also include requirements related to automated flagger assistance device operator safety, such as a minimum and maximum distance at which the operator shall be positioned away from the automated flagger assistance device.
Analysis of Regulatory Impact:
No imposed impact to businesses, non-profits, or the greater public sector. AFAD will be an additional tool available for use by contractors to control traffic in a construction zone. There will be no obligation for a contractor to use AFADs, but road authorities may make it a condition of a construction contract. In such case, the cost incurred for AFADs could be passed on by contractors in their bid price submission to the road authority. The device can be reused repeatedly over time at multiple construction sites. Although it is expected that many contractors will elect to use AFADs, it is not possible to estimate how many will use the device. Costs will be borne by contractors and may be reflected in contract prices. Due to the low cost per unit and the ability to use units repeatedly over time, the overall impact to contract prices is expected to be negligible.
Further Information:
Proposal Number:
Posting Date:
October 22, 2021
Comments Due Date:
December 7, 2021
Contact Address:
Ministry of Transportation
301 St. Paul Street, Traffic Office, 2nd Floor
St. Catharines, ON L2S 3T2