My friend Keith Todd, a spokesman for the Kentucky Department of Transportation, sent me a note saying that by Nov. 24, news photojournalists and reporters must wear high-visibility clothing when they are working on highway rights of way.
The key word in all this is "working." Anyone who is working on highway rights of way -- or otherwise paid to be there -- is required to wear the clothing to improve safety. Police officers are exempt unless they are directing traffic at a crash site.
Keith's note says:
As far as enforcement, the Federal Highway Administration could pull funding from any state that does not enforce this requirement for all workers on highway rights of way. However, it should be self-enforcing. First, the Hi-Viz clothing makes all of you safer by making you visible when you are working out on the road, so that is a reward in itself. Second, if you aren't wearing Hi-Viz and someone hits you, it diminishes your ability to sue them for damages. They will have a defense by saying they hit you because they didn't see you since you weren't wearing the required safety gear.
