Is It Illegal to Take a Road Sign That Isn't in Use?

Have you ever come across a road sign lying on the ground and wondered if it's alright to take it? Over the years, we've heard numerous questions related to the legality of removing a road sign that is no longer in use. In this article, we'll explore the legalities involved and provide guidance on what you should do.

Understanding the Legal Framework

The legality of taking a road sign that is not in use can vary depending on your location. In New Hampshire, for instance, RSA 637:3 Theft by Unauthorized Taking or Transfer is a relevant statute. It states that a person who “obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof” can be charged with theft. This legal framework applies even if the sign is not in active use.

Is the Sign Yours?

It's important to establish whether the sign is yours before attempting to take it. Buying a sign does not automatically make it yours if the original owner did not sell it or if they reserved the right to reclaim it. Simply obtaining a sign does not confer ownership rights unless explicitly stated. Therefore, if it's not yours, taking it is considered theft and is illegal.

The Reality of Enforcement

While the law clearly prohibits unauthorized removal of road signs, practical enforcement can vary. If a sign is abandoned and not in active use, it may not be actively monitored or protected. In such cases, it is more likely that no one will pursue legal action, especially if the sign is indeed considered garbage or discarded.

Examples and Precedents

Some instances highlight the complexities. When the A6144M in London was reclassified, some people rescued signs that were no longer needed. However, these signs were not discarded; they were reclassified and removed. Similarly, in New Hampshire, if a sign is still within the jurisdiction and not officially marked as retired, removing it would still be illegal regardless of its current non-use status.

Common Sense and Legal Awareness

Before taking any action, ensure you have a clear understanding of whether the sign is truly abandoned and ready for disposal. Most importantly, make sure you live in a country where common sense and legal awareness are valued and followed. In places where there is a strong emphasis on following regulations and respecting public property, unauthorized removal of road signs can lead to consequences, regardless of the sign's current status.

Conclusion

In summary, while it may be tempting to take a road sign that is not in use, it is generally illegal to do so unless it is clearly abandoned and considered garbage. Always verify ownership and consult local regulations to ensure you are acting within the bounds of the law. Remember, adhering to the law not only keeps our communities safe but also respects the rights and properties of others.