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Suggested Citation:"CONTENTS." National Academies of Sciences, Engineering, and Medicine. 2020. Guidelines for Drafting Liability Neutral Transportation Engineering Documents and Communication Strategies. Washington, DC: The National Academies Press. doi: 10.17226/25894.
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2 NCHRP LRD 83 CONTENTS I. Introduction, 3 A. Technical Instructions, Research Studies and Guidelines, 3 B. Internal and External Communications of the Agency, 4 II. Consideration of Legal Issues Arising from Publications and Communications, 4 A. Language Found in Publications Intended for Internal Use, 4 B. Language Used in Communications of the Agency, 5 C. Industry Standards, 6 D. Agency Discretion and Engineering Judgment, 7 E. Standards of Care, 7 III. Recommendations for Liability Neutral Documents and Communication Strategies, 8 A. Choosing Each Word Carefully, 8 B. Scheduled Policy Reviews, 12 C. Negligence Per Se, 12 D. Vague Phrases Should Not Be Used, 13 E. Protections Under 23 U.S.C. § 409, 14 F. Surplus Language, 15 G. Match Field Conditions to Language in Guidance, 18 H. Development of Liability Neutral Guidance, 20 IV. Media Training, 21 V. Recommendations for Liability Neutral Documents and Communication Strategies, 21 A. Choose Each Word Carefully, 21 B. Scheduled Policy Reviews, 22 C. Negligence Per Se, 22 D. Vague Phrases Should Not Be Used, 22 E. Protections Under 23 U.S.C. § 409, 22 F. Surplus Language, 22 G. Match Field Conditions with Language in Guidance, 22 H. Internal Communications of the Agency, 22 VI. Conclusion, 22 APPENDIX A—Survey Letter and Questions, 24 APPENDIX B— Iowa Department of Transportation Five C’s, 26

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In the legal system, transportation engineering documents drafted by the transportation industry include manuals, studies, research documents, memoranda, and email. These documents are frequently used by litigants and courts as evidence bearing on the standard of care or duties for transportation agencies sued for alleged negligence in operation of transportation facilities.

The TRB National Cooperative Highway Research Program's NCHRP Legal Research Digest 83: Guidelines for Drafting Liability Neutral Transportation Engineering Documents and Communication Strategies contains a writing guide for technical and non-technical authors and those employees who interact with the public and the media. This digest will assist authors in avoiding concepts and language that have legal implications by promoting clear, direct, objective, and fact-based expression.

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