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Suggested Citation:"CONTENTS." National Academies of Sciences, Engineering, and Medicine. 2021. Fix It, Sign It or Close It: State of Good Repair in an Era of Budget Constraints. Washington, DC: The National Academies Press. doi: 10.17226/26266.
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2 TCRP LRD 57 / NCHRP LRD 84 CONTENTS I. Introduction, 3 II. Legislative and Regulatory Context, 4 A. State Highway Transportation Agencies, 4 B. Public Transportation Systems, 4 C. Protection of Data Collected in Safety Studies, 5 D. Potential for Discriminatory Impact on Users of the Facilities, 6 III. Scope of Legal Issues, 6 A. Authority to Close Facility and Limit Access to Facilities and Equipment for Safety Reasons, 6 B. Assessment of Risk for Tort Claims, 8 IV. Liability for Condition of and Access to Facilities and Assets, 9 A. Tort Claims, 9 B. Governmental Immunities and Defenses for Tort Claims, 12 C. Assessment of Risk for a Civil Rights Claim and Strategies to Challenge the Claim, 15 V. Administrative Safety Enforcement Efforts, 21 A. WMATA Incident Review, 22 B. New Jersey Transit Hoboken Terminal Accident, 23 VI. Current Practices, 24 A. Summary of Resources, 24 VII. Conclusion, 27 Appendix A, Transit Interview Questions, 28 Appendix B, Department of Transportation Interview Questions (Highway), 29

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The condition of the transportation infrastructure in the United States is an issue of national importance. State departments of transportation and transit agencies face tough choices as they make decisions about how and when to keep their assets safely open to the public.

The TRB Transit Cooperative Research Program and National Cooperative Highway Research Program's TCRP Legal Research Digest 57/NCHRP Legal Research Digest 84: Fix It, Sign It or Close It: State of Good Repair in an Era of Budget Constraints addresses the legal ramifications to transportation agencies that have to decide whether to repair, improve, or rebuild assets that are in poor repair.


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