Guidelines for Drafting Liability Neutral Transportation Engineering Documents and Communication Strategies (2020) / Chapter Skim
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Pages 8-20
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8 NCHRP LRD 83 a. State A discusses the legal standard of care that the DOT must use in its Traffic Engineering Manual. The manual reads: [The state]
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NCHRP LRD 83 9 Example A: American Traffic Safety Services Association (ATSSA) ATSSA provides a work zone podcast series 29 titled "Work Zone Hazard Assessment: Identifying and Maintaining the Work Zone Clear Zone." The stated purpose of the podcast is to "focus on raising practitioners' awareness of how to remove, shield, or otherwise mitigate hazards within the clear zone." Excerpts from that podcast are printed below: Due to the dynamic nature of the work zone environment, recoverable designs are achieved first by not allowing unprotected hazards created by construction activities (such as drop-offs)
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10 NCHRP LRD 83 since the work zone itself often creates hazards. In addition, existing hazards objects or conditions in work zones must be shielded when relocation and mitigation are not possible.
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NCHRP LRD 83 11 5. Vertical objects within the guardrail system's design deflection.
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12 NCHRP LRD 83 C Negligence Per Se The legal doctrine of negligence per se should be considered in the evaluation of manuals, research studies, and policies.
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NCHRP LRD 83 13 STATE H FENCING POLICIES Purpose: To establish a policy for the Department of Transportation for the proper construction and maintenance of right-of-way fence. Fully Controlled Access Highways: Continuously fence all fully controlled access highways (Freeways)
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14 NCHRP LRD 83 and pedestrians from entering or leaving the highway at unauthorized locations. Right of way markers or controlled access signs may also be used with or without fencing to identify the property lines.
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NCHRP LRD 83 15 mendations, such as additional guidance and training, can be made, but specific examples of non-compliance with industry guidance should never be used in a report that is intended to be released outside the agency. Example B: Guard Cable Evaluation Report The guard cable evaluation report prepared by a research department of State K addresses the issue of soil, footings, and repair response times.
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16 NCHRP LRD 83 Partial shoulders are sometimes used when full shoulders are unduly costly, as on long span bridges or in mountainous terrain. Regardless of the width, a shoulder should be continuous where feasible.
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NCHRP LRD 83 17 port 783, Evaluation of the 13 Controlling Criteria for Geometric Design. The research results indicate that shoulder width should remain as a controlling criterion for rural two-lane highways, rural multilane highways, and rural and urban freeways.
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18 NCHRP LRD 83 State P prioritizes repair of components that provide for the safety of the traveling public into categories such as priority one, two, and three. It also provides sub-categories within its priority one system for guardrail, concrete median barriers, and crash attenuators.
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NCHRP LRD 83 19 Medium & Routine Priorities Normal priority items can be phoned in … e-mailed to our Highway Maintenance Division Manager or simply fill out our Maintenance Request Form. Pothole and guardrail repairs Pavement surface maintenance Sidewalk and shoulder damage Street sweeping and vacuuming Removal of non-dangerous items from roadways or rights-of-way Analysis: The county is educating its population about roadway conditions, but in the process of education, it provides information that could expose it to litigation risk.
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20 NCHRP LRD 83 with catchwords that begin with "c" that promote clarity in writing. The suggestions therein can be a helpful reference to the technical writer.
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