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NCHRP Legal Research Digest 53: Liability Aspects of Bikeways (2010)
National Cooperative Highway Research Program Legal Program (NCHRPLEGL)

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Thomas, Larry W, Transportation Research Board. "APPENDIX A. SURVEY QUESTIONS." NCHRP Legal Research Digest 53: Liability Aspects of Bikeways. Washington, DC: The National Academies Press, 2010.

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COVER (1-1)
CONTENTS (2-2)
SECTION 1. FEDERAL LAWS ENCOURAGING THE DESIGNATION AND USE OF BIKEWAYS (3-3)
A. Introduction (4-4)
B. Whether a Public Entity Has a Duty to a Bicyclist (5-5)
C. Whether a Public Entity's Alleged Negligence Was the Proximate Cause of the Plaintiff's Claim (6-6)
A. Interplay Between a Tort Claims Act and a Recreational Use Statute in Bikeway-Accident Claims Against Public Entities (7-7)
B. Immunity From Bikeway Claims Under Some Recreational Use Statutes (8-8)
A. State Tort Claims Acts (9-9)
B. No General Duty to Install or Provide Highway Signs, Signals, or Pavement Markings (10-10)
C. Whether a Public Entity Had Notice of a Dangerous Condition (11-11)
D. The Governmental/Proprietary Test Applicable to Municipal Corporations in Some States (12-12)
A. The Meaning of the Discretionary Function Exemption (13-13)
B. The Meaning of the Discretionary Function Exemption in State Tort Claims Acts (14-15)
C. The Discretionary Function Exemption and Bikeway Claims Against Public Entities (16-16)
D. Immunity for Negligent Design Based on a Statutory Exemption for Discretionary Activity (17-19)
E. Application of the Discretionary Exemption to the Maintenance of Bikeways (20-20)
A. Warning Signs (21-21)
B. Traffic Control Devices (22-22)
C. Stop Signs and Speed Limit Signs (23-23)
D. Pavement Markings (24-24)
F. Guardrails and Barriers (25-25)
G. Shoulders and Adjacent Areas (26-26)
H. Requirement That Bicyclists Be Intended or Permitted Users (27-27)
A. Overview of Recreational Use Statutes (28-30)
B. Whether Public Entities Are Owners Under Recreational Use Statutes (31-32)
C. Whether Bikeways Come Within the Meaning of Recreational Use Statutes (33-37)
A. Localities' Laws and Policies Regarding Bikeways (38-38)
B. Types of Bikeways (39-39)
C. Responsibility for Designating Bikeways (40-40)
D. Design and Maintenance Guidance for Bikeways (41-41)
E. Localities' Reported Litigation over Bikeway Designations (42-42)
CONCLUSION (43-44)
APPENDIX A. SURVEY QUESTIONS (45-45)
APPENDIX B. LIST OF AGENCIES RESPONDING TO SURVEY QUESTIONS (46-47)
APPENDIX C. STATE RECREATIONAL USE STATUTES (48-49)
APPENDIX D. CASE/ISSUE INDEX (50-54)
ACKNOWLEDGMENTS (55-55)
BACK COVER (56-56)

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45 APPENDIX A. SURVEY QUESTIONS NCHRP 20-6, Study Topic 15-04, Liability Aspects of Bikeway Designation 1. Please provide contact information for the person or persons responding to the survey on the above topic. Name: Title/position: Agency: E-mail: 2. Has your agency approved, denied or otherwise been involved in the designation of bikeways or bicycle lanes on streets or highways? If so, please provide details. 3. Please advise whether your jurisdiction has a statute, ordinance, regulations, guidelines or policies applicable to the designation of bikeways or bicycle lanes on streets or highways. If so, please provide a copy. 4. If your jurisdiction does not have already laws, regulations, policies or guidelines applicable to the designation of bikeways or bicycle lanes on streets or highways are there any proposals to do so? If so, please provide details and a copy of any pending action. 5. Has your agency been involved in any litigation regarding the agency's designation of or re- fusal to designate a bikeway or a bicycle lane on a street or highway? If so, please provide details. 6. If your agency has been requested to designate a bikeway or a bicycle lane on a street or highway and the agency declined to do so, what were the reasons for the agency's decision? Was po- tential tort liability one of the reasons? 7. Has your agency had tort claims arising out of accidents on bikeways or designated lanes for bicycles on streets or highways or on streets or highways lacking a designated lane for bicycles? If so, please provide details, including, if possible, the dates and amounts of any settlements or judgments. 8. Does your agency have a report or other information on the agency's experience with tort claims against the agency, for example, on the number of claims, type of claims, number of closed cases, number of pending cases and pre-suit claims or demands, and amount paid by or on behalf of the agency because of judgments or settlements? If so, please provide a copy for any years for which such information is available. 9. If your jurisdiction has had experience with the bikeways or bicycle lanes on streets or high- ways do you have any suggestions regarding the designation process and/or reducing the risk of liti- gation including tort claims?