National Academies Press: OpenBook

Tort Liability Defense Practices for Design Flexibility (2012)

Chapter: APPENDIX G: Sample Design Exception and Justification Form

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Suggested Citation:"APPENDIX G: Sample Design Exception and Justification Form ." National Academies of Sciences, Engineering, and Medicine. 2012. Tort Liability Defense Practices for Design Flexibility. Washington, DC: The National Academies Press. doi: 10.17226/14656.
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Page 50

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50 APPENDIX G—SAMPLE DESIGN EXCEPTION AND JUSTIFICATION FORM TENNESSEE Figure 3-1 (Continued) Design Exception and Justification Form FACTORS CONSIDERED: (Note: Each of the following factors shall be addressed in narrative form. If a factor is not applicable, or data is not available, only the appropriate box needs to be checked. For factors that are not a consideration, justification should be included.) 1) Accident experience or data Data Available No Data Available Not Applicable 2) Effect of the variance from the design standards on safety and operation of the facility Effect considered No effect on the facility Not Applicable 3) Safety mitigation measures considered and provided Measures provided Measures not justified Not Applicable 4) Compatibility of the design and operation with adjacent sections Considered Not a Consideration Not Applicable 5) Comparative cost of the full standard versus the lower design proposed Considered Not a Consideration Not Applicable 6) Long term effect of the reduced design as compared to the full standard Considered Not a Consideration Not Applicable 7) Difficulty obtaining the full standard such as right-of-way restriction, environmental impacts, etc. Considered Not a Consideration Not Applicable 8) Capacity reductions or operational reductions caused by the design Considered Not a Consideration Not Applicable 9) Level of service for the full standard versus the proposed design Considered Not a Consideration Not Applicable 10) Cumulative effect of more than one standard that is being reduced Considered Not a Consideration Not Applicable 11) Possibility of improving or achieving the full standard feature in the future Applicable Not Applicable Not on the state highway system

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TRB’s National Cooperative Highway Research Program (NCHRP) Legal Research Digest 57: Tort Liability Defense Practices for Design Flexibility focuses on tort liability defense practices and cases involving the exercise of discretion in design. The report is designed to help provide a framework for determining potentially successful strategies to employ when defending design decisions made following the principles of context sensitive solutions.

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