Effect of MUTCD on Tort Liability of Government Transportation Agencies

National Academies of Sciences, Engineering, and Medicine

doi:10.17226/22244

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Effect of MUTCD on Tort Liability of Government Transportation Agencies

(2014)

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TRB’s National Cooperative Highway Research Program (NCHRP) Legal Research Digest 63: Effect of MUTCD on Tort Liability of Government Transportation Agencies examines the effect that the Manual on Uniform Traffic Control Devices (MUTCD) has had on the manner in which government tort liability has developed; the extent to which federal, state, and other governments have adopted tort claims acts and laws that have waived or greatly curtailed sovereign immunity; and the impact of peculiar state laws.

Contributor(s): National Academies of Sciences, Engineering, and Medicine; Transportation Research Board; National Cooperative Highway Research Program; Larry W. Thomas

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Suggested Citation

National Academies of Sciences, Engineering, and Medicine. 2014. Effect of MUTCD on Tort Liability of Government Transportation Agencies. Washington, DC: The National Academies Press. https://doi.org/10.17226/22244.

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Publication Info

96 pages | 8.5 x 11 | DOI: https://doi.org/10.17226/22244

Chapters		skim
Legal Research Digest 63	1-1
CONTENTS	2-2
I. INTRODUCTION	3-3
II. THE 2009 REVISION OF THE MUTCD	4-10
III. STATE REACTION TO THE 2009 MUTCD	11-11
IV. THE 2009 MUTCD S EFFECT ON GOVERNMENT TORT LIABILITY	12-15
V. TORT CLAIMS AGAINST TRANSPORTATION DEPARTMENTS BEFORE AND AFTER THE 2009 MUTCD	16-17
VI. THE MUTCD AND TORT LIABILITY OF TRANSPORTATION DEPARTMENTS	18-28
VII. IMMUNITIES OF TRANSPORTATION DEPARTMENTS WHEN USING THEIR DISCRETION IN APPLYING THE MUTCD	29-36
VIII. TRAFFIC CONTROL DEVICES UNDER THE MUTCD AND THE EXERCISE OF DISCRETION	37-50
TABLE 1 CASES (JANUARY 2010 APRIL 2014) ARISING UNDER THE 2003 MUTCD OR EARLIER OR UNIDENTIFIED EDITIONS	51-61
TABLE 2 NEW YORK MUTCD CASES (2005 2012) PROVIDED BY THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION	62-66
APPENDIX A	67-72
APPENDIX B SUMMARY OF SURVEY RESPONSES OF TRANSPORTATION DEPARTMENTS	73-96
APPENDIX C LIST OF TRANSPORTATION DEPARTMENTS RESPONDING TO THE SURVEY	97-97
ACKNOWLEDGMENTS	98-98
Back Cover	99-99

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