Fix It, Sign It or Close It: State of Good Repair in an Era of Budget Constraints (2021) / Chapter Skim
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Pages 9-20
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TCRP LRD 57 / NCHRP LRD 84 9 cision to warn of a condition rather than shield or fix it requires careful, logical, and documented analysis.
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10 TCRP LRD 57 / NCHRP LRD 84 In MARTA v. Rouse,64 plaintiff was injured when her foot was trapped under the plate of an escalator in a rail station in Atlanta, Georgia.
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TCRP LRD 57 / NCHRP LRD 84 11 law is to protect work vehicle drivers against liability arising from their hazardous surroundings. If a work vehicle driver is operating in a snowstorm or clearing debris, there is greater potential for an accident.75 4.
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12 TCRP LRD 57 / NCHRP LRD 84 that the Iowa Department of Transportation (Iowa DOT) negligently designed, located, and failed to upgrade the guardrail.
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TCRP LRD 57 / NCHRP LRD 84 13 4. Adequacy of Policy An agency may argue, in defense of a suit, that its compliance with policies or standards relieves it of liability.
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14 TCRP LRD 57 / NCHRP LRD 84 care if it has complied with the policies or guidelines that it has adopted, although the standards must be based on scientific studies and data. In other words, once a safety policy or requirement is established, the agency cannot fail or refuse to follow its own requirements due to lack of budget.
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TCRP LRD 57 / NCHRP LRD 84 15 method that was developed as part of an SMS, a court may find that the agency acted reasonably and met the required standard of care.
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16 TCRP LRD 57 / NCHRP LRD 84 Darensburg alleged that MTC used facially neutral funding mechanisms that resulted in decisions that disproportionally favored rail service over bus service. After a bench trial, the district court found that plaintiffs had stated a prima facie claim of disparate impact discrimination, but that MTC had rebutted the presumption by showing that it had a substantial legitimate justification for the plan and granted MTC's motion for summary judgment.
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TCRP LRD 57 / NCHRP LRD 84 17 c. Agency Forecasting and Planning for Budget Reductions Transportation agencies are required to develop and implement agency safety plans, state of good repair reports, and asset management plans.
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18 TCRP LRD 57 / NCHRP LRD 84 3. Strategies for the Defense of Title VI Disparate Impact Complaints A transportation agency can face a discrimination complaint for many of the actions it undertakes, including reduction of services due to budget restrictions.
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TCRP LRD 57 / NCHRP LRD 84 19 safe manner. The ADA requires public agencies to upgrade their sidewalks, curb cuts, and parking lots to be wheelchair accessible at the same time road improvements, such as resurfacing or overlay, are done.125 Additionally, the agency is required to compile a transition plan, which identifies routes and locations that will be upgraded and the timeframe in which the upgrade will occur.
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20 TCRP LRD 57 / NCHRP LRD 84 existing public transportation facility that affect or could affect the "usability" of a station or a part of the station, [I] t shall be considered discrimination, for purposes of section 12132 of this title and section 794 of title 29, for a public entity to fail to make such alterations (or to ensure that the alterations are made)
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