Legal Issues in
Transportation
Brian A. Coon, PhD, JD, PE, PTOE, ACTAR
Dr. Brian A. Coon
• B.S.E., Mechanical Engineering, University of Iowa
• M.S.E., Civil Engineering, University of Nebraska
• Ph.D., Transportation Engineering, University of Nebraska
• J.D., Criminal Law, University of Nebraska
• Fulbright Scholar, Swedish Road and Transport Institute
• Police Officer, Kansas Law Enforcement Training Center
• Professional Engineer (P.E., Civil and Mechanical)
• Professional Traffic Operations Engineer (PTOE)
• Accredited Traffic Accident Reconstructionist (ACTAR)
• Licensed Attorney, Colorado, Kansas, and Nebraska
• Certified ADA Coordinator (ACT) (1st in the United States)
WHERE I'VE WORKED . . .
Transportation Is Legal & Political
• Engineers have an inherent reluctance to
engage in politics and the law.
• In actuality, engineers are ideally suited for
these realms.
• Comfortable dealing with rules and
codes.
• Look for the “best alternative.”
• Working within physical constraints.
• Limited by economic resources.
Why Is Politics Important?
• Existing infrastructure and systems are in
a state of disrepair and continuing to
decline.
• Current estimates are that 32% of the
nation’s major roads are in poor or
mediocre condition, and 24% of its bridges
are structurally deficient or functionally
obsolete.
• “[I]f there's even one life that can be
saved, then we've got an obligation to try.”
The Truth of the Matter
• Transportation Engineers are involved with
life and death more than you may think.
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•
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•
•
•
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Motor Vehicle Crashes:
Falls:
Alcohol-Induced:
Murder:
Murder (firearm):
HIV Disease:
9/11 (World Trade Center):
35,332
26,009
25,692
16,259
11,078
8,369
2,996
Factor of Safety
• Critical or Non-Critical Components
• Substantial financial loss
• Serious injury or death
• What do we consider?
• Law, policy, or industry standards
• Risk analysis
• Failure mode
• Effects analysis
Previous Driving Records (Fatalities)
Professional Obligations
• Is there a professional obligation to
engage the public on these issues as
engineers?
• We know the public is using the facilities
we design!
• We know that we can do better—but it
takes “stakeholder buy-in” and support.
• Money.
Highway Engineering Pranks
Long-Term Sustainability
• MAP-21: Moving Ahead for Progress in
the 21st Century Act, the first “long-term”
highway authorization enacted since 2005.
• The legislation signed into law in July 2012
lasts for only 27 months.
• Still have not addressed the core issue of
creating a dedicated and reliable source of
transportation funding.
Sources of Revenue
• Generally no change to the tax rates.
• These taxes consist of gallonage taxes on
fuel, an annual tax on heavy vehicle use, a
load rating-based tax on heavy truck tires,
and a retail sales tax on truck and trailer
sales.
• $0.184/gallon of gasoline.
• $0.244/gallon of diesel.
• $0.183/ 126.67 ft3 of CNG.
Gas Tax Revenues
• Gas tax revenues: primary means to fund
the planning, construction, operation and
maintenance of transportation
infrastructure and systems.
• Revenues are declining due to inflation,
rising construction costs, and the growing
use of alternative fuels and more fuelefficient vehicles.
Decrease in Vehicle Miles
• According to the 2009 National Household
Travel Survey (NHTS), the number of
miles driven per person has declined since
2001 for every age group of drivers.
• Nationwide, about 8 percent of the U.S.
population now have no vehicle access.
• The very things we encourage (carpooling,
mass transit, biking, walking) decreases
revenue.
Additional Funding
• $2.4 billion from the Leaking Underground
Storage Tank Trust Fund.
• From the General Fund of the Treasury
• $6.2 billion to be deposited in the Highway
Account in FY 2013.
• $10.4 billion to be deposited in the Highway
Account in FY 2014.
• $2.2 billion to be deposited in the Mass
Transit Account in FY 2014.
So What Is the Point?
• If we are not proactive, we end up focused
on responding to political pressures,
diverting resources that could be
dedicated to other more critical issues.
• Long-term sustainability of the
transportation system is critical.
• Transportation Engineers have a vital role.
• It is critical—of paramount importance—
that we become engaged in the process.
Legal Issues in Transportation
• No, it was a lead-in, not a “bait and switch.”
• What liabilities do we have as
transportation engineers?
• The National Traffic Signal Report Card
gave an overall “D.”
• We are allowing people to design who
don’t know how to design.
• The political process can be a legal liability.
I Have A Problem!
• “If something is not done about the traffic
problem on my street, someone is going to
be killed and it will be your fault.”
• This is usually followed by a demand for
various traffic control measures and often
backed up with petitions from residents.
• Generally, just because a person has a
driver’s license, they think they understand
traffic engineering
Levels of Culpability
• Ordinary negligence is a person's failure to
be careful under particular circumstances
or to follow rules and standards.
• Gross negligence or recklessness is
carelessness accompanied by a disregard
for the resulting harm.
• Intentional tort is the purpose of
committing an act that violates a right or
causes injury or knows that a violation or
injury will occur.
Negligence
• The most common definition is to the
effect that negligence is the failure to
exercise reasonable and ordinary case
under the circumstances.
• In the case of a transportation engineer,
the duty of care may be measured against
that which would be exercised by a
reasonable and competent transportation
engineer.
What Is Reasonable Care?
• Compliance with law or ordinance.
• Compliance with administrative regulations
and procedures.
• Published standards.
• Following industry custom (certain,
uniform, and notorious).
• No requirement to do every possible thing
to protect a life.
Legal Effects of the MUTCD
Kansas
K.S.A § 8-2003: Secretary of transportation to adopt sign
manual.
The secretary of transportation shall adopt a manual and
specifications for a uniform system of traffic-control devices
consistent with the provisions of this act for use upon
highways within this state.
Such uniform system shall
correlate with and so far as possible conform to the system set
forth in the most recent edition of the manual on uniform
traffic-control devices for streets and highways and other
standards issued or endorsed by the federal highway
administrator.
Missouri
• Sections 226.010 and 227.220 of the Revised Statutes
of the State of Missouri authorize MoDOT to prescribe
uniform traffic control devices on the state highways.
Pursuant to the provisions of the above statutes, the
Missouri Highways and Transportation Commission at
the July 10, 2001 commission meeting approved and
adopted the Federal Manual on Uniform Traffic Control
Devices (MUTCD).
• Because MoDOT does not use many of the “common”
size signs in the Standard Highway Signs and Markings
book, they have produced their own sign detail policy,
Sign Management System Sign Catalog.
The Importance of Consistency
• Follow the law. Failure to do so is
negligence per se.
• Follow written policy. Fight for it, if
necessary.
• Fight for consistency. If policy is violated
one place, document it and justify it. If
policy is violated a lot, change the policy.
Stop Signs
• Stop signs installed to control speeding:
(a) don’t work
• (b) are frequently violated
• (c) are detrimental to safety,
• (d) are not warranted in the Manual
• (e) actually increase speeds between stop
signs.
The Best Defense . . .
• The 2009 Manual on Uniform Traffic
Control Devices (http://mutcd.fhwa.dot.gov)
• Page 50, Numbered Line 05.
• “YIELD or STOP signs should not be used
for speed control.”
Standard Brochures
Standard Brochures
Original 2009 MUTCD
• http://mutcd.fhwa.dot.gov/kno-faq.htm
• Section 1A.13. “Standard statements shall
not be modified or compromised based on
engineering judgment or engineering
study.”
Revision 1, 2009 MUTCD
• The decision to use a particular device at a particular
location should be made on the basis of either an
engineering study or the application of engineering
judgment. Thus, while this Manual provides Standards,
Guidance, and Options for design and applications of
traffic control devices, this Manual should not be
considered a substitute for engineering judgment.
Engineering judgment should be exercised in the
selection and application of traffic control devices, as
well as in the location and design of roads and streets
that the devices complement.
Red on Top, Green on the Bottom
• Some early signals used only one set of
two light bulbs to illuminate all the lenses
for all four directions.
• The sides of the signal that faced north
and south would have the red lens on top
and the green lens on the bottom, while
the sides that faced east and west would
have the green lens on top and the red on
the bottom.
Contact Information
Brian A. Coon
City of Wichita
455 N. Main, 7th Floor
Wichita, KS 67202
(316) 268-4448
bcoon@wichita.gov