Table of Contents

• Chapter One - Introduction
  • Overview of the Program
  • Objectives of the Report
    • Primary Objective
    • Secondary Objectives
  • Organization of the Report
• Chapter Two - The Environment of the Transportation Entity
  • The Overarching Policy of Public Safety
  • Safety as an Inherent Public Policy
  • Historically Inherent
  • Morally Inherent
  • Safety as Legislatively Mandated
  • The Implied "Duty to Know"
  • The Erosion of Sovereign Immunity
  • Strict Product Liability Implications
  • Risk Management
  • Summary
• Chapter Three - The Road Safety Audit Program Defined
  • Overview of the Road Safety Audit Program
    • History
    • Elements
    • Formal Examination
    • Existing or Future Projects
    • The Applicable Projects
    • The Road Safety Audit / Road Safety Audit Review Distinction
    • Safety of All Road Users
    • Independent and Qualified Examiner
    • Independence
    • Qualifications
    • Report on Safety
  • Purpose of the Road Safety Audit Program
    • Focus on Safety
    • Use of the Audit
    • Incorporates Both System-Wide and Spot Approaches
    • Provides a Hierarchy of Ratings
    • Serves as a Tool for Decision-Making
  • Results of the Road Safety Audit Program
    • Benefits and Costs of the Road Safety Audit Program
    • Benefits
    • Costs
    • Outcomes of the Road Safety Audit Program
    • General Outcomes
    • Specific Outcomes
    • The Output of the Road Safety Audit Program
• Chapter Four - The Road Safety Audit Program Distinguished
  • Other Infrastructure Management Systems
  • Existing Road Safety Programs
    • The Highway Safety Improvement Program (HSIP)
    • The Safety Management System (SMS)
    • Other Road Safety Programs
    • Common Characteristics
    • Reactive Approach
    • Cumbersome Structure
  • Distinguishing the Road Safety Audit Program Proactive and Reactive Simple, Not Cumbersome Flexible, Not Rigid
  • Compatibility
  • Summary
• Chapter Five - Addressing the Legal Issues
  • The Situation
    • The Parties: The Alleged Victim and The Local Rural Transportation Entity
    • The Plaintiff: The Alleged Victim
    • The Defendant: The Local Rural Transportation Entity
    • The Local Rural Transportation Entity Explained
    • Vulnerability of the Local Rural Transportation Entity
    • The Protection: Sovereign Immunity
    • The Erosion of Sovereign Immunity
    • A Continuum of Immunities
    • Summary
  • Methodology
    • The Six States: Arizona, Louisiana, Michigan, New Jersey, North Carolina & Wyoming
    • The Process: Legal Research
• Chapter Six - Analyzing the Legal Issues
  • Issue One: Can the Entity be Found Liable?
    • Local Government Immunities
    • History
    • Common Themes
    • Modifying the Extent of Immunity
    • Sources of Liability
    • Duties
    • Standard of Care
    • Duty to Warn
    • Duty to Maintain
    • Duty to Comply With Standards
    • Notice
  • Issue Two: Can the Road Safety Audit Program Report be Used Against the Entity?
    • Freedom of Information Acts
    • Discovery of the Road Safety Audit Program Report
    • Privileges
    • The Work-Product Privilege
    • The Self-Critical Analysis Privilege
    • The Federal-Aid Highway Program Privilege
    • Public Records and Reports
  • Issue Three: Does Improving Public Safety Outweight the Entity's Negligence?
    • The RSAP: Assisting the Transportation Entity in Performing its Duties
    • The RSAP: Protected Governmental Action
    • A Continuum of Road Safety Audit Program Decisions
    • Sovereign Immunity Distinctions
    • The Negligence - Gross Negligence Distinction
    • The Governmental - Proprietary Distinction
    • The Discretionary - Ministerial Distinction
    • Implications of the Sovereign Immunity Distinctions
    • The RSAP: Furthering the Public Interest of Improving Road Safety
    • Transportation Entity-Specific Road Safety Provisions
    • Public Policy Arguments
  • Summary
• Chapter Seven - Findings, Conclusions, and Recommendations
  • Findings
    • The Road Safety Audit Program is a Useful Safety Program
    • A Legal Analysis Framework
    • Step One: Determine if the Entity Can Be Found Liable
    • Step Two: Determine if the Road Safety Audit Program Can Be Used Against the Entity
    • Step Three: Determine if Public Safety Outweighs the Entity's Negligence
  • Conclusions
    • The Road Safety Audit Program Adds Value to a Transportation Entity
    • The Key Legal Strengths and Weaknesses of the Road Safety Audit Program
    • Legal Strengths
    • Legal Weaknesses
    • Key Policy Strengths and Weaknesses of the Road Safety Audit Program
    • Policy Strengths
    • Policy Weaknesses
  • Recommendations
    • A Statute for the Wary
    • Recommendations for Further Study
    • All Levels of Transportation Entities Can Benefit from the Road Safety Audit Program
  • Summary
• Appendix A - List of Common Acronyms*
• Appendix B - State and Local Soverign Immunities in 1982*

*available in the PDF version

Safety Analysis Without the Legal Paralysis: The Road Safety Audit Program

Roger S. Owers, Ph.D., J.D.
Eugene M. Wilson, P.E. Ph.D., PTOE

Department of Civil and Architectural Engineering
University of Wyoming
Laramie, Wyoming 82071

December 2001

PDF files require Adobe Acrobat Reader to view.
Download Acrobat Reader (Opens a new window)