transportation is risky business
TRANSCRIPT
App
lyin
g S
yste
ms
Eng
inee
ring
Pri
ncip
les
toIT
S P
roje
cts
in C
alif
orni
a
Ris
k A
lert
: D
on’t
Let
Roa
dsid
e M
eth
Was
teTr
ip Y
ou U
p
Cab
le M
edia
n B
arri
ers
Tort
Rep
ort:
Wha
t Yo
u C
anD
o to
Pro
tect
You
r A
genc
yFr
om T
ort
Liab
ility
Cla
ims
Res
ourc
es f
rom
the
Tran
spor
tati
on L
ibra
ry:
Tort
Lia
bilit
y
Sav
e M
oney
Wit
h th
e U
.S.
Com
mun
itie
s G
over
nmen
tP
urch
asin
g A
llian
ce
Tow
ard
Sus
tain
able
Tran
spor
tati
on:
Cal
ifor
nia
Con
vert
s to
LE
DTr
affi
c S
igna
ls
Goo
d E
ngin
eeri
ng I
sn’t
Eno
ugh
Any
mor
e
Tool
s to
Mak
e Yo
urJo
b E
asie
r
Trai
ning
Cal
enda
r
SPRING 2006
University of California Berkeley Institute of Transportation Studies Technology Transfer Program NEWSLETTER
�
3 4 6 8 10 12 13 14 15 16
Transportation is Risky BusinessTransportation is Risky Business
Technology Transfer
for Local Transportation Agencies
Spring 2006
The Technology Transfer Program is a unitof the Institute of Transportation Studiesat the University of California, Berkeley.Its mission is to bridge research andtransportation practice by facilitating andsupporting the planning, design, con-struction, operation and maintenance ofefficient and effective state-of-the-arttransportation systems. The TechnologyTransfer Program provides professionaltraining, workshops, conferences, techni-cal assistance and resources in the areasof planning and policy, traffic engineer-ing, project development, infrastructuredesign and maintenance, safety, environ-mental issues, and aviation.
Technology Transfer ProgramInstitute of Transportation StudiesUniversity of California, Berkeley1301 S 46th Street, Building 155Richmond CA 94804PHONE 510.665.3410FAX 510.665.3454E-MAIL [email protected] www.techtransfer.berkeley.edu
Linda Howe-Steiger, PhD, AICPProgram Director
Ted Chira-Chavala, PhDManager of Instructional Development
Michele E. Cushnie, PhDManager of Instructional Delivery
Laura Melendy, MSManager of Outreach andInformation ServicesNewsletter Editor
Donna Reid, PhDConference Manager
TRANSPORTATION LIBRARYWe encourage public agency employees tocontact the Institute of TransportationStudies Library for reference services andloans. Specialized services are providedfree to employees of California-servingpublic transportation agencies at thelocal, state and regional levels, and feder-al agencies located in-state, with fundingfrom the California Local TechnicalAssistance Program (LTAP). Seewww.lib.berkeley.edu/ITSL/agencies.htmlfor details.
Transportation LibraryInstitute of Transportation StudiesUniversity of California, Berkeley412 McLaughlin HallBerkeley CA 94720-1720PHONE 510.642.3604FAX 510.642.9180E-MAIL [email protected] www.lib.berkeley.edu/ITSL
For publications, video, and CD loans, orassistance using the training materialdatabase or the library catalog, contact Kendra LevineCirculation ManagerE-MAIL [email protected] 510.642.3604FAX 510.642.9180
For information on specific topics,reference questions, or assistance usingthe library catalog or TRIS, contact Rita EvansReference LibrarianE-MAIL [email protected] 510.642.3604FAX 510.642.9180
All requests must include your name,job title, agency name, mailing address,and, if requesting material, the title andnumber.
LTAP FIELD AGENTSField agents provide free peer-to-peertechnical assistance to local transporta-tion agencies on request. Three fieldengineers provide general support withinspecific geographic areas in California.Two other experts in the fields of pave-ments and transportation planning servepublic agencies statewide. Call a fieldexpert when you need advice or help witha technical issue. This program is fundedthrough the California Local TechnicalAssistance Program (LTAP).
NORTHERN CALIFORNIADon Raffaelli 3433 Trinity StreetEureka CA 95501PHONE 707.443.5485E-MAIL [email protected]
CENTRAL CALIFORNIALes Jorgensen 2697 W DovewoodFresno CA 93711PHONE 559.435.2437E-MAIL [email protected]
SOUTHERN CALIFORNIADave Royer23933 Via ArandaSanta Clarita CA 91355PHONE 661.255.6556E-MAIL [email protected]
PAVEMENT (STATEWIDE)Larry Santucci 1355 S 46th Street, Building 452Richmond CA 94804PHONE 510.665.3428E-MAIL [email protected]
PLANNING (STATEWIDE) Arnie Sherwood2282 Ronda Vista DriveLos Angeles CA 90027PHONE 323.662.4446E-MAIL [email protected]
2
Tech Transfer is published quarterly andmailed to 15,000 readers in Californiaand the United States with funds fromthe California Local Technical AssistanceProgram (LTAP).
The Technology Transfer Program,California’s LTAP Center, is part of anationwide network of centers establishedby the Federal Highway Administration(FHWA) in cooperation with state trans-portation agencies. The FHWA LTAP isunder the State and Local ProgramsBranch of the Office of TechnologyApplications. California’s LTAP is fundedwith additional support from theCalifornia Department of Transportationand is administered by the University ofCalifornia, Institute of TransportationStudies, Technology Transfer Program.
The contents of this publication do notreflect the official views or policies of theState of California, the University ofCalifornia, or the Federal HighwayAdministration, and do not constitute astandard, specification or regulation. Nopart of this publication should be con-strued as an endorsement for a commer-cial product, manufacturer, contractoror consultant. Any trade names or photosof commercial products appearing in thispublication are for clarity only.
We readily grant reprint permission formost articles; contact Laura Melendyfor details.
APPLYING SYSTEMS ENGINEERING PRINCIPLES TOITS PROJECTS IN CALIFORNIA
This new course is not to be missed ifyou are involved in any aspect ofIntelligent Transportation Systems (ITS).Individuals who have attended priortraining in systems engineering givenby UC Berkeley in the past two years or by NHI are strongly encouraged toattend this new course.
The contents of this course are entirely new and will prepare you forITS projects large and small.
Learning ObjectivesBy the end of the course, studentswill:
� Be able to explain what systemsengineering is and how the sys-tems engineering process, asdescribed in the Caltrans SystemsEngineering Guidebook, relates tothe ITS project life cycle—fromregional transportation planningand regional architecture develop-ment stages, through specific pro-ject development, delivery, opera-tion, maintenance and replace-ment or retirement.
� Be able to discuss how the useof the systems engineeringprocess enhances technical and institutional efficiency andeffectiveness and can helpagencies minimize risks and avoidpitfalls typically associated withITS projects.
� Be able to identify the roles andresponsibilities of their ownagency, other agencies, and stake-holders throughout the systemsengineering process for differentITS projects in California.
� Understand the purpose and usesof the Caltrans Guidebook, as wellas what needs to be done in orderto be in compliance with theFederal and Caltrans LocalAssistance requirements for usinga systems engineering approachfor ITS project development.
3
Presentation of MaterialAt this class, you will meet colleaguesfrom California public agencies whowork on ITS projects. This new courseis taught by an extensively experiencedteam assembled by Kimley-Horn andAssociates.
The course goes beyond lecturesand discussions—it engages attendeesto work on a series of class exercisesbased on real-world ITS projects,both ongoing and completed. Theseexercises collectively reflect the practi-cal systems engineering process frombeginning to end. In addition, theinstructors will also provide examplesof best practices with respect to howsystems engineering has been orshould be applied to ITS projects.
Target AudienceThis new 2-day course is speciallydesigned for employees (engineers,planners, technicians, managers,etc...) of California transportationagencies who manage and/or areinvolved in any aspect of ITSprojects/activities.
DATE: June 8–9, 2006
TIME: 8 am–4:30 pm
LOCATION:University of California Berkeley Richmond Field Station
COST: Free
INSTRUCTORS:� Bruce Eisenhart� Kevin Aguigui � Melissa Hewitt� Pierre Pretorius� Anush Nejad
REGISTRATION:This course is free for employees of allCalifornia public agencies, butyou must register in advance.
Space is limited, so please register early to avoid being shut out.
To register, please sign up for TE-21,“Applying Systems EngineeringPrinciples to ITS Projects inCalifornia” at www.techtransfer.berkeley.edu/training.
RISK ALERT: DON’T LET ROADSIDEMETH WASTE TRIP YOU UP
Roadway employees who keep ourroadsides clean and beautiful—partic-ularly mowers and ditch cleaners—face an unexpected danger as theyperform their jobs: exposure to wastefrom methamphetamine (“meth”) labs.
For every pound of meth manufac-tured, five to six pounds of toxic wasteis produced. Proper “safe” disposal ofthe waste is expensive and controlled.The people running meth labs oftendump toxic waste or lab equipmentwithout regard for the hazards itcauses people, property, and theenvironment.
This stuff can look just like any othertrash commonly dumped at the side ofthe road, but waste from meth labsmay contain or be surrounded bypotentially hazardous chemicals. Usethe information below to recognizeand avoid the dangers caused bycontact with the byproducts of methproduction.
FACTS ON METH
What is Meth?Meth is an extremely dangerous andhighly addictive stimulant drug thatreleases high levels of the neurotrans-mitter dopamine in its users. It ishighly addictive and extremely hard tostop using. 98% of users becomeaddicted after just one use. Meth use
4
can cause psychotic behavior andbrain damage, and chronic use canbring about violent behavior, anxiety,confusion, insomnia, auditoryhallucinations, mood disturbances,delusions and paranoia.
California’s Meth ProblemClandestine labs that produce methand other illegal substances are avery real problem in California, wherethe state Bureau of NarcoticEnforcement seized 286 meth labsin 2005, 498 clandestine labs in2004, and 768 clandestine labs in2002. Some authorities believe thatfor every lab that is seized, 9 othersare in operation.
Where and How Meth is ProducedMeth is manufactured from a varietyof chemical ingredients that are read-ily available in most communities.Its production requires anhydrousammonia, iodine, and ephedrine,which is found in many over-the-counter cold medicines.
Meth can be made just about any-where. Labs have been found inhouses, apartments, barns, outbuild-ings, garages, hotel and motel rooms,storage facilities, vacant buildings,and vehicles. A makeshift lab can fitin a suitcase.
5
THE POTENTIAL DANGERS OFMETH EXPOSURE AND HOW TOAVOID THEM
The Potential DangersThe chemicals used to make meth aretoxic. The fumes from meth waste cancause itching and burn the eyes,throat, and lungs if inhaled. Physicalcontact with the chemicals or piles ofwaste can burn the skin and causevery severe respiratory damage.Protect yourself by knowing whatto avoid.
Smell: Know What to Sniff ForMeth lab trash might emit strongchemical odors. It may smell likecat urine, ether, ammonia, nailpolish remover (acetone), or similarchemicals.
Sight: Look At the Waste BeforePicking it UpThe list below includes items that areused to make meth. When found clus-tered together, these items indicatethat a pile of trash could be wastefrom a meth lab. � Anhydrous ammonia tanks, often
with brass tank valves that arebluish-green
� Loose pills that look like commoncold pills or diet pills, or packagingfrom cold pills that containephedrine or pseudoephedrine
� Empty or full containers that arelabeled as Muriatic acid, Freon, orStarter fluid
� Alcohol or methanol (“Heet”brand gasoline additive orrubbing alcohol)
� Camp stove fuel (“Coleman” fuel)or lantern fuel cans
� Red-stained coffee filters, bedsheets, pillow cases, or old cloth-ing
� Iodine crystals (grayish-black andshiny)
� Containers that held sodiumhydroxide, sulfuric and hydrochlo-ric acid (“Red Devil” lye), or otherdrain cleaners
� Red phosphorus (in match booksor sticks)
� Ether (engine starting fluid) � Cans of solvents such as Acetone,
Benzene, Toluene, Methyl EthylKetone or Xylene
� Disassembled lithium batteries� Clear glass containers that look
like they’re from a laboratory, withrubber or plastic hosing
� Containers from table salt orrock salt
WHAT TO DO IF YOU THINKYOU’VE FOUND A METH LABDUMP SITE
� Don’t investigate, because prod-ding the material could furtherendanger you or others in the area
� Immediately contact local policeor the sheriff’s department tonotify them of your suspicions
� Call 911 if you think you’ve beenexposed to toxic chemicals
Inhalation Exposure: Move to freshair. Give artificial respiration ifcolleague is not breathing. If breath-ing difficulty occurs, give oxygen andseek medical attention.
Contact with Clothing or Skin:Remove contaminated clothing.Flush exposed skin and hair withwater for at least 15 minutes.Thoroughly wash with soap andwater when possible. Meth can beabsorbed through the skin. Seekmedical attention if needed.
Contact with eyes: Flush exposedeyes with water or saline solutionfor at least 15 minutes. Removecontact lenses if possible. Seekimmediate medical attention.
VIDEOS TO HELP YOU LEARNMORE ABOUT HOW TO PROTECTYOURSELF
Meth Labs: California’s HiddenDanger—California Department ofJustice
Multijurisdictional Counterdrug TaskForce Training
Colorado Department ofTransportation Adopt a HighwaySafety Video
These videos are available instreaming format at www.techtransfer.berkeley.edu/videos
This article is adapted with permissionfrom an article originally published bythe Montana LTAP Center, LTAPMATTERS, Fall 2005; Source:www.methfreemt.org.
It includes additional information fromthe California Violence PreventionCenter, California Bureau of NarcoticEnforcement, California Department ofJustice, California Office ofEnvironmental Health HazardAssessment, California Department ofToxic Substances Control, ColoradoDepartment of Transportation, andMinnesota Department of Health.
By FHWA Research and Technology Program
CABLE MEDIAN BARRIERS
PROBLEM: Traditional concrete and metal-beam barriers are effective but areexpensive and can be difficult toinstall in some locations. Is therean alternative?
Median crossover crashes oftenresult in fatalities or severe injuriesto occupants of the errant vehicleand the motorists in the opposingtraffic lanes. The concrete and metalbeam barriers traditionally used toprevent these crashes, however, aredifficult to install on sloped terrainwhere their performance is oftensuboptimal. In addition, concreteand metal beam barriers are expen-sive, and state and local agenciesoften lack the resources to rapidlydeploy these technologies to areaswhere vehicles frequently cross overthe adjacent medians.
6
SOLUTION: Use Cable Median Barriers
Recent research shows that cablemedian barriers are more forgivingthan traditional concrete and metalbeam barriers and can be an effec-tive alternative on sloping terrain asthey will deflect the collision forcelaterally thereby reducing the forcestransmitted to vehicle occupants.Some states are turning to cablemedian barriers in areas where thereis a high potential for crashes andsufficient median width so thatvehicles can land safely outside thetravel lanes.
The Pro’s of Using CableMedian BarriersAlthough cable barriers have beenused since the 1960s, it was notuntil the 1980s that some stateDOTs started using a modified cablerail as a median barrier. Today, manystates, including Arizona, Colorado,North Carolina, Ohio, Oklahoma,Oregon, South Carolina, Utah, andWashington, are installing cablebarriers in medians originally builtwithout barriers. New data suggestthat cable median barriers are aneffective mechanism for preventingfatal and disabling crashes. InWashington, for example, annualcrossmedian fatal crashes declinedfrom 3.00 to 0.33 fatalities per100-million miles of vehicle travel,
while annual disabling accidentswent from 3.60 to 1.76. The overallbenefits of cable median barrierswere calculated to be $420,000 permile annually.
The Con’s of Using CableMedian BarriersWhile cable median barriers have lowinstallation costs, they can be costlyto repair after a crash. In addition,when several posts are hit during asingle crash, the cable barrier maythen be vulnerable to crossoversuntil the damaged section isrepaired. Rapid maintenance andrepair of the barrier is therefore veryimportant, and can be difficult,especially during winter months.Several proprietary hightension cabledesigns are now available, however,that can withstand multiple hits.
SUCCESSFUL APPLICATIONS: Using cable barrier systems tomeet local needs
The North Carolina and Oregon DOTscompleted detailed in-service evalua-tion reports of cable barrier systemsand found that the systems werenearly 100 percent effective in pre-venting deadly crossover crashes onfreeways. Cable median barriers havebeen successful in South Carolina,where three-strand cable systemswere installed in areas with multiple
ONE OF THE PRIORITY, MARKET-READY
TECHNOLOGIES AND INNOVATIONS THAT THE
FEDERAL HIGHWAY ADMINISTRATION
BELIEVES WARRANTS SPECIAL ATTENTION.
Cable Median Barrier photos provided by North Carolina Department of Transportation
7
median crossover crashes. FromAugust 2000 through July 2003, theSouth Carolina cable median systemwas hit 3,000 times, but only 15vehicles penetrated the cables. Inaddition, Oklahoma and several otherstate DOTs recently installed propri-etary cable barrier systems withreported success.
Some motorcyclists have expressedconcerns about cable barriers.Researchers in the United Kingdom,however, found little differencebetween crashes into cable medianbarriers and other barrier types.According to the data, most ridersare separated from their motorcyclessoon after leaving the pavement andare sliding on the ground by the timethey reached the barrier. The dataalso did not show that cable barrierscause extraordinary injuries.
Deployment StatementThe increased use of cable barriersin relatively wide medians where abarrier is warranted will decrease thenumber of severe cross-mediancrashes. Cable barriers are costeffective because they are relativelyinexpensive compared to other typesof barriers. They also perform betterthan other barriers when installed onthe moderately sloping terrain com-mon to many existing medians.
Deployment GoalThe goal is for every state to reviewits median crossover crash historyto identify locations where cablemedian barriers may be warrantedand to implement appropriate con-struction projects that use cablemedian barriers.
Deployment StatusMany state DOTs have indepen-dently assessed the extent of theirmedian crossover problem and havemodified the barrier warrants estab-lished in the late 1970s. Most ofthese states also have installed asignificant number of cable barri-ers, including both the generic,lower-tension design and highten-sion patented cable barriers. TheAmerican Association of StateHighway and TransportationOfficials (AASHTO) is modifying itsmedian barrier warranting criteriato reflect current trends, an actionthat will lead to the installation ofadditional median barriers in manystates.
Status in CaliforniaAs of the date of publication, cablemedian barriers are not a systemthat has been adopted for use bythe California Department ofTransportation.
Additional ResourcesGuidelines for median barrier war-rants, selection, and installation arecontained in AASHTO’s 2002Roadside Design Guide. Informationon crash-tested cable barriers can befound at safety.fhwa.dot.gov/report350hardware underLongitudinal Barriers, using the keywords, “Cable Barriers.” To learn more about AASHTO-TIG’sapproved technologies, visit tig.transportation.org.
For More Information Contact:
Nick ArtimovichFHWA Office of [email protected]
Frank JulianFHWA Resource [email protected]
PUTTING IT IN PERSPECTIVE
Many states have collected figuresthat demonstrate the significantimpacts of cross-median crashes:� Between 1990 and 1999, only
2.4 percent of all interstate crash-es in Iowa were crossmediancrashes, yet these crashes resultedin 32.7 percent of all interstatefatalities.
� From 1999 to 2000, more than70 people in South Carolina losttheir lives in 57 separate interstatecrossover median crashes.
� North Carolina DOT has foundcross-median crashes to be threetimes more deadly than other free-way crashes. Cross-median barriersare expected to lead to an estimat-ed 90 percent reduction in thesetypes of collisions.
BENEFITS
� Cable median barriers are aneffective means of reducing fatalcrossover crashes.
� Sufficient cost efficiencies can beachieved through the introductionof higher-tension cable systems.
� Financial resources can be saved ifcrews at state DOTs develop theskills to rapidly repair cable medi-an barriers.
TORT REPORT: WHAT YOU CAN DO TOHELP PROTECT YOUR AGENCY FROM TORTLIABILITY CLAIMS
By Jeanne Scherer, Assistant Chief Counsel, Caltrans Tort Litigation and Risk Management
“Moreover,” alleged the families, “alarge ‘Wrong Way Do Not Enter’ signblocked Moe’s sight distance. Henever saw the truck. The highwaydepartment is at fault.”
“It was reasonable to construct thisintersection without an interchange -there wasn’t enough money”exclaimed the highway folks.“Weinstalled signals two months afterthis accident, but that was a timelyinstallation, based on informationavailable. Mr. Moe just didn’t surveythe traffic carefully before pullingout. Not our fault!”
But when investigators took a goodlook, the view of a driver stopped atthe limit line on Hiland Road was, infact, completely blocked by the“Wrong Way Do Not Enter” sign. Mr.Moe apparently looked to his leftand didn’t see the truck, then lookedto the right for other traffic and did-n’t see anything. So, he pulled outinto the intersection and was broad-sided. This one cost the highwaydepartment a fair amount of money.
TORT REPORT: Designers and signcrews: do a visual check for sight-distance obstructions before andafter the sign goes into the ground.It might save a life.
A tort is a wrongful act, either inten-tional or accidental, that injuresanother. Since most civil litigationarises from torts, saving your agencymoney and avoiding litigation can beas simple as learning about situa-tions where others were found liablefor torts, and avoiding those mis-takes. The following hypothetical sit-uations are based on actual casesand provide clear and informativeexamples of ways to prevent liability.
THE CASE OF THEINTERFERING SIGN
Ryan Moe, an 18-year-old studenttransporting his professor, Dr. Shoe,came to a temporary stop at theintersection of Hiland Rd. andMachu Way, then pulled out into theintersection, directly into the path ofan oncoming truck. Both Mr. Moeand Dr. Shoe were killed. The par-ents of Mr. Moe and the wife anddaughter of the professor sued thehighway department for a combinedtotal of several million dollars.
“In the first place,” plaintiffsargued, “there should have been aninterchange, not an at-grade inter-section. And if not an interchange,the location should at least havebeen equipped with traffic signals.”
8
9
THE CASE OF THE KINKYTHERMOPLASTIC
Carol Ann Doe, a self-employed laborrelations consultant and part-timemodel, was driving alone along Route800 when, for unknown reasons, hercar veered across the centerline andplowed head-on into a vehicle drivenby George David Goe, ejecting hisgirlfriend Monique Soeby, who diedfrom injuries within two hours. Ms.Doe suffered massive injuries to herface and multiple injuries to her armsand legs.
Ms. Doe sued Caltrans and severalother defendants for over a milliondollars. “The State, without any plau-sible explanation, narrowed the west-bound lane by installing a thermo-plastic strip, and then improperlyplaced a shoulder stripe that neckedthe lane down and produced a “kink”in it. And not only that, Caltrans’ ownsign logs called for a warning/advisoryspeed sign package that had not beenthere for two years. Our client wasconfused,” said her attorney.
“No way,” responded the highwaydepartment. “Ms. Doe was negligent.She wasn’t driving with due care andshe caused the accident herself. Weowe nothing!”
Unfortunately, area media had keptup a drumbeat about the potential
safety problems at this location formonths, so potential jurors wouldhave been well aware of the prob-lems. Caltrans had no choice but tosettle for a reasonable amount.
TORT REPORT: The sign at this loca-tion had been missing for two-and-a-half years. Caltrans could have dis-covered the problem sooner by con-ducting periodic statewide surveil-lance with a sign log.
THE CASE OF THE TELL-TALETESTIFIERS
At 6 a.m. on a rural county roadintersecting a state route, James Boefailed to see a stop sign in time tostop. When he did realize it wasthere, he decided to “blow throughthe intersection because at that timeof the morning there wasn’t anyoneelse on the road.”
Unfortunately there was someone onthe road: Nigel Noe, whose cararrived at the intersection at the sametime. Noe was killed.
At trial, the parents of the deceaseddriver tried to convince the jury thatthe stop sign was obstructed by bush-es, a power pole and guy line, andvarious handmade ‘For Sale’ signs putup by nearby residents. “The ‘stopahead’ pavement markings on the
county road had not been replacedsince the last repaving, more thana year before the accident,” theyalleged.
But just a minute. At trial, thestate’s stencil and sign crewsupervisors were able to explain theirinspection routine and to documentthe fact that the signs and markingscomplied with the requirements atthat time. The state’s engineerscould also show how decisions weremade about the placement of thestop sign.
Sorry, plaintiffs. The jury was con-vinced that this accident happenedsolely because of driver error andthat the driver’s view of the stopsign was not obstructed. The juryruled that the state acted reasonablyin its inspections and remedialactions. No state liability.
TORT REPORT: In any legal action,it is important to be able to showthat there is a reasonable, rationalprocess for what you do and todocument that you have compliedwith that process.
Reprinted with permission. Copyright,2004, California Department ofTransportation. This article is not intend-ed to provide any legal advice and is notto be relied on by any third party. Thenames of people and locations have beenchanged for privacy reasons.
10
By Rita Evans, Reference Librarian
Institute of Transportation Studies Library
RESOURCES FROM THE TRANSPORTATION LIBRARY
TORT LIABILITY
GENERAL READING
Tort Liability of Highway AgenciesSelected Studies in Transportation Law,Volume 4Transportation Research Board, NCHRPCRP-CD-202003. 140 pages.
� Provides background information andcites more than 150 legal cases involv-ing tort liability of public transportationagencies. It describes situations such aspavement defects, icy bridges and treesblocking roads that give rise to such lia-bility. It outlines defenses for discre-tionary activity involving road mainte-nance, guardrails and barriers, and traf-fic control devices, and defenses in tortactions. It describes trial preparation,evidence rules and strategies, includingadmissibility of evidence. It addressesshifting or sharing liability among thetransportation department and others.
Transportation Tort LawJay L. Smith, Lawrence A. Durant,Norman N. Hill, Charles RaymondLewis II, TR News, November 1999.Pages 24-26, 37.
� Outlines in brief the evolution oftransportation tort law that has accom-panied the weakening of the doctrine ofsovereign immunity and describes howtechnical innovations will influencethe law.
FOR TRANSIT OPERATORS
Identifying and ReducingFraudulent Third Party Tort Claimsagainst Public Transit Agenciesgulliver.trb.org/publications/tcrp/tsyn36.pdfM. P. Maier, Transportation ResearchBoard, TCRP Synthesis of TransitPractice No. 36, 2000. 66 pages.
� Describes fraudulent claims as anaspect of risk management. Lists pre-ventative measures to identify andminimize loss exposure, and response-oriented measures for examining risktreatment alternatives and selecting thebest risk management techniques.Includes many examples.
FOR HIGHWAY AND LOCALROAD AGENCIES
Roadway Defects and Tort LiabilityJohn C. GlennonLawyers & Judges Publishing Company1996. 540 pages.
� Written as a safety toolbox for road-way agencies, notes that the acts oromissions of public agencies are oftenlegally weighed against those of driversinvolved in accidents. Chapters addressstandards, accident circumstances,technical aspects of roadway defectscases, and typical defense arguments.
Managing Product Liability toAchieve Highway InnovationsGary L. Gittings and John W. BagbyNCHRP Synthesis of Highway Practice265, 1998. 69 pages.
� Identifies tort liability experience ofpublic agencies involved in introducingnew products to the highway market.Presents details on the litigation risks ofhighway innovation, the perceptions ofpublic agency and private sector per-sonnel, and the state-of-the-art methodsto confront litigation risks. Includes ageneral tort and product liabilityoverview.
Liability of Highway Departmentsfor Damages Caused byStormwater RunoffLarry W.ThomasNCHRP Legal Research Digest No. 401998. 22 pages.
� Discusses the general rules applica-ble to liability for surface water runoffand outlines the applicable liability rulein each state. Notes that the rule ofreasonable use is now the majority rule.
Practical Safety Tool for LocalLow-Volume Rural Roads: the RoadSafety Audit ReviewEugene M. Wilson and Marin E. LipinskiTransportation Research Record 1819,v.1, pp. 225-230.
� Presents a methodology appropriatefor local agencies to perform road safetyaudits that analyze the safety aspects ofplans and designs before project com-pletion. Having an audit may protect
agencies from tort liability since it
establishes a record of the organiza-
tion’s safety agenda.
How a Good Traffic EngineeringProgram Can Help Defend PublicAgenciesR. F. BeaubienInstitute of Transportation EngineersAnnual Meeting2001. 5 pages.
� Shows that public agencies withongoing programs to identify crashlocations, analyze crash causes, anddevelop responses to safety concernscan provide a defense against chargesthat they have ignored “dangerouslocations.”
Defining a Road Safety AuditsProgram for Enhancing Safety andReducing Tort LiabilityRoger S. Owers and Eugene M. WilsonMountain-Plains Consortium2000. 85 pages.
� Examines how the road safety auditconcept might be accepted in thecurrent legal environment and providesguidelines for its use as a tool inmanaging tort liability.
VIDEOS
Available atwww.techtransfer.berkeley.edu/videos
Reducing Tort Liability in CaliforniaWork Zones Technology Transfer Program Tech Transfer Video Library CD-656 orVH-6562004. Runtime: 1 hour, 7 minutes.
� Teaches members of road crews howto avoid liability. Emphasis is on reduc-ing agency exposure to liability byknowing, planning with, and applyingall current standards and practices, anddocumenting traffic control plans, and,in the event of an incident or crash,documenting all the details. Complimentary copies of this video arealso available to California’s publicsector transportation employees at
www.techtransfer.berkeley.edu/freestuff.
Risk Management and Tort Liabilityon the Roadways: What You Needto Know to Protect Your AgencyAmerican Public Works AssociationTech Transfer Video Library CD-635 2002. Runtime: 2 hours.
� Provides an understanding of com-mon liability issues that street depart-ments and highway agencies face.Teaches key legal concepts that relateto the liability of roadway agencies froma risk management standpoint.
11
SAVE MONEY WITH THE U.S. COMMUNITIESGOVERNMENT PURCHASING ALLIANCE
The U.S. CommunitiesGovernment Purchasing Alliancecan reduce the costs of purchasedgoods and save your agency’sprecious taxpayer resources.
PROGRAM ELEMENTS
U.S. Communities is a non-profitinstrumentality of governmentestablished by public agencies toreduce the cost of purchasedgoods and to streamline the pur-chasing process. This program isnationally sponsored by theNational Association of Counties,National League of Cities, theAssociation of School BusinessOfficials International, NationalInstitute of GovernmentalPurchasing and U.S. Conferenceof Mayors.
Through U.S. Communities, coun-ties, cities and other public agen-cies such as schools and specialdistricts can centrally join in com-petitively solicited contracts totake advantage of the enormouscollective purchasing power ofthousands of U.S. local govern-ment agencies.
Designed in cooperation with anAdvisory Board of local governmentpurchasing officials, U.S.Communities pools the purchasingpower of public agencies, achievesbulk volume discounts on behalf ofpublic agencies, competitivelysolicits quality products through alead public agency and provides apurchasing forum for public agen-cies nationwide. Today more than14,000 public agencies are partic-ipating in U.S. Communitiesincluding counties, cities, schooldistricts and other public and non-profit agencies in all 50 states.
PRODUCTS
U.S. Communities offers a varietyof commodity lines, as well asservices, on their contracts. Someof the companies that supply goodsunder existing U.S. Communitiescontracts include Office Depot(office supplies), Ricoh (OfficeMachines), Steelcase (OfficeFurniture), and The Home DepotSupply (MRO Supplies).
ADVANTAGES OF THE PROGRAM
The key advantage is cost savings forpublic agencies. Public agenciesgain access to the national purchas-ing power of all local government
public agencies through U.S.Communities. Public agencies securethe following key advantages:
� Competitively solicited contractsby a lead public agency
� Most favorable public agencypricing
� No cost to the public agency toparticipate
� Nationally sponsored by leadingassociations and purchasing orga-nizations
� Broad range of high quality prod-ucts
� Aggregated purchasing power ofpublic agencies nationwide
� Managed by public purchasingprofessionals
� Available to all counties, cities,schools, special districts, town-ships, villages, boroughs, otherlocal governments and stateagencies, as well as non-profitagencies that support local andstate governments.
U.S. Communities works closely withpublic agencies to understand theirbuying needs and the needs of thou-sands of other public purchasingagents, purchasing managers, pur-chasing directors, and procurementofficers. U.S. Communities is con-stantly expanding its product offeringto public agencies and acts as astrategic sourcing option for localgovernment.
The purchasing function plays a criti-cal role in helping local governmentssave money on the goods purchased bytheir agencies each year. U.S.Communities is a successful, proventool to help counties, cities, schools,and other public agencies achieve thisimportant mission.
GETTING INVOLVED
Pooled contracts can cross stateboundaries. So, a public agency inCalifornia can take advantage of a con-tract negotiated by another agency any-where in the country. Several of themajor contracts offered through theprogram—including a contract withOffice Depot—were competitivelysolicited by Los Angeles County. Anylocal agency that is part of the U.S.Communities program can makepurchases under this contract. Manyentities in California are already proft-ing from the savings offered by theprogram.
Getting involved is simple.To take advantage of the contracts thisprogram offers to public agencies,visit www.uscommunities.org ore-mail [email protected].
12
By Jackalyne Pfannenstiel, Vice Chair, California Energy Commission
TOWARD SUSTAINABLE TRANSPORTATION
CALIFORNIA CONVERTS TOLED TRAFFIC SIGNALS
California law now requires trafficsignals in the state to be energy effi-cient—so energy efficient that onlylight emitting diodes (LED) lampsmeet the new standard.
In 2002, the California EnergyCommission adopted standards forvehicular traffic signal lamps andmodules, adding pedestrian signallamps in 2004. As cities and coun-ties convert to the more efficientlamps, 35 local agencies havereceived nearly $9.4 million in loansfrom the Energy Commission to helpthem with their improvements. LEDtechnology has reduced Californialocal agencies’ utility bills by nearly$2 million annually.
The reason for the savings is sim-ple—traditional incandescent lampsare a very inefficient light source.Since most of the energy goes toproduce unneeded heat rather thanactual light, incandescent traffic sig-nals consume 80 to 90 percent moreelectricity than those using LEDtechnology.
Michael Grimes, Facilities Managerof the City of Santa Barbara, reports70 to 80 percent savings in electrici-ty costs as a result of converting alltheir traffic signal lamps to LEDs.The Energy Commission staff esti-mates that the city’s electricity costsfor traffic signals dropped from
$155,000 a year with incandescentsto about $17,000 with the new LEDlamps. Electricity use went from 1.4million to 150,000 kilowatt hours(kWh) a year. He states that sincethe different color LED clusters wearout at different rates, the city canalso spread out replacement costsover several years.
What California Standards Require
Currently, only LED traffic signalmodules meet the requirements.A list of certified traffic signalmodules can be downloaded in aZip format from the EnergyCommission’s website at:www.energy.ca.gov/appliances/appliance/excel_based_files/traffic_signals.
State Funding
California has $40 million to loan tolocal governments to help them withenergy efficiency projects, includingthe retrofit of traffic signals. Theinterest rate is 4.5 percent (4.1percent in some cases). An applica-tion can be downloaded from theEnergy Commission’s website at:www.energy.ca.gov/efficiency/financing.
This article is reprinted with permissionfrom WesternITE, the official publicationof District 6 of the Institute ofTransportation Engineers.
13
By Nabil Hissen, PE
GOOD ENGINEERINGISN’T ENOUGH ANYMORE
14
There may have been a time whenproject managers were able to man-age projects by simply applying long-established principles of engineering:designing a roadway based on themost effective route, or constructinga structure based on economic con-straints and budgets. There mayhave been a time when engineerscould focus on the job of getting pro-jects done without worrying aboutenvironmental concerns, public criti-cism, and ever shrinking funding.There may have been a time whensupport for projects was overwhelm-ing and public projects were seen fortheir pure societal benefit. However,if there ever was such a time, it haspassed.
The days when “true engineers”managed projects were full of tenserelationships, projects that weredelivered late and over budget, andprojects that were doomed to failuredue to infighting, sabotage, andinaction. Traditionally, engineers whomanaged public works projects hadexcellent engineering skills ratherthan project management abilities.Today, however, engineering skillsalone are not enough to successfullymanage a project.
Engineers and project managers intoday’s environment must be bothhighly skilled and well-rounded.Technical expertise and engineeringknowledge are as important as ever,and a good engineer must also keepup with state of the art techniquesand methods, and be willing tosearch for and incorporate newmaterials and products. Engineerswho manage projects must beexpert accountants, schedulers, andadministrators as well as cuttingedge designers and constructors.
An engineer who manages projectstoday must also be an excellentleader, communicator and negotia-tor. She must be able to bring agroup of opposing interests togetherand cobble a team with one focus:finish the project. On time andwithin budget would be nice, too.
It is not enough to train our engi-neers and project managers in thewonderful realities of appliedphysics. We need engineers withleadership skills who can communi-cate a vision, a goal and a direc-tion. Our project managers must betrained in the fine art of negotiationand the intricacies of team build-ing. Technical expertise is no longerenough. In addition to engineeringour projects, we must now engineerour project relationships.
An engineer/project manager withhighly developed interpersonal abili-ties can turn a public works projectaround. Infighting diminishes, andproject meetings become productiveexercises instead of opportunities toget back at the “opposition.” Oneproject manager with the right skillset can deliver a project ahead ofschedule and below budget, andmake everyone feel proud of her con-tributions.
To learn how to turn your projectsaround, please join Hazem Mobarakand myself on our journey to deci-pher the intricacies of project man-agement in today’s environment. We will be exploring this topic andmany others during Fundamentalsof Project Management forTransportation Engineers (PD-05),offered on June 6 and 7, 2006 inRichmond, California.
For a course outline and to register,visit www.techtransfer.berkeley.edu/training.
FREE TOOLS TO MAKE YOUR JOB EASIER
TRAINING CLEARINGHOUSE
Do you need training in some aspectof transportation practice? A search inthe Training Clearinghouse could leadyou to just the class you need.
The Training Clearinghouse is asearchable database that containsclasses offered in California and sev-eral nearby states. ITS Tech Transferclasses are cross-listed in theClearinghouse, along with classesoffered by nearly 150 organizationsfrom the public and private sector.Certificate Programs, online classes,and major providers of customizedtraining in California are included.
The courses in the TrainingClearinghouse can be sorted by coursesubject, location, title, or provider.Listings are also organized into eightbroad categories that make it easy foryou to browse and findthe course that best fits your trainingneeds:
� Pavement and Highways� Traffic Engineering and Operations� Multimodal Planning and Policy� Administration, Management,
and Finance� Intelligent Transportation Systems� Environment� Non-auto modes� Safety and Security
15
Next time you’re looking for trainingin transportation engineering and itsrelated fields, start at the TrainingClearinghouse. It will probably bethe only place you need to look. The Clearinghouse is located atwww.techtransfer.berkeley.edu/clearinghouse. You’ll want tobookmark it.
GOING…GOING…GONE
One of the Tech Transfer Program’smost popular offerings allowsCalifornia public sector professionalsin the transportation field to goshopping in our library—for free!
Going… going… gone provides eligi-ble California-serving transportationemployees of city, county, regional,state, and federal agencies withtransportation-related reports, jour-nals, manuals, books, CD/DVDs,pamphlets and other materials fromgovernment and private sources.
There is no charge for the materialsor shipping, for those eligible, thanksto support from the California LocalTechnical Assistance Program andand Caltrans.
Supplies are limited, so please limityour requests to one copy of eachitem and no more than 12 itemsper order.
New materials are entered on an on-going basis, so be sure to checkGoing... going... gone before theitem that you need is…. gone.
It’s easy: � Shop our online catalog of free
publications at www.techtransfer.berkeley.edu/freestuff
� Put selected items in yourshopping cart
� Check-out by entering yourshipping address
� Your items will arrive in about2 weeks
INSPECTORS JOB GUIDE
Need a reminder on what to look forwhen inspecting curbs, gutters,walks, driveways, storm sewer instal-lations, structures, or other areas?
Need to estimate how many gallonsof asphalt will be required per mileof road, how much roadway a 1000-gallon tank will cover, or how manypounds of sand, gravel or crushedstone you have in a stockpile?Answers to these questions andmany others (in both English andMetric) are at your fingertips withTech Transfer’s Inspector’s Job Guideand Highway Maintenance Tables inhand.
These information-packed, pocket-sized guides are newly updated andFREE.
Visit Going…going… gone today toorder your FREE copy:www.techtransfer.berkeley.edu/freestuff
Is your organization
sponsoring an
upcoming training in or
around California?
If so, send an
announcement to
clearinghouse@
techtransfer.berkeley.edu
so we can include
your event in the
clearinghouse.
�
University of California BerkeleyInstitute of Transportation StudiesTechnology Transfer Program
1301 South 46th Street, Building 155 Richmond CA 94804www.techtransfer.berkeley.edu
ADDRESS SERVICE REQUESTED
NON PROFIT ORG.
U.S. POSTAGE
PAID
UNIVERSITY OF CALIFORNIA
Fees for most courses are two-tiered: the lower rate is for California public agencies and is subsidized by the Cooperative Training Assistance Program (CTAP); the higher rate is for all others.
� Additional course and registration information: www.techtransfer.berkeley.edu/ training� Course content related questions: [email protected] or 510.665.3410
� Registration related questions: [email protected] or 510.665.3466
� Mailing list changes: www.techtransfer.berkeley.edu/subscribe or 510.665.3466
TO REGISTER
TRAINING CALENDAR
Register online at www.techtransfer.berkeley.edu/training
RESIDENT ENGINEER’S ACADEMYLocal Assistance Resident Engineer’s Academy
PD-04 Free/$350 with lodging May 23-26 Fresno
In 2007, sessions are planned in:San Diego • San Luis Obispo • Redding • Oakland
In 2008, sessions are planned in:Oxnard • San Bernardino • Stockton • Santa Rosa
INFRASTRUCTURE DESIGN & MAINTENANCEAsphalt Pavement Maintenance Road Show
IDM-05RS Free May 4 EurekaIDM-05RS Free May 5 Ukiah
TRANSPORTATION PLANNING, POLICY & ENVIRONMENTFederal Procedural Requirements for Environmental Analysisfor Transportation Projects
EV-03 Free May 9 OaklandNEPA and Transportation Decision Making
NHI-05 $375/$645 May 9-11 MonroviaIntegrating Freight in the Transportation Planning Process
NHI-04 $225/$375 May 16-17 Sacramento
TRAFFIC ENGINEERING, OPERATIONS & SIGNALSDesign, Implementation and Operation of Bicycle Facilities
TE-19 $225/$375 May 25-26 Los AngelesApplying Systems Engineering Principles to ITS Projects in California
TE-21 Free Jun 8-9 RichmondRoundabout Design
TE-26 $195/$325 Jun 13-14 RichmondAnnual MUTCD Workshop
TE-06 $95/$175 Jun 15 EmeryvilleBasic Traffic Signal Design
TE-02 $375/$645 Jun 20-22 FresnoTopics in Geometric Design 2: Applications, Methods & Good Practice
IDM-02 $195/$325 Jun 26-27 Stockton
SAFETYNorthwest Crossings –The Western Regional Grade-Crossing Safety Training Conference
RR-01 $225/$295 Jun 5-7 Vancouver, WA
PROJECT DEVELOPMENT & MANAGEMENTFundamentals of Supervision for Road Maintenance Supervisors
PD-14 $195/$325 May 23-24 SacramentoFundamentals of Project Management for Transportation Engineers
PD-05 $195/$325 Jun 6-7 Richmond
FEDERAL-AID PROJECT DEVELOPMENT: A FIVE COURSE SERIESGetting Your Federal-Aid Project Started
PD-08 Free May 2 OaklandFederal Procedural Requirements for Environmental Analysis
For Transportation Projects / NEPA EV-03 Free May 9 Oakland
Procedures for Right-of-Way AcquisitionPD-09 Free May 10 Oakland
Federal-Aid Project Development: Design to Construction PD-10 Free May 11 Oakland
Federal Rules for Contract Administration and Project Completion PD-11 Free May 12 Oakland
Call your Caltrans Local Assistance Training Coordinator for details.District 1 Mia Eddington 707.441.3922District 2 Sue Gale 530.229.0532District 3 Jim Day 530.741.5116District 4 Jose Reyes 510.286.5233District 5 Mikie Wickersham 805.549.3074District 6 Karen Moore 559.445.5573District 7 Assaad Fayadd 213.847.2951District 8 Debbie Morales 909.383.4941District 9 Trudy Mischell 760.872.0657District 10 Perfecto Robledo 209.948.3689District 11 Debora Ledesma-Ribera 858.616.6524District 12 Homa Nouri 949.724.2410
Some of these classes are also available free, online.
�