All Info: Legal/Liability
- Accommodating Bicyclists and Pedestrians on Rural Roads
- Shall, Should & May
- Standard, Guidance, Option and Support
- What are the requirements for permanently posting a road for weight? (8/20/20)
- Is there a way to submit CHIPS and other state reimbursement requests via email? (6/26/20)
- Have the guidelines for the use of state owned rights-of-way (ROW) changed in any way as a result of the current COVID-19 crisis? (6/25/20)
- Are Highway Department Employees essential in light of the 50% reduction of staff due to COVID-19? (4/2/20)
- Where can I find sample “piggybacking” contract language that my municipality can use? (3/5/20)
- Where can I find a sample policy or public notice about winter maintenance mailbox damage? (1/9/19)
- Can a town designate a town road: “No Through Traffic - Local Traffic Only”? (12/6/19)
- I am a town highway superintendent and I have a newly reconstructed road where I want to post a weight limit of 15 tons. The road is being used as a short cut by tractor trailers and I want them to stay on the main state roads. What would be the process for establishing this weight limit? (10/23/19)
- I would like a stop sign installed at an intersection I think is dangerous. What is the process for requesting the installation of a stop sign at an intersection near a school? (10/16/19)
- Who or what determines the responsibilities of a shared road between two municipalities? (9/17/19)
- What are the dimensions that must be maintained for a clear path regarding vegetation and obstacles along a highway? (9/11/19)
- Are there any rules, regulations or requirements for how many hours a day a municipal worker with a CDL can plow a highway? (7/17/19)
- Is parking allowed across the street parallel to the opening end of a T intersection? (6/13/19)
- Can a town Highway Superintendent appoint a foreman within the department to the position of Deputy Highway Superintendent where the foremen would be serving in both capacities at the same time? (5/2/19)
- If I have a gravel road that has no structures, driveways, or easements on it, and is designated as a Seasonal Limited Use Highway, can I barricade it during frost-thaw months to restrict access to vehicles that would damage the road? (3/27/19)
- What is the new Excavator Certification Training and who needs to be certified? (2/19/19)
- Where can I go to find resources on sexual harassment laws, policies, and training? (1/23/19)
- Do horse riders have the-right-of-way at a highway crossing? (1/8/19)
- Are municipal employees typically allowed to use municipally owned dump trucks and trailers for the purpose of completing their Commercial Driver’s License (CDL) A and B road test? (12/6/18)
- Are purple and white acceptable colors for a village to choose for a village trail sign? (11/7/18)
- Does the MUTCD allow intersection murals or widespread application of artwork to the street? (8/29/18)
- Can a village speed limit be set to 25 mph? (8/14/18)
- When are curve and turn signs required? (8/8/18)
- Who has to authorize the placement of traffic lines for passing and no passing zones on a town highway? (7/31/18)
- Can a collective bargaining agreement (CBA) eliminate the power of the Highway Superintendent to hire as the Superintendent sees fit? (7/3/18)
- Is there a simple way to know when a crew can clean a ditch on private property that is fed by a road crossing pipe? (6/11/18)
- Do Villages have their own version of the Office of the Town Highway Superintendent or “Red Book?” (5/23/18)
- Is there a law that allows a municipal highway department to remove trees, brush, and vegetation along the right of way area of a road and/or are there any regulations or laws that protect trees along the right of way, thus prohibiting a municipality from removing trees? (5/9/18)
- What resources are available for property owners who have problems with stream bank erosion on their land? (4/26/18)
- Does a highway superintendent have to publically advertise a vacancy for a position even if they already know of a person who is interested and would be a good fit for theposition? (3/29/18)
- Can someone be the town highway superintendent of one town but live in a different town? (1/30/18)
- What are the drug and alcohol testing requirements for DOT CDL drivers?
- Where do I find New York State case law?
- When damage is caused to a highway by a private contractor due to their equipment not utilizing proper pavement protections, who is liable and responsible for damages?
- Are highway departments considered ‘first responders’ by Homeland Security?
- Are there any laws that address the placement of snow onto the sidewalks after the town has cleared them?
- Are there any requirements for how many and how bright yellow (amber) flashing lights are to be on work trucks?
- Can a CDL driver go back to safety-sensitive work after a post-accident alcohol and drug test, but before the results are known?
- Can a private landowner plow a seasonal road to access his property?
- Can a village board lower the weight limit allowed on a street?
- Can CHIPS funding be used to develop an asset or pavement management plan?
- Can I change a two-way road to a one-way road?
- Can I paint a single yellow stripe down the center of a highway just for guidance?
- Can municipalities be compelled to replace their signs to meet the new retroreflectivity standards?
- Can we use existing rustic box beam in stock to replace rusting rustic box beam?
- Can Town Highway Superintendent plow a public official's driveway?
- Can you mark road shoulders as bike lanes?
- Do I have to follow the MUTCD
- Do unreported accidents count toward the accident history warrant, or do only reported accidents count?
- Does a town have an obligation to remove diseased trees on roads on the town's right of way?
- Does creating a plan to deal with highway design or safety defects or accommodation issues increase liability?
- Does the board need to pass a resolution to authorize the highway department to spend the additional money of PAVE NY program?
- Does the law about cell phone usage and texting apply to government workers?
- How do I determine who owns a piece of property?
- How do I change the allowable weight limit on a bridge?
- How do I get reimbursements for work done under CHIPS and the new Winter Recovery Fund?
- How do I sign/stripe a parking space for persons with disabilities on the street?
- How does the new “Move Over” law apply to highway personnel?
- I heard many of the new requirements of the 2009 National MUTCD are being eliminated. Is this true?
- Is a Highway Department permitted to put up a NO PARKING ON PAVEMENT sign without a sidewalk district?
- Is it true that they are no longer making Marshall Mix?
- Is it true that we have to start using a new handicap sign?
- Is there a law about home owners putting markers along the roads to keep snow plows off the shoulders?
- Is there a requirement that the doctor doing the examination for a CDL license be certified?
- Is there a specific regulation that sets a timer for the replacement of downed signs?
- Should I use my personal email account for highway business?
- What are the critical dates for Town Highway Departments?
- What are the dollar amounts for when sealed bids are required?
- What are the fines for using electronic devices while driving?
- What are the NYS requirements for a municipality to remove an existing sign?
- What are the proper ways to sign one or more parking spaces for persons with disabilities?
- What are the requirements for a public hearing before paving a Town highway?
- What are the requirements for a roadside mailbox?
- What are the rules for Seasonal Limited Use Highways
- What are the sign regulations for attaching a NO LITTERING sign to a speed limit sign post?
- What can a municipality do about someone dumping snow onto a highway?
- What can the Town Highway Superintendent do when the Town Board eliminates an employee position from the highway crew?
- What do I have to do to meet the sign retroreflectivity standard that goes into effect on June 13, 2014?
- What does the board have to do to use the “Best Value” method for purchasing?
- What does the Board need to do in order to have the Highway Department install a mid-block crosswalk?
- What drug and alcohol tests are required for a CDL license?
- What constitutes a Federal off-system bridge or road?
- What is an Erwin Plan Road?
- What is the definition of a highway?
- What is the difference between no parking, no standing, and no stopping?
- What is the easiest way to retire a right of way when both the Town and the adjacent landowners wish to abandon it?
- What is the Highway Right-of-Way?
- What is the ‘Red Book’ that Highway Superintendents should have in their library and how do I obtain a copy?
- What is the speed limit when there is no posting (no signs)?
- What is the status of the MUTCD compliance date changes proposed in the Summer 2011?
- What is the width of road?
- What training and certification is needed for flaggers?
- When do I have to call 811?
- When do you need to install ADA compliant curb ramps as part of a pavement resurfacing project?
- Where can I acquire a copy of the New York State Vehicle & Traffic Law (the V&T)?
- Where can I find a specification for a product or service?
- Where can I find a Temporary Easement form?
- Where can I find legal opinions of the NYS Comptroller?
- Where can I get a copy of the 284 Agreement?
- Where can we find that Piggybacking memo mentioned at the Highway School?
- Where should Dead End Road signs be placed?
- Which National MUTCD should be followed in New York State?
- Who is responsible for clearing brush at an intersection owned by two different municipalities?
- Who is responsible to remove a tree when it falls into a stream?
- Who set speed limits on local highways?
- Who sets work week schedule; the Town board or Highway Superintendent?
- Accommodating Bicyclists and Pedestrians on Rural Roads
- Highway Superintendent Resources: Library
- Highway Superintendent Resources: Web
- Is it a street, a road, or a highway?
- New York State Ethics and Lobbying Laws
- New York State Weight Laws
- Petroleum Tanks at Municipal Facilities
- Preparing Specifications: How to Get What You Want
- Purchasing Through Piggybacking
- Wintertime Rural Mail Box Responsibilities
Air Quality Conformity in Transportation Planning (GI311)
LTAP Clearinghouse, 1999 (20 Minutes)
The regulations of the Clean Air Act, and the harmful effects of ozone and particulates in the air.
Suggested audience: those responsible for air quality regulations and monitoring in urban and suburban areas.
Best Defense is a Good Road, The (LI036)
FHWA/CLRP (16 minutes)
This video shows how lawsuits can be minimized through good management, proper record keeping, and routine inspection by local roads officials. A court scene presents a road superintendent who is accused of being negligent in repairing a damaged road sign but is found innocent because of proper management and documentation.
Suggested audience: highway and government officials in small municipalities.
Local Government on Trial: Part One, The Background (LI309)
Pennsylvania Local Roads Program, 1995 (41 minutes)
Demonstrates the various aspects of a court case involving a contractor and a township in Pennsylvania when an accident occurs on a roadway. Shows how the case develops from the time of the accident through the complaint, discovery process, jury trial, and outcome. The township, which has 28 miles of road, is representative of any rural municipality. The program will familiarize public works officials with legal and court procedures they would encounter in a lawsuit. Part one sets the scene. Part two begins the trial.
Suggested audience: highway, public works, and municipal officials, and crews.
Local Government on Trial: Part Two, The Trial (LI310)
Pennsylvania Local Roads Program, 1995 (1 hour 30 minutes)
(See Part one description.) Part two depicts the trial. What to expect if you are involved in atrial, including jury selection, opening statements, attorney presentation, witnesses, and cross examination.
Suggested audience: highway superintendents, public works, and municipal officials.
Preparation for a Deposition in a Business Case (LI040)
Matthew Bender & Company (30 minutes)
Shows through lecture and drama the most common mistakes a witness can make and how these errors can be avoided.
Suggested audience: anyone preparing for or anticipating courtroom testimony.
Risk Management, Tort Litigation (LI041)
Pennsylvania DOT (30 minutes)
Explains tort liability, breach of duty, and how risk management techniques can be used to control liability. Illustrates a technique for responding to and following up on telephone complaints.
Suggested audience: highway, public works, and municipal officials.
Torts are Everybody’s Business (LI308)
Pennsylvania DOT, 1992 (5 minutes)
Discusses how all employees in a public works operation can be affected by civil suits against them or their municipalities.
Suggested audience: highway, public works, and municipal officials.
Transportation Employee as a Witness, The (LI042)
Pennsylvania DOT (23 minutes)
All about you as a witness in court. What is involved in depositions, your relationship with your attorney, your time in the courtroom as a witness including appearance, conduct, and preparation. Some tips on giving testimony.
Suggested audience: highway and public works employees who might give testimony in court or during a deposition.
Adopt-A-Highway Agreement - Broome County
Keywords: Adopt-A-Highway, Legal, Safety
Keywords: Town & Country Topics, OGS Standards & Purchase Group
Adopt-A-Highway, Legal, Safety
Adopting Local Laws in New York State
Source: NYS Department of State
Keywords: Legal, Local Laws, New York State
Americans With Disabilities Act and Architectural Barriers Act Accessibility Guidelines
Source: United States Access Board
Keywords: Accessibility, ADA, Handicap
Commercial Drivers: Vehicle and Traffic Law Updates
Source: NYS Department of Motor Vehicles
Keywords: CDL, Commercial Drivers License, Legal
Consultation Assistance Available to Public Employers
Source: NYS Department of Labor
Keywords: Employees, Employers, Legal
Deposition Guide (The): A Practical Handbook for Witnesses
Source: Law Forum Press, Seattle, WA
Keywords: Deposition, Lawsuit, Legal
Drainage of Surface Waters
Source: Darrell Harp (CLRP)
Keywords: Drainage, Legal, Surface Water
Legal Aspects of the Highway/Transportation Corridor, Its Establishment, Boundaries, Abandonment, Discontinuance and Other Factors
Source: D.W. Harp Associates, Inc., Clifton Park, NY
Keywords: Abandonment, Legal, Right-of-Way
Legal Research Digest
Keywords: Risk Management, Tort Liability
NACE Action Guide Vol. I-7: Tort Liability
Keywords: Legal, Liability, Tort
Permit to Excavate: Sample Forms
Source: Towns of Ithaca and Lansing
Keywords: Legal, Management, Permits
Real Estate Acquisition Guide for Local Public Agencies
Keywords: Acquisitions, Legal, Project Development
Ten Commandments (More or Less) for the Expert Witness
Source: Better Roads Magazine
Keywords: Expert Witness, Legal
Written Hazard Communication Program (2 sheets)
Source: John Petrie, Jefferson County Safety Officer
Keywords: Hazards, Legal, Safety, Training