SUPPLEMENT TO PERSONAL LIABILITY OF STATE HIGHWAY DEPARTMENT OFFICERS AND EMPLOYEES

State highway departments and transportation agencies have a continuing need to keep abreast of operating practices and legal elements of specific problems in highway law. This report supplements and updates a paper in Volume 4 of "Selected Studies in Highway Law," entitled "Personal Liability of State Highway Department Officers and Employess," pp. 1835-1868-S9. The last supplement to this paper was published in December 1980. This supplement represents an update of the law on that topic to 1988. The contents of this report are as follows: introduction; removal of obstructions from roadway as discretionary activity; repair of potholes and like defects as discretionary activity; decision-making with respect to installation of signing as discretionary activity; immunity as determined by policy considerations; immunity of public officials as derivative from immunity of State; effect of State constitutional provision incorporating the Doctrine of Sovereign Immunity; failure to cut vegetation obscuring signing; and appendix.

• Record URL:
  • http://onlinepubs.trb.org/onlinepubs/nchrp/docs/nchrp_lrd_4.pdf
• Supplemental Notes:
  • Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved.
• Corporate Authors:

  Transportation Research Board

  500 Fifth Street, NW
  Washington, DC  United States  20001
• Authors:
  • Vance, J C
• Publication Date: 1988-12

Media Info

• Media Type: Digital/other
• Pagination: 9 p.
• Serial:
  • NCHRP Legal Research Digest
  • Issue Number: 4
  • Publisher: Transportation Research Board

Subject/Index Terms

• TRT Terms: Employees; Highway law; Highway maintenance; Highway safety; Legal immunity; Liability; Personnel; State departments of transportation
• Old TRIS Terms: Discretionary powers; Officials
• Subject Areas: Highways; Law; Maintenance and Preservation; Society; I10: Economics and Administration;

Filing Info

• Accession Number: 00479235
• Record Type: Publication
• Files: TRIS, TRB
• Created Date: Jan 31 1989 12:00AM