ITE Journal July 2018 - 17

Canons of Ethics
SECTION 1: The member will have due
regard for the safety, health and welfare of
the public in the performance of professional duties.
SECTION 4: The member will express
an opinion on a professional subject
only when it is founded on adequate
knowledge and honest conviction.
SECTION 10: The member will indicate
to employer or client the adverse consequences to be expected by overruling
professional judgment.
SECTION 11: The member will guard
against conditions that are dangerous or
threatening to life, limb, or property on
work for which the member is responsible,
or, if not responsible, will promptly call
such conditions to the attention of those
who are responsible.

Discussion
The County is required to comply with
the state-adopted Manual on Uniform
Traffic Control Devices that establishes
the provisions for speed zoning on public
roadways. The County Engineer based his
recommendations on the following facts
and experience:
* Speed characteristics of the road users.
* Lack of any notable collision problems.
* Consideration of an enforceable speed
limit.
* No roadway features or usage that supports a lower speed consideration.
The lower speed limit of 35 mph makes
most road users violators and can only
be attained with constant enforcement.

A history of speed enforcement has
demonstrated that limiting the speed
violations to about 15 percent is readily
acceptable to the public with good driver
compliance and easily enforceable.
The lower crash rate and lack of single
vehicle roadside collisions does not
support allegations of a safety problem.
The usage by local residents provides a
familiarity with the roadway features
compensating for any potential collisions
as demonstrated by the low crash rate.
The roadside safety issue can only be
corrected with a major project involving
additional rights of way, property
impacts, drainage improvements, and
major grading significantly impacting
the county roadway budget. The Road
Commissioners concern for liability
is a real issue that must be weighed
against road system operations and
facility improvements. It appears that the
County Engineer appropriately analyzed
the roadway operations, considered the
safety and welfare of the road users,
and provided adequate support of his
recommendation.
The Engineer and Sheriff should
recognize that the Road Commissioners
have the authority and responsibility to
make these kinds of decisions for the
road agency. Since the Road Commissioners are persistent in their decision
to lower the speed limit, the County
Engineer should consult with the County
Sheriff and offer a 3-to 6-month trial
period for the lower speed limit. The
offer being that if the speed characteristics remain relatively unchanged with
increased enforcement, then the speed
limit should be reposted at the statutory
50 mph speed limit.

Conclusion:
1. The County Engineer acted on adequate
knowledge and honest conviction, met
all the adopted standards and accepted
practices for speed zoning and found
no additional considerations that would
warrant a lower speed limit.
2. The County Engineer reviewed the crash
history that provided no factual basis on
roadside collision incidents that merit
restrictive speed measures so the public
safety and welfare has been adequately
addressed.
3. It was appropriate for the County
Engineer to advise the Road Commissioners of the impact of their decision,
the expected low driver compliance and
potential citizen feedback with increased
enforcement. itej
Note: The above discussion and opinions
are based on the data submitted and do not
necessarily represent all of the pertinent facts
when applied to a specific case. The opinions
are for educational purposes only and should
not be construed as expressing ethical opinions
of individuals. The discussion and opinions
do not represent the opinion of the Institute of
Transportation Engineers nor do they represent
decisions of the ITE International Board of
Direction. The Committee for the Ethical
Forum: W. Hibbett Neel Jr., P.E., James L. Pline,
P.E., PTOE, Jeremy R. Chapman, Ph.D., P.E.,
PTOE, JD, and Richard F. Ryan, P.E.

This information is not intended or offered as legal advice. The advice and/or situations presented in this column are for illustrative purposes only. Always consult your legal counsel before taking any actions or
making any decisions that would require legal input. No person should act or fail to act on any legal matter based on the contents of this column.
w w w .i t e.o r g

J u ly 2018

17


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Table of Contents for the Digital Edition of ITE Journal July 2018

ITE Journal July 2018 - Cover1
ITE Journal July 2018 - Cover2
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