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Understanding the Pre-existing Modified Supplementary Safety Measure
Definition & Meaning
A pre-existing modified supplementary safety measure (Pre-existing Modified SSM) refers to a safety system or procedure related to highway-rail grade crossings. Specifically, it is a system that was installed before December 18, 2003, by the relevant traffic control or law enforcement authority. While it is listed in appendix A of the regulations, it does not fully comply with the established safety standards. This term is important for understanding the safety protocols in place at these crossings, particularly those that may not meet current regulations but were operational prior to the cutoff date.
Table of content
Legal Use & context
The term "pre-existing modified supplementary safety measure" is primarily used in transportation law, particularly in regulations governing railroad safety. It is relevant in cases involving public safety at highway-rail grade crossings, where compliance with safety standards is critical. Legal professionals may encounter this term when assessing liability in accidents or when evaluating safety compliance. Users may find it beneficial to utilize legal forms related to traffic safety and compliance, which can be accessed through platforms like US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A city has a railroad crossing equipped with lights and gates that were installed in 2002. While these systems provide some safety measures, they do not meet the latest federal standards. This crossing would be classified as having a pre-existing modified SSM.
Example 2: A rural area utilizes a warning sign system for a grade crossing that was set up in 2001. Although it is recognized as a safety measure, it lacks the updated technology required by current regulations, qualifying it as a pre-existing modified SSM.
State-by-state differences
Examples of state differences (not exhaustive):
State
Variation
California
Strict enforcement of updated safety measures at all crossings.
Texas
Allows for certain pre-existing measures to remain in use if deemed safe.
Florida
Regular reviews of safety measures, with potential upgrades mandated.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Supplementary Safety Measure
A safety system that meets current standards.
Pre-existing Modified SSMs do not fully comply with current standards.
Safety Measure
Any system designed to enhance safety at crossings.
Pre-existing Modified SSMs are specific to those installed before 2003 and may not meet current standards.
Common misunderstandings
What to do if this term applies to you
If you are involved in a situation related to a pre-existing modified SSM, consider the following steps:
Review the safety measures in place at the highway-rail crossing in question.
Consult local regulations to understand compliance requirements.
Use US Legal Forms to find templates for safety compliance documentation if needed.
If the matter is complex or involves potential liability, seek professional legal advice.
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Not fully compliant with current safety standards.
Relevant to highway-rail grade crossings.
Involves local traffic control or law enforcement authorities.
Key takeaways
Frequently asked questions
It is a safety system related to highway-rail crossings that was installed before December 18, 2003, but does not fully comply with current safety standards.
You can check with local traffic authorities or review safety documentation for that crossing.
Assess the safety measures in place and consult local regulations. You may also want to seek legal advice if necessary.