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Understanding Pre-existing Supplementary Safety Measure in Legal Context
Definition & Meaning
A pre-existing supplementary safety measure (Pre-existing SSM) refers to a safety system or procedure that was established before December 18, 2003, to enhance safety at highway-rail grade crossings. These measures must have been implemented by the relevant traffic control or law enforcement authority and must comply fully with the safety requirements outlined in the applicable regulations. The effectiveness of these measures in reducing risk is evaluated according to specific criteria set forth in the relevant regulatory appendix.
Table of content
Legal Use & context
Pre-existing supplementary safety measures are primarily used in transportation law, particularly in regulations concerning railroad safety. They play a crucial role in assessing safety protocols at public highway-rail grade crossings. Legal professionals may encounter these measures in cases involving safety compliance, accident investigations, or liability claims. Users can manage related documents or forms through resources like US Legal Forms, which offers templates drafted by attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A city installed flashing lights and gates at a railroad crossing in 2002. This system is considered a pre-existing SSM because it was established before the regulatory cut-off date.
Example 2: A community implemented a stop sign and warning signs at a grade crossing in 2001. These measures qualify as pre-existing SSMs and must meet compliance standards for safety evaluation.
Relevant laws & statutes
49 CFR 222.9 outlines the definition and requirements for pre-existing supplementary safety measures. This regulation is part of the broader framework governing the use of locomotive horns at public highway-rail grade crossings.
Comparison with related terms
Term
Definition
Key Differences
Supplementary Safety Measure (SSM)
A safety measure implemented after December 18, 2003.
Unlike Pre-existing SSMs, SSMs must comply with updated regulations.
Safety Measure
Any safety system or procedure aimed at reducing risk.
Safety measures can be broader and not necessarily tied to specific regulatory timelines.
Common misunderstandings
What to do if this term applies to you
If you believe a pre-existing supplementary safety measure is relevant to your situation, consider the following steps:
Review the safety measures in place at the relevant highway-rail grade crossing.
Ensure these measures comply with the applicable regulations.
Consult with a legal professional if you have questions about compliance or liability.
Explore US Legal Forms for templates related to safety compliance and documentation.
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