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Traffic Railing: Legal Insights and Definitions You Need to Know
Definition & Meaning
Traffic railing refers to a type of barrier system installed along the sides or medians of highways. These barriers are designed to prevent vehicles from leaving the roadway and to enhance safety. According to federal regulations, a traffic railing must have at least 35 percent of its vertical height open to free space. This requirement ensures that the barrier does not obstruct sound measurements in noise assessment areas. It is important to note that any posts or supports that hold up the railing are not counted when determining the open space.
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Legal Use & context
Traffic railings are primarily relevant in the context of transportation law and highway safety regulations. They are often discussed in legal settings involving compliance with federal noise emission standards and highway safety regulations. Legal professionals may encounter issues related to traffic railings in civil cases, particularly those involving accidents or noise complaints. Users can manage related legal processes, such as filing noise complaints or accident claims, using templates provided by US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A highway in a suburban area installs traffic railings to prevent vehicles from veering off the road into nearby residential properties. The railings meet the federal requirement of having 35 percent open space for noise measurement.
Example 2: A traffic railing in an urban setting is involved in a noise complaint case where residents argue that the barriers obstruct sound from the highway. The case references the 35 percent open space requirement to assess compliance. (hypothetical example)
Relevant laws & statutes
Traffic railings are governed by federal regulations, specifically 49 CFR 325.5, which outlines the requirements for highway traffic barriers in relation to noise emission standards. This regulation is part of the broader framework for transportation safety.
Comparison with related terms
Term
Definition
Key Differences
Traffic Barrier
A general term for any structure that prevents vehicles from leaving the roadway.
Traffic railings are a specific type of traffic barrier with open space requirements.
Guardrail
A type of barrier designed to absorb the impact of vehicles and prevent them from crashing into hazardous areas.
Guardrails typically do not have the same open space requirements as traffic railings.
Common misunderstandings
What to do if this term applies to you
If you are involved in a situation related to traffic railings, such as a noise complaint or an accident, consider the following steps:
Review the relevant regulations to understand your rights and obligations.
Gather evidence, such as photographs or witness statements, if you are involved in a legal matter.
Explore US Legal Forms for templates that can help you file complaints or claims.
If the situation is complex, consult with a legal professional for tailored advice.
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