Broken storm drain grates causing automobile accidents.
Posted in the Arkansas Forum
#1 Mar 23, 2013
There are two categories of these those made of cast iron and those made of mild steel modified to comply with ADA standards. This post is mainly about the modified ones. ADA law specifies that any storm drain grate that can trap a wheel chair wheel is illegal. Municipalities have been welding extra bars on the grates to prevent this. I have located grates on highway 71B and highway 62 where the bars on these are coming loose each one of these can puncture an automobile tire. This is fairly rare so there is an incompetent in the maintenance department. http://www.flickr.com/photos/78934859 @N04/8093781711/in/photostream / There is some confusion as to who is responsible for maintaining these grates. Federal law states the county surveyor shall be responsible for the location and maintenance of all roads in the county and is the highest authority on the interpretation of road laws outside of congress. This is the first state that I have been to that does not have county surveyors. It is usual for me to get the run around from officials when I try to get these fixed however in this case nobody knows. It is probable these have already caused accidents. The police officer on the scene has the duty to locate the cause of an accident merely stating road debris is not sufficient. Allowing these to remain unfixed is insurance fraud on the part of the municipalities. It will take a lawsuit to get these fixed. Note that welding bars on an existing grate is illegal since the grate no longer complies with The ASTM which certifies which utilities are strong enough for road use and which roads they are allowed on highways have a higher standard than residential roads or parking lots. The second category is storm drain grates made out of cast iron. These already comply with ADA law however they are breaking catastrophically. This poses far more danger to to a motorcycle that an automobile. I have photos of these that have failed even though they are no in the path of a wheel. I'm going to try to force a nation wide recall on these. I have tried to get these fixed the state police and the state department of transportation have ignored my emails. The city of Springdale has also refused to fix these.
#2 Mar 25, 2013
http://www.flickr.com/photos/78934859 @N04/8591181886/in/photostream This one is already broke and doomed to cause an accident more evidence of incompetence of the highway departments.
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