AGO 1996-172.

Case DateApril 04, 1996
CourtAlabama
Alabama Attorney General Opinions 1996. AGO 1996-172. 1996-172April 4, 1996Honorable J. E. Turner Member, House of Representatives District No. 102 P. O. Box 787 Citronelle, Alabama 36522 Roads, Highways and Bridges - Counties - Rules and Regulations - Construction Discussion of design standards that counties are required to follow on highway construction and maintenance.Dear Representative Turner: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION Are there state laws other than _ 23-1-80, Code of Alabama 1975, which govern highway design standards for counties in Alabama? FACTS AND ANALYSIS According to your request, some counties in Alabama spend considerably more money per mile than other counties on the construction and maintenance of county roads. Section 23-1-21.2(6) states: "The director, acting alone or through, and in cooperation with local entities, is hereby delegated the authority to: . . . "(6) Develop and promulgate such rules and regulations as are determined necessary to insure compliance with federal laws and regulations." The Alabama Department of Transportation (ALDOT) has adopted under its guidelines for operation certain design standards in accordance with the above-stated authority, as follows: "All plans, specifications, and estimates (PS & E's) must conform to the appropriate edition of AASHTO's 'A Policy on Geometric Design of Highways and Streets' (Green Book). PS & E's that are developed utilizing the English system of measurement shall conform to the 1990 edition of the 'Green Book'. PS & E's that are developed utilizing the metric system of measurement shall conform to the 1994 edition of the 'Green Book'. Deviations from controlling criteria in this policy will require the processing of design exceptions. "Design exceptions for each project shall be reviewed by the Division Engineer and submitted to the Design Bureau Chief for his review and further processing as deemed appropriate." These AASHTO (Green Book) standards for design are required by the ALDOT whenever federal funds are utilized on any highway project unless an exception is made by ALDOT as described above. Section 23-1-40(g) states: "The highway department shall determine the character and have the general supervision over the construction and maintenance of all the public...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT