Dykema PPT.pdf

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Liability Issues – Public Sector(Cont’d)Public sector (Cont’d)• Federal Tort Claims Act (“FTCA”)– Government waives immunity except for“discretionary functions”– Waiver allows suits under state’s tort law(but no strict liability)– “Discretionary function” – conduct (a)involving element of judgment or choice,and (b) based on public policyconsiderations25
Liability Issues – Public Sector(Cont’d)• Federal Tort Claims Act (“FTCA”) (Cont’d)– “Discretionary function” exception protectswide range of governmental conduct (e.g.,planning, designing, choices amongalternatives, etc.)– Does not protect conduct in conflict withstatute, regulations, policies– May not apply where government takesdiscretionary action, but later actsnegligently– “a morass of conflicting cases....”All states use some form of discretionaryfunction approach; varies widely by state26
Page 1 and 2: THE “CONNECTED VEHICLE” -REGULA
Page 3 and 4: Introduction (Cont’d)Key question
Page 5 and 6: Introduction (Cont’d)Assumption
Page 7 and 8: Overview - Federal Regulation(Cont
Page 9 and 10: “VII” Illustrative Use CasesV2V
Page 11 and 12: Current USDOT CVT Status:V2V is lea
Page 13 and 14: Backover Avoidance (Cont’d)NHTSA
Page 15 and 16: Challenges for CVT Safety Regulatio
Page 17 and 18: Regulatory Challenges (Cont’d)Sec
Page 19 and 20: Other Transportation (Non-MotorVehi
Page 21 and 22: Rail - (Cont’d)• 2005 - FRA iss
Page 23 and 24: Liability Issues - Private Sector(C
Page 25: Liability Issues - Public SectorPub

Dykema PPT.pdf

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