AMBIGUITIES and LEGAL ISSUES (Minnesota)

8818 Subp. 7. Pounds per foot. "Pounds per foot" means the weight of a one-foot portion, measured vertically, of the mailbox support.

169.072 Subd. 2. Standards; rulemaking. The commissioner shall by January 1, 1993, adopt rules that provide for standards and permissible locations of mailbox installations and supports on a street or highway. The commissioner shall base the rules substantially on federal highway administration regulations or recommendations, or other national standards or recommendations regarding the location and construction of safe, breakaway mailbox installations or supports. In adopting the rules, the commissioner shall consider the safety of the traveling public relative to the convenience and expense of owners of nonconforming mailbox installations or supports. The commissioner may provide for alternative standards to allow variances from the rules.

Practically all Minnesota mailbox supports for the past decade have been a variance and substandard by national NCHRP 350 requirements, by Stewrdship Agreement, AASHTO guidelines, etc.

Support Structure A system used to support a sign panel, chevronpanel, luminaire, utility lines, mailbox, or emergency call box. The system includes the post(s), pole(s), structural elements, foundation, breakaway mechanism if used, and accompanying hardware used to support the given feature.

8820.0100  Subp. 2a. Agency agreement. "Agency agreement" means an agreement between a city, county, or other governmental unit and the commissioner by which the city, county, or other governmental unit may appoint the commissioner as the agent, with respect to federally funded projects, to accept and receive federal funds made available for projects and to let contracts or provide oversight to city, county, or other governmental unit contracts, in accordance with law for the construction or improvement of local streets or roads or other construction projects.

STEWARDSHIP AGREEMENT - OPERATING PROCEDURES - Non-NHS projects administered through Mn/DOT’s State Aid for Local Transportation Group (SALT) in partnership with local agencies will be designed, constructed, operated, and maintained in accordance with State laws, regulations, directives, safety standards, design standards, and construction standards, in lieu of many Title 23 U.S.C. requirements (23 CFR 625.3). Title 23 U.S.C. requirements that are applicable to all Federal-aid projects include, but are not limited to, transportation planning, procurement of professional services, Davis-Bacon wage rates, advertising for bids, award of contracts, use of convict produced materials, Buy America Act provisions, and other requirements (see Appendix C). All non-NHS projects must comply with all non-Title 23 U.S.C. requirements.

MNDOT received the the letter from Mr. Baxter, FHWA, dated December 15, 2005, clearly stating that the Minnesota/MINNCOR design requires testing in order to be used. As of September 19, 2006 Counties have an understanding that only Federal projects cannot use these. I believe this is in err and  violates the Stewardship Agreement and more. It also jeopardizes Federal Funding and public safety.

Misinterpretation of the meaning of  "Local Road" by some Highway Engineers is causing illegal mailbox supports to be installed yet.

Rural local road system

The rural local road system should have the following characteristics: (1) Serve primarily to provide access to adjacent land; and (2) provide service to travel over relatively short distances as compared to collectors or other higher systems. Local roads will, of course, constitute the rural mileage not classified as part of the principal arterial, minor arterial, or collector systems.

MNDOT employees of authority, Nancy Yoo and Douglas Differt wrote the Memo dated May 25, 2006 interpreting Mr. Baxter's letter approving and possibly mandating Wrongful Mailbox Support Installations in Minnesota. I believe FHWA Funding cannot pay for "Convict Produced Materials" nor can FHWA FUNDS be used for non-tested devices that have not met NCHRP 350 testing, standards and acceptance. Roadside devices must be tested, meet NCHRP 350 criteria of crashworthiness and this information forwarded to FHWA with a signature. Accountability is a must! The Mr. Baxter memo also spoke to the need for further testing for the chain design to be used. Minnesota roadside are littered with non-compliant mailbox supports that get r3edesigned on the fly by project engineers without regard the NCHRP 350 standards, testing or the device being CRASHWORTHY. Here is the language used by Nancy Yoo and Douglas Differt that I believe may be causing wrongful liability for property owners and Travelers and Minnesota taxpayers.

"The prohibition does not apply to: - state funded contracts. - non-construction contracts (routine maintenance or operational contracts) funded by FHWA. - Federal-aid construction projects located on local roads or rural minor collectors."