AB 203

This bill provides that the manufacturer, distributor, seller, installer, or owner of a traffic control device is not liable for damages arising from the design, manufacture, distribution, or installation of a traffic control device, if the device complies with specifications established in the traffic control devices manual adopted by the Department of Transportation and and operates as intended. Under the bill, the manufacturer, distributor, seller, installer, and owner enjoy a rebuttable presumption that the traffic control device complied with the traffic control devices manual if the manufacturer, distributor, seller, installer, or owner can demonstrate that the device was designed, manufactured, distributed, and installed in accordance with the applicable standards and guidelines and that any deviations from the specifications were expressly authorized in writing by DOT or the appropriate local authorities.

Under the bill, the limitation of liability applies to any claim for personal injury, property damage, or other loss arising out of the use of a traffic control device, including claims of negligence, strict liability, and breach of warranty. The limitation of liability does not apply if the claimant establishes that the traffic control device to which the damages are attributable did not, at the time that the damages occurred, comply with the specifications established in the traffic control devices manual or operate as intended.