Guardrails are barriers on the side of the road, which prevent vehicles from going off track.
Individual states can choose which guardrails to install in highways. The guardrails' eligibility for reimbursement is then determined by the federal government.
However, not all barriers are designed the same way.
From January to October, several states banned the use of the ET-Plus rail head. These include Nevada, Missouri, Massachusetts, Virginia, Hawaii, New Hampshire, Mississippi, Oregon, Colorado, Louisiana, Connecticut, Arizona and Texas.
The ET-Plus rail head is a flat piece of steel that is placed at the front of a guardrail. It is designed to glide along the rail on impact as it pushes the railing safely out of the way.
However, Trinity Industries, the maker of the product, is said to have altered the design in 2005, yet the company failed to disclose the change to the Federal Highway Administration. Notifying the FHWA of alterations in design is mandatory.
According to state officials, the new design may not comply with the outlined safety standards and thus fail to function correctly in the event of a crash, potentially causing vehicles to be skewed. So far, the FHWA continues to approve the product for federal aid reimbursement.
The state of Virginia decided that it would remove the products of Trinity Industries after the company failed to meet a state deadline that required them to provide documentation for a new round of crash testing.
State officials mandated Trinity to submit plans for new crash testing together with additional product-related documentation of the ET-Plus last week. Trinity requested a deadline extension but was denied by the state agency.
"We can't have an unapproved product on our roadways," said Marshall Herman, a spokeswoman for Virginia's Transportation Department. "We're working as we speak on a plan for removal."
Florida State Rep. Irving Slosberg says that Florida's highway guardrails may be unsafe and that the state should perform an independent query.
"I'm just shocked they wouldn't have any kind of engineering study to find out for themselves because the buck should stop right here with our Florida Department of Transportation," said Slosberg.
In the meantime, Nebraska officials say that they will continue using the state's highway guardrail system until the FHWA advises them to stop. The ET-Plus guardrail system has been used in Nebraska's interstates and freeways since 2005.
While the guardrails have been involved in 107 accidents and three deaths, the state's Roads Department has no solid proof that the system failed to serve its function.
The Alaska Department of Transportation, meanwhile, is reviewing the state's use of the guardrail system following the controversial judgment of almost $1 billion that was charged against the manufacturer last week.
Trinity was found liable for fraud against the government and was given a verdict that will cost the company $175 million. By Texas law, the amount will be trebled to $525 million. Trinity plans to appeal.
