Engineering law


Engineering law is the study of how engineering ethics and legal frameworks are adopted to ensure public safety surrounding the practice of engineering.
California law defines engineering as "the professional practice of rendering service or creative work requiring education, training and experience in engineering sciences and the application of special knowledge of the mathematical, physical and engineering sciences in such professional or creative work as consultation, investigation, evaluation, planning or design of public or private utilities, structures, machines, processes, circuits, buildings, equipment or projects, and supervision of construction for the purpose of securing compliance with specifications and design for any such work." By comparison, New York and Ontario law uses life and health in their definitions. Ontario defines engineering as the "planning, designing, composing, evaluating, advising, reporting, directing or supervising that requires the application of engineering principles and concerns the safeguarding of life, health, property, economic interests, the public welfare or the environment, or the managing of any such act."
California law makes public protection paramount. The legislative intent is that protection of the public shall be the highest priority of the Board for Professional Engineers in California.
Engineering is a controlled activity in North America. The practice of engineering is largely separated from that of a natural scientist or a technician by engineering law and education. A semiconductor physicist and an electrical engineer practicing at a large company are mainly differentiated by the laws under which they practice and the licenses they carry, affecting the work they take legal responsibility for. The law varies from state to state but an engineer is likely to have to take legal responsibility for an engineering work. The immunity afforded to an unlicensed person whose work is reviewed and approved by a licensed professional engineer is absolute. Engineers are held to a specific legal standard for ethics and performance, while a natural scientist or technician is not. Governments and the public trust engineers because their qualifications and experience are regulated by an engineering board and they are subject to disciplinary measures for professional misconduct or negligence, such as fines or suspension of license.

Professional competencies

In North America, four years of engineering education and four years of professional experience are common requirements before being licensed as an engineer.
16–40 hours of update training per year are also generally required for a licensed engineer to continue to practice, to ensure they stay current with hard skills such as relevant codes, standards and technology. Engineering communications, engineering management and other soft skills are also popular training for practicing engineers.

Key topics

Key topic areas for engineering law are:
In the United States of America and Canada engineering is governed by state or provincial legislation. In Qatar engineering is governed by national legislation.
  • In New York, engineers are governed by Article 145 of the Education Law.
  • Pennsylvania has the Engineer, Land Surveyor and Geologist Registration Law. Act of May 23, 1945 P.L. 913, No 367 Cl 63.
  • Vermont Title 26 Professions and Occupations Chapter 20 Professional Engineering.
  • New Hampshire Section 310-A.
  • Massachusetts M.G.L. Chapter 112, Sections 81D to 81T, M.G.L. Chapter 112 Sections 61 to 65E and 250 CMR 5: Professional Practice.
  • Michigan law regulating and licensing engineering is under Article 20 of Public Act 299 of 1980.
  • Illinois Statutes lists Professions, Occupations, And Business Operations Professional Engineering Practice Act of 1989.
  • Maine General Provisions ; State Board of Licensure ; Licensure
  • Wyoming Title 33 Professions and Occupations; Chapter 29 Surveyors and Engineers
  • Florida Administrative Code Chapter 61G15 Board of Professional Engineers Organization; Florida Statutes Chapter 471 – Engineering; Chapter 455 – Professional Regulation
  • Ontario passed the Professional Engineers Act, R.S.O. 1990, Chapter 28 and R.R.O. Regulation 941: General.
  • Alberta Engineering and Geosciences Act; Revised Statutes of Alberta 2000 Chapter E-11.
  • California Professional Engineers Act; Business and Professions Code; 6700 - 6799; Chapter 7.
  • Arkansas lists the Engineer Law
  • New Brunswick Chapter 9; Engineering and Geoscience Professions Act; Assented to June 5, 2015
  • Washington Chapter 18.43 RCW Engineers and Land Surveyors
  • Alaska Statutes Title 8 Chapter 48. Architects, Engineers, Land Surveyors, and Landscape Architects
  • 2010 Georgia Code Title 43 Professions and Businesses Chapter 15 Professional Engineers and Land Surveyors.
  • The State of Texas Title 6 Subtitle A Chapter 1001 Engineering Practice Act and Rules Concerning The Practice of Engineering and Professional Licensure
  • Saskatchewan Chapter E-9.3 of the Statutes of Saskatchewan, 1996 as amended by the Statutes of Saskatchewan, 1997, c.S-6.01; 2000, c.43; 2009, c.T-23.01; 2010, c.B-12 and c.19 and 20; 2013, c.C-21.1; 2014, c.E-13.1; and 2018, c.42.The Engineering and Geoscience Professions Act
  • Manitoba C.C.S.M. c. E120 The Engineering and Geoscientific Professions Act
  • Idaho Engineers and Surveyors Idaho Code, Title 54, Chapter 12
  • New Jersey State Board of Professional Engineers and Land Surveyors Law
  • Wisconsin Statutes Chapter 443 Examining Board Of Architects, Landscape Architects, Professional Engineers, Designers, And Professional Land Surveyors
  • Nova Scotia Engineering Profession Act Chapter 148 Of The Revised Statutes, 1989 amended 2006, c. 29; 2008, c. 15; 2009, c. 13; 2010, c. 15.
  • Prince Edward Island E-08-1 Engineering Profession Act
  • Maryland Title 14 Business Occupations and Professions Professional Engineers
  • Connecticut Chapter 391 Section 20-299 to 20-310 Professional Engineers and Land Surveyors
  • Delaware Tittle 24 Professions and Occupations Chapter 28. Professional Engineers
  • Virginia Regulations Governing Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects, Statutes Title 54.1, Chapter 4 Excerpts from Title 13.1
  • West Virginia Code Chapter 30 – Professions And Occupations Article 13 - Engineers
  • North Carolina General Statutes Of North Carolina Chapter 89C. Engineering And Land Surveying
  • South Carolina Chapter 22 Engineers and Surveyors; Chapter 49 Department of Labor, Licensing and Regulation South Carolina State Board of Registration for Professional Engineers and Land Surveyor
  • Alabama Law Regulating Practice of Engineering and Land Surveying; Code of Alabama 1975, Title 34, Chapter 11
  • Mississippi Code of 1972; Title 73 Professions and Vocations Chapter 13 Engineers and Land Surveyors
  • British Columbia Engineers and Geoscientists Act Chapter 116
  • Quebec chapter I-9 Engineers Act
  • Newfoundland Statutes of Newfoundland and Labrador 2008 Chapter E-12.1 An Act Respecting The Practice Of Engineering And Geoscience
  • Louisiana Laws; Revised Statutes; Title 37; Chapter 8 – Professional Engineering and Professional Surveying
  • State of Oklahoma Statutes Regulating Professional Engineering and Land Surveying; 475
  • Qatar, Law No. 19 of 2005 Regulating the Practice of Engineering Professions
  • Hong Kong Institution of Engineers Ordinance

    Intent of engineering laws

It is illegal for a practicing engineer to jeopardize public safety in any way. This means that an engineer must hold herself or himself to the highest level of technical and moral conduct reasonable or suffer litigation if an engineering system fails causing harm to the public, including maintenance technicians. Breaches of engineering law are often sufficient grounds for enforcement measures, which may include the suspension or loss of license and financial penalties. They may also include imprisonment, should gross negligence be shown to have played a part in loss of human life.
An engineering license provides the public with the assurance that qualified persons are doing or overseeing engineering work. An unlicensed worker or manager has no specific liability, as this is borne by the employer through tort law or engineering legislation, and there is no regulatory authority to enforce that good engineering practice is applied in relation to the work.
In cases of gross negligence, an engineering firm may not be considered vicariously liable for an individual engineer's offence.

Disciplinary committees

California law dictates disciplinary proceedings by the Board for Professional Engineers, Land Surveyors and Geologists against a licensed engineer who has committed deceit, misrepresentation, negligence or a violation of contract. The Professional Engineers of Ontario have a disciplinary committee that hears complaints of professional misconduct and incompetence.
A discipline committee may suspend a certificate of authorization for an engineering corporation, an engineering license or issue a fine for violations of the local engineering legislation for professional misconduct, deceit, misrepresentation, negligence or violation of contract.
Engineers may appeal the regulatory discipline committee's verdict in a divisional court depending on the jurisdiction.