In a PPP, the private sector is expected to maintain safe operations of the facility, as regulated by the contract terms. Again, the public is concerned that the private sector will not provide proper maintenance to increase profit, leading to unsafe conditions. This argument is countered by the notion that private investors are encouraged to provide safe conditions to attract users (Buxbaum and Ortiz 2007) and to avoid liability.
Law enforcement services on highways are typically provided by police and paid by the state DOT or public toll authority. In a PPP these services can still be provided by the state, but paid by the private concessionaire, as was stipulated in the Texas SH-130 contract.
Safety concerns also relate to design standards that pro-vide safe operation on these facilities and whether these are enforced and met in a PPP project. The 407 ETR in Toronto has been criticized for adhering to only minimum highway safety standards, not only after it opened to traffic in 1997, but also after it was leased to private investors (Mylvaganam and Borins 2005; Wikipedia 2008). According to the Ministry of Transportation, compared with the 407 ETR, publicly owned facilities typically exceed highway safety standards.