1.5 Manual of Practice

Given the absence of statutory guidelines for the practice of surveying and the presence of a commitment to maintain a commendable level of practice, there is a need for an outline of standard practice in the profession, i.e. a Manual of Practice.
The Profession of Land Surveying
The Manual is concerned with land surveying as a profession. Land surveying has been given the dignity of being called a profession by law. But the law does not define profession; it does not state the basis for calling it a profession; and it does not characterize professionalism.
In general, a profession is (i) an occupation requiring specialized knowledge or skills, acquired by formal education, informal training and practical experience, (ii) the business of providing a range of services applying these skills, and (iii) the aggregate of all those engaged in the business, but principally those licensed in the practice and therefore in responsible charge.
The licensing of a profession is undertaken by the state to protect the health, safety and welfare of the public. Licensing bestows on the professional a public trust that extends not just to the client, but to all those affected by the services. That trust is to carry out the protective obligations of the state in the practice of the profession.
Professionalism is the manner in which the profession carries out this public trust. It is carried out as a service to the public. Although a professional practice is a business, its principal aim is not the personal gain of the practitioner, nor that of the client. Its aim is the impartial application of the specialized knowledge and skills of the profession. The primary duty of the professional surveyor is to be true to the demands of the practice. Conscientious fulfillment of these demands cannot help but inspire public confidence.
Standard Practice
The focus of the Manual is the way in which most surveyors practice the profession most of the time; this way of practicing is generally called "standard practice". The guidelines of this Manual are, therefore, not the highest possible standards nor are they the absolute minimum standards for the profession. Rather, they express the level of practice that can generally be expected of practitioners. Although the way in which individual practitioners perform the work may vary according to their proficiency and efficiency, the procedures they employ in the performance of the work are fairly uniform among practitioners of the same competence working under similar circumstances.
The guidelines presented in this Manual are therefore valid for all licensed land surveyors in the Commonwealth of Pennsylvania, not just for members of the Pennsylvania Society of Land Surveyors. Land surveyors that are not members of the Society may not consider themselves subject to such guidelines, but they practice the profession no differently than members. By the same token, members cannot be held subject to different guidelines by virtue of membership.
The Pennsylvania Society of Land Surveyors does not have legal authority to impose or power to enforce these guidelines. Adherence to them is strictly voluntary. But, in the best interest of the profession, it has assumed the moral authority to urge all practitioners, members and non-members alike, to excellence in their practice.
Rules Governing the Practice
The guidelines presented in this Manual are best described as rules of reason. They are rules, which any reasonable Professional Land Surveyor would follow of his own initiative, or can reasonably be expected to follow once they are made known.
These rules can be distinguished from rules of law according to their source, and from rules of construction according to their purpose. The rules of law are taken from judicial rulings, whereas the rules presented herein are derived from the well considered application of the knowledge and skills of the profession. The rules of construction govern the correct retracement of boundary lines, whereas the rules presented herein govern the orderly performance of the work.
The rules presented in this Manual are of two kinds, divided according to their coerciveness. Some are obligatory; others only discretionary. The first kind are stated in imperative terms, namely, "shall"; the second only in normative terms, "should". Deviation from the first kind is unprofessional, while deviation from the second kind may only be imprudent.
The rules are supplemented by commentaries containing either explanations or illustrations of the rules, or directions for implementing them. The commentaries are more specific than the rules, and are intended to clarify or amplify the instance.
Use of the Manual
The Manual is intended to be a guide to the standard practice of the profession of land surveying. It can serve as a handy reference for determining compliance or non-compliance with professional requirements in various phases of the practice and for various types of survey. The phases are: coming to an agreement (Section 3), searching the evidence (Section 4), making and adjusting measurements (Section 5), monumentation (Section 6), providing a record of the survey (Section 7), and problematic boundaries (Section 8). Other types of surveys permitted to the land surveyor are, broadly speaking, mapping and engineering related surveys (Section 9). As a guide to standard practice, the Manual can be used as an aide in preparing contractual agreements.
The Manual is not intended to supplant individual judgment and so-called local standards. Each survey is unique, and each surveyor must apply his knowledge and skills as he sees fit. Although compliance with the guidelines may make the practice more uniform throughout the state, the guidelines should be modified to accord with practices peculiar to a given area.
This Manual is not intended to be a basis for disciplinary action or for criminal or civil prosecution. However, practitioners should be aware that non-compliance with any of the rules presented in this Manual may expose them to such action or prosecution. Nonetheless, a complaint against a practitioner must be examined in light of the practitioner's contractual agreement with the client, not simply by reference to the rules stated in this Manual.
Commentary:
1.5 (c) (3) Both kinds of rules are only guidelines. Compliance with both is conditional on the contractual agreement with the client. Not all rules apply all the time - only those relevant to the contracted functions. By entering into a contract, the practitioner commits himself to perform certain functions. Some other functions may or may not be performed without breach of duty. Hence, the two kinds of rules.
1.5(d) As a guide to standard practice, the manual may also make practitioners aware of actions that could result in a complaint against them. Historically, by far the most complaints have cited unprofessional conduct, perhaps because they can make reference to the code of ethics. Apart from practicing without a license, the second most frequent complaint is malpractice, and the third is negligence. Incompetence is a distant fourth. The best precaution against malpractice and negligence, however, is a level of care that meets or exceeds the norm, or standard practice.