Hurricane Sandy is now all but confirmed to hit the NYC Metro area Monday night, October 29th. The Transit system has begun preparations since Thursday. A lot is involved in preparation for a major, potentially catastrophic storm.
In the Bus Depots, we prepare for before, during, and after the storm. Some of the things that we look at very early in the planning process are;
Do we have enough personnel available to provide service before, possibly during, and after the storm. Will personnel be able to make it in. Should we keep a percentage of personnel on hand at the locations to restore service quickly if it is curtailed? Do we have enough personnel to provide both regular route service and evacuation services if necessary?
Do we have enough fuel. Are the back-up generators working? Are the sewer and drain lines free and clear and able to handle the massive amounts of water expected? Has the facility been made safe for personnel to remain on the property. Any potential "flying" debris secured?
Are clear lines of communication established and working between the Command Center Situation Room and all the necessary agencies such as OEM, NYPD, and PORT AUTHORITY. Were the previous storms performance critiqued and reviewed. Is all personnel familiar with the current storm processes and plan?
Has known flooding locations taken required steps to secure equipment to higher ground? Are back up cellular phones in place? Are we prepared to operate a few days without power and consistent communications?
These questions have been long thought of months before the upcoming storm. Now the plans and drills practiced go into place. Hopefully, the storm will not be as bad as the weather forecasts predict. But if the worst occurs, we will be ready to "move" people safely, assist as emergency responders, while protecting our equipment and personnel in the process. We are ready. Lets roll!
This is a blog about managing transit operations, with special attention to bus operations. Discussion and the exchange of ideas are encouraged!
Saturday, October 27, 2012
Monday, February 20, 2012
Not At Fault, However Preventable Collision
Many bus operators and transit managers are confused about at-fault versus preventable collisions/accidents.
In general, bus operators are considered professional drivers as CDL holders, and held to a higher standard of performance.
As a manager who has held hundreds of accident hearings, I've heard "but it was not my fault" over and over; even though I've explained that even though a collision may be 100% not at fault it may still be preventable.
A review of some excerpts below will clarify the differences between a non-fault versus preventable collision/accident. An clear understanding of the principles below are essential for any transit manager involved in the collision/accident review process.
Statements of exoneration are generally based on legal responsibility without respect to the definition of preventability used in these Safe Driver Award Rules. Consequently, a careful study must be made of all conditions to determine how the employee in question contributed to the situation by acts of omission or commission.
Unless thorough investigation indicates that employee in question could not have avoided involvement, by reasonable defensive driving practice, the following types of accidents will be regarded as PREVENTABLE
Squeeze plays causing involvement with parked cars, pillars, and other structures, can be prevented by dropping back when it is apparent that the other driver is forcing the issue or contesting a common portion of the road.
For example, if the opposing vehicle was in a passing maneuver and your driver failed to slow down, stop, or move to the right to allow the vehicle to re-enter his own lane, he has failed to take action to prevent the occurrence. Failing to signal the opposing driver by flickering the headlights or sounding the horn should also be taken into account.
Emergency action by the company driver to avoid a collision that results in passenger injury should be checked to determine if proper driving prior to the emergency would have eliminated the need for the evasive maneuver.
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In general, bus operators are considered professional drivers as CDL holders, and held to a higher standard of performance.
As a manager who has held hundreds of accident hearings, I've heard "but it was not my fault" over and over; even though I've explained that even though a collision may be 100% not at fault it may still be preventable.
A review of some excerpts below will clarify the differences between a non-fault versus preventable collision/accident. An clear understanding of the principles below are essential for any transit manager involved in the collision/accident review process.
A
GUIDE TO DETERMINE ACCIDENT PREVENTABILITY
(Excerpts from NSC via
http://www.ped.state.nm.us/div/fin/trans/dl/adjudicate.pdf )
DEFENSIVE
DRIVING
Concept of Defensive Driving--the ability to avoid
accidents in spite of the wrong actions of the other driver and in spite of
adverse driving conditions.
STANDARD
OF PERFORMANCE
Accidents involve so many different factors that it is
impossible to set hard and fast rules to classify them preventable or
non-preventable. Each member must make this determination. In making these
decisions, a member will answer the question "What standard of safe
driving performance do we expect of our drivers in this company?" If a
company is lenient, it condones a mediocre standard of safe driving
performance. Drivers respect a strict interpretation of the rules so long as
the company takes the time and effort to insure that these interpretations are
made consistently and impartially. The following paragraphs are offered as a
guide in determining the preventability of accidents.
ACCIDENTS
INVOLVING MORE THAN ONE COMPANY DRIVER
When two or more vehicles of a fleet enrolled in the Safe
Driver Award program are involved in the same accident, each driver may be
charged with a preventable accident regardless of which one was primarily
responsible for the occurrence. Although two or more employees may be riding on
the same vehicle, a preventable accident will be charged only against the
person operating the vehicle.
WITNESS
STATEMENTS
Each driver involved in an accident usually contributes
to it in some degree. If the "other driver" admits he was at fault,
it usually only means that he sees how he contributed to the situation.
Admission of being at fault by the "other driver", a record of the
"other driver" being cited for a traffic violation and witness or
police statements of exoneration for the company driver are not, in themselves,
conclusive evidence to adjudge an accident "non-preventable." It is
likely that the member driver contributed to the situation in some manner.Statements of exoneration are generally based on legal responsibility without respect to the definition of preventability used in these Safe Driver Award Rules. Consequently, a careful study must be made of all conditions to determine how the employee in question contributed to the situation by acts of omission or commission.
Unless thorough investigation indicates that employee in question could not have avoided involvement, by reasonable defensive driving practice, the following types of accidents will be regarded as PREVENTABLE
INTERSECTIONS
It is the responsibility of professional drivers to
approach, enter and cross intersections prepared to avoid accidents that might
occur through the action of other drivers. Complex traffic movement, blind
intersections, or failure of the "other driver" to conform to law or
traffic control devices will not automatically discharge an accident as
"not preventable." Intersection accidents are preventable even though
the professional driver has not violated traffic regulations. His failure to
take precautionary measures prior to entering the intersection are factors to
be studied in making a decision. When a professional driver crosses
intersection and the obvious actions of the "other driver" indicated
possible involvement either by reason of his excess speed, crossing his lane in
turning, or coming from behind a blind spot, the decision based on such
entrapment should be PREVENTABLE
BACKING
Practically all-backing accidents are preventable. A
driver is not relieved of his responsibility to back safely when a guide is
involved in the maneuver. A guide cannot control the movement of the vehicle;
therefore, a driver must check all clearances for himself
FRONT-END
COLLISIONS
Regardless of the abrupt or unexpected stop of the
vehicle ahead, your driver can prevent front end collisions by maintaining a
safe following distance at all times. This includes being prepared for possible
obstructions on the highway, either in plain view or hidden by the crest of a
hill or the curve of a roadway. Overdriving headlights at night is a common cause
of front-end collisions. Night speed should not be greater than that which will
permit the vehicle to come to a stop within the forward distance illuminated by
the vehicle's headlights.
REAR-END
COLLISIONS
Investigation often discloses that drivers risk being
struck from behind by failing to maintain a margin of safety in his own
following distance. Rear-end collisions preceded by a roll-back, an abrupt stop
at a grade crossing, when a traffic signal changes, or when your driver fails
to signal a turn at an intersection, should be charged PREVENTABLE
Failure to signal intentions or to slow down gradually
should be considered PREVENTABLE.
PASSING
Failure to pass safely indicates faulty judgment and the
possible failure to consider one or more of the important factors a driver must
observe before attempting the maneuver. Unusual actions of the driver being
passed or of oncoming traffic might appear to exonerate a driver involved in a
passing accident; however, the entire passing maneuver is voluntary and the
driver's responsibility.
BEING
PASSED
Sideswipes and cut-offs involving a professional driver
while he is being passed are preventable when he falls to yield to the passing
vehicle by slowing down or moving to the right where possible.
LANE
ENCROACHMENT
A safe driver is rarely a victim of entrapment by another
driver when changing lanes. Similarly, entrapment in merging traffic is an
indication of unwillingness to yield to other vehicles or to wait for a break
in traffic. Blind spots are not valid excuses for lane encroachment accidents.
Drivers must make extra allowances to protect themselves in areas of limited
sight distances.Squeeze plays causing involvement with parked cars, pillars, and other structures, can be prevented by dropping back when it is apparent that the other driver is forcing the issue or contesting a common portion of the road.
GRADE
CROSSINGS
Collisions with fixed rail vehicles, such as trains,
streetcars, etc., occurring at grade crossings, in traffic, in a rail yard,
switch area, or on private property are the responsibilities of the
professional driver to prevent. When a vehicle is parked across a rail siding,
the driver must first determine if it is safe and permissible and, furthermore,
must stand by in case conditions change by the movement of rail cars during the
parking interval.
OPPOSING
VEHICLES
It is extremely important to check the action of the
company driver when involved in a head-on or sideswipe accident with a vehicle
approaching from the opposite direction. Exact location of vehicles, prior to
and at the point of impact, must be carefully verified. Even though an opposing
vehicle enters your drivers' traffic lane, it may be possible for your driver
to avoid the collision.For example, if the opposing vehicle was in a passing maneuver and your driver failed to slow down, stop, or move to the right to allow the vehicle to re-enter his own lane, he has failed to take action to prevent the occurrence. Failing to signal the opposing driver by flickering the headlights or sounding the horn should also be taken into account.
TURNING
Turning movements, like passing maneuvers, require the
most exacting care by a professional driver. "Squeeze plays" at the
left or right turns involving other vehicles, scooters, bicycles, or
pedestrians are the responsibility of the driver making the turn. Failure to
signal, to properly position the vehicle for the turn, to check the rearview
mirrors, to check pedestrian lanes, or to take precautionary action from
tip-offs from the other vehicle immediately preceding the incident. U-turns by
your driver that result in a collision are PREVENTABLE.
PASSENGER
ACCIDENTS
Passenger accidents in any type of vehicle are
preventable when they are caused by faulty operation of the vehicle. Even
though the incident did not involve a collision of the vehicle, it must be
considered preventable when your driver stops, turns, or accelerates abruptly.Emergency action by the company driver to avoid a collision that results in passenger injury should be checked to determine if proper driving prior to the emergency would have eliminated the need for the evasive maneuver.
PEDESTRIANS
Traffic regulations and court decisions generally favor
the pedestrian hit by a moving vehicle. An unusual route of a pedestrian at
mid-block or from between parked vehicles does not necessarily relieve a driver
from taking precautions to prevent such accidents. Whether speed limits are
posted or the area is placarded with warning signs, speed too fast for
conditions may be involved. School zones, shopping areas, residential streets,
and other areas with special pedestrian traffic must be traveled at reduced
speeds equal to the particular situation. Bicycles, motor scooters and similar
equipment are generally operated by young and inexperienced operators. The
driver who fails to reduce his speed when this type of equipment is operated
within his sigh-distance has failed to take the necessary precautions to
prevent an accident. Keeping within posted speed limits is not taking the
proper precaution when unusual conditions call for voluntary reduction of
speed.
WEATHER
Adverse weather conditions are not a valid excuse for
being involved in an accident. Rain, snow, fog, sleet, or icy pavement have
never caused an accident. These conditions merely increase the hazards of
driving. Failure to adjust driving to the prevailing weather conditions, or to
"call it a day" when necessary, should be cause for deciding an
accident preventable. Failure to use safety devices such as skid chains,
sanders, etc., provided by the company, should be cause for a preventable
decision when it is reasonable to expect the driver to use such devices.
ALLEYS,
DRIVEWAYS, AND PLANT ENTRANCES
Accidents involving traffic originating from alleys,
driveways, plant entrances, and other special interesting locations should be
carefully analyzed to determine what measures the professional driver might
have taken to avoid the occurrence. Failure to slow down, sound a warning or to
yield to the other driver, can be considered cause to judge such an accident
preventable.
FIXED
OBJECTS
Collisions with fixed objects are preventable. They
usually involve failure to check or properly judge clearances. New routes,
strange delivery points, resurfaced pavements under viaducts, inclined
entrances to docks, marquees projecting over traveled section of road, and
similar situations are not, in themselves, valid reasons for excusing a driver
from being involved. He must be constantly on the lookout for such conditions
and make the necessary allowances.
PRIVATE
PROPERTY
When a driver is expected to make deliveries at unusual
locations, construction sites, etc., or on driveways not built to support heavy
commercial vehicles, it is his responsibility to discuss the operation with the
proper authorities and to obtain permission prior to entering the area.
PARKING
Unconventional parking locations, including double
parking, parking, failure to put out warning devices, etc. generally constitute
evidence for judging an accident preventable. Rollaway accidents from a parked position normally should
be classified preventable. This includes unauthorized entry into an unlocked and
unattended vehicle, failure to properly block wheels or to turn wheels toward
the curb to prevent vehicle movement.
MECHANICAL
FAILURE
Any accident caused by mechanical failure that reasonably
could have been detected by the driver, but went unheeded should be judged
preventable. It is the driver's responsibility to report unsafe vehicle
conditions for repairs and to immediate repairs where continued operation might
result in an accident. When mechanical difficulties occur unexpectedly during a
trip, and a driver upon discovery, fails to check with his company for
emergency instructions prior to an accident, the accident is preventable.
An accident caused by mechanical failure that results
from abusive driving should be considered PREVENTABLE
NON-COLLISION
Many accidents, such as overturning, jack-knifing, or
running off the road, may result fromemergency action by the driver to preclude
being involved in a collision. Examination of his
driving procedure prior to the incident may reveal speed
too fast for conditions, or other factors. The company driver's actions prior
to involvement should be examined for possible errors or lack of defensive
driving practice.
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