working group enforcement & liability materials

C O U N C I L O F T H E D I S T R I C T O F C O L U M B I A

COMMITTEE ON TRANSPORTATION & THE ENVIRONMENT M A R Y M . C H E H , C H A I R

BICYCLE & PEDESTRIAN WORKING GROUP: ENFORCEMENT & LIABILITY

Enforcement 1. Consolidate Traffic Control Officers in MPD Traffic Safety Branch ............................ 2 2. Training of Non-MPD Law Enforcement Agencies ....................................................... 2 3. Enforcement Data .......................................................................................................... 2 4. Increased Enforcement of Illegal U-Turns .................................................................... 2 5. Reduce Crashes Involving Large Trucks ....................................................................... 2 6. Speed Enforcement ........................................................................................................ 3 7. Response to Repeat Violators ........................................................................................ 3 8. Enforcement of Vehicles Failure to Give Right-of-Way ............................................... 3 9. Signalized Intersections ................................................................................................. 4 10. Distracted Driving ......................................................................................................... 4 11. Reduce/Eliminate Impaired Driving ............................................................................. 5 12. Reduce/Eliminate Dangerous Driving ........................................................................... 5 13. Revise Penalties for Aggressive Driving ....................................................................... 6 Liability 14. Strict Liability ................................................................................................................ 6 15. Presumed Fault and Vulnerable Users ......................................................................... 6 16. Remediation Program .................................................................................................... 7 17. Traffic Camera Video for Crash Victims ....................................................................... 7 18. Unmarked Crosswalks ................................................................................................... 7 19. Distracted While Crossing the Road ............................................................................. 7 20. Closed Sidewalks and Crosswalks ................................................................................. 7 Attachments A. Strategies to Reduce Collisions Involving Large Trucks B. Strategies to Reduce Collisions Caused by Impaired Drivers C. Strategies to Reduce Aggressive Driver-Related Crashes

1 3 5 0 P E N N S Y L V A N I A A V E N U E , N . W . , S U I T E 1 0 8 W A S H I N G T O N , D C 2 0 0 0 4

Enforcement 1. Consolidate Traffic Control Officers in MPD Traffic Safety Branch Traffic safety enforcement is split between two governmental agencies. DDOT deploys Traffic Control Officers (TCO) District-wide to direct traffic for the smooth and safe operation of city streets. They provide enforcement and traffic control services to reduce congestion and increase safety for all road users. TCOs can issue citations for minor traffic violation and parking infractions, but cannot issue citations for major public safety violations or make arrests. In addition to their other duties, MPD uniformed officers provide traffic safety law enforcement city-wide with full arresting authority. However, MPD lacks a fully dedicated division of traffic safety enforcement officers. Spring and fall traffic safety enforcement campaigns are carried out District-wide, along with small enforcement efforts, by uniformed officers under the direction and supervision of the Traffic Safety Bureaus leadership. This arrangement does not prioritize traffic safety enforcement as a year-round effort as would a fully committed division of officers. The District should consider consolidation of the TCO program into MPD or the creation of a dedicated traffic safety division within MPD. Revenue from the automated enforcement program could be used to fund the traffic safety division. 2. Training of Non-MPD Law Enforcement Agencies MPD officers are learning the new laws for bicycling and walking through increased training. However, there are dozens of other law enforcement agencies in the District that may be dispatched to traffic crashes. The knowledge and experience of non-MPD officers in their handling of crash response or District-specific traffic law can be greatly varied. MPD should coordinate with their federal patterns on traffic safety enforcement. 3. Enforcement Data The District should collect data on a bi-annual basis for enforcement measures conducted in the name of bicycle and pedestrian safety. This data should include a break down by race, neighborhood, disability (if any), and gender. The District should review the data on a regular basis to ensure that new or existing policies are not adversely affecting select neighborhoods or particular groups of residents. Additionally, the District should engage with the broader community before any additional enforcement measures are implemented to elicit feedback, concerns, support, and potential alternatives. 4. Increased Enforcement of Illegal U-Turns The District should increase enforcement of illegal U-turns, especially on Pennsylvania Avenue. U-turns through a dedicated bike lane place bicyclists at great risk of being struck. The District should consider beginning camera enforcement of illegal U-turns in this area. 5. Reduce Crashes Involving Large Trucks Between 2009 and 2013, there were 10 fatalities and 273 serious injuries related to crashes involving large trucks. Similar to the Minnesota Relevant Evidence Law, the District should implement Civil Weight Enforcement. This would enable MPD to enter facilities that record weight transactions and serve civil penalty notices to violators. The District should also review the fines and penalties for distracted driving and operating vehicles above the approved load limit. The District should also consider the recommendations contained in the Strategic Highway Safety Plan (Attachment A).

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6. Speed Enforcement Vehicle speeds have a significant effect on pedestrian safety. The risk of pedestrian death begins to escalate rapidly once a driver exceeds 25 mph and, at the same point, the drivers field of vision begins to narrow. Unless designated otherwise on a specific street, the Districts speed limit is 25 mph. But many streets have higher limits, some have lower limits (generally or at specific times), and MPD does not always enforce at the actual speed limit. For example, in a 25 mph zone a driver may reach 36 mph, in a 30 mph zone they may reach 41 mph before they are cited (assuming an officer or camera is present to record the speed), at which point the driver may not be able to see the pedestrian they are about to kill or injure, let alone the sign on the side of the street that might tell them they have reached a 15 mph school zone. Given the potential consequences of driver speeds over 25 mph, and its commitment to Vision Zero, Age-Friendly DC, and the moveDC goal of prioritizing pedestrian safety, the District should increase or improve enforcement for driving the actual speed limit.

7. Response to Repeat Violators There are some people and/or companies with multiple (25 or more) moving violations who either have not paid their tickets, or have paid them but continue to violate District law. Fines should not be treated as a cost of doing business (whether personal or commercial business) and the District should consider more significant action against drivers who commit multiple moving violationssuch as:

1) Escalating fines based upon numbers of offenses (perhaps including after day fining);1

2) In cases involving multiple and continuing violations of D.C. Official Code 50-2201.28, invoking the more significant criminal penalties;

3) Debarment from contracting with the District; and 4) Suspension of District business/professional license or residential parking permits.

8. Enforcement of Vehicles Failure to Give Right-of-Way From discussions with MPD officers and observation of some enforcement actions, it appears that MPD officers cannot cite drivers for failure to stop and give right of way to a pedestrian at signalized or stop sign controlled intersections. At those intersections, the driver may be cited for a traffic violation, but the citation will be for running the light or running the stop sign rather than for a violation of D.C. Official Code 50-2201.28.2 The District should ensure that the failure to give the right of way to a pedestrian may be an enforceable violation. Possible solutions include:

1) MPD should establish a pedestrian crosswalk compliance program or unit to ensure that cars yield at crosswalks.

1 http://www.theatlantic.com/business/archive/2015/03/finland-home-of-the-103000-speeding-ticket/387484. 2 D.C. Official Code 50-2201.28 may be found at http://dcdecoded.com/50-2201.28/.

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2) The District should increase the amount of traffic violations that result in injury or death. Currently, a driver receives a fine associated with the traffic violation but not for the consequences of that violation.

3) The District should make a criminal charge protecting pedestrians that is enforceable by the United States Attorneys Office.

9. Signalized Intersections According to the Strategic Highway Safety Plan, there were 2,565 serious injuries at signalized intersections from 2009 to 2013. The District should consider:

1) Increasing the fines for late payment of tickets. 2) Consider the option for driver retraining to eliminate all or some portion of fines.

These courses could be done online. 3) Encourage the public to take the retraining examination when renewing their

licenses. 4) Remedy issues related to intersections that are both signalized and unsignalized

situations where some legs of the intersection have a signal while others do not. An example of this type of intersection may be found at Nebraska Avenue and Davenport Street NW.3 This type of intersection presents safety concerns for pedestrians and obvious difficulties for MPD enforcement. The District should ensure that intersections are either signalized or unsignalized, or at a minimum should enable pedestrians and drivers to have a clear understanding of who has the right of way.

10. Distracted Driving Crashes caused by inattentive drivers are on the rise locally and nationally. The ubiquity of mobile phones and in-car entertainment systems easily distract the attention of drivers from the road. According to the Strategic Highway Safety Plan, distracted drivers received 33,603 citations from 2010 to 2012. A study by the National Highway Traffic Safety Administration determined that while talking on a hands-free phone is no more dangerous than not, any time a driver does any visual or manual subtaskslike looking for their phone or turning it on or offrisk went up considerably. About half of all hands-free phone calls involved at least on such subtask.4 The District of Columbia was a national leader by passing one of the first distracted driving laws. But, crashes caused by distraction are still an issue. The current law needs updating. For example, the current statue only applies to drivers operating a moving vehicle. Therefore, MPD does not issue tickets to drivers stopped at traffic lights who use their mobile devices. The District should prohibit the use of all mobile telephones or other

3 https://www.google.com/maps/@38.952168,-77.073752,3a,90y,199h,90t/data=!3m4!1e1!3m2!1sdwxPfZm1nwaNOWHQdYlcmg!2e0!6m1!1e1. The west and south crosswalks of the intersection are both marked, but there are no pedestrian signals on either leg. Pedestrians crossing the south crosswalk from west to east can use the vehicle traffic signals as guidance, but pedestrians crossing east to west cannot see any signal. 4 The full report may be found online at http://www.distraction.gov/downloads/pdfs/the-impact-of-hand-held-and-hands-free-cell-phone-use-on-driving-performance-and-safety-critical-event-risk.pdf.

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electronic devices while operating a moving motor vehicle, and should consider excluding any exception for hands-free devices (except in emergencies). Considering the frequency and severity of crashes caused by distracted drivers, the fine should be increased and the possibility of increased points or license suspension for multiple or egregious offenses added. Police enforcement and public education about safety risk of distracted driving must be increased. The District could further expand additional restrictions by banning all phone use by drivers within construction zones, school zones, and near crashes. 11. Reduce/Eliminate Impaired Driving Impaired driving remains a major crash risk despite reductions in its prevalence. According to the Strategic Highway Safety Plan, impaired drivers caused 53 fatalities and 265 serious injuries from 2009 to 2013. The District should consider implementing the following proposals:

1) Require civil asset forfeiture of automobile impoundment after multiple DUI convictions.

2) Include mandatory treatment programs, Administrative License Revocation, and/or mandatory license suspensions after multiple DUI convictions.

3) Create a civil offense for underage possession of alcohol. 4) Create felony charges for certain repeat offender and serious injury or death cases. 5) Consider issuing specific plates to drivers who are convicted of DUI. For example, in

Ohio, drivers with a restricted license due to a DUI conviction are issued special yellow license plates with red letters. Studies have shown that the plates result in a modest, but measurable, reduction in recidivism and enable law enforcement to pay special attention to at-risk drivers.

The District should also consider the strategies provided in the Strategic Highway Safety Plan to reduce impaired driver-related crashes (Attachment B). 12. Reduce/Eliminate Dangerous Driving The New York City Vision Zero Action Plan includes a number of items intended to reduce the prevalence of dangerous driving. The District should consider including these measures:

1) Expand the traffic violation of failure to exercise due care to provide additional enforcement tools against drivers who drive carelessly and injure pedestrians and bicyclists. Rather than a traffic infraction, the District should make this a misdemeanor crime.

2) Make it a class E felony5 for motorists who drive unlicensed or with a revoked or suspended license and kill or seriously injure someone in the process.

3) Increase the penalty for leaving the scene of a crash to match that of causing injury while under the influence of drugs or alcohol, a Class E felony.

4) Reform the point system to reevaluate point levels for dangerous driver behavior and to increase deterrent value of points. The system should ensure that the most

5 A class E felony can carry a sentence of up to 4 years imprisonment.

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dangerous offenses are punished with the most severe point values. For example, the point value connected to the failure to exercise due care should be increased.

5) Protect workers in work zones from reckless driving. The District should define a new crime of intrusion into an active work zone and create the new crime of vehicular manslaughter in an active work zone. Moreover, these new crimes should cover government employees engaged in working or inspecting work on a highway among those workers with enhanced protection against assault.

13. Revise Penalties for Aggressive Driving According to the Strategic Highway Safety Plan, aggressive drivers caused 70 fatalities and 1,540 serious injuries from 2009 to 2013. The District should consider the following proposals:

1) Implement an aggressive-driving statute. 2) Enhance penalties for repeat offenders, including higher fines, drivers license

points, immediate license suspension or revocation, probation, or jail. 3) Impose restrictions on plea agreements for aggressive driving violations.

The District should also consider the strategies provided in the Strategic Highway Safety Plan (Attachment C).

Liability

14. Strict Liability The safest countries in the world for bicycling and walking shift the burden of protecting people to the motorist. Drivers and operators of large vehicles are the road users most likely to cause serious injury or death to others. Strict liability would make a motor vehicle operator legally responsible for injury or damages caused by his or her acts. Under strict liability, there is no need to prove fault, negligence or intention on behalf of the driver or person walking or biking. In the Netherlands, the liability varies based on the error of the bicyclist or pedestrian. If the bicyclist is error-free then the damages caused by the driver to the injured bicyclist is completely covered by the drivers insurance. If the bicyclist is partially at fault, then they receive 50% of the total compensation. And, if they bicyclist intended to collide with the driver then they receive no recovery. 15. Presumed Fault and Vulnerable Users The District should consider a system with presumed fault for any driver who hits a pedestrian or bicyclist. Many European countries treat collisions with pedestrians or bicyclists this wayplacing the burden of not hitting people on the driver. There may need to be some ability for the driver to demonstrate willful misconduct on the part of the pedestrian or bicyclists, but the burden of proof should rest with the one operating the deadly force.6

6 http://mobikefed.org/2015/01/how-european-countries-handle-bicycle-pedestrian-insurance-and-liability-issues.

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16. Remediation Program Minor violations of District traffic laws come with either a fine, points on a license, or both. The opportunity to address a drivers illegal or dangerous behavior is lost with this approach. Remediation programs allow an offender to attend a short driver safety course to forgo a fine or portion of the fine. The curriculum can be designed to address common safety issues and education about new laws that pertain to safe driving in busy urban areas. Many drivers are unaware of recent traffic laws, how to operate safely around pedestrians and bicyclists and how to drive around new bicycling infrastructure. This program could be administrated by the Department of Motor Vehicles. 17. Traffic Camera Video for Crash Victims When MPD investigates a crash, they shouldas Standard Operating Procedureinform all parties involved in the crash of the existence (or possible existence) of District-owned cameras in the area. A website should be created that will quickly let anyone know the locations of all such cameras as well as example images of the cameras field of view, and the parties of the crash should be told of that website (as well as a low-tech way to access the same information). The individuals involved in the crash should also be told of a simple way to request video relevant to their crashsomething easier than FOIA, perhaps with the investigating officers assistance. 18. Unmarked Crosswalks District law requires that a driver yield the right of way to a pedestrian. It can be difficult for MPD to enforce the law when a crosswalk is left unmarked. Many people, including police officers, do not understand what an unmarked crosswalk is and associate pedestrian right of way only with the presence of markings. Consequently, the presence of unmarked crosswalks can lead to mistaken faulting of a pedestrian in a crash investigation. DDOT and MPD should determine how to best address this problemeither by marking all crosswalks or providing better educational materials to everyone involved, including officers. 19. Distracted While Crossing the Road The District should review best practices and assess the need for a Distracted Crossing the Road law.7 20. Closed Sidewalks and Crosswalks The D.C. Code currently does not define a crosswalk but does clearly acknowledge pedestrian right of way at both marked and unmarked crosswalks. The D.C. Municipal Regulations define a crosswalk as follows:

Crosswalk - that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs, from the edges of the transversable roadway; or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

7 http://www.washingtonpost.com/local/trafficandcommuting/youve-heard-about-distracted-driving-are-you-ready-for-distracted-walking/2015/05/27/864d8e40-04a4-11e5-a428-c984eb077d4e_story.html.

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DDOT often closes crosswalks and sometimes accompanies the closures with signs advising pedestrians that a crosswalk is closed. More often, however, there is no indication. These types of crosswalk closures do not appear to be consistent with D.C. Official Code 50-2201.28 or the definition of crosswalk in the regulations. Moreover, DDOTs authority to close crosswalks is not clear and at times seems dubious. An example is 22nd and I Street, NW.8 DDOT closed the east crosswalk because the agency said that it cannot construct curb ramps as required by the Americans with Disabilities Act. Although it may be appropriate for DDOT to have some very limited authority to close crosswalks, it would be helpful to incorporate the definition of a crosswalk into the statute and impose some limitations upon the authority and its delegation within DDOT.

8 https://www.google.com/maps/@38.900697,-77.048756,3a,75y,180h,90t/data=!3m4!1e1!3m2!1sduHz5HqYC0w9ZNWPC_qykQ!2e0

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ATTACHMENT

A

Final Report

District of Columbia Strategic Highway Safety Plan Update 2014

119

Table 30: CEA 4.1. Strategies to Reduce Collisions Involving Large Trucks

Strategies to Reduce Truck-Related Crashes

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Enforcement Strategies

1. Implement the DC Truck Safety Enforcement Plan:

Expand use of technologies that target commercial vehicles.

Identify high-crash corridors and initiate appropriate enforcement

interventions.

Update Truck Route map.

9 6 Medium

High

Mid

Long

Term

MPD/

DDOT

2. Increase safety compliance and strengthen the CDL program:

Increase enforcement on trucks over the legal permitted load.

Increase enforcement to reduce truck and other vehicle speeds.

Pursue aggressive identification of carriers with unsafe

practices (SafeStat), e.g., hours of service, drug and alcohol,

unqualified drivers.

Improve test administration for the CDL:

Increase fraud detection by District and third-party testers.

Improve heavy-truck maintenance:

Increase and strengthen truck maintenance programs and

inspection performance.

Conduct post-crash inspections to identify major problems

and problem condition.

10 5 Medium Short

Medium

Term

MPD/

DDOT/

DMV/

Fed. Agens.

O

3. Evaluate/Update PD-10 crash reporting form to comply with

MMUCC/SAFETYNET.

7 5 Low Short

Term

MPD O

Final Report


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4. Explore option of Civil Weight Enforcement similar to the Minnesota

Relevant Evidence Law, which would enable the MPD to go into

facilities that record weight transactions (bills of lading) and serve civil

penalties notices to violators.

7 7 Low

Mid Term MPD/

DDOT/OAG/

DMV

5. I-295 SB weigh-in-motion (WIM) site:

Increase operating hours and permanently staff existing I-295 SB

(near Blue Plains) WIM scale. Improve the WIM scale facilities:

Secure shelter.

Electronic connection to advanced signing, etc.

Smart System.

8 7 Medium Medium

Long

Term

DDOT/

MPD

O

6. For I-295 NB, consider feasibility of a fixed site weight station with at

minimum a single inspection pit.

8 7 High Long

term

DDOT/MPD

7. Identify and establish an extensive network of WIM scales at key port of

entry locations and on high commercial volume corridors to measure

compliance and help target enforcement efforts.

8 9 High Long

Term

DDOT

8. Develop and implement CVISN. 9 6 High Medium DDOT/MPD O

9. Expand Vehicle Recognition System to include CMVs on key inbound

routes.

8 7 Medium

High

Medium

Long

Term

DDOT

10. Increase the number of law enforcement officers within the motor

carrier unit to 14, to allow:

16-hour/day enforcement weekdays.

Increase safety compliance of motor carriers (ref: Enforcement

Strategy No.2).

10 7 Medium Mid

Term

DDOT/MPD

Final Report


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11. Identify new Virtual Weight Stations (VWS) and upgrade all VWS with

additional capabilities for CV monitoring:

Over-height detection system.

Radiation detection system.

Thermal imaging.

VRS.

8 7 High Long

Term

DDOT/ MPD

12. Explore and implement with the DDOT TMC, a Commercial Vehicle

Center (CVC) built around a GIS database connecting the License Plate

Reading (LPR), WIM scales and weight stations, as a central point for

data collection, information processing, and compliance monitoring

system. In addition, establish a Quality Assurance Program as well as a

CVC Center Operator:

Central locations staffed by MPD, DDOT, HSEMA, and other

relevant agencies.

9 7 Medium-

High

Mid

Long

Term

DDOT/

MPD/ DMV/

HSEMA

13. Expand the use of Automated Enforcement for size, length, height, and

weight.

8 6 Medium Mid Term MPD/ DMV/

DDOT

O

14. Review legislation:

Fines and penalties for distracted driving, vehicles above the

approved load limit, cell phone use, no seatbelt use, etc.

Reduce fines for additional retraining for certain offences (TBD).

9 6 Medium Short

Mid

Term

DDOT/

MPD/ DMV

15. Increase number of data collection points relating to truck volume data. 5 8 High Long

Term

DDOT

Final Report


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Education Strategies

1. Develop and implement CMV Outreach Program (e.g., Smooth Operator

Program):

Target specific motor camera-related radio channels and provide key

safety information.

Target Special Web site (e.g., Go DC Go) and social media and place

outreach information.

6 4 Medium Mid

Term

DDOT/

MPD

O

2. Incorporate related information into DMV driver materials about CMV

regulations and sharing the road with them

7 5 Low- Mid

Term

DDOT/

MPD

O

3. Develop information packet for specific outreach to the CMV industry (e.g.

conspicuity requirements, etc.).

7 5 Low- Mid

Term

DDOT/

MPD

O

4. Maintain/Update a comprehensive one-stop shop for all commercial vehicle

information, regulations, and processes. This could evolve into a Web portal

that used to track and monitor truck and bus carriers as well as educate the

public and industry regarding commercial buses and freight movement

throughout the city. This also can provide information for residents to

comment on issues dealing with commercial vehicles (format to be

determined based on other DDOT initiatives such as goDCgo).

6 4 Low

Medium

Short

Mid

Term

DDOT/

DMV/ MPD

O

Final Report


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Engineering Strategies

1. Implement Truck Safety Enforcement Plan for the District of Columbia 9 6 Low

Medium

Mid

Term

DDOT/

MPD

C

2. Develop the District of Columbia Freight Plan and tie this plan to the

Commercial Vehicle Safety Enforcement Plan and the SHSP.

7 6 Medium Mid

Term

DDOT O

3. Implement a comprehensive truck route signage program to facilitate safe

and efficient truck movement on designated truck routes and avoid local

streets.

9 8 High Long

Term

DDOT

4. Improve/expand overhead obstruction signage (fixed or VMS) and provide

adequate advance notice to allow drivers to make intelligent bypass

decisions.

Post height and weight restriction signage at all bridge underpasses

(low clearance).

9 8 Medium Mid

Term

DDOT O

5. Research and implement best practices at locations with high CMV crashes. 8 9 High Long

Term

DDOT/

MPD

6. Explore feasibility and implement accordingly an Enterprise Routing

System for CMVsorigin/destination system considering route limitations.

9 6 Low

Medium

Mid

Term

DDOT

7. Review the high CMV-crash corridors and develop/implement treatments

to mitigate these problems.

8 6 Medium Mid

Term

DDOT/MPD

8. Establish a key number of truck counting stations to determine truck usage

per year.

7 5 Medium Mid

Term

DDOT

9. Identify potential truck/bike conflict points and implement appropriate

mitigation measures

7 5 Medium Mid

Term

DDOT

Final Report


124

10. Explore the feasibility of a freight village/intermodal facility 7 7 Medium

High

Mid

Long

Term

DDOT

11. Explore the feasibility of truck-high priority corridors. 7 8 Medium

High

Mid

Long

Term

DDOT

12. See enforcement # 5, 6, and 7

ATTACHMENT

B

Final Report


47

Table 11: CEA 1.2. Strategies to Reduce Collisions Caused by Impaired Drivers

Strategies to Reduce Impaired Driver-Related Crashes

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1. Reduce excessive drinking and underage drinking:

Continue and expand ID compliance checks with establishments

selling alcohol (e.g., Cops in Shops).

Review best practices in other urban areas and implement new

strategies accordingly.

Establish monthly exchange of noncompliant establishment data

between MPD, ABRA, and OAG.

Partner with ABRA to enforce noncompliant establishments.

8 5 Low Short

Term

MPD/

ABRA/OAG

O

2. Enact beverage service policies:

Expand monitoring/enforcement of beverage service policies for alcohol

servers and retailers.

Retrain all ABC license holders and any staff involved in alcohol sales

every 2 years as part of license requirements.

Partner with ABRA to enforce noncompliant establishments.

8 6 Low

Medium

Short

Mid Term

ABRA/MPD/

OAG

O

3. Enforce DUI Laws:

Conduct regular, well-published DUI checkpoints.

Strictly enforce open-container and impaired-driving laws.

Enhance DUI detection through special DUI saturation patrols and

related impaired driving enforcement.

Publicize and enforce zero tolerance laws for drivers under age 21.

9 5 Low Short

Term

MPD O

Final Report


48


Le

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f Im

pa

ct

(1=

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4. Prosecute DUI offenders:

Ensure all enforcement agencies using breath-test instruments provide

updated training to OAG staff prior to system going online and on a

regular basis for all new staff.

Assess the feasibility for a common breath-test system for the District

among all enforcement agencies in the mid to long term.

7 5 Low Short

Mid Term

OAG + all

enforcement

agencies

O

5. Legislative actions:

Promote legislation to require civil asset forfeiture of automobile

impoundment after multiple DUI convictions.

Encourage stronger enforcement of impaired drivers by including

mandatory treatment programs, Administrative License Revocation

(ALR) and/or mandatory license suspensions.

Develop tools for youths engaged in underage drinking.

Create a civil offense for underage possession of alcohol. Publicize

region-wide DCs intent for strong enforcement and prosecution of DUI

offenses (also listed under Education).

Formulate legislation to create felony charges for certain repeat

offender and serious injury/death cases.

9 7 Medium Short

Term

MPD/

OAG/

DMV/

DCSC/

DOH/

PSA/

CSOSA/

DDOT

O

6. Enhance judicial process that identifies and effectively disarms offenders

with multiple DUIs:

Work with VA and MD Courts to exchange DUI conviction data in a

timely manner.

Work with OAG, DCSC, DMV, and MPD to institute an electronic system

for easily obtaining DUI past conviction data for DC-prosecuted cases.

9 7 Medium Mid

Term

OAG/

DMV/

DCSC/MPD/

Federal Courts

Final Report


49


Le

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f Im

pa

ct

(1=

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(OO

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)

7. Review/Update DUI treatment programs offered at for- and nonprofit

agencies and measure outcomes.

8 5 Low Short

Mid Term

ABRA/

DMV/

DOH/

PSA/

CSOSA

8. Expand the Traffic Safety focus at MPD:

Safety Training for all officers, retraining every 2 years (to include

refresher classes in Standardized Field Sobriety Tests).

Conduct crash investigation training for all officers, retraining every 2

years.

Review/update the online Ped/Bike training, to be:

Completed every 2 years by MPD officers.

Added to the Academy curriculum.

Expanded to include other Federal Enforcement Agencies.

ARIDE training for law enforcement agencies in the District.

Encourage DRE training for dedicated DUI enforcement officers.

Include Standardized Field Sobriety Test training in the academy.

Recommend issuing a memo to all officers on their role in traffic safety

enforcement, including accurate, timely, and consistent completion of

information on the crash forms.

9 6 Low

Medium

Mid

Term

MPD/

DDOT/

DMV/

OCME/

OAG/

Federal

Enforce.

Agency

O

9. Encourage establishing a traffic safety coordinator at DMV. 8 5 Low

Medium

Short

Term

DMV/

DDOT

10. Continue to work with hospitals to enable easier consent to blood draws and

access to medical treatment records.

9 6 Low Short

Term

DOH/ OAG/

MPD

O

Final Report


50


Le

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f Im

pa

ct

(1=

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V. H

igh

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11. Encourage screening and brief interventions in treatment centers as

standard medical practice (partner with NHTSA)

8 7 Medium Mid

Term

DOH/

Hospital

partners

12. Prosecute, impose sanctions on and treat DUI offenders:

Continue to screen all DUI offenders for substance abuse.

Review/Update legislation to effectively target high BACs and repeat

offenders in line with best practices.

10 7 Medium Mid

Term

OAG/

DMV/

DCSC

MPD

O

13. Formulate legislation to create felony charges for certain repeat offenders

and serious injury/death cases.

8 6 Medium Mid

Term

OAG

14. Provide support as needed to DCSC:

Develop Community courts aligned with Police Districts.

Provide regular traffic safety briefings/awareness.

8 6 Medium Mid

Term

DCSC

OAG/

MPD

O

15. Provide continuing support to the Traffic Safety Resource Prosecutor to:

Prosecute criminal traffic violations with particular emphasis on DUI.

Review/develop DUI-related legislation.

Conduct training.

Improve interagency communications.

9 4 Medium Short

Term

OAG/

DDOT

O

16. Increase OAG access to DUIDestiny from 3 to 5 persons. 7 6 Medium Mid

Term

OAG/

DCSC/

DMV

17. Investigate/implement new and innovative technologies:

Transdermal alcohol sensors to monitor persons involved in DUI

offenses (detect and transmit information about the wearer to a remote

sensor).

9 7 Medium Mid

Term

OAG/

DCSC/DMV

CSOSA/PSA

Final Report


51


Le

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f Im

pa

ct

(1=

V. L

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V. H

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18. Explore greater ignition interlock sanctions to include first offense. 9 7 Medium Mid

Term

DMV/OAG/

DCSC

19. Work with DPW to have impound lots open/staffed 24/7 and available to all

enforcement agencies within the District.

8 7 Low Short

Term

DPW/

DDOT/

MPD

20. Develop and implement a state-of-the-practice DUI technology vehicle for

on the road use.

9 7 Medium Short

Term

MPD/DDOT

21. Traffic Safety Resource Prosecutor (TSRP):

Continue TSRP activities in DUI (court room/litigation support,

discovery, community outreach training, etc.)

8 6 Medium Short

Term

DDOT/OAG

22. Determine the need for updating the drug screening process and reduction

of turn around time for test results.

9 6 Low Short

Term

OCME/OAG/

MPD/ DDOT

23. Work with OAG to establish additional full time employees (prosecutor and

paralegal) to improve turn around time for DUI cases.

9 6 Low-

Medium

Short

Term

DDOT/OAG


1. Develop information targeting excessive drinking and underage

drinking:

Enhance DUI awareness in youth driver-training curricula.

Implement WRAP/NHTSA law enforcement leadership summit

presentations.

Provide training to servers of alcoholic beverages to prevent patron

intoxication and alcohol-impaired driving.

7 6 Low Short

Mid Term

DDOT/MPD/

ABRA

O

Final Report


52


Le

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pa

ct

(1=

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Review best practices in other urban areas and implement new

strategies accordingly.

2. Focus education on specific audiences:

Work/coordinate with safety-related organizationsNOYS, SADD,

WABA, MADD, TIPS, etc.to spread road safety messages.

Train business owners and alcohol servers on the dangers of impaired

driving.

Work with Metro and others to emphasize and advertise alternative

transportation.

Work with corporate partners to create and/or publicize safe rides

programs.

Develop information on costs of alcohol-related crashes.

Develop and promote image of tough DUI laws and enforcement in DC

(to MD and VA commuters).

8 6 Low-

Medium

Short

Mid Term

DDOT/

ABRA/

Safety Orgs.

OAG

O

3. Develop and implement outreach campaign/s:

NHTSAs Drunk Driving, Over the Limit, Under Arrest campaign.

WRAPs SoberRide campaigns (Soberman).

7 6 Medium Short Mid

Term

DDOT O

4. Advocate implementation of mandatory SFST training for more law

enforcement officers.

7 6 Low Short

Term

Law Enforce

5. Expand and encourage cooperation between regional safety partners to

identify target enforcement locations, times, etc.

8 5 Low Short

Term

MPD/

DDOT

6. Research and investigate the relationship (if any) between alcohol price and

impaired driving and recommend appropriate strategies.

6 6 Low Mid

Term

DDOT/

MPD/OAG

Final Report


53


Le

vel o

f Im

pa

ct

(1=

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V. H

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Imp

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7. Work with local stakeholders (e.g. WRAP) on Sober Ride campaigns and

other alcohol- awareness programs in high schools.

7 5 Low-

Medium

Short

Term

DDOT/MPD/

Others


1. Advance use of technologies to reduce DUI:

Require ignition interlocks as a condition for license reinstatement.

9 5 Low-

Medium

Short

Term

DMV/DDOT/M

PD

O

2. Work with DPW to open parking impound lots for 24 hours. 7 4 Low Short

Term

DDOT/

DPW

3. Explore feasibility of adding place of last drink to crash reporting form. 7 5 Low Short Mid

Term

MPD/ DDOT

EMS Strategies

1. Prehospital professionals

Assess patient(s) and document for signs and symptoms of drug use

problems (DUPs, including alcohol), assess risk factors, and report.

Methodology, assessment tools, reporting protocols, etc., to

be developed.

7 6 Medium Mid

Term

DOH/

FEMS

2. Nurses (triage/intake):

Perform assessment using appropriate tools such as history, physical

examination, and screening tools.

Document findings of assessment, interventions, and plan of care.

Collaborate with health care team to implement interventions.

Develop communication plan of care to appropriate services.

7 6 Medium Mid

Term

DOH/

FEMS/

Hospitals

Final Report


54


Le

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f Im

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ct

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3. Physicians:

Perform assessment using appropriate tools, such as history, physical

examination, and screening tools.

Document findings of assessment, interventions, and plan of care.

Collaborate with health care team to implement interventions.

Develop communication plan of care to appropriate services.

6 7 Medium Mid

Term

DOH/

FEMS/

Hospitals

4. Advocate in the community for public education, prevention program, and

public policy, and treatment programs for DUPs.

7 5 Low

Medium

Short

Mid Term

DDOT/ ALL O

5. Participate in collaborative research, education, and data gathering to

improve the care of patents with DUPs.

6 5 Medium Mid Term DDOT/ DOH/

Hospitals

6. Attempt to create a better more cooperative relationship with law

enforcement as well as educate them about the laws relating to DUI.

Be aware of State laws and consider reporting drug-use problems in

accordance with these laws.

7 5 Low

Medium

Short

Mid Term

OAG/ MPD/

Other LEAs

ATTACHMENT

C

Final Report


39

Table 10: CEA 1.1. Strategies to Reduce Collisions Caused by Aggressive Drivers

Strategies to Reduce Aggressive Driver-Related Crashes

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1. High-Visibility Enforcement:

Target selected high-crash or high-violation geographical areas (refer

to latest DDOT speed information) using either expanded regular

patrols or designed aggressive driving patrols. Officers focus on

drivers who commit common aggressive driving actions such as

speeding, following too closely, and running red lights. Enforcement

is widely publicized.

Work with other Federal partners to support MPD efforts.

Work with DMV to share violation data in real-time.

Federal partnersNPS.

10 5 Low Short Term MPD/

DMV/

OAG/

DCSC/

Fed Enforce.

Agency

2. Organize legislature action committee to review and define aggressive

driving and determine changes to statute/s:

Review penalties and adjudication

Penalty types and levels:

Investigate and implement an aggressive-driving statue.

Consider penalty levels and types for speeding and other

aggressive driving offenses within the context of the

Districts overall driver control and problem driver

remediation system.

8 7 Low Mid Term MPD/

OAG

Final Report


40


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ct

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Repeat offenders/investigate and review.

Enhance penalties including drivers license points, immediate

license suspension or revocation, higher fines, and jail or

probation.

Improved traffic record systems to better identify repeat offenders

and allow patrol officers to immediately access a drivers complete

driving record.

Increase penalty for violations with serious consequences (e.g.,

over 25 mph posted speed limit and multiple offences within a

12-month period).

Diversion and plea agreement restriction.

Consider reduced penalty for attending traffic school.

Create aggressive driving statue.

3. Expand the Traffic Safety focus at MPD:

Safety Training for all officers, retraining every 2 years (to include

refresher classes in ARIDE, SFST, etc.).

Conduct crash investigation training for all officers, retraining every

2 years.

Review/update the online Ped/Bike training, to be:

Completed every 2 years by MPD officers.

Added to the Academy curriculum.

Expanded to include other Federal Enforcement Agencies.

ARIDE training for other law enforcement agencies in the District.

9 6 Low

Medium

Mid

Term

MPD/

DDOT/

DMV/

Federal

Enforce.

Agency

O

Final Report


41


Le

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ct

(1=

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Hig

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on

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tus

(OO

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ple

ted

)

Encourage DRE training for dedicated DUI enforcement officers.

Include Standardized Field Sobriety Test training in the academy.

Recommend issuing a memo to all officers on their role in traffic

safety enforcement, including accurate, timely, and consistent

completion of information on the crash forms.

4. Technology and Enforcement on high-speed corridors:

Automated EnforcementExpand use of cameras for controlling red-

light running, speeding, crosswalk violations, STOP-sign violations,

etc.

10

5

Medium

Mid Term MPD

5. Investigate and determine the use of new technologies (examples):

Laser speed-measurement equipment (provide more accurate and

reliable evidence of speeding).

Stationary LIDAR.

Evaluate pilot program in a selected high-speed corridor.

8 6 Medium Long Term MPD/

DDOT

6. Established a Web-based scheduling system with DMV to inform MPD

about hearings.

7 4 Low to

Medium

Mid Term DMV/MPD


1. Conduct educational and public information outreach campaigns:

Educate roadway users on the dangers of aggressive driving and rules

of the roads (e.g., Smooth Operator campaign).

Sponsor a District-wide conference on road safety (to include

aggressive driving issues/conflicts).

7

5 Medium Mid Term DDOT Other

DDOT and

Federal

Agency

Final Report


42


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2. Develop materials and target education to specific populations/locations:

Repeat offenders.

Driving schools.

High schools/Universities.

Young adult social sites.

7 7 Medium Mid Term DDOT/DMV

3. Ensure driver education instructors incorporate aggressive driving traits,

factors, and risks into lesson plans:

Pursue certification process for driver training schools

5 4 Low

Medium

Mid Term DMV

4. Review/update, as necessary, the DMV Driver Manual and Test materials

to ensure they contain information on aggressive driving.

6 4 Low Short Term DMV


1. Provide real-time information to drivers to keep motorists informed of

roadway conditions and delays to allow them to make appropriate

decisions:

Expand the network of changeable message signs.

Expand Web site/s (e.g., information to the motorist on work zones).

7 4 Medium Mid Term DDOT

2. Manage traffic impacts from highway work zones to reduce delays

approaching and within the work areas.

7 5 Low Mid Term DDOT

3. Coordinate traffic signals and improve signal timing, especially along

heavily traveled corridors, to reduce vehicle delay and driver frustration.

8 5 Medium Mid Term DDOT

4. Identify corridors to focus on aggressive driving Engineering Strategies. 8 7 Low Short Term DDOT

5. Provide access to crash and violation data in real time. 8 6 Medium Mid Term MPD/DDOT/

DMV/Others

SHSP Attachments.pdfFY15 Spending PlanDDOT SHSP - October 2014

working group enforcement & liability materials

Documents

c o u n c i

c h e h

s u i t e

s h i n g t o n

v e n u e

enforcement data

speed enforcement

p e n n s y