Maximum Allowable Scores

Those with all three highway types 210

Those with 55 mph freeways and 55 mph non-freeways 176

Those with only 55 mph freeways and 65 mph freeways 138

Those with only 55 mph freeways 75

These scores are the result of the compliance formula. An adjustment is allowed for speedometer variability, sampling vari-ability, and equipment error.

Beginning in FY '94, states not complying with the formula were subject to the transfer of funds as a penalty for non-compliance. Each state is required to have a speed monitoring plan in accord-ance with the Speed Monitoring Program Procedural Manual. This plan requires each state to have a number of speed monitoring stations. Non-compliance is penalized by a transfer of federal highway aid funds from highway construction projects to Section 402 funds (highway safety projects). This transfer will be 1.5 percent of the funds apportioned to the state, and these funds must be used for safety programs with an emphasis on speed enforce-ment. However, if a state's fatality rate is 20 percent below the national fatality rate, this factor can be used by the secretary to reduce the amount of transferred funds.

The IACP Position

This legislation has been the subject of debate between the states and the federal government. The IACP and others have taken positions in opposition to this legislation. The IACP feels that in some instances the NMSL has diverted enforcement resources from other roads with higher death tolls and from even greater traffic safety hazards such as the drunken driver. The IACP officially favors a reasonable national maximum speed based on actual hazards, and favors incentive payments to states that exceed the minimum requirements, rather than the penalty transfer approach.

Another criticism has been that the 55 mph urban interstate limits are unrealistic in some locations because they depend on population figures rather than on road and traffic hazards. Various studies seeking to prove that the 55 mph limit has had a long-term positive effect on highway safety have come up with mixed results. Given the present federal law, however, more than local considerations are at stake whenever a police administrator considers a speed enforcement program, because a state has much to lose by not complying with the federal law and regulations. The administrator, therefore, must always implement speed enforcement programs with an eye to these federal mandates.

There also should be tickler files for the recertification of radar and LIDAR units and formal maintenance procedures.

Officer Training

The initial officer training can be conducted by the manufacturer of the unit to qualify officers as instructors. If a new mode or unit is being used, the manufacturer should agree to be available for court testimony in order to obtain case law on the unit as a valid measure of speed detection. In addition to manufacturers' guidelines, police departments should supplement this with their own training. NHTSA publishes a textbook entitled Basic Training Program In Radar Speed Measurement for both instructors and trainees. Other publications are also available to assist with instruction. It is important not only that the device is appropriate for speed enforcement, but that officers are qualified to use the units properly.

Purchase Guidelines

Purchasing guidelines for speed detection devices must take price, reputation, and service into account. Government purchasing and bid laws will also influence the purchase. All units purchased should be on the IACP Consumer Products List. Individual needs also must be taken into account. One department may want a padded radar dashboard unit because of safety considerations, while another might want the unit with the top painted white to reflect heat. Each of these concerns needs to be negotiated with the company representative.

You may also wish to contact other police departments in the area to find out what units they are using and to determine if a larger purchase will affect the price. Mounting considerations in the new police vehicles may also dictate the type of unit that can be purchased. A department should try to obtain a unit or two for a trial basis so that line officers can comment on the units that they prefer.

Advantages and Disadvantages of Different Speed Enforcement Devices

Speedometer.
One of the least expensive and readily utilized methods of speed enforcement is using the patrol vehicle speed-ometer to do clocks; however, this method can only be used in the moving mode. It can be used in any type of weather and terrain and during any light conditions. The speedometer must be calibrated regularly and must be used responsibly. This method is somewhat subjective because it is done by pacing. It is recommended that pacing be done for at least two-tenths to one-half mile, at a speed at which the violator's vehicle is gaining just slightly on the officer. When a speeding car is detected and the clock is completed, the vehicle should be pulled over. A violator should not be followed for miles in an attempt to determine his maximum speed. Since one of the purposes of speed enforcement is to make the roads safer, this is not accomplished by allowing a speeding vehicle to continue in a hazardous manner for long distances. Traffic conditions, weather, and terrain may make a good clock difficult. Some jurisdictions have statutes that prohibit driving at a speed greater than reasonable, or careless driving, which may apply. If an officer is a good observer and can document that the vehicle passed all other vehicles, screeched tires while turning, jumped while going over bumps in the roadway, and exhibited other indications of speed, convictions can be obtained.

Radar.
Radar is the most widely used and accepted speed detection device. The costs vary. A reliable unit may be purchased for under $2,000. These types of units have many advantages: they can be used in a stationary or moving mode, are available in a hand-held variety, and give both audio and visual indications of speed. Since the units are highly accurate and reliable, they are widely accepted in court. The units can be stored in a carrying case and moved from vehicle to vehicle. If a department has several, they should devise an internal marking scheme to keep all the units accounted for and maintain the certifications with the proper unit. One disadvantage of radar units is that, unless the operators have been properly trained, the wrong motorist can be cited for speeding. Radar has a wide beam combined with a range of three-fourths of a mile or more. Because the devices are not target-specific, but rely on the operator for accuracy, they are more difficult to use in congested traffic areas. Training can help officers use radar in congested traffic areas but it will be more difficult than using it in less congested areas.

LIDAR.
LIDAR or laser units have some distinct advantages over radar but have their own disadvantages. LIDAR units are expen-sive when compared to radar—approximately $4,000 to $5,000 each. The units are target-specific: The vehicle aimed at is the vehicle detected. Unlike radar devices, these units are immune to electrical interference, such as that from car fans. LIDAR units work well in city environments and on heavily traveled roadways. The disadvantages of LIDAR units are that they must be used in a stationary and hand-held mode. Their range is approximately 1,200 feet. This technology is not accepted in all courts. Once the technology receives judicial notice it should receive general acceptance in the courts. Rain and fog reduce a laser's range as well. When debating the purchase of radar or LIDAR devices, the issue is not that one is better than the other; each complements the other and are suited for its own purpose.

Average Speed Computers.
The use of average speed computers is also worthy of consideration. It emits no beams and can be used in all weather and traffic conditions. It is target-specific and can be used in a moving or stationary mode. Some consider this a better measurement of speed, since it measures average speed over the target area, rather than maximum speed, as do other devices.

The disadvantage of the average speed computer is that it is permanently mounted in the patrol car. Reaction time by the operator could affect the determination of speed, although proper training can resolve this problem. If any error occurs in the operation of the unit, it should be to the benefit of the offender. Since some jurisdictions use fixed sites, roadways may need to be marked by the highway department.

Aircraft enforcement uses the same basic formula that average speed computers use, but the measurement is usually accomplished by a certified stopwatch or a computer. The main advantage to this method is that it is very difficult to detect. Research by the Maine State Police has indicated that the actual productivity of combined ground/air enforcement exceeds those of ground enforcement units alone, and that aircraft enforcement is actually a very efficient means of apprehending violators. In addition to the extra manpower required on the ground, aircraft enforcement has other disadvantages. The roadways must be marked and the area must also be free of any obstructions so as not to interfere with the identification of any suspected violator.

A police department will probably not purchase an aircraft solely for the purpose of apprehending speeders. The initial cost to pur-chase and then maintain an aircraft are expensive—one of the main disadvantages of using aircraft. More likely, traffic enforcement is one of many duties for which an aircraft will be used. Traffic enforcement is only one facet of the total mission for an aircraft.

Finally, this method requires additional officers for court testimony. Some agencies will attempt to limit the necessity to have aircraft crews testify in court by having officers from the ground accompany the pilot so they can testify when the case comes to court.

Photo Radar.
Photo Radar uses the same technology as other radar units but can be used at both manned and unmanned loca-tions. It is effective if set up properly and can also be used to photograph traffic light violators. The potential for detection is enormous since the violators are not stopped, but a permanent record is made of each for processing later. Photo radar is controversial because of the photographs and privacy issues. Vehicles must have front license plates so that both vehicle and driver can be photographed. A rear plate method can be used if driver identification is not required. This method may need legislation to make speeding charges the civil responsibility of the owner of the vehicle. Although photo radar is technically sound, it may not be accepted by the community because a police officer is not operating the unit for each target vehicle. This method also does not allow any personal contact by the police officer who otherwise could exercise discretion by considering special circumstances, such as family emergencies or medical problems, that may cause an individual to speed. While some might view this as a disadvantage, photo radar advocates would argue that officer discretion is not uniformly or fairly administered. Photo radar eliminates any arguments about the speed of the vehicle from the discussion between an officer and the violator at the scene of an arrest and moves this discussion to an administrative or court hearing. Some feel that since the photo radar does not discriminate that this method is the most fair type of speed enforcement that exists. This method does eliminate the possibility of finding other violations of law such as carrying of contraband, or stolen property. Other offenses such as driving with a suspended license or without registration, or even driving under the influence are not discovered using this type of technology.

Collision Investigation

Too often today, police agencies fail to investigate traffic collisions because of a lack of personnel and a shift in priorities. When this happens, we fail to “protect and serve” as we should.

Purposes of Investigating and Reporting Collisions

Ideally, a collision should be both investigated and reported. Police administrators must be mindful of the purposes of investigating and reporting. The ultimate purpose is to make our roads and highways safe. More immediate purposes are to combat criminal activity, promote safety, and ensure just results in civil litigation.

Detecting At-Fault Drivers

Although investigation frequently reveals who is primarily responsible for the collision, sometimes technical reconstruction is required. The at-fault driver can be charged with the violation(s) that caused the crash and, if convict-ed, can be punished or given remedial driver training. If the number of previous violations is sufficient for suspension of the driver's license, the individual can be taken off the road. If every collision is not investigated as a matter of policy, many individuals who should be charged will slip by and may become involved in other, possibly fatal, crashes.

Detecting Incompetent Drivers

A crash may be caused by a driver's physical or mental deterioration through illness or age. The investigator can request retesting to determine if that individual can still drive safely, if restrictions should be imposed on him, or if his driving privilege should be suspended or revoked. In the absence of an investigation, such a driver would continue to be a highway menace.

Apprehending Criminals

Finally, the crash vehicle may be stolen or being used for an unlawful purpose—transporting drugs or even abducting a kidnap victim. If the crash is not investigated, the stolen vehicle or contraband might never be recovered nor the abducted person rescued. The driver may be evading arrest or recapture. If injured in the crash, the driver may be unable to flee and can be apprehended by the officer arriving at the scene. Without an investigation, these criminal acts might not be discovered and penalized, thereby causing the deterrent value of our laws to be eroded and making enforcement more difficult.

Motor Vehicle Homicides

Vehicles have been used to cover up or carry out a homicide. A body lying on the road and showing signs of having been run over by a vehicle may look like an ordinary hit-and-run, when actually the victim was murdered earlier in some other location by some other means. A driver found at the bottom of a gorge pinned behind the steering wheel may appear to have fallen asleep and driven off the roadway, whereas he was really bludgeoned unconscious, buckled loosely into place behind the wheel, the accelerator pedal jammed in open throttle position and the selector lever pulled into DRIVE to send the vehicle over the brink. To the unpracticed eye, the injuries from the beating might be mistaken for those received from the impact of the vehicle with the bottom of the gorge. The victim's death may have resulted not from the previous blows but from internal injuries at impact. Unless such so-called “accidents” are thoroughly and critically investigated, sometimes with the help of a forensic pathologist, the foul play might not be discovered, and the perpetrators might get away with their crime.

Uninsured and Unlicensed Drivers

The above purposes of collision investigation are the most familiar to the public. Such cases are highlighted regularly on television and in the newspapers. Yet, other purposes that may not receive any publicity are essential to traffic enforcement and contribute toward making our roads safer. An investigation may reveal that the driver has no liability insurance coverage or a valid license. A victim suffering property loss, injury, or death of a family member may find it costly, difficult, or impossible to receive compensation, without the findings of a collision investigation.

Defective Equipment

Equipment problems also cause collisions. The crash vehicle may be uninspected and have a leaky exhaust system or worn brake linings or pads. It may not meet the design and equipment standards mandated by law. This is especially important for heavy commercial vehicles, whose greater size and weight make them especially formidable in a crash; or for a taxi or bus, whose deficiencies can expose many riders to injuries or even death. Without an investigation, such vehicles might not be taken off the road.

Vehicle Design Defects

Investigations may uncover problems in the design of the vehicle or equipment. It may be prone to roll overs, have its fuel tank located where it is particularly vulnerable, or come equipped with tires susceptible to failure when underinflated. With no policy requiring the investigation of every collision, such findings might never come to light or be recorded; inherently dangerous designs would never be corrected. When the reports and the statistics do not support the charges, a record of the investigations of all crashes gives manufacturers a means to defend against wrongful accusations of faulty product design.

Roadway Defects

An investigation can reveal problems with the roadway design or conditions, or with traffic control devices. Such problems may have contributed to similar accidents in the past and continue, unless reported to the Department of Transportation. How many times have drivers skidded off a wet pavement while negotiating an incorrectly banked curve, or sideswiped a car when attempting a last-second lane change on a highway with confusing or awkwardly placed turn arrows, or an exit sign hidden by an overgrown shrub? Insurance Settlements. Unrelated to safety but important to those affected, an investigation can provide a means for civil litigation to help the aggrieved parties recover just compensation, and establish a basis for insurance companies to determine payments for property damage, personal injury, medical expenses, and disability. A perceptive, well-trained officer will detect crashes that have been staged to bilk insurance companies—a crime now of such proportions that it adds substantially to the cost of insurance for every motorist. If law enforcement settles for a filed report based solely on a telephone conversation between the desk sergeant and the driver, insurance fraud will flourish.

Collision Reporting

A collision should be properly investigated by a qualified officer; it is also important to file a standard accident report for every collision. These reports allow the federal and state governments and law enforcement agencies to compile statistics to assess objectively the effectiveness of police traffic enforcement. The concept of selective traffic law enforcement rests on data that shows the violations that actually cause serious crashes, and the locations and times when they are most likely to occur. These statistics also help the police gauge the level of enforcement within each area of their jurisdictions, beef up high collision areas, and move units from one location to another as required. Insurance companies use these statistics to sort collisions by sex, age, location and demographics, to aid in setting rates.

Levels of Investigation

The severity and circumstances of a collision will determine the proper level of investigation. In their order of complexity, the levels are usually called at-scene investigation, advanced (techni-cal) investigation, and reconstruction.

At-Scene Investigation

Basic to any collision is an at-scene investigation. Ideally, the first responding officer will conduct this and file a standard accident report. Certain evidence, such as incipient skid marks or temporary view obstructions (a vehicle parked on the shoulder at the time of the crash), tend to be short-lived. The sooner they are recorded, the better. But the officer's first task is to make the collision scene safe and prevent a second accident. Traffic must be immediately redirected by means of cones and flares. Next, the officer must care for the injured, summoning a rescue unit if needed, and then observe and record facts pertaining to the collision. These include all measurements, such as the length of tire marks and the final rest positions of collision vehicles and bodies from permanent reference points; the drag factor of the roadway surface; view obstructions; the condition of the collision vehicles, including lamps and tires; the condition of the roadway, traffic signs and signals; and the weather and environmental conditions (daylight or nighttime). A field sketch should be made to show the direction of travel of the vehicles and the location of all relevant objects. To document damage, the officer should photograph the vehicles and the collision scene, and permit measurements to be made from the photos if necessary. Photos are particularly persuasive in court. Finally, the officer should check all drivers for indications of intoxication or other impairment, interview all drivers and witnesses, and record their addresses and telephone numbers.

The at-scene investigation is concerned primarily with data gathering and recording. It may also involve some interpretation of the collected data. For example, from the skid mark measurements and the drag factor, the officer can calculate the minimum speed of the vehicle at the beginning of the skid. Ideally, every officer should be qualified to conduct an at-scene investigation. An officer can become qualified by attending and successfully completing a state-approved course. Such courses generally consist of classroom and hands-on training of 40 to 80 hours. They may be conducted by a municipal police department, a county sheriff's office, the state highway patrol or state police, a POST council, or by a private law enforcement training organization or institute.

Application of Technology to At-Scene Investigation

The Washington State Patrol and other agencies have discovered that the use of LIDAR devices in their distance measurement mode can save considerable time at crash scenes, provide more accurate measurements, clear the roadway and restore the traffic flow in a speedier fashion, and return the investigating officer to patrol duties. Using LIDAR for crash measurements requires the proper training of the officers who will use it; in addition, laser targets must be developed, carried in the patrol vehicle, and deployed at locations where the point of object to be measured from does not present an adequate target for the LIDAR device.

Advanced (Technical) Investigation

Whereas an at-scene investigation should be conducted for every collision, an advanced investigation is undertaken only for serious collisions. Its purpose is to collect additional data for determining charges to be brought against one or more of the individuals involved, or for litigation reasons, or for laying the foundation for the next level of investigation, reconstruction.

Unlike the at-scene investigation, which is initiated immediately or as soon as practicable after the collision, the advanced investigation may take place at a later time. Data, including that from the at-scene investigation, will be interpreted as well as collected. Since much of the evidence at the scene may already have disappeared, the advanced investigation may depend heavily on the completeness and accuracy of the data recorded in the at-scene investigation. The advanced investigation may be conducted by the same officer who conducted the at-scene investigation. He is expected to determine the drag factor of the skid surface(s) and the minimum initial speed of each vehicle (unless already caluculated in the at-scene investigation); determine time-distance relationships and solve momentum problems match marks on the roadway with the parts on the vehicle causing this damage to determine the point of impact; determine what is impact damage to the vehicle and what is contact damage; match the damaged areas of the vehicles to determine the principal direction of force (PDOF); correlate injuries with the parts of the vehicle impacted by the occupants (occupant kinematics); determine if headlamps and other lamps were ON or OFF at impact; determine if any fire damage occurred before or after impact; determine if a mechanical or electrical failure contributed to the accident (this may require the help of a specialist); and prepare a scale drawing of the scene from measurements and notes made at the scene or, if necessary, from photos (photogrammetry). Officers can receive advanced investigation training by successfully completing a state-approved course at this level. The length of this training is up to 80 hours, and includes classroom instruction and hands-on activities. A prerequisite is usually the completion of a basic collision investigation course, such as at-scene investigation, or several years' practical experience in at-scene investigation.

Collision Reconstruction

Reconstruction is the highest of the three major levels of investigation, and is usually undertaken only in support of litigation or research. Its main purpose is to determine how the collision occurred. It deals primarily with direct and immediate causes of the crash. These frequently entail behavioral errors on the part of the drivers. The findings are mostly objective, supported by the facts uncovered or determined by investigation at any of the three levels. The purpose may be extended to attempt a determination of why the collision happened (called “cause analysis” and sometimes regarded as a separate and even higher level of investigation). This phase looks at all the circumstances of the crash in order to identify the probable and possible contributing factors. The findings are to some extent speculative. Take, for example, a case where two vehicles crash head-on. The direct cause is that one vehicle suddenly crossed the center line and encroached on the opposite travel lane, placing this vehicle in the path of an on-coming vehicle. The probable indirect cause may be that the driver of the encroaching vehicle fell asleep, inasmuch as the collision occurred at 3:00 a.m., and the driver had been driving continuously since the previous noon.

Reconstruction expands on all the principles of at-scene and advanced investigation. In addition, it includes impulse, or the force exerted by each vehicle upon the other, and energy loss through crush, or the extent of deformation of the vehicle caused by the impulse. It may involve experiments to ascertain performance and other capabilities of the vehicle, or to determine driver and pedestrian behavior. Reconstruction entails assembling all the technical data required to build a case for court. Among the duties of the reconstructionist are the following: cooperating closely with the attorney, if litigation is involved; interpreting photos, information contained in field notes, and all other recorded data from the at-scene and advanced investigations; matching paint, glass and vehicle parts found at the scene to the vehicle being sought after its driver fled; determining the driver of each vehicle; determining occupant movement (occupant kinematics) and how injuries were received; checking all calculations made previously and perform any additional calculations required; reaching conclusions as to how the collision occurred; being able to prove the conclusions or offer persuasive evidence in support of them; and preparing scale diagrams of the scene, vehicle and body positions, time-distance relationships, and momentum vectors as needed for the courtroom presentation.

Although a reconstructionist usually has greater depth of knowledge and broader experience than an investigator qualified only in at-scene or advanced investigations, and can make more inferences from existing data, he is very dependent on the thoroughness and quality of the investigations conducted at the scene, and may have to work largely with the evidence that has been preserved and recorded earlier. Officers can receive training in reconstruction by attending a state-approved course of up to 80 hours in length. Such a course combines classroom instruction with hands-on activities. The pre-requisite is usually successful completion of a state-approved course in advanced (technical) investigation.

Use of Statistical Databases

Computers make it easy to gather many facts into a database. Today, highway safety databases are available to government, law enforcement agencies, insurance companies, or any interested party. Their scope ranges from highly specialized to very broad. Several are compiled by the National Center for Statistics and Analysis (NCSA) operated by the National Highway Traffic Safety Administration (NHTSA). NHTSA's Fatal Accident Reporting System (FARS), established in 1975, collects and tabulates data on fatal accidents from all 50 states, the District of Columbia, and Puerto Rico. NHTSA contracts with each state government to provide information on fatal crashes within the state. Using a standard format, analysts input data directly into NHTSA's central data file by microcomputer and modem. Each crash report has 90 coded elements that are reported on three forms:

accident form (time and location of crash, first harmful event, if hit-and-run, if school bus involved, number of persons and vehicles, weather conditions)

vehicle/driver form (vehicle type, role of vehicle in crash, impact points, most harmful event, driver's record and license status)

person form (age and sex of each person, whether driver/passenger/non-motorist; alcohol and drug involvement, injury severity, straint us).

Although FARS is focused strictly on fatalities, its data may be used in evaluations pertaining to a wide range of issues, among them, legal drinking age legislation, motorcycle helmet legislation, repeat offenders, restraint use, 65 mph speed limit, safety design of cars and light trucks, and safety of large trucks on the highway.

NHTSA's General Estimates System (GES), was established in 1988 to identify highway safety problem areas, provide a basis for regulatory and consumer initiatives, and form the basis for the cost/benefit analyses of highway safety programs. It covers approximately 45,000 crashes per year of all severities, from property damage through fatals, reported on roads throughout the United States, and involving all types of vehicles. Coders contract-ed to NHTSA enter the data directly from a sampling of police collision reports. The Federal Highway Administration (FHWA) also operates a number of database systems, especially those dealing with commer-cial vehicles.

Selective Enforcement Programs

Among the police traffic safety programs shaped by conclusions drawn from statistical databases, Selective Traffic Enforcement (STEP) probably has the widest recognition. This program addresses the kinds of traffic violations that are major causes of collisions, and concentrates enforcement at those locations where most of these violations and resulting collisions occur, at the times of day and days of the week when their incidence is the highest. With the limited resources available to law enforcement, the program attempts to maximize the productive use of officer time to achieve a meaningful reduction in fatalities, injuries and property damage. The STEP program relies on the existence of an effective traffic records system. The system should be uniform within the state so that the data is recorded uniformly and facilitates proper analysis. Data from collisions should be analyzed as well as data from citations issued and reports generated by traffic officers. A data-base provides an objective guide to designing the program. It indicates where a problem actually lies, not where somebody thinks it lies. A program not matched to the problems pointed out by data will miss the mark, and can never bring good results.

In establishing an STLE program, an agency should appoint an effective manager. He should adopt practical measures that address the problems identified by the data, assign the required number of officers to each identified high collision-frequency location, and provide them with proper equipment. The agency should continue to collect data after implementation of the program, and use the resulting updated database when evaluating the program. Regular evaluation is essential to keep abreast of changes in violation and collision patterns, to discard a program revealed to be ineffective, and to introduce modifications to further improve an already effective program.

Liaison of Law Enforcement with Traffic Engineering and Roadway Maintenance

Although the police can control the drivers and vehicles on the roadways through enforcement and thereby make the roadways safer, they cannot directly remedy unsafe roadway design and markings or perform needed roadway repairs—functions that are also basic to roadway safety. They are nevertheless in a position to observe and discover these unsafe conditions, and report them to the local Department of Transportation, or whatever government office is responsible for traffic engineering and trafficway maintenance. Certain collision data contained on the standard collision report form used statewide by all law enforcement agencies—number and types of vehicles involved, location, time of day, day of week, and violation(s) causing the collision—are reported to the state. The state tabulates and analyzes this information and, if the referral procedure is working, informs the Department of Transportation of any problems in their jurisdiction. If correcting the problem is complex or would involve a major change, the DOT may first initiate an engineering study to determine if correction is feasible and how best to carry it out. Since the referral procedure sometimes gets bogged down, the police agency that has observed an unsafe trafficway condition, or reported a collision in which an unsafe trafficway condition was a contributory cause, should contact the local DOT office directly by telephone or memo. The effectiveness of this informal referral system depends on the dedication of both the reporting police agency and the local DOT office, and on the degree of rapport that exists between them. For law enforcement officers the lesson here, as in many other aspects of police work, is that law enforcement cannot accomplish every objective on its own. Good liaison and good relations with other organizations are essential.

Through the cooperative efforts of the groups specializing in each of the areas discussed in this chapter, our highways will be made safer.

Road patrol officers need no additional training to enforce truck moving violations such as speeding and unsafe lane changes. But for officers making even cursory checks of commercial vehicle equipment, maintenance and loading, special knowledge is essen-tial, along with instruction in assessing the validity of truck registrations.

On-highway enforcement historically is complicated by trucker reliance on CB radios and other communications techniques to thwart patrol officers. Counter-strategies have sprung up. One of the more effective is police use of specially marked vehicles (patrol cars of different makes, models, colors, and markings) not readily identifiable as patrol cars. Some states employ completely unmarked vehicles, an equally helpful tool. Truckers who try to bypass weigh stations and safety checkpoints can be counteracted by additional patrol units on parallel routes, or chase cars.

The growing use of commercial vehicles to transport illegal drugs emphasizes the possibility that a traffic stop may harbor the potential for a major drug seizure. How to recognize that potential, and how to proceed in a fashion that does not jeopardize subsequent prosecution, requires special training in commercial vehicle drug interdiction techniques.

Commercial Vehicle Inspections

Many states have standardized their commercial vehicle safety checks of trucks and buses, utilizing the CVSA standards. Under CVSA, there are five levels of inspection. Level I, the most thorough inspection, includes both vehicle and driver and requires approximately 42-48 minutes without placing the vehicle out of service. Trucks and buses that pass receive a CVSA decal, valid for 90 days. During that period, member jurisdictions typically waive repeat inspections, concentrating instead on vehicles without decals. This in-depth inspection is called the North American Uniform Driver/Vehicle Inspection Program (NUDVIP), also labeled North American Standard, or NAS.

Other levels of inspection are less pervasive and require less time, except Level V, the in-terminal inspection of a vehicle, which can be as detailed as NUDVIP and result in the issuance of a certificate. The driver of a vehicle bearing a valid CVSA sticker might be subject to a “driver only inspection” that, among other procedures, checks his license, log book, safety belt use, driver sobriety, and the vehicle checklist completed by the driver.

A program of complete commercial vehicle safety must include size and weight limits, vehicle equipment, compliance with permit and federal motor carrier regulations requirements, towing, load and securement, and special vehicles, such as school buses, if applicable, and farm labor vehicles. A comprehensive program reaches commercial vehicles in several possible locations to ensure reasonably thorough coverage, and contacts carriers via terminal inspections. Vehicles are typically inspected and weighed at major scale/inspection facilities, and by roving commercial vehicle enforcement officers. Other facilities may include platform scales, pit scales, and multiple sites.

Terminal inspectors check driver timekeeping records and hours of service, maintenance procedures and vehicle condition, compli-ance with hazardous materials regulations, and safety practices of passenger stage carriers and hazardous materials transporters. Everyone involved in the inspection process, from uniform police officers to civilian inspectors, must have completed the training pertinent to their assignments.

Some state agencies maintain computerized information on carriers and shippers, collating vehicle inspection data, accident and hazardous material histories, incident histories, on-highway enforcement information, and terminal inspection findings in one central database. SafetyNet, the FHWA database, attempts a similar national approach, utilizing information made available from the states. Driver and Vehicle Exam Reports that reflect the North American Standards of FHWA and the out-of-service criteria of the CVSA form the base for the federal SafetyNet information system.

Data Collection From Commercial Vehicle Citations

Various data are used as part of a national strategy to focus inspections on audits of commercial motor carriers. Crash statistics and information, as well as complaints, are collected to identify those carriers in most need of attention. The Congress has mandated that the Federal Highway Administration collect citation data from state and local law enforcement agencies to be included in this decision-making process.

State-level police agencies are being asked to report moving violations to the FHWA and to collect this information from county and local agencies as well. A major concern of state police agencies is how to modify citation forms to include the U.S. DOT number, or some other carrier identification, since this data needs to be tracked to the motor carrier rather than to the individual driver. Another issue is how to transmit the data to FHWA. Pilot projects were set up in several states to measure the effectiveness of this data in triggering terminal audits of motor carriers to uncover safety violations, as well as to determine the technical and administrative problems involved in capturing the data.

For the awareness level, training must be sufficient to ensure competency in understanding hazardous materials and the inherent risks associated with a spill or incident; recognizing the presence of hazardous materials and identifying their type, if possible; understanding the employer's emergency response plan and the need for site control; and making notification to the communications center in recognizing the need for additional resources. First responder operations level training, usually a minimum of eight hours, must include the first responder awareness elements plus the knowledge to choose proper protective equipment for on-scene personnel; the ability to perform basic spill containment and confinement procedures consistent with equipment and personnel available at the scenes; an understanding of basic decontamination procedures and how to initiate them; and an understanding of operating procedures at the scene.

On-scene incident commander training, usually an additional 24 hours, must be sufficient to ensure competency in properly conducting the agency's incident command system, initiating agency emergency responses, and coordinating an emergency response with other agencies that may become involved. In addition, the trainee must know the risks faced by people working on-scene at a hazardous materials spill, including personnel wearing chemical protective clothing; be aware of both the state and federal regional response plans or teams; and realize the importance of decontamination procedures and know how to conduct them. The importance of constant police readiness emphasizes the need for thorough training, reinforced by frequent in-service updates for both management and line personnel.

Every police vehicle used for traffic patrol should carry in it the latest copy of the federal DOT Emergency Response Guide. This concise book contains a rapid reference by which officers can determine, from the numbers and other information on placards and shipping papers, the classification of hazardous materials being transported and the general cautions and instructions for containment of spills and evacuation of the public. For further information on incident management and control, see Part Eleven, “Roadway Management Through Engineering and Enforcement.”

Driver Licensing

Licenses are generally issued by the motor vehicle administrators of the various states and provinces. As well as serving as a national identifier of persons, the driver's license system is used for the rapid identification of persons who are driving motor vehicles; the operation of a classified license system which provides separate written and skill tests for various types of vehicles such as motorcycles, passenger vehicles, and commercial vehicles; a point system for targeting unsafe drivers for license suspension or revocation to remove hazardous drivers from the roads; and identifying and tracking traffic violators through the court system and preventing persons from defaulting on traffic citations.

The License as a Positive Identifier

When first issued, driver's licenses were intended to verify that the holder complied with the regulations associated with vehicle operation. Photographs were later added to aid in positive identification and to reduce fictitious usage. Strategies to prevent counterfeiting include the use of thumbprints and holograms. Many licenses even contain magnetic strips and bar codes to provide for the electronic recording of driver license information if a citation is issued in the field. A driver's license typically contains a variety of information, including the driver's date of birth, his social security number as a primary or secondary identifier, his blood-type, an indication if the driver is an organ donor, and certain physical characteristics such as height, weight, hair and eye color.

Over a period of time, the driver's license has assumed the role of a positive identifier. This acceptance is based upon the belief that an effective screening process is employed to verify that the license data is valid. Today, the license has become the means to use legal instruments, to obtain social benefits, and to gain access to restricted areas and services. The state agencies issuing driver's licenses are finding that positive identification of applicants is nearly impossible because of the absence of a national identification system. The U.S. birth certificate system is ineffective for identification purposes. Coupled with the problems of identification presented by legal and illegal aliens, the use of a driver's license as a national identifier is not reliable. In the past several years, the use of a digital image photo license has increased. Over 15 states and provinces are using this technological breakthrough, which provides more effective securi-ty and identification. In addition, photographic information can be transmitted via computer to officers in the field.

The AAMVA recently began a project to standardize identification means when issuing driver's licenses. The problem of alien identification remains an unaddressed issue at the national level. Another major problem is the use of fraudulent driver's licenses by minors to purchase alcoholic beverages. A number of states have addressed this problem through the use of special licenses, or the addition of identifying features to the licenses of persons under the age of 2,1 so that they may be readily identified by law enforcement and other persons.

National Driver's License Compact

The National Driver's License Compact (NDLC) program has several administrative components, including an application to law enforcement. Prior to the NDLC, a person in one state who was convicted of a traffic violation in a neighboring state would not have that violation reported or charged against his record in his home state. Also, nonresident drivers who were issued citations were often physically arrested and required to post bond or surety for court appearances for even non-jailable motor vehicle offenses. Under the NDLC program, which is administered by the American Association of Motor Vehicle Administrators, the majority of states report violations by nonresidents to the driver's home state. The charges are then added to the offender's driving record as though the violations occurred in the home state.

For example, a driver charged with DUI in an NDLC state will have his license suspended in his home state as well. Also, nonresident drivers can promise to appear in court, or pay a waiver and be released without bond. If he fails to satisfy the court appearance, a mechanism permits the issuing state to revoke the driver's privileges until he complies with the laws of the other state. A total of 43 states now participate in the NDLC.

Administrative License Revocation (ALR)

State government has traditionally retained the responsibility of issuing and regulating driver's licenses. Upon conviction, the courts have been committed to limit or suspend driver's licenses or operating privileges. A current trend is to remove the license sanction from the courts, to eliminate unnecessary delays associated with court backlogs, and to reduce the impact of plea bargaining. The National Highway Traffic Safety Administration advocates the on-the-spot revocation by police officers who arrest drivers for driving under the influence of alcohol or drugs.

In states with this legislation, police officers are empowered to confiscate the driver's license of a person arrested for impaired driving when that person either refuses a chemical test of blood, breath or urine or tests above the prescribed limit. The license is usually forwarded to the licensing agency, and the holder is issued a temporary permit to drive pending a hearing. The benefit of ALR is that action is less complicated and immediately removes a known hazardous driver from the roads.

Most states have some version of ALR in operation; it is a condition for some states to receive additional federal highway safety funds.

Occupant Protection and Enforcement

A little more than a decade ago, highway safety priorities counted safety belt and child safety seat use as just one of many goals— an important one, but not a priority. The drunk driver commanded somewhat more attention but not to the degree this menace deserved. Today that has all changed and we address both subjects with equal vigor—removing drunk drivers from behind the wheel and putting all vehicle occupants into approved safety restraints. Alcohol-related fatalities dropped 26 percent between 1983 and 1993, declining nearly 10 percent in 1991 alone. Alcohol-related deaths still number almost 18,000 a year, slightly below half of all highway crash deaths. We are doing better, but not well enough!

The Role of Occupant Protection

Safety belt use saves over 9,000 lives and prevents 200,000 moderate-to-critical injuries each year. NHTSA estimates that, if all passenger vehicle occupants wore safety belts, nearly 10,000 additional lives could be saved per year. Studies show that the use of safety restraints cuts the number of deaths and injuries in traffic crashes by one-half. The following statistics, provided by NHTSA, dramatically show the impact that safety belts can have in traffic crashes:

From 1982 through 1994, an estimated 65,000 lives were saved by safety belts and more than 1.5 million moderate-to- critical injuries were prevented. Over the same eight years, safety belts prevented an estimated 770,000 moderate to critical injuries, 571,000 in jurisdictions that have mandatory belt use laws.

Among front-seat passenger vehicle occupants over four years of age, safety belts saved 4,682 lives in 1991, 3,828 of them in jurisdictions that have belt use laws. Of 55,000 passenger car occupants involved in fatal crashes in a recent year, over half (52 percent) of the unrestrained occupants were fatally injured, while only 29 percent of the restrained occupants were fatally injured. Three-quarters of the uninjured occupants of passenger cars involved in fatal crashes were using restraints.

Safety Belt Use Laws

The July 1984 ruling by the U.S. Department of Transportation on automatic occupant protection began a wave of legislative action resulting in the enactment of safety belt use laws in many states. The goal of these laws was to promote belt use and thereby reduce death and injuries in crashes. As of this writing, 48 states and the District of Columbia have belt use laws, some as a primary violation and some as only a secondary violation (enforcement action can only be taken if the driver is stopped for another violation). Reported safety belt use ranges from 24 to 83 percent, varying widely from state to state, reflecting factors such as differing public attitudes, enforcement practices, legal provisions, and public information and education efforts. NHTSA estimates that the implementation of state belt use laws has reduced traffic fatalities by seven percent a year.

Types of Occupant Protection Systems

Safety belts were first installed on passenger vehicles in 1956, and shoulder restraints were added in later years. Using a combined seat belt and shoulder restraint keeps the driver from hitting the dashboard, windshield, or rear-view mirror— “submarining under the dashboard.” The addition of automatic passenger restraints by some manufacturers resulted in miniature electric motors which deploy the shoulder strap when the driver sits in the car and the ignition is turned on. However, many drivers take no further action after the shoulder strap is deployed and do not fasten their seat belts. This defeats the engineering that went into the restraint system, because the shoulder restraint alone is not protective without the lap belt fastened.

In fact, the National Transportation Safety Board has highlighted instances of where motorists using the motorized shoulder belt without the lap belt have been decapitated in crashes.

Driver and passenger-side air bags are now mandatory in most new passenger vehicles. These devices contain sensors that detect rapid deceleration characteristic of a collision, and through an explosive device, deploy an air bag which blows up, similar to a balloon, and prevents the driver from impacting the interior of the vehicle.

The presence of an air bag does not relieve the driver or passengers from the responsibility of utilizing lap and shoulder belts. An air bag provides little protection in a side collision. Lap belts and shoulder harnesses provide the added protection of keeping the driver behind the wheel and in control of the vehicle to allow for last-minute emergency maneuvers, and preventing the driver and passengers from hurtling around the interior of the vehicle and colliding with one another.

Child Safety Seats

Law enforcement and education can make the difference between life and death for our children. All 50 states, the District of Columbia, and Canadian provinces have child restraint use laws. When used correctly, child restraints are 71 percent effective in preventing deaths and 67 percent effective in reducing injuries. In a recent year, 100 percent use of child safety seats nationwide could have prevented 455 fatalities and approximately 49,000 serious injuries to children under the age of five. The actual usage rate in that year was estimated at 80 percent, and approximately 247 lives of children under the age of four were saved as a result of child restraint use.

Even though child safety seats are proven lifesavers, many drivers still do not use them, purchase unapproved seats, or use them incorrectly. Incorrect use is a major contributor to the deaths and injuries each year.

Many cases of incorrect use are as simple as turning the seat toward the proper facing position for that age child—rear-facing positions for infants and forward-facing position for older children. The best position for rear-facing child safety seats is the middle position of the rear seat of the vehicle. Simply not following the manufacturer's instructions for properly installing the seat also nullifies its benefit. The best place for any child in a safety seat is in the rear seat of the car, properly secured with a seat belt system as recommended by the manufacturer of the safety seat.

Policies and Training Programs

The National Highway Safety Traffic Administration has a model OPUE (Occupant Protection Usage and Enforcement) Program that is available to law enforcement agencies to train members of their department to act as instructors. The training program uses a model curriculum which includes teaching participants to write safety restraint enforcement policies. State POST Academies provide this training, and all law enforcement agencies are urged to have at least one member trained in OPUE.

Indicators Of An Illegal Helmet

The following is a list of items, in lay terms, that are indicators of illegal helmets.

If there are protrusions from the helmet such as the old German style with a spike on the top (World War I vintage), it will not meet the FMVSS standard. (Caution: Some helmets styled like World War II German helmets are legal. Some very reputable manufacturers produce them to meet FMVSS.)

If the helmet consists of a beanie that covers only the very top of the rider's head, it probably doesn't meet the standard.

If the helmet has a web liner, no padding, or padding only, or a thin shell of less than one inch of styrofoam on the inside, it likely will not meet FMVSS 218.

Fake helmets usually weigh less than one pound, whereas legal helmets usually weigh more than three pounds.

If the strap is less than one-half inch wide, or with a single strap attached to he helmet, it probably doesn't meet the federal standard.

If the strap is poorly attached with small rivets, it probably doesn't meet the standard.

If a DOT label is on the lower back of the helmet, but you suspect it really does not meet FMVSS 218, inspect the inside of the helmet to see if the manufacturer has complied with the labeling requirements previously described. If all labeling requirements are not met, the helmet does not meet FMVSS requirements.

Helmets may have labels from the American National Standards Institute (ANSI) or the Snell Memorial Foundation, which has somewhat different requirements. However, the DOT standard is the only one the helmet is required by law to meet.

This information was provided by NHTSA's Safety Countermeasures Division and compiled by the Licensing Depart-ment of the Motorcycle Safety Foundation.

Motor Vehicle Registration

The system of motor vehicle registrations carried out in the various states and provinces serves multiple purposes, foremost of which are

to identify, for law enforcement purposes, the vehicles traveling our highways

to raise revenue. A vehicle's license plate provides law enforcement with a means of determining ownership, vehicle make, model, year of manufacture, and other items, all or any of which may prove instru-mental in conducting law enforcement activities.

Two-Plate Reflectorized Registration

The proliferation of different plate types bearing the same charac-ters creates problems in detecting stolen and wanted vehicles, and states should avoid issuing duplicate identification, if possible.

Mandating that all vehicles display registration plates on both the front and rear of the vehicle enhances law enforcement's efforts to identify a vehicle rapidly, whether it be from a frontal position or from the rear of a vehicle. Police officers are commonly trained to jot down the license plate numbers of oncoming vehicles they see while responding to an accident or crime scene, in an effort to identify possible fleeing perpetrators or eyewitnesses to the incident. Bicyclists, pedestrians and drivers frequently observe the plate numbers of suspicious vehicles and report them to the police. This assistance has been instrumental in solving many serious crimes over the years. A study conducted by the IACP and published in 1979 revealed the benefit of two-plate registration. In addition to the rapid identification of a vehicle by police authorities, two-plate reflec-torized registration also enhances officer safety. Through today's synthetic materials used to cover registration plates, a minimum amount of light can illuminate the plate as an alert to the police officer for personal safety and for identification purposes.

If for no reason other than officer safety, two-plate reflectorized registration should be incorporated as a primary design for registration plates in every state. Additionally, a reflectorized plate prevents collisions with vehicles parked along streets in poorly lighted areas.

Enforcing the Two-Plate Requirement

From an enforcement perspective, vehicles required by law to display two registration plates are easier to identify, and the dual plate registration is effective in thwarting vehicle thefts.

In those jurisdictions where two plates are required, the absence of one plate provides an officer with articulable suspicion to execute a traffic stop for vehicle registration inquiry, leading to the detection of drunk drivers, persons operating under revocation or suspension, and persons transporting contraband.

In today's society, the general public supports laws and regulations that benefit them, even if they may involve an increased or new user fee. It should be the responsibility of law enforcement and other public agencies to demonstrate and convey to the public and legislative bodies the benefits from a two-plate system. Vehicle owners can see potential benefits in the event their vehicles are stolen. Citizens can appreciate how the two-plate system enhances police officers' abilities to detect criminals and simultaneously heightens personal safety.

Police executives and associations should be proactive in advocating two-plate systems in jurisdictions that do not have them and in fighting back attempts to go to a one-plate concept. However, justifying the need for a two-plate system is difficult unless law enforcement officers aggressively enforce the two-plate requirement by stopping vehicles with only one plate and issuing either a warning or citation to these drivers. Each police department should have a specific policy supporting enforcement against drivers with missing, mutilated, or illegible number plates.

Automated Data Collection At Roadside

Increased refinements in the field of electronics have opened up new vistas of exploration within the law enforcement profession. Sophisticated electronics and computer equipment are making their way into more facets of our daily routines, from the check-out counter at the neighborhood grocery store to the vehicles driven on our highways.

Electronic equipment such as bar code scanners, transponders, and computers can be utilized in law enforcement and highway safety disciplines to evaluate traffic flow patterns, determine traffic demographics, record vehicle registrations, issue parking tickets, and automatically collect highway tolls.

The progressive use of equipment and techniques that uniquely identify vehicles without requiring any action by the driver are evolving. An automatic vehicle identification (AVI) device can be attached to a vehicle, whether it be a bar code or a more sophisticated transponder, containing specific information about that vehicle. Through the use of a reader capable of interpreting the AVI, law enforcement personnel can instantaneously retrieve the information on the vehicle for their use.

Equipment of this type and capability can enhance vehicle registration requirements and enforcement without placing an officer in a situation of increased jeopardy.

Within the law enforcement community, title enforcement responsibilities usually do not generate discussion; however, with-out specialized training and concentration in vehicle titling and registration, the public can suffer astronomical fraud and economic loss.

Title enforcement requires investigating police personnel to have a comprehensive knowledge of state and local laws, regulations and ordinances, and the idiosyncrasies associated with various types of titles, reissued titles, duplicate titles, salvage titles, and manufacturer's statements of origin. As with most sophisticated law enforcement areas and functions, specialty skills have evolved that are essential to effectiveness.

Hidden VIN

Beginning in 1981, all motor vehicles manufactured in the United States or imported for sale for over-the-road use were required to have a 17-character vehicle identification number (VIN). In 1987, the Federal Motor Vehicle Theft Law Enforcement Act of 1984 became law. Through the enactment of this law, vehicles with a high-theft potential were required to use component part labeling or secondary sources of identification, so-called “hidden VIN's.” Specially trained officers use these hidden VIN's to verify the authenticity of a vehicle or a component part.

By law, this secondary source of identification must be indelibly printed on a label. This label must be permanently affixed to the component part on an interior surface or location, so that it cannot be damaged in a collision or during part installation, adjustment, or removal. It must be located in such a fashion as to prevent its destruction or defacement during normal dealer preparation, including any after-market installation procedures. The label must contain the manufacturer's logo, or some other unique identifier, plus the VIN. Any attempt to alter the label must either leave traces of the original number or visibly alter the label's appearance. In cases of non-label identifiers, inscriptions to the part must be so that any removal or alteration visibly changes the appearance of the vehicle part. Locating the secondary sources of identification is the responsibility of the manufacturer. In order to assist law enforcement, manufacturers must notify, in writing, the National Highway Traffic Safety Administration of their numbers and locations within 308 days of the date the vehicle line is offered for sale. Having the special expertise to investigate cases where secondary sources of vehicle identification are utilized is invaluable to a police agency. The National Insurance Crime Bureau (NICB), a private organization funded by the automobile manufacturers and insurers, has special agents in every state who are available to law enforcement to provide training and other technical assistance in identifying hidden VIN's.

Enforcement and Engineering Liaison

The basics of an effective traffic safety program involve the “three E's”—enforcement, engineering, and education—working in conjunction for safer roads and drivers. Some accidents are caused by vehicle defects. Adopting mandated federal motor vehicle safety standards, such as seat belts, air bags, collapsible steering columns, padded dashboards, child safety seats, and rollover and side impact protection, have reduced the number of injuries in traffic accidents. Periodic motor vehicle inspection programs in many jurisdictions assure us that vehicles maintain their road worthiness during their useful lives. Aggressive traffic enforcement programs by state police and highway patrol agencies, county sheriffs' departments and local police departments deter unsafe drivers by suspending or revoking driver licenses for hazardous moving violations. In addition, enforcement efforts to detect vehicle equipment violations remove unsafe vehicles from the road. Public information campaigns conducted by the National Highway Traffic Safety Administration, state governor's highway safety representatives, state and local law enforcement agencies and licensing authorities, and public groups such as MADD (Mothers Against Drunk Driving), and SADD (Students Against Driving Drunk), along with high school and commercial driver education programs, violator schools, and driver improvement programs, acquaint drivers with rules of the road and instill proper driving attitudes.

The Final E

The final E involves engineering. Design, construction, and maintenance of highways and traffic control devices can be instrumental in reducing collisions. Seldom do enforcement and engineering work in concert to promote highway safety, despite the fact that police officers on patrol are perhaps the best eyes and ears that traffic engineers could have. By reporting obscured or nonfunctioning traffic control devices and dangerous highway conditions and providing feedback from citizen complaints and the study of traffic congestion problems, officers can offer important input for traffic engineers. Engineers can work with officers by making highway improvements such as changing speed zones, erecting new types of traffic control devices, and placing roadside objects, such as utility and sign poles and guard rails, so that out-of-control vehicles are slowed or stopped without causing injury to occupants.

The Precedent Is Set

Years ago, the Bureau of Public Roads, the forerunner of the present Federal Highway Administration (FHWA) held the first national joint enforcement/engineering conference. State traffic engineers and top law enforcement officials met for the first time, many after working in the same state for years. At this conference, common goals and interests were promoted in the area of traffic safety and an efficient transportation system. It was recognized that, in planning new highways, cross-overs are needed on controlled access highways to provide access for law enforcement vehicles; as well, space is required for pulling commercial vehicles over for weight checks and safety inspections. It was also recognized that both the efforts of engineering and law enforcement are necessary: short-term traffic problems can often be solved efficiently by law enforcement actions, while long-term problems are often best removed by engineering solutions. Out of this first national conference grew suggestions for regional, multi-disciplinary enforcement and engineering conferences throughout the nation, whereby state law enforcement and DOT engineers from multi-state regions could discuss problems and exchange ideas. Individuals attending from each state could expand this concept when they returned to their home states. Finally, there developed a concept that state Department of Transportation officials and state, county and local law enforcement agencies could meet with their counterparts in both statewide conferences and regional meeting within states.

Jurisdictions could schedule regular meetings between these disci-plines, even allowing engineers to ride with police officers and see at first-hand the situations that an officer was talking about. Construction conferences could be held during the planning stages of highway improvement jobs so that law enforcement would have strong input. The need for funding of patrols could be taken into consideration in budgeting for highway improvements. Work zone safety could be discussed and improved.

Resources Available

The Texas Engineering Extension Service (TEEX) of Texas A&M University in College Station, Texas, is an excellent resource on this concept, since TEEX is the driving force behind a successful engineering/enforcement liaison in the lone star state. Arizona, capitalizing on the Texas experiment, also holds regional and local meetings between DOT engineers and Department of Public Safety commanders and engages in the joint planning of safety projects, including engineering and enforcement concepts, with consideration of all the other disciplines that play a significant role. DOT's top managers attend DPS commanders' meetings and develop mutually agreed-upon policy statements, recognize differences of opinion and deal with them effectively, and emphasize risk management which has reduced lawsuits arising out of allegations of collisions caused by unsafe highway conditions.

In any state where these joint engineering and enforcement conferences are not currently in use, police executives and associations and highway transportation planners and engineers should be proactive in bringing about such efforts.

What Is An Incident?

An incident that causes significant delay on a freeway can be as simple as a disabled vehicle in a traffic lane or on a shoulder. It can be a lost piece of lumber from a truck that causes motorists to change lanes suddenly. Such minor incidents, if detected promptly, can be cleared rapidly with little residual affect on peak-use traffic.

Major freeway incidents on the other hand, generally include:

Motor vehicle crashes involving serious personal injury

Motor vehicles on fire

Crashes where a load of cargo is spilled

Crashes involving hazardous material cargo

Fatal crashes

Overturned cars or trucks

Downed power lines across roadways

Structural failures of bridges or roads.

Such incidents result in delay, inconvenience, wasted fuel, frustration, and higher costs to motorists. Stopped traffic can create secondary motor vehicle crashes. Local streets can become gridlocked by motorists trying to avoid the incident scene.

What Can Be Done?

No single agency can effectively respond to and clear a major traffic incident. Traditionally, the agencies charged for the motor vehicle crash clearance are police, fire, and rescue services, and either public or private wrecker companies. If structural damage is done as a result of the incident, the local and state Department of Transportation (DOT) is called to respond, generally after the other agencies have cleared the scene.

With FIM, many other agencies can be involved. Acting together, these agencies can reduce the total time to resolve and remove incidents by more than 50 percent. Agencies and services that should be an integral part of planning for and responding to freeway incidents include; the state police and law enforcement agencies having jurisdiction over surrounding areas, the state DOT, local transportation agencies, large and small rig wrecker companies, emergency medical services, fire departments, local media representatives, local traffic reporters, the Department of Public Works, traffic engineers, and public and private safety service patrols.

In the past, tasks were accomplished sequentially at a crash site: The police would secure the area around the incident, rescue personnel would work at rendering aid and removing victims, the police would investigate the crash and finally, wreckers would be called to tow the disabled vehicles. After the incident was cleared, DOT officials would be notified of downed signs or missing guard rails.

At each stage of the incident, responding emergency vehicles would arrive and park wherever the operator could find an open space. The result was a mixture of emergency vehicles often blocking each other for long periods of time, even when some vehicles were no longer needed.

Creating An FIM Plan

The first step is to examine the locality's needs. Whether an area is highly urbanized, with recurring traffic congestion, or rural, with traffic problems occurring only during major incidents, will determine the focus and extent of planning for freeway incidents.

The second step is to identify those public and private resources available to the locality that have a vested interest in transportation planning and safety. Once these various agencies and services are identified, a request is made for each to supply a command-level person to attend an initial conference. The focus of the first meeting is on consensus building and deter-mining that traffic incidents are a problem and that, by acting in concert, time-saving policies can be implemented within each agency.

During the next phase, a working group is established to identify tasks, resources, and existing capabilities of each entity focusing particularly on jurisdiction, agency perspective and responsibilities, interagency field communication, administrative coordination among agencies, legal ramifications, site management, political sensitivity, consensus building and goal setting. In these early stages, the group determines how best to use existing resources to improve detection, verification, response, clearance, and recovery of freeway incidents. To assist states and localities in accomplishing these tasks, the FHWA makes available a four-hour upper management overview and a two-day workshop for practitioners, detailing step-by-step methods to create and implement FIM plans and response teams. You can access these services by contacting your FHWA state coordinator.

System Components

Freeway Incident Management can be broken down into seven components: pre-planning, detection and verification, response time, site management, clearance time, motorists' information, and recovery time.

1. Planning

When an incident occurs, the focus of FIM is to “keep the traffic moving.” Alternative route plans should be identified, specifying not only location but also the resources necessary to expedite traffic movement. Simply diverting traffic from the freeway to local surface streets is not enough, since traffic signals, stop signs, toll booths, or high-occupancy vehicle restrictions may interfere with the free movement of traffic. To remove these impediments, it may be necessary to make signal timing changes or to provide for manual traffic direction. Planning for these problems will identify the resources needed and save 30 to 40 minutes of on-scene planning. This time savings in the initial stages of an incident equals a 90- to 120-minute reduction in traffic congestion after the incident has been cleared.

Management of an incident and the surrounding traffic problems is a team effort, and each agency has a specific role to play. Planning minimizes on-scene conflict and confusion, as well as redundant requests for additional services.

2. Detection and Verification

Once an incident is brought to the attention of the agencies responsible for maintaining safety and traffic flow, it is necessary to separate real incidents from false alarms and to determine the exact nature of the incident. The speed with which an incident can be detected and verified directly affects the amount of time required to respond to and clear the incident and restore traffic to its normal flow. Fast, accurate detection often results in reduced traffic disruption and greater cost savings. Options to consider are CCTV cameras, CB radio monitoring, incident call-in lines for use by drivers with cellular phones, and visual observations through peak-period motorcycle patrols and dedicated freeway service patrols. Although more expensive options are available—including aircraft patrol, electronic loop detectors, and central information processing and control sites (traffic management centers)—initial planning for FIM should focus on maximizing existing resources and providing low-cost enhancements.

3. Response Time

Police and fire/rescue vehicles have an advantage when responding to an incident. They are equipped with emergency lights and sirens that assist their operators in navigating through traffic. Initial response by these agencies is already fast. However, the thrust of incident management response is aimed at getting the appropriate equipment and resources to the scene. Support agency vehicles—typically not equipped with emergency lights and sirens—lack the legal authority to respond at the same speed as police and fire vehicles. Alternate routes must be developed for these vehicles. Response to major incidents is thus implemented through the planning process, where personnel available for major incident response are already identified beforehand. Often, police agencies think in terms of patrol officers as being the only ones to respond. In many agencies, however, a variety of officers could be called upon to assist in major traffic incidents—those normally assigned to educational, analytical or specialty units (such as Warrant Service or SWAT officers), for example. A list of personnel resources for all agencies must be established. Consider such questions as where to find large front-end loaders to remove spilled cargo or construction barricades. Can auxiliary light units be found and moved to the scene? Where can asphalt be obtained at 2:00 a.m? A list of these resources, their locations, and contact persons should be maintained. Assigning officers and service patrols to congested road sections during peak-use periods will reduce the travel time in that area once an incident has been detected. When assigned to a patrol area that includes a high-incident section of freeway, an officer can be directed to patrol the freeway during peak-use periods, when not on another call for service. Transportation departments can assign maintenance personnel to patrol tasks during peak-use periods. These actions will create greater patrol of congested areas and prevent routine maintenance activity from being conducted during peak-use periods.

Training of all personnel of the agencies involved in incident management creates a greater awareness of each individual's role in incident clearance. When properly trained, workers know what their tasks will be and can begin executing activities in accordance with the FIM plan for the specific incident.A direct correlation exists between effective interagency communications and reduced response time. Transportation offi-cials must be able to communicate with police or fire/rescue personnel on the scene to determine the correct response. Radio or cellular telephones can be used to relay response information to avoid delay, or make detailed requests for specific equipment and personnel from other agencies. Communications is particularly important when planned alternate routes must be modified due to construction or incident events (such as chemical fumes passing from incident site to alternate route).

Each local FIM planning team should consider pre-staged equip-ment storage areas, administrative traffic management teams, public education programs, central information, processing and control sites, and better identification of exact locations on freeways (more frequent mile-post markers, for example). Like other facets of FIM, these must be evaluated as to cost, practicality, frequency of use, and overall benefit. Each planning team must select the options that work best in its locality, implement the procedures, and refine their use.

3. Site Management

The effectiveness of any incident response is directly related to the management at the scene. A well-managed response based on a less effective technique may be more successful than a superior technique that is mismanaged. Incidents involving a single agency response require only that the personnel understand their own duties and are effectively supervised. Multi-agency response on the other hand, compounds the issue of site management. Each agency must understand not only its own role and tasks but also the other agency's responsibilities. This creates a need for coordination and control which increases as the incident becomes more complex. Administrators at the highest level of each agency must instill in subordinates the belief that fast, efficient and cooperative problem resolution is the primary goal. In the absence of such an attitude, “turf wars” can develop that will inhibit incident resolution. A variety of methods can be used to coordinate and control multiple-agency response to incident resolution. The most effective method is to recognize from the outset that each agency must have its own operational command post, which reports to a centralized command post comprised of command or decision-making personnel who are not involved in the actual operational tasks of their respective agencies. Established to coordinate and facilitate the activities of the individual agencies, the centralized command post would not attempt to tell a fire department how to manage a fire in a tractor trailer but would be responsible for ensuring that DOT equipment was properly staged to repair the road surface after the fire had been extinguished. It would also ensure that equipment needed to mark alternate routes was delivered and placed properly. Finally, the centralized command post could serve as the contact point for media information and motorists' advisories, so that conflicting information would not be disseminated.

5. Clearance Time

During incident clearance, the vehicles or debris are removed from the roadway so that they no longer present a hazard or distraction to motorists. Inappropriate or insufficient response of personnel or equipment will greatly lengthen the time needed to clear an incident from the road. On the other hand, clearance times can be reduced by such simple steps as giving directions for access to the site or providing a police escort for wreckers. Clearance also refers to the sweeping or loading of debris deposited as a result of the incident. In most areas, towing and clearance are the responsibility of the wrecker company removing the vehicle. Police agencies usually request wreckers either by contract or a rotation list; the latter method may perhaps result in an undertrained or minimally equipped wrecker responding to a call for service. Care must be taken to ensure that the wrecker companies on the list meet minimal equipment specifications and the operators of wrecker/recovery equipment are trained in the use of the apparatus. Requests for wrecker services should specify the number, size, weight, load and types of vehicles to be removed, as well as the amount of damage and whether or not the vehicle is overturned. Maximum response times for the arrival of wrecker equipment at the scene should be identified as part of the requirements to be included in a wrecker rotation list or contract. The nature or scope of the incident may require public agencies to help with removing the debris or vehicle. A spilled load of plywood would require a loader machine to move it quickly out of the way. Because a DOT loader is often more accessible than a private contractor's, it should be brought to the scene and put to use while the wrecker company is removing the vehicle. Clearance time is reduced by coordinated multi-agency action during the clean-up phase. A wrecker company can be hooking the vehicles to tow trucks while the DOT uses a loader to remove large debris (such as a spilled load of gravel) and the fire department washes the minute pieces of debris to the shoulder.

6. Motorist Information

Often, when motorists are caught in the initial backup of an incident, they will devise their own alternatives. Some may attempt to drive on the shoulders of the road and thereby take the shoulder access away from responding emergency vehicles. Once at a dead stop and in a long backup, some motorists will leave their vehicles and walk to the incident site to see what is causing their delay. Even worse, they may abandon their vehicles and walk to telephones located off the freeway to advise family or child care providers of their delay. As soon as practical, motorists must be told the reason for the delay and the location of the incident. Those not already at the site should be advised how to avoid the congestion. If they are expected to stay on designated alternate routes, motorists must be confident that these routes are visible and clearly marked. Persons unavoidably caught in a traffic backup, sometimes for hours, must be assured that public officials are working to free them from the circumstances. They should also be told how to obtain assistance if they require it. Traffic jams caused by major incidents may dictate the need to provide water, fuel or emergency medical assistance. In one major backup in Virginia, more than 1,000 vehicles were stopped between exits for nearly 2-1/2 hours in 100-degree heat. During the clearing phase, 17 vehicles required fuel or booster starts, one motorist suffered a heart attack, and a baby was delivered.

There are many means by which motorists can be advised of the nature of the problem, alternate routes, and any specific instructions. Some examples include commercial radio stations, fixed and portable variable message boards, detour route signs, highway advisory radio systems, and vehicle-mounted public address units.

7. Recovery Time

Recovery time occurs after the roadway obstruction has been removed and all lanes are reopened for travel. Calculated to end when normal traffic conditions return, recovery time is enhanced by leaving diversion traffic control in place until the main roadway is again operating at a normal pace. Too often, traffic control procedures are dismantled as soon as the wrecker pulls off with the crashed vehicles. To be truly effective, traffic management must continue until the congestion has dissipated. Incident management is a constant and dynamic process. A plan is devised, implemented during an incident, and finally reviewed afterwards for effectiveness. Most public safety agencies conduct after-action critiques of major incidents; police departments after SWAT operations; fire departments after major fires. The same review must be conducted for freeway incidents. Each agency must examine its own response. Then, each agency commander must meet and discuss the efficiency of their interaction with the other agencies involved.

Public and media criticisms of the incident should also be exa-mined. News articles, editorials and letters to the editor or to politicians will identify the perceived strengths or weakness of the response. The team must review all these sources, honestly evaluate the group effort, and modify the plan as necessary. With the Intermodal Surface Transportation Efficiency Act of 1991, resources from FHWA and NHTSA are available for states and localities to create incident management plans and teams. or more information on a step-by-step approach to incident management systems, ontact David Hellman, Federal Highway Administration, Room 6311, Nassiff uilding, 400 Seventh St., SW, Washington DC 20590, regarding the FHWA orkshop, “Relieving Congestion Through Incident Management,” emon-stration Project 86.

Incident Command System

An issue for law enforcement is knowing how to manage frequent, complex emergency incidents effectively while avoiding the problems associated with past responses. The National Interagency Incident Management System (NIIMS) and its on-scene management component, the Incident Command System (ICS), offer the greatest potential for law enforcement application.

Genesis of the System

The ICS and its successor, the NIIMS, evolved from FIRESCOPE, a project in Southern California organized for potential emergencies in the early 1970s. A series of wild-land fires in 1970 in a seven-county area made it apparent that federal, state and local jurisdictions had no management mechanism or resources to allow effective response to wildfire emergencies, which recognize no jurisdictional boundaries. Funded by the United States Congress, FIRESCOPE was chartered to assist Southern California fire service agencies in multi-agency coordination of emergencies involving multiple jurisdictions and exceeding a single jurisdiction's capabilities. The project developed two interrelated and independent systems, the ICS and the Multi-Agency Coordination System (MACS).

Analysis quickly identified three problem areas in analyzing interstate shoulder collision data over a nine-year period:

Shoulder collision rates on urban interstate highways were extremely high compared to rural interstate highways.

Injury rates for shoulder collisions were substantially higher than the rates for all other accident categories.

The average age of vehicles struck was 9.6 years The study noted that 70 percent of all shoulder collisions had occurred in the state's three most populous counties; 41 percent involved injuries.

The study recommended a two-hour impound policy for all abandoned vehicles on limited access highways where the speed limit was 55 mph or less, and four hours for all other limited access highways. It also suggested urban areas should post restric-tive signs advising that abandoned vehicles were subject to impound.

Following the study, the state Department of Transportation looked at the shoulder collision problem again and found that, over a 7-year period, 3,165 shoulder collisions had occurred on interstate, limited access, or other state highways; 57 percent of them occurred in urban areas, 43 percent in rural areas. Additionally, 55 percent occurred at night. These collisions caused 40 deaths and 1,774 injuries. These findings reinforced the need to remove abandoned vehicles in all areas, urban and rural, day and night.

Determining Impound Policies

When considering any state's liability in determining impound policies, a “catch-22” situation clearly arises. If vehicles are promptly impounded, the accident potential is reduced, but the state's likelihood of paying a contested tow bill increases. If vehicles are not promptly removed and are vandalized or struck, the state's liability is even greater when the relatively small cost of a tow bill is compared with potentially large costs of wrongful death or serious injury lawsuits. One wrongful death award can cost the state much more than paying hundreds of $100 toll bills.

Police departments who patrol high-speed highways should choose the most aggressive impound policy that is legal, in order to protect the public interest and reduce liability. An aggressive public information campaign can help raise awareness of the abandoned vehicle problem. Additionally, law enforcement agen-cies should lobby their legislatures to request changes to eliminate length grace periods contained in motor vehicle codes. Agencies that fail to develop and enforce impound policies may face court-imposed costs, and shoulder collision rates likely will rise, thereby increasing the agency’s potential liability. It is hoped that sufficient evidence is now available to convince court officials, the public, and police administrators that vehicles abandoned anywhere upon highway right-of-ways are hazardous to the public safety.

Organizing the Detail In a busy rest area, it is advisable to have as many as six officers on an assignment, set up in teams, with each team assigned with a decoy and surveillance person. The surveillance person is responsible for keeping all of the members aware of the decoy's whereabouts and activities at all times. A marked unit, if available, would be assigned to the program to provide transportation to jail for those arrested. If an extra marked unit is not available, then nearby officers should be notified of the operation, and a marked unit called to assist in booking suspects. Because of the wide use of police radio scanners, officers must be extremely circumspect in radio transmissions affecting the operation.

With a six-person team, one officer is given the assignment of being a decoy and allowing men to approach him and discuss sex, while three additional officers, a detective, and a supervisor provide surveillance and look for other crimes.

The decoy, during his conversation with suspects, tells them that he charges for his services—that he only “plays for pay.” When an offer of a specific sex act with an agreement for a fee is reached, the suspect is arrested for prostitution. The decoy may or may not allow the suspect to touch him, and, if he does so, only the arm, shoulder, or leg area should be touched. Officers playing the role of decoy should not allow themselves to be touched in the area of the groin or buttocks. Decoys should tell suspects who try to touch them that they do not allow themselves to be touched prior to payment. If touched in the groin area, they should immediately tell the suspect to stop. If the suspect continues, he should be arrested for assault or a similar offense that prohibits unprivileged physical contact.

Unit members not playing the role of decoy should be told to arrest anyone who touches them in the groin area or anywhere they do not want to be touched, especially while using the toilet facilities or areas where it is known that sexual practices occur.

Supervisors should review each arrest and determine whether or not the officer has probable cause to book the suspect or issue a citation and release the individual on a written promise to appear.

Information on arrests should be logged into a computerized program, and as a suspect goes through the court system, the arresting officer should be notified of the case disposition, which is then added to the computer file.

Each officer assigned to surveil a decoy should be equipped with a portable radio that communicates with the other officers and the command post. Each decoy should have a pre-arranged signal to alert the surveillance officer and others when an arrest is to be made. The surveillance officer is responsible for keeping super-visors and others aware of the decoy's whereabouts at all times.

Media Coverage

Departments should not overlook the advantages to be gained by effective media coverage of efforts to clean up rest areas. At the same time, a department contemplating such a program must be aware it is absolutely essential to conduct it in such a manner that does not penalize persons for lifestyle choices but, rather, focuses on illegal sexual behavior that is harmful to the community.

Pedestrian Safety

After vehicle occupants, pedestrians represent the second largest category of motor vehicle deaths. In a recent year, motor vehicle crashes claimed the lives of 5,797 pedestrians in the United States. Approximately l00,000 more were injured. Over a 12-year period, between 14 and 17 percent of all traffic deaths annually have involved pedestrians.

The loss of human life and suffering caused by these crashes is a serious national health problem. Each year, the economic cost of salary loss and medical expenses also amounts to billions of dollars.

The federal government has designated pedestrian safety as one of the national priority highway safety program areas. Pedestrian safety is a nationwide concern, and effective countermeasures exist to address the problem. In order to combat the problem, each law enforcement agency must take the initiative.

Reasons Behind Lax Enforcement

Although pedestrian safety has been identified at the federal level as a serious problem, it may not be perceived as such at the state and local level. Many communities are unaware of pedestrian safety issues or are forced to overlook them because of budget constraints.

Law enforcement activity on pedestrian safety has been limited because of several reasons. One of the biggest reasons is a significant lack of technical information available to the law enforcement community. Some departments give pedestrian law enforcement a low priority because of other demands, such as violent crime, drug intervention, increased calls for service, or lack of manpower. In these circumstances, concerned police agencies are faced with the challenge of creating a demand for enforcement of pedestrian laws within their agencies or communities.

A police agency becomes more involved with pedestrian safety issues for a variety of reasons, one of the most common of which is a local tragedy. The publicity surrounding such an event often sends the community to the police for leadership in solving what may be a pedestrian safety problem. Another reason for police involvement is the identification of pedestrian issues through the analysis of accident reports. Whatever the reason, it then becomes time for someone within the agency to develop expertise in pedestrian safety issues.

Changing Attitudes and Behavior

As with other traffic safety programs, a pedestrian safety law enforcement program requires using the “3-E” (enforcement, education, and engineering) approach. Changing pedestrian and motorist behaviors and attitudes about pedestrian safety is an ongoing process that requires an ongoing commitment. The commitment will not take a great deal of time nor drain resources, but it will demonstrate to the community that your police agency takes pedestrian safety seriously. Other community organizations may be encouraged to follow your lead, and together you can utilize community policing concepts to improve pedestrian safety.

The Pedestrian Crash Picture

Children, the most inexperienced users of the road system, have nearly 43 percent of the pedestrian accidents although they comprise only 30 percent of the population. Their resiliency to injury is probably the reason for the disproportionate percentage of fatalities experienced by this age group. Of the child pedestrian mishaps, 2.6 percent result in death.

Target Percent of Group Population Total Fatalities Crashes

The fact that working adults have years of experience using the road system may explain why this group, comprising 60 percent of the population, has only 50 percent of the pedestrian crashes. The resiliency of youth fades in this group, however, and it experiences a fatality rate equal to its population numbers. Of the mishaps happening to working adults, 6.8 percent result in death.

Older adults have fewer mishaps than would be expected for the size of this age group due to, perhaps, their many years of experience and a lowered use of the road system. But a frailty factor likely operates here, and a large percentage of these mishaps—16.1 percent— result in fatalities.

When pedestrians are involved in motor vehicle crashes, the results are usually disastrous. Close to 6,000 pedestrians are killed each year in traffic crashes, often the result of alcohol use by the pedestrian, the motorist, or both, plus excessive speed by the motorist. These causes account for almost 15 percent of all annual fatalities.

Males account for about 70 percent of the pedestrian fatalities, making them over-represented. The male pedestrian fatality rate is 3.24 per l00,000 population—more than twice the rate for females.

Nearly the same number of pedestrians are killed on weekday days as on weekday nights; however, weekend nights see almost twice as many pedestrian fatalities as do weekend days.

Approximately 60 percent of pedestrian fatalities occur at night. Half of the victims under 16 years of age are killed in crashes that occur between 3:00 p.m. and 7:00 p.m.

Seventy percent of the pedestrian fatalities occur in urban areas, and 82 percent of fatally injured pedestrians are at non-intersection locations. People 65 years and older have the highest pedestrian fatality rates and are more likely to sustain serious injury or death if struck by a motor vehicle. They account for 18 percent of all pedestrian fatalities.

Twenty-eight percent of annual pedestrian fatalities involve children under the age of five. Pedestrian mishaps are the single largest cause of death of children ages 5-9 years. More than 25 percent of the traffic fatalities under age 16 are pedestrians.

Alcohol involvement, either for the driver or pedestrian, is reported in more than half of the motor vehicle crashes that result in pedestrian fatalities. Nearly one-third of the pedestrians involved are intoxicated, with BAC levels of 0.10 or greater. While the percentage of alcohol-related traffic accidents involving drivers and passengers in motor vehicles has been steadily declining, the percentage of alcohol-involved pedestrian accidents has remained relatively constant.

Pedestrian Safety Programs

Commitment by the law enforcement agency's chief executive is essential to the success of a pedestrian law enforcement program. Involving the community in the planning and implementation of such a program is equally important. The goals of a pedestrian safety law enforcement program are to have citizens be aware of and comply with the pedestrian laws and to have police officers enforce these laws.

It is only logical to have both the police and the community working together on a program aimed at citizen behavior. Prob-ably no single organization has a great deal of time to devote to pedestrian safety; however, by pooling resources you can have a significant impact.

The method agencies use to train officers placed on traffic assign-ments enhances the effectiveness of a pedestrian program. Recruit schools and traffic commanders need to explain and emphasize the reasons why pedestrian law enforcement is important. They need to sell their officers on enforcement by using educational efforts.

Suggested training tools for educating police officers about pedestrian law enforcement include using the same safety messages communicated to the general public by television, radio, or brochures; placing articles about pedestrian safety and enforcement concepts in police memos and bulletins; and developing enforcement videotapes to be shown at roll call.

When issuing a citation to a pedestrian or motorist for a pedestrian violation, officers should be encouraged to run a check on the violator's license. The officer may find that the violator is a wanted criminal or is driving on a suspended license. Officers will then see that they are not only reducing the pedestrian problem but also responding to other crimes. For traffic officers to enforce pedestrian laws and be dedicated to the program, police supervisors must communicate their support and provide positive reinforcement, and top management must trust its commitment.

Obstacles to Enforcement

Throughout the country, police agencies run into obstacles when trying to enforce pedestrian laws. These obstacles include a lack of interest or understanding, the severity of other law enforcement programs, insufficient training or funding, weak laws governing impaired pedestrians, and inadequate support from the judicial system, where many judges do not support efforts to ticket pedestrian safety violators.

By decriminalizing public intoxication, lawmakers intended that public drunks would be treated rather than punished. However, when that law changed and the resources directed toward public health facilities for alcohol treatment never materialized, police officers were left with no permissible law enforcement response and no places to take public drunks. In some jurisdictions, the increased emphasis on anti-DWI programs has led to more intoxicated persons on foot and an increase in the number of alcohol-involved pedestrian crashes. We can often remove some of the obstacles to pedestrian safety enforcement by learning from the successes of other jurisdictions. Invite police officers or commanders from other agencies to explain how pedestrian laws are enforced, and how tickets are issued in their jurisdictions. Inform judges and prosecutors about your program and the statistics concerning pedestrian crashes. Involve members of the judicial system in planning your pedestrian law enforcement program.

Planning to enforce pedestrian laws where they have not been enforced before will only lead to resistance unless the public is educated beforehand. The pedestrian safety program is effective only when it successfully integrates enforcement, education, and engineering. Once a community has been educated about pedes-trian safety and understands the importance of following the laws, it is more likely to support a law enforcement program. Educational programs can mobilize community support for pedestrian law enforcement, which is crucial to its success. Ten years ago, people did not expect to be arrested for DWI and if arrested, expected minimal punishment. Today, DWI is considered a serious offense and carries serious penalties and a social stigma. The difference often is attributed to organized public support and demand for enforcement from groups like Mothers Against Drunk Driving (MADD).

Educating the public will change attitudes, improve skills, and increase knowledge about pedestrian safety issues.

Pedestrian Education Issues

Some pedestrians dart out into the street without stopping or looking for traffic, and others cross at intersections without checking for turning traffic.

Pedestrians sometimes do not understand what flashing “Don't walk” signals mean. They mean, “Continue your trip but do not start if you have not yet begun.” Pedestrians often begin crossing the street as the “Don't walk” signal is flashing, instead of waiting for the next signal cycle. Some pedestrians also disregard crossing signals altogether and cross the street when they think it is clear.

Pedestrians frequently do not realize the importance of being able to see motorists as well as being seen by them. Some walk along the roadway in the direction of traffic and cannot see traffic coming up behind them. Others walk in the street or along the roadway at night without any reflective clothing. Pedestrians are unaware of the dangers involved by stepping out of a vehicle once it has been disabled. When pedestrians step out of a car, they often walk too closely to the road. When they cross they may misjudge the speed of oncoming vehicles, especially on high-speed roadways.

Children do not perceive moving vehicles in the same way adults do. They frequently lack the ability to judge the speed of oncoming vehicles. Pedestrians crossing high-speed roadways or rural roads are often unable to judge the speed of oncoming vehicles. Some pedestrians walk through parking lots or pass driveways without looking for moving vehicles. Crashes usually involve a behavioral error on the part of the pedestrian, the motorist, or both. Motorists' behavioral errors can be seen in exceeding the speed limit; failing to slow down when driving through residential areas in which children are playing; and failing to reduce their speeds on city streets, in shopping areas, or in the vicinity of crosswalks where pedestrians are abundant. Many motorists turn without looking for pedestrians crossing their paths, particularly in right-turn-on-red situations. They ignore the law requiring them to yield or stop for pedestrians in crosswalks. Motorists may back up without checking for pedestrians behind the vehicle, a particular hazard for delivery trucks calling on house-holds. Also, motorists may pass stopped vehicles, such as school buses, and thus endanger pedestrians.

Properly planned and sustained enforcement programs and public education make people adopt intelligent practices for both walking and driving. You can assist by developing a public information campaign, with a media packet—containing information about pedestrian laws, high-risk behaviors, accident statistics, and particularly dangerous intersections or areas of your community—to be distributed to newspapers, radio, television, and community bulletins.

Publicity Efforts—A Necessity

Holding a media conference when pedestrian issues are more likely to gain attention, such as when schools open or close, can be a particularly effective time to kick off a pedestrian safety program. Newspaper articles can be used to ask the public to identify the most hazardous areas in the community for pedestrians. Active or retired officers can provide public information at scheduled programs in local schools and clubs.

Dispatching a brochure about pedestrian safety with all traffic citations and written warnings is another effective method of educating the public. You may also wish to consider including a survey about pedestrian safety as a means of obtaining information about how much individuals know about this topic. You can ask public transit agencies to include pedestrian safety advertisements on the exteriors and interiors of their buses. Motor vehicle authorities should be encouraged to include a section on pedestrian laws, rights, and obligations on driver's tests, in driver education programs, and in violator schools. In your educational efforts, personalize the issue by showing how a loved one could be a pedestrian at risk. Victims' stories told from a point of view as survivors are effective in such campaigns. Because most drivers also walk, appeal to them from both perspectives. How do they behave toward pedestrians when they are driving, and how do they expect a driver to behave toward them when they are walking?

Utilities, banks, and other institutions and organizations can be encouraged to include pedestrian safety information in monthly billings and mailings. The state Motor Vehicle Division can be asked to include such information with automobile registration and driver license renewal notices. Senior citizen groups and youth groups such as the Boys Scouts can be used to assist with mailing tasks.

Encouraging and supporting a pedestrian advocacy operation is also useful. When preparing educational material, stress safety and not punishment. Inform citizens about situations that can be dangerous for pedestrians, rather than telling them about the jaywalking tickets they can receive. A good idea is to integrate pedestrian safety with corporate health and traffic safety programs, such as occupant protection, impaired driving, smoking cessation, and weight control. Your message can reach many more people than it would if you were doing it alone, and your limited funding and resources are thus maximized for a greater impact.

Your pedestrian safety program will be much more effective if you gain the support of government officials, community leaders, and organizations by forming a pedestrian safety committee of individuals who have an interest in traffic safety issues. Potential members can include representatives from government, the Safety Council, the school system, media, automobile clubs, youth, civic, and senior citizen organizations; traffic engineers; and hospital or trauma center personnel. Networking with community groups is an excellent method for obtaining citizen input as you develop and implement pedestrian safety programs.

Cooperation with Engineers

Traffic engineering countermeasures can improve pedestrian safety by modifying the physical environment. Solutions can range from painting crosswalks to constructing pedestrian overpasses.

Engineering and enforcement interventions to improve safety can include modification of stoplight signals to increase pedestrian crossing time, new roadway markings to emphasize crosswalks, pedestrian signals on median islands, oversized speed limit signs, and increased police enforcement of the speed limit.

City planning departments should be made aware of pedestrian issues and consider them when approving site plans. Typical urban problems, such as traffic volume, limited resources, and crime, pose problems for pedestrians that may not be addressed as a community grows.

Engineering factors regarding pedestrian safety should be integrated into the community plans, including overhead cross-walks, sidewalks, marked crosswalks, street lighting, shortened city blocks, and curb ramps for the disabled.

Strategies for High-Risk Populations

Specific pedestrian populations have been identified as being high-risk. They are either over represented in pedestrian crashes, or they put themselves in vulnerable positions as pedestrians. These high-risk individuals include older adults, alcohol-impaired pedestrians, and children. Increase enforcement in areas where there are high concentrations of older adults. When pedestrians see officers ticketing violators, they will be more law-abiding themselves.

Crossing guards can be assigned to high-concentration areas during peak times or at designated times publicized to older adults. Placing crossing guards in concentrated areas greatly reduces the opportunities for motorists to violate pedestrian laws. Sometimes, volunteer crossing guards can be obtained through organizations such as the AARP (American Association of Retired Persons) or retired police officers' groups.

Determine where older pedestrians walk to shop, eat, or exercise, particularly in areas with high concentrations of older adults, such as retirement communities. The Department of Social Services or senior citizen centers can help police departments identify such locations, as well as the times when older adults are most likely to be in high-traffic areas. Suggestions can be made to older adults about the safest times to be pedestrians.

Many older pedestrians are killed while crossing legally in cross-walks. A high rate of older pedestrian are involved in right-turn-on- red and left turn crashes. Radio and television public service announcements, which reach a wide audience, can stress messages aimed at older adults to make them more aware of their limitations and adjust their driving and walking behaviors accordingly. Video or slide presentations can be made to older adult organizations, including church groups and social clubs, who are frequently eager to have programs of interest presented to their members.

Mature motorists programs are available from the AARP and the American Automobile Association. These training programs cover the issue of dealing with back or neck problems that may interfere with an older driver's ability to check for pedestrians before backing out of a driveway or parking space and other issues, such as slowed response time, sensory deficiencies, mental deficiencies, and other behavioral defects.

Inform traffic planners of the engineering needs for older adults. Offer suggestions for countermeasures that will aid older adults: bigger signs; timed push-button crossing lights to allow a longer pedestrian crossing time; refuge islands to provide a safe haven for those unable to cross the street during one pedestrian crossing signal cycle; high-visibility crosswalks with overhead lighting, flashing lights, or reflectors to allow motorists and pedestrians to see them better; delayed green lights on all-ways stop for motorists so that pedestrians can cross in any direction or get a head start on crossing before vehicles make their turn; and the construction of fences and barricades to direct pedestrian flow to intersections and discourage mid-block crossings.

Alcohol-Impaired Pedestrians

Law enforcement options for handling intoxicated pedestrians are limited now that public intoxication has been decriminalized. Education is the best way to encourage pedestrians to look for alternate forms of transportation when drinking. Your agency can also participate in legislative action to criminalize walking while intoxicated.

The message to be communicated to the public is that intoxicated pedestrians present a hazard to law-abiding motorists as well as to themselves. You can develop a public service campaign addressing the relationship between alcohol and pedestrian crashes, and expand public education about DWI to include the risks of walking while intoxicated. Enlist the participation of anti-DWI groups in a campaign to highlight the dangers to pedestrians caused by drunk drivers, and of drunk pedestrians to themselves.

Campaigns can be developed to alert restaurant and bar industries to the problems related to drinking and walking, especially if you involve the Alcohol Beverage Control Board in your jurisdiction.

Child Pedestrians

Educational countermeasures are most effective with this age group. Enforcement agencies can play a significant role from an educational perspective by developing safety materials for parents; delivering training materials to pre-school programs and day-care centers to train child providers to teach children about traffic safety skills; developing programs for school crossing guards to instruct children to identify and report maintenance problems such as broken pedestrian lights or signs that need replacing; and developing school-based educational programs on pedestrian traffic safety. One simple initiative is the installation of a mechanical arm that swings out ten feet in front of a school bus so that children must walk around it to cross the street and will be more visible to the bus driver.

Other High-Risk Populations

Other populations at risk are pedestrians on high-speed roadways and tourists. Convincing the highway engineering departments to construct overpasses and barricades, so that pedestrians are prevented from crossing high-speed roadways, can help reduce collisions in these locations. Distributing information about the dangers of crossing high-speed roadways can also be effective when they address vehicle distance and speed as well as alcohol impairment problems.

Motorists need to be aware of the risks they take when they get out of disabled cars on high-speed roadways. Pedestrians have been killed while standing in the road wondering what to do, while working on their cars, or while attempting to flag down assistance. It is extremely important to distribute information on the dangers and safety precautions motorists should take when their vehicles becomes disabled. Transportation departments should be encouraged to install telephones along expressways so that pedestrians can call for vehicle assistance, and to post signs instructing motorists what to do if their cars break down.

Police can work with hotel and motel associations to develop public information and education materials for tourists, including information on the dangers of walking after drinking. Hotels and motels can be encouraged to distribute pedestrian safety materials to guests as they arrive and to develop maps with safe pedestrian routes. Pedestrian educational materials can be placed at rest stops along interstates and can be included on, or attached to, state tourist maps.

Construction Zone Safety

An enforcement program is the best approach to deal with the safety of construction workers on high-speed roadways. The Michigan State Police developed a program called Construction Zone Accident Reduction (CZAR). It involved a pre-enforcement study period, an enforcement period, and a post-enforcement study. Prior to any enforcement efforts, the study indicated that cars averaged 56 mph in a posted 45 mph construc-tion zone. Undertaking vigorous enforcement efforts, state police issued speeding tickets during the times when construction workers were present. A post-enforcement study indicated motorists had reduced their speed by an average of 8 mph. In the state of Pennsylvania, a double fine is imposed for speeding in construction zones. Signs describing the fine for each incremental speed violation and the amount if doubled are posted to inform motorists of their financial liability.

Federal Funds

Federal funds available to highway and traffic safety initiatives in states and local areas are known as Section 402 funds. These formula grant program funds are intended to aid the states in conducting approved highway safety programs, under the direction of the governor's highway safety representative. City and county government agencies are eligible for 402 grants to fund activities in priority program areas such as occupant protection, police traffic services, alcohol and other drug countermeasures, emergency medical service, traffic records, motorcycle safety, and pedestrian/bicycle safety. For information on these programs, contact your state governor's representative for highway safety.

Federal funds are also available to conduct research, develop new technology, and demonstrate new strategies and technology in the field of highway traffic safety. Referred to as Section 403 funds, they are awarded through grants, contracts, and cooperative agree-ments with state governments, universities, and consultants.

Several other sources of federal funding are available for highway safety strategies. These are incentive grants, awarded to states meeting certain legislative and program requirements.

Section 153 funds are awarded to states that have safety belt and motorcycle helmet use laws and that reach certain usage levels specified by law. Section 408 and 410 funds are awarded to states that have passed legislation such as administrative license revocation, mandatory jail for repeat alcohol offenders, and lower legal BAC content levels, and that have programs that control access to alcohol by use, conduct sobriety checkpoints, and have self-sustaining alcohol programs. For more information on any of these programs, contact your governor's representative for high-way safety.

Available pedestrian safety materials include the AAA Traffic Safety Services Catalog, published by the American Automobile Association, Traffic Safety Department, 1000 AAA Drive, Heathrow, Florida, 32746; and the Pedestrian Accident Reduction Guide, distributed by the National Highway Traffic Safety Administration, NTS-23, 400 7th Street, S.W., Washington, D.C., 20590. The Walk Alert Program Guide is published by the National Safety Council, 444 North Michigan Avenue, Chicago, Illinois, 60611-3911. The National Safety Council also produces a “Watchful Willy Preschool Pedestrian Program” aimed at preschool children to modify behavior and increase safety awareness. The AAA also produces a booklet entitled, Older Adult Pedestrian Safety, that gives local communities guidelines for the development of programs that meet older adult pedestrian safety problems. The National Safety Council has a similar brochure entitled Walk Alert: Pedestrian Safety for Older Adults. The National Association for the Education of Young Children, 1834 Connecticut Avenue, N.W., Washington, D.C., 20009 has a program, entitled “Walking in Traffic Safely (WITS).” This traffic education curriculum package for young children, aged pre-school to six years old, is designed to teach them about streets and cars. Any of these programs are yours for the asking.

Public Information and Education Programs

From the smallest police departments where the chief must handle formal public relations efforts to larger municipal police and sheriffs' departments, state police and highway patrols that have formal public relations units within their organizations— police everywhere need to tell their story. And nowhere is this need more relevant or important than in the field of traffic and highway safety.

In too many instances, the department's spokesperson may have little, if any, training or experience, either in communicating with the media or in organizing and managing an effective public relations campaign. Often the person in charge of public relations may be at a loss to know what is expected of him, or where to obtain assistance.

For many years, the National Highway Traffic Safety Administration (NHTSA) has urged law enforcement agencies to establish comprehensive traffic safety programs. One way to accomplish this with a public information and education (PI&E) program that creates a “perception of risk” among the public, so they will support proactive traffic enforcement. Public information programs are needed not only to educate but also to keep the topic of traffic safety before the media and, thus, the public.

Public Information

The public perception of the police is directly affected by the image you portray. You can gain public understanding, support, and confidence with a positive impression created through effective, ongoing contacts with the people you serve. A positive climate for these relations between your officers and the public can be fostered by successful media relations. In larger departments, a person or a unit may be responsible for implementing a public information program. However, even in a department where such a unit is not possible, a good public information program can be created. What is needed is a strong commitment by the head of the agency to lead by example.

The task of public information consists of two important areas— external and internal information.

External public information informs the public of departmental activities, develops good relations with the local media, performs traffic safety education and community services, develops an effective liaison with the legislative and judicial branches of government, and enhances overall department image. Internal public information disseminates information on internal activities and employee achievements to department employees.

Media Relations

Media relations is the most important tool at your disposal in your quest for a good public affairs program. The majority of the public has no direct contact with you. Their perceptions are greatly influenced by what they see, hear, and read on television, radio, and in the newspapers. Positive publicity generates positive opinion, and negative publicity can destroy what took years to accomplish.

Too often, we fear close contact with the media, either because of an incident in which we received unfair treatment, or as a result of a “horror story” from a fellow officer. Sometimes, we react to such painful experiences by withdrawing into a shell and refusing to cooperate or even talk with the press. When we do this, we risk digging a hole for ourselves so deep that it will take an unbelievable amount of work and determination to regain public trust. Our programs suffer as a result of being unable to inform the public adequately of what we are doing. Upon closer examination, we may find that the negative repercussions could have been avoided if we handled the media differently. Proactive media efforts can often identify a potential problem and manage its probable outcome. Make media relations a high priority in your department because, without them, effective public relations programs are impossible.

Community Programs

Community programs are formal services that serve a demonstrated need within a particular community or area. They are sponsored totally or partly by the law enforcement agency and aimed at mitigating a particular problem, or advising a segment of the population about a specific program. These activities can include both crime prevention programs and traffic safety projects. Examples are neighborhood watch, operation identification, DARE, rape and assault prevention, child molestation prevention, bicycle safety programs, Halloween safety, departmental appearances, tours, speaking presentations, and ride-along programs.

Public Perception of Risk

The goal of traffic safety programs is to convince the public that violating traffic laws leads to crashes, serious injury, or death. Too many people take the use of vehicles for granted and think, “It can't happen to me!” Effective PI&E programs address this perception of risk, to help the public understand that the risk of dying or being seriously injured in a traffic crash is real. They must be shown statistics that will convince them of this. A comparison of traffic statistics to crime statistics will show that, although people are more fearful of being the victim of a crime than being involved in a crash, traffic crashes are violent events that are more likely to happen, even in a high-crime area.

This same theory can be applied to enforcement strategies. Regardless of how many violators your officers stop, the only people that will be aware of this activity are those who are stopped or ticketed. To give the general population the idea that, “I might get caught, too,” and thus secure additional voluntary compliance with the traffic laws, you must introduce timely public information with your enforcement efforts. For the same reason, highly visible enforcement programs such as sobriety checkpoints, wolfpack patrols, speed saturation, and occupant restraint and equipment checkpoints, have a great deterrent effect as the public observes a number of police units in the area.

Working With the Media

Public information officers must recognize and understand the needs and requirements of the media and help the media understand the methods, policies, and constraints governing law enforcement. Then the best possible image of the department can be conveyed to the public, and the media can perform its primary mission to educate and inform.

Newsworthy events occur almost hourly, many directly or indirectly involving law enforcement. We may secretly believe the media has no business investigating these police matters and should stay clear until they are told differently by us; yet the media believes its responsibility is to inform the public about every detail of a story it considers newsworthy. If an event provokes media interest, the fact is that the story will go out, with or without our help. Law enforcement needs the media as an ally, but the media does not need us to do a story—their existence doesn't depend on us.

The print media (newspapers and magazines) are more interested in the smaller details of a story than television and radio reporters, who must tell the story in a few seconds. However, newspapers, too, revolve around deadlines. Being familiar with the deadlines of the various newspapers will help you time releases to accommodate schedules, ease the workload of reporters, and help your relationship with them. Despite the reporter's insistence, you may be able to take time to prepare your response to certain news events.

Radio media operate 24 hours a day, just as we do, and constantly require information from us. With stories introduced and updated around the clock, deadlines seldom exist. Broadcasts, which are short and concise, do not require a lot of detail. The desired format is a quick, factual release of the main parts of the story. Be prepared to condense a release of information into a nine to fifteen second time period to accommodate radio's format. Half the battle of getting your story aired is minimizing editing by the station to fit it into their time frame. A snappy, factual, and appropriately timed release that requires little or no editing helps guarantee that your release will be broadcast as is, with the facts you want included. It also eases the workload of the station staff and helps your relationship with them. Radio has the largest audience during the morning and evening commuter rush hours, and requests for updates and comments will increase during those times.

Radio stations frequently request a taped phone interview for broadcast. Before you comment, ask if you are being taped. Avoid personal opinions—remember, you are representing the department. Feel free to ask a reporter, before the taping starts, what questions they will be asking. If you make a mistake, realize it and correct it, either by making the correction or retaping the interview. The radio format is especially valuable for getting out traffic and emergency information, such as detours, evacuations, and temporary parking restrictions. Officers can also serve as guests on talk shows and provide information about departmental activities.

The television media can be summed up by the old adage, “A picture is worth a thousand words.” TV, like radio, must fit the story into a short, concise package suitable for viewing. However, unlike radio, TV has fixed deadlines, because time is required for editing and preparing raw video footage of an incident or interviews to meet scheduled air times. If you are being interviewed on camera, discuss the interview outline with the reporter until you feel comfortable about it. If you know in advance, do some research on the topic. It is possible to stop the cameras if you make a mistake and tape that portion of the interview over. As TV news crews have become more mobile, live television interviews at the scene of an event are commonplace. Your officers in the field must be trained to respond to these live requests. Television, because it combines news with the impact of visual images, can enhance your PI&E efforts. Use TV whenever it can help your efforts.

National News Media

Radio and TV network reporters and national wire services will descend on you whenever you have news of more than local interest—a riot, a public demonstration, or even a severe storm. You must be prepared for this to happen.

Good coordination is the key to dealing with the national media. Designate one spokesperson or public information officer to do all the interviews if possible. This avoids releasing conflicting information or making it look as though you are hiding something. In disaster situations, designate a media staging area where they can work and you can interface with them. Don't overlook your local media simply because the national people are on the scene. When the national attention goes away, you must face the local media 365 days a year.

Public Service Announcements

Radio and TV stations broadcast public service announcements (PSAs). In addition, many newspapers will print free public service ads as a community service.

If you wish to use PSAs, remember that they are a form of advertising. Develop them as an advertising agency would develop an advertisement or commercial. They should have a theme, present a concise and easily understood message, and be factual and entertaining. Sometimes, the use of a celebrity or radio or TV professional as the voice over, or “talking head,” will help to get your message across. If you produce your own PSAs, be sure they are of broadcast or print quality, or you can be assured that they will not be used. Frequently, a local advertising agency will assist you, free of charge, as their own contribution to the public well-being.

Managing The Media

Learn, either by attending journalism or police-media courses or from a friendly media representative, how to write a good news release—one which contains the “who, what, why, when, where, and how” in the first paragraph and adds details of diminishing importance in subsequent paragraphs, so it can be easily edited to fit the space available.

Get to know the names, addresses, phone and pager numbers of the movers and shakers in your local media. Be accessible to them. If you send news releases out, do not address them generically to the news desk, but send them to someone you know. Top department officials should also develop friendly relationships with managing editors, publishers, and those who set editorial policy. Have a formal policy on handling the media, and consider issuing press cards to bona-fide media representatives, to allow them the closest possible access to a scene without disrupting operations or destroying evidence. Regular meetings every few months between the department management and media representa-tives provide both parties an opportunity to break bread together and iron out any differences.

How to Obtain Further Information

NHTSA has a booklet entitled, Law Enforcement Public Information, as well as examples of video and audio-taped PSAs, that is free for the asking. You can obtain copies by contacting

Police Traffic Services Division (NTS-41) National Highway Traffic Safety Administration 400 7th St., S.W. Washington, D.C. 20590