National Academies Press: OpenBook
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Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Admissibility and Public Availability of Transit Safety Planning Records. Washington, DC: The National Academies Press. doi: 10.17226/25144.
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Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Admissibility and Public Availability of Transit Safety Planning Records. Washington, DC: The National Academies Press. doi: 10.17226/25144.
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Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Admissibility and Public Availability of Transit Safety Planning Records. Washington, DC: The National Academies Press. doi: 10.17226/25144.
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Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Admissibility and Public Availability of Transit Safety Planning Records. Washington, DC: The National Academies Press. doi: 10.17226/25144.
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Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Admissibility and Public Availability of Transit Safety Planning Records. Washington, DC: The National Academies Press. doi: 10.17226/25144.
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Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Admissibility and Public Availability of Transit Safety Planning Records. Washington, DC: The National Academies Press. doi: 10.17226/25144.
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Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Admissibility and Public Availability of Transit Safety Planning Records. Washington, DC: The National Academies Press. doi: 10.17226/25144.
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Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Admissibility and Public Availability of Transit Safety Planning Records. Washington, DC: The National Academies Press. doi: 10.17226/25144.
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Below is the uncorrected machine-read text of this chapter, intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text of each book. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.

Prepublication Copy—Uncorrected Proofs Transportation Research Board Special Report 326 Subscriber Categories Public Transportation (PT), Law (LAW), Safety and Human Factors (SHF) Transportation Research Board publications are available by ordering individual publications directly from the TRB Business Office, through the Internet at www.TRB.org or nationalacademies.org/trb, or by annual subscription through organizational or individual affiliation with TRB. Affiliates and library subscribers are eligible for substantial discounts. For further information, contact the Transportation Research Board Business Office, 500 Fifth Street, NW, Washington, DC 20001 (telephone 202-334-3213; fax 202-334-2519; or e-mail TRBsales@nas.edu). Copyright 2018 by the National Academy of Sciences. All rights reserved. Printed in the United States of America This report was reviewed by a group other than the authors according to the procedures approved by a Report Review Committee consisting of members of the National Academy of Sciences, the National Academy of Engineering, and the National Academy of Medicine. This study was sponsored by the Federal Transit Administration and by the U.S. Department of Transportation.

Prepublication Copy—Uncorrected Proofs The National Academy of Sciences was established in 1863 by an Act of Congress, signed by President Lincoln, as a private, nongovernmental institution to advise the nation on issues related to science and technology. Members are elected by their peers for outstanding contributions to research. Dr. Marcia McNutt is president. The National Academy of Engineering was established in 1964 under the charter of the National Academy of Sciences to bring the practices of engineering to advising the nation. Members are elected by their peers for extraordinary contributions to engineering. Dr. C. D. Mote, Jr., is president. The National Academy of Medicine (formerly the Institute of Medicine) was established in 1970 under the charter of the National Academy of Sciences to advise the nation on medical and health issues. Members are elected by their peers for distinguished contributions to medicine and health. Dr. Victor J. Dzau is president. The three Academies work together as the National Academies of Sciences, Engineering, and Medicine to provide independent, objective analysis and advice to the nation and conduct other activities to solve complex problems and inform public policy decisions. The Academies also encourage education and research, recognize outstanding contributions to knowledge, and increase public understanding in matters of science, engineering, and medicine. Learn more about the National Academies of Sciences, Engineering, and Medicine at www.nationalacademies.org. The Transportation Research Board is one of seven major programs of the National Academies of Sciences, Engineering, and Medicine. The mission of the Transportation Research Board is to increase the benefits that transportation contributes to society by providing leadership in transportation innovation and progress through research and information exchange, conducted within a setting that is objective, interdisciplinary, and multimodal. The Board’s varied activities annually engage about 7,000 engineers, scientists, and other transportation researchers and practitioners from the public and private sectors and academia, all of whom contribute their expertise in the public interest. The program is supported by state transportation departments, federal agencies including the component administrations of the U.S. Department of Transportation, and other organizations and individuals interested in the development of transportation. Learn more about the Transportation Research Board at www.TRB.org.

Prepublication Copy—Uncorrected Proofs Consensus Study Reports published by the National Academies of Sciences, Engineering, and Medicine document the evidence-based consensus on the study’s statement of task by an authoring committee of experts. Reports typically include findings, conclusions, and recommendations based on information gathered by the committee and the committee’s deliberations. Each report has been subjected to a rigorous and independent peer-review process and it represents the position of the National Academies on the statement of task. Proceedings published by the National Academies of Sciences, Engineering, and Medicine chronicle the presentations and discussions at a workshop, symposium, or other event convened by the National Academies. The statements and opinions contained in proceedings are those of the participants and are not endorsed by other participants, the planning committee, or the National Academies. For information about other products and activities of the National Academies, please visit www.nationalacademies.org/about/whatwedo.

Prepublication Copy—Uncorrected Proofs TRB Executive Committee* Chair: Katherine F. Turnbull, Executive Associate Director and Research Scientist, Texas A&M Transportation Institute, College Station Vice Chair: Victoria A. Arroyo, Executive Director, Georgetown Climate Center; Assistant Dean, Centers and Institutes; and Professor and Director, Environmental Law Program, Georgetown University Law Center, Washington, D.C. Executive Director: Neil J. Pedersen, Transportation Research Board Members Scott E. Bennett, Director, Arkansas State Highway and Transportation Department, Little Rock Ginger Evans, Commissioner, City of Chicago Department of Aviation, Illinois Nathaniel P. Ford, Sr., Executive Director–CEO, Jacksonville Transportation Authority, Jacksonville, Florida A. Stewart Fotheringham, Professor, School of Geographical Sciences and Urban Planning, Arizona State University, Tempe John S. Halikowski, Director, Arizona Department of Transportation, Phoenix Susan Hanson, Distinguished University Professor Emerita, Graduate School of Geography, Clark University, Worcester, Massachusetts Steve Heminger, Executive Director, Metropolitan Transportation Commission, Oakland, California Chris T. Hendrickson, Hamerschlag Professor of Engineering, Carnegie Mellon University, Pittsburgh, Pennsylvania Jeffrey D. Holt, Managing Director, Power, Energy, and Infrastructure Group, BMO Capital Markets, New York S. Jack Hu, Vice President for Research and J. Reid and Polly Anderson Professor of Manufacturing, University of Michigan, Ann Arbor Roger B. Huff, President, HGLC, LLC, Farmington Hills, Michigan Geraldine Knatz, Professor, Sol Price School of Public Policy, Viterbi School of Engineering, University of Southern California, Los Angeles Melinda McGrath, Executive Director, Mississippi Department of Transportation, Jackson Patrick K. McKenna, Director, Missouri Department of Transportation, Jefferson City James P. Redeker, Commissioner, Connecticut Department of Transportation, Newington Leslie Richards, Secretary, Pennsylvania Department of Transportation, Harrisburg Mark L. Rosenberg, Executive Director, The Task Force for Global Health, Inc., Decatur, Georgia Gary C. Thomas, President and Executive Director, Dallas Area Rapid Transit, Dallas, Texas Pat Thomas, Senior Vice President of State Government Affairs, United Parcel Service, Washington, D.C. (retired) James M. Tien, Distinguished Professor and Dean Emeritus, College of Engineering, University of Miami, Coral Gables, Florida Dean H. Wise, Vice President of Network Strategy, Burlington Northern Santa Fe Railway, Fort Worth, Texas Charles A. Zelle, Commissioner, Minnesota Department of Transportation, Saint Paul * Membership as of April 2018.

Prepublication Copy—Uncorrected Proofs Ex Officio Members Michael Berube, Deputy Assistant Secretary for Transportation, U.S. Department of Energy Mary R. Brooks, Professor Emerita, Dalhousie University, Halifax, Nova Scotia, Canada, and Chair, TRB Marine Board Mark H. Buzby (Rear Admiral, U.S. Navy), Executive Director, Maritime Administration, U.S. Department of Transportation Steven Cliff, Deputy Executive Officer, California Air Resources Board, Sacramento Malcolm Dougherty, Director, California Department of Transportation, Sacramento Howard R. Elliott, Administrator, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation Daniel K. Elwell, Acting Administrator, Federal Aviation Administration, U.S. Department of Transportation Audrey Farley, Executive Director, Office of the Assistant Secretary for Research and Technology, U.S. Department of Transportation Cathy Gautreaux, Deputy Administrator, Federal Motor Carrier Safety Administration, U.S. Department of Transportation LeRoy Gishi, Chief, Division of Transportation, Bureau of Indian Affairs, U.S. Department of the Interior, Washington, D.C. John T. Gray II, Senior Vice President, Policy and Economics, Association of American Railroads, Washington, D.C. Brandye Hendrickson, Deputy Administrator, Federal Highway Administration, U.S. Department of Transportation Donald Jackson (Major General, U.S. Army), Deputy Commanding General for Civil and Emergency Operations, U.S. Army Corps of Engineers, Washington, D.C. Heidi King, Deputy Administrator and Acting Administrator, National Highway Traffic Safety Administration, U.S. Department of Transportation Bevan B. Kirley, Research Associate, University of North Carolina Highway Safety Research Center, Chapel Hill, and Chair, TRB Young Members Council Juan D. Reyes III, Acting Deputy Administrator, Federal Railroad Administration, U.S. Department of Transportation Craig A. Rutland, U.S. Air Force Pavement Engineer, U.S. Air Force Civil Engineer Center, Tyndall Air Force Base, Florida Karl Simon, Director, Transportation and Climate Division, U.S. Environmental Protection Agency Daniel Sperling, Professor of Civil Engineering and Environmental Science and Policy; Director, Institute of Transportation Studies, University of California, Davis Richard A. White, Acting President and CEO, American Public Transportation Association, Washington, D.C. K. Jane Williams, Executive Director, Federal Transit Administration, U.S. Department of Transportation Frederick G. (Bud) Wright, Executive Director, American Association of State Highway and Transportation Officials, Washington, D.C. Paul F. Zukunft (Admiral, U.S. Coast Guard), Commandant, U.S. Coast Guard, U.S. Department of Homeland Security

Prepublication Copy—Uncorrected Proofs Committee on Law and Justice Members Robert D. Crutchfield, University of Washington, Seattle, Chair Sally S. Simpson, University of Maryland, College Park, Vice Chair Preeti Chauhan, John Jay College of Criminal Justice, New York City Kimberlé W. Crenshaw, University of California, Los Angeles John J. Donohue III, Stanford Law School, Stanford, California Mark S. Johnson, Howard University, Washington, D.C. Mark A. R. Kleiman, New York University, New York City James P. Lynch, University of Maryland, College Park Karen Mathis, University of Denver, Denver, Colorado Anne Morrison Piehl, Rutgers University, New Brunswick, New Jersey Daniel S. Nagin, Carnegie Mellon University, Pittsburgh, Pennsylvania Stephen Raphael, University of California, Berkeley Laurie O. Robinson, George Mason University, Fairfax, Virginia Cynthia Rudin, Duke University, Durham, North Carolina Susan B. Sorenson, University of Pennsylvania, Philadelphia Linda Teplin, Northwestern University, Chicago, Illinois Heather Ann Thompson, University of Michigan, Ann Arbor Bruce Western (NAS), Harvard University, Cambridge, Massachusetts Staff Kathi L. Grasso, Director Malay Majmundar, Associate Director Emily Backes, Program Officer Tina M. Latimer, Program Coordinator Leticia Garcilazo Green, Senior Program Assistant

Prepublication Copy—Uncorrected Proofs Committee on Science, Technology, and Law Members David Baltimore (NAS/NAM), California Institute of Technology, Pasadena Co-Chair David S. Tatel, U.S. Court of Appeals for the District of Columbia Circuit, Co-Chair Thomas D. Albright (NAS), Salk Institute for Biological Studies, San Diego, California Ann Arvin (NAM), Stanford University, Stanford, California Joe S. Cecil, Federal Judicial Center (retired), Washington, D.C. R. Alta Charo (NAM), University of Wisconsin at Madison Harry T. Edwards, U.S. Court of Appeals for the District of Columbia Circuit Charles Elachi (NAE), California Institute of Technology (Emeritus), Pasadena Jeremy Fogel, Federal Judicial Center, Washington, D.C. Henry T. Greely, Stanford University, Stanford, California Michael Imperiale, University of Michigan, Ann Arbor Robert S. Langer (NAS/NAE/NAM), Massachusetts Institute of Technology, Cambridge Goodwin Liu, California Supreme Court, San Francisco Judith Miller, Independent Consultant, Washington, D.C. Jennifer Mnookin, University of California, Los Angeles School of Law Martine A. Rothblatt, United Therapeutics, Silver Spring, Maryland Joshua R. Sanes (NAS), Harvard University, Cambridge, Massachusetts William B. Schultz, Zuckerman Spaeder LLP, Washington, D.C. Susan S. Silbey, Massachusetts Institute of Technology, Cambridge David Vladeck, Georgetown Law School, Washington, D.C. Susan Wessler (NAS), University of California, Riverside Staff Anne-Marie Mazza, Senior Director Steven Kendall, Program Officer Karolina Konarzewska, Program Coordinator

Prepublication Copy—Uncorrected Proofs Committee to Review Evidentiary Protection for Public Transportation Safety Program Information Members Michael S. Townes, retired, Chair Edward K. Cheng, Vanderbilt Law School, Nashville, Tennessee Thomas B. Deen (NAE), Consultant, Stevensville, Maryland Julie S. Hile, Hile Group, Normal, Illinois Gerald Kelley, Consultant, Watertown, Massachusetts John C. Milton, Washington State Department of Transportation, Olympia Alan B. Morrison, George Washington University Law School, Washington, D.C. Staff Katherine Kortum, Study Director, Transportation Research Board Thomas Menzies, Acting Director, Studies and Special Programs Stephen Godwin, Scholar, Transportation Research Board Amelia Mathis, Senior Program Assistant, Transportation Research Board Robert J. Shea, Senior Program Officer, Transportation Research Board Kathi Grasso, Director, Committee on Law and Justice Steven Kendall, Program Officer, Committee on Science, Technology, and Law

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Admissibility and Public Availability of Transit Safety Planning Records Get This Book
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In 2012, Congress gave the U.S. Federal Transit Administration (FTA) the authority to establish a new comprehensive framework to oversee the safety of the country’s public transit systems. As part of that framework, state and local transit agencies are required to engage in safety planning. In the Fixing America’s Surface Transportation Act of 2015, Congress asked the National Academies of Sciences, Engineering, and Medicine to evaluate and provide recommendations on whether it is in the public interest for transit agencies to be allowed to withhold from civil litigation all records developed in compliance with this new federal safety planning requirement.

TRB Special Report 326: Admissibility and Public Availability of Transit Safety Planning Records considers the arguments favoring and opposing evidentiary protections for safety planning records and the rationale for Congressional decisions to grant such protections in other transportation modes. The report examines factors that Congress must consider when deciding where the public interest balance lies. They include a desire for transit agencies to engage in high-quality safety planning without fear of the planning records being used against them in court and the preservation of a tort system that deters unsafe conditions and allows injured parties to be justly compensated. Recommendations to Congress and FTA are offered with these and other important factors in mind.

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