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Suggested Citation:"IV. MEDIA TRAINING." National Academies of Sciences, Engineering, and Medicine. 2020. Guidelines for Drafting Liability Neutral Transportation Engineering Documents and Communication Strategies. Washington, DC: The National Academies Press. doi: 10.17226/25894.
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Suggested Citation:"IV. MEDIA TRAINING." National Academies of Sciences, Engineering, and Medicine. 2020. Guidelines for Drafting Liability Neutral Transportation Engineering Documents and Communication Strategies. Washington, DC: The National Academies Press. doi: 10.17226/25894.
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NCHRP LRD 83 21 5. Do not answer a question that is not clear. Ask for a clarification, or for the question to be reworded. Do not guess. Tell the reporter that information will be provid- ed later if necessary. 6. Practice in front of a mirror and with friends, family, or colleagues. 7. Dress appropriately for the context of the interview. The appropriate attire for a construction zone, a public meet- ing, and a television interview varies considerably. 8. If a statement has been made by the reporter that is false or misleading, address it. Otherwise, remaining quiet may send the message that you agree with the state- ment. Beware of statements that are mostly true or cor- rect, yet contain an error or falsehood. A phrase such as “before we change subjects, please let me clarify” can be used to redirect the conversation. 9. Take a breath. Don’t rush to answer a question, espe- cially if it is a difficult one. With some practice, experi- enced speakers are able to control the message and the interview. 10. Ask for help. Media training classes and workshops are available all around the country. DOT community out- reach staff can also provide training and assistance. V. RECOMMENDATIONS FOR LIABILITY NEUTRAL DOCUMENTS AND COMMUNICATION STRATEGIES The recommendations of the research panel are summarized below. A. Choose Each Word Carefully The intent of this publication is to encourage the use of liabil- ity neutral language in safety studies, research papers and DOT policies and manuals. There are times that the words “should” or “shall” are the only words that can convey the importance of the recommendation. These words should not be eliminated from the text of any policy, manual or research study if the rec- ommendation is necessary for the safe operation of the road- way and there is no room for engineering judgment. As noted in Section III, the following list of words is comprehensive but does not include all the words that can create unintended liabil- ity or responsibility for an agency: Better Insufficient Clearly Is needed Concern Mandatory Danger/Dangerous Obstacle Deficient Poor Edge/Shoulder Drop off Problem Ensure Require Essential Risk/Risky Excessive Shall If major changes are proposed to a policy, the agency should ask their counterparts in FHWA to review and comment on the proposed changes. In addition to the considerations outlined in the guidance for drafting tips outlined in the previous section, the following factors may be considered during the revision process: a. It may be easier to start over with a new policy rather than try to modify an existing policy. This is true when the policy requires major revisions. b. Although many of the recommendations in this report address the importance of neutral language, there are times that the words “should”, “shall” and “must” are appropriate. There are times that the words “should” or “shall” are the only words that can convey the impor- tance of the recommendation. These words should not be eliminated from the text of any policy, manual or re- search study if the recommendation is necessary for the safe operation of the roadway and there is no room for engineering judgment. c. When revising a policy, internal consistency must be maintained. For instance, a DOT may expect bicycles to be in use on all its highways and instruct its staff to plan for bicycle use on all roads in a technical memoran- dum relating to shoulder width standards. If the agency requires a 4-foot shoulder for bicycle use, it should not, in another portion of that technical memo, allow 2-foot shoulders on collector routes. IV. MEDIA TRAINING Media training is essential for any staff member who has the potential to be department spokesperson. Media training is rec- ommended for most middle and upper management positions. Basic guidelines for a successful media interview follow: 1. Prepare in advance. Find out the topics that will be cov- ered in the interview and know who will be conducting it and whether it is for print or television. Be able to provide factual information, such as statistics, dates, or dollars spent. 2. Identify the major points of discussion and plan to pres- ent accurate and timely information in an understand- able way. Use words that your audience will understand. Be prepared and plan different ways to convey the mes- sage. Memorize key points and be ready to explain them. 3. Plan the specific words that you intend to use. Spokes- people can be mis-quoted, and quotes can be taken out of context, but a well-prepared spokesperson can avoid a trap. 4. Provide the information that has been requested. Share information that is useful but be aware of the potential for disaster. Do not stray very far from message you in- tended to provide.

20 NCHRP LRD 83 with catchwords that begin with “c” that promote clarity in writing. The suggestions therein can be a helpful reference to the technical writer. Once the purpose of the policy or standard is determined, the audience must be considered. Technical guidance is typi- cally intended for technical writers such as engineers. However, the following suggestions to the technical author are equally ap- plicable to technical and non-technical writing: a. Possess a comprehensive understanding of the subject before drafting a policy about it. b. Allow sufficient time to draft and rewrite the document. c. Know the audience. If the reader is likely a college graduate and engineer, technical words can be used if they are defined or commonly used. However, it is im- portant to provide guidance in language that is easy to understand for the average person. d. When possible, sentences should be short, containing one idea per sentence. This is for ease of comprehension. e. Edit so the passage does not contain unnecessary or du- plicative words. f. Use short, simple words when possible. g. Use the active voice. It is more interesting to read. h. Use words that do not suggest a bias or preference. In- stead, use a neutral, objective, impartial tone. i. Provide information and education on a topic, not con- clusions or opinions, using words that can be verified through evidence and facts. j. Provide the reader with solutions, options and alterna- tives, or instructions that can be carried out, rather than using the words “must”, “should” or “shall.” k. During and at the end of the process, read the passage out loud to make sure the passage makes sense. l. Ask a colleague to review the document for accuracy of content and clarity. m. Request legal counsel to review document for legal suf- ficiency. Many agencies require counsel to review and approve changes. 3. Starting the Revision Process When an agency decides to review and revise its technical guidance, it is taking on a potentially lengthy process. Ideally, the department or division that is most familiar with the guid- ance will develop a schedule to review it all. This review should occur at least every other year. The review should necessarily include the department or division responsible for the guidance as well as other departments or divisions that implement or con- tribute to the work that is described in the policy. For instance, if a policy on adequacy of highway fencing is under review, the departments responsible for the initial installation of the fenc- ing as well as those responsible for the maintenance of the fenc- ing should be involved in the review of that policy. Legal counsel should also be involved in a review, especially if the guidance has been scrutinized in a lawsuit or is likely to be the basis of a lawsuit. Please call 911 for roadway conditions such as: Objects in roadways such as debris, trees or large animal carcasses; Downed electric or phone lines; A collision; Roadway(s) flooding; snow and ice conditions; Liquid such as gasoline, oil, on or near the roadway; Traffic or pedestrian signal malfunction; Missing or damaged red traffic control signs such as stop and speed limit signs; Animal carcass obstructing travel lanes; Flooding in roadside ditches or in/across roadways. H. Development of Liability Neutral Guidance Technical writing can be easy to understand and provide clear and accurate guidance to the reader who needs to absorb and use the information. The following information is intended to be a starting point for drafting and revising manuals and poli- cies, safety studies, and research papers. 1. Determine Purpose of Document As a preliminary consideration, it is important to understand the purpose of the document that is being drafted or revised. Many of AASHTO’s published works such as the Green Book and the RDG are used as guidance by DOT engineering and technical staff. These publications` are generally accepted by the transportation industry as reliable, accurate, and authoritative. Before a decision is made to supplement those periodicals with information applicable only to the DOT itself, the agency must first decide that the supplementation is necessary and that the changes will assist staff in interpreting the intent of the guid- ance. Care should be taken to keep from conflicting with or ex- ceeding the requirements of generally accepted guidance based on engineering judgment. If the decision is made to exceed the generally accepted guidance, documentation of those explana- tions should be kept. For instance, the MUTCD32 does not recommend a set dis- tance from the lane of travel of a road for a stop sign at a wide throat intersection. It merely provides that the sign should be identifiable and placed a minimum distance of between six and twelve feet from the adjacent roadway. If a state DOT institutes a prescribed minimum or maximum distance from the road for a stop sign which is different from the MUTCD guidance, it should have a well-documented good reason, based on engi- neering judgment since it removes flexibility from the agency. 2. Guidance for Drafting Technical Documents In response to the survey, Iowa provided the “5 C’s” method- ology which can be found in Appendix B.33 It is a methodology 32 MUTCD, Figure 2A-2, Chapter 2, https://mutcd.fhwa.dot.gov/ kno-overview.htm, (last visited June 15, 2019). 33 The 5 C’s are a methodology used by Iowa DOT in its Style Guides for Writing Specifications. The concepts are the use of concise, clear, complete, correct, and consistent terms. It is another excellent resource and is included as Appendix 2.

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In the legal system, transportation engineering documents drafted by the transportation industry include manuals, studies, research documents, memoranda, and email. These documents are frequently used by litigants and courts as evidence bearing on the standard of care or duties for transportation agencies sued for alleged negligence in operation of transportation facilities.

The TRB National Cooperative Highway Research Program's NCHRP Legal Research Digest 83: Guidelines for Drafting Liability Neutral Transportation Engineering Documents and Communication Strategies contains a writing guide for technical and non-technical authors and those employees who interact with the public and the media. This digest will assist authors in avoiding concepts and language that have legal implications by promoting clear, direct, objective, and fact-based expression.

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