Admissibility and Public Availability of Transit Safety Planning Records (2018) / Chapter Skim
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5 1 Introduction Information on the circumstances leading to and on the congressional request for this study is given in the following two subsections. MOTIVATION FOR THIS STUDY From 2004 to 2013, the National Transportation Safety Board (NTSB)
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6 ADMISSIBILITY AND AVAILABILITY OF TRANSIT SAFETY PLANNING RECORDS third-party oversight and monitoring of transit agency safety during this period was provided almost exclusively by the states. In an accompanying provision of MAP-21 [49 U.S.C.
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INTRODUCTION 7 information be barred from disclosure in judicial proceedings. The following are examples: • Long Beach Transit commented that "in order to fully utilize the SMS for the purposes of proactively and reactively analyzing hazards, and evaluating and prioritizing safety risks, there must be protections against the use of this safety analysis from discovery and use in judicial proceedings." • The Massachusetts Bay Transportation Authority commented that "the current proposed rule, and related MAP-21 rulemakings, offer no clear forms of protection against public scrutiny or legal liability.
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8 ADMISSIBILITY AND AVAILABILITY OF TRANSIT SAFETY PLANNING RECORDS safety analyses from discovery and use in judicial proceedings, and follow through on that intent. Similar requests for the protection of safety data, particularly from disclosure and use in judicial proceedings, had been made decades earlier by state departments of transportation (DOTs)
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INTRODUCTION 9 protections of the type provided by 23 U.S.C. § 409 by studying "whether it is in the public interest, including public safety and the legal rights of persons injured in railroad accidents, to withhold from discovery or admission into evidence in a Federal or State court proceeding for damages involving personal injury or wrongful death against a carrier any report, survey, schedule, list, or data compiled or collected for the purpose of evaluating, planning, or implementing a railroad safety risk reduction program."4 FRA's study on SSP data protection was conducted by the law firm of Baker Botts (2011)
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10 ADMISSIBILITY AND AVAILABILITY OF TRANSIT SAFETY PLANNING RECORDS in meeting the burden of proof that a railroad had violated a standard of care, some also alluded to the broader public interest in allowing disclosure to protect the role of the tort system in deterring unsafe conditions and behaviors. The American Association for Justice (AAJ)
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INTRODUCTION 11 potential accident sites, hazardous roadway conditions, or railway-highway crossings .
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12 ADMISSIBILITY AND AVAILABILITY OF TRANSIT SAFETY PLANNING RECORDS provides background on the U.S. public transit industry, its safety record, and the challenges that prompted Congress to give FTA a more prominent role in safety regulation and oversight.
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