1. presented to presented by Alabama Department of Transportation April 8, 2016 The Alabama Transportation Planner’s Guide to Safety Data Access and Documentation Policies and Practices Guidebook Overview University of Alabama Center for Advanced Public Safety with Cambridge Systematics and Brelend C. Gowan, Attorney at Law & Legal Consultant

2. Agenda Guidebook Purpose Guidebook Sections »Legal »Data Access »Display Options Training 2 2

3. PURPOSE AND STRUCTURE

4. Guidebook Purpose Purpose – Provide guidance for Metropolitan Planning Organizations (MPOs), Rural Planning Organizations (RPOs), cities, and counties on proper methods for accessing and documenting crash data pursuant to Title 23 of the United States Code Current status – Data are not to be shared with the public pursuant to Alabama Law and 23 U.S.C. §148(h)(4) and §409 Need – Current restrictions do not allow planning documents to adequately address traffic safety and display crash data 4 4

5. Guidebook Structure Data Policy: overview of the legal and policy implications concerning crash data reporting Data Access and CARE: information on how to access crash data via the Critical Analysis Reporting Environment (CARE) database Data Display: examples of how crash data might be displayed in planning documents and model disclaimer language 5 5

6. DATA POLICY

7. Safety Data Liability Issues & Requirements Overview Federal Requirements Regarding Safety Data Use Alabama Requirements Regarding Access to Safety Data 7 7

8. Overview 23 U.S.C. §409 Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for the purpose of identifying, evaluating, or planning the safety enhancement of potential accident sites, hazardous roadway conditions, or railway-highway crossings, pursuant to sections 130, 144, and 148 of this title or for the purpose of developing any highway safety construction improvement project which may be implemented utilizing Federal-aid highway funds shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in such reports, surveys, schedules, lists, or data.

9. Overview 23 U.S.C. §409 Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for the purpose of identifying, evaluating, or planning the safety enhancement of potential accident sites, hazardous roadway conditions, or railway-highway crossings, pursuant to sections 130, 144, and 148 of this title or for the purpose of developing any highway safety construction improvement project which may be implemented utilizing Federal-aid highway funds shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in such reports, surveys, schedules, lists, or data.

10. Overview (continued) 23 U.S.C. §148(h)(4) Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for any purpose relating to this section, shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location identified or addressed in the reports, surveys, schedules, lists, or other data.

11. Overview (continued) Safety data are treated as confidential Safety data are not share without permission Recipients are aware the information is protected by §409 and §148(h)(4) and have agreed to the use constraints

12. Federal Requirements: Safety Data Use MAP-21 Goal: to reduce fatalities and serious injuries on all public roads Requirements: »Performance measures and targets for HSIP »Same targets for both NHTSA HSP and FHWA HSIP »Coordination between MPOs and State agencies FHWA assesses progress toward target achievement, which can affect federal funding Safety data accessibility required for managing safety performance

13. Alabama Requirements: Safety Data Access 23 U.S.C. §409 protects safety data from discovery & admissibility 23 U.S.C. §409 exempts safety data from disclosure to open records requests Alabama Supreme Court case: Ex parte Alabama Dept. of Transp., 757 So. 2d 371 (Ala. 1999)

14. Alabama Requirements (continued) Alabama DOT does not disclose safety data in response to litigation requests or open records requests Alabama DOT does allow use of safety data for MAP-21 purposes Recipients (e.g. MPOs) must sign a confidentiality agreement

15. DATA ACCESS AND DISPLAY

16. Data Access and CARE Critical Analysis Reporting Environment (CARE) developed by the Center for Advanced Public Safety Access Requirements »Windows and Web versions »Private datasets require official request CARE Training »Periodic opportunities »CARE website documentation and videos 16

17. Data Analysis Display Examples Descriptive assessments Multiple-year rolling average frequencies or crash rates Crash modification factors to estimate safety benefits GIS mapping Highway Safety Manual predictive approaches 17

18. Descriptive Assessment Examples Source: Alabama DOT 2014 HSIP Report.

19. Contributing Factors PERCENTAGE OF FATAL CRASHES BY CONTRIBUTING FACTOR Source: http://www.drivesafealabama.org.

20. Fatalities by Jurisdiction ANNUAL NUMBER OF MOTOR VEHICLE FATALITIES BY JURISDICTION Source: Regional Planning Commission of Greater Birmingham.

21. Comparative Assessment Source: Virginia DOT, http://dashboard.virginiadot.org.

22. Comparative Assessment FREQUENCY RANK VERSUS SEVERITY RANK BY CRASH FACTOR Source: Cambridge Systematics, Inc., ALSAFE Phase 1 Final Report, Huntsville MPO.

23. GIS Enhanced Safety Analysis Source: Louisiana DOTD Guidelines for Crash Data Analysis.

24. GIS Enhanced Safety Analysis (continued) Source: Cambridge Systematics, Inc., ALSAFE Phase 1 Final Report.

25. GIS Risk Map Source: Cambridge Systematics, Inc., for Central Arizona Governments.

26. HSM Predictive Safety Analysis CRASH FREQUENCY WITH OR WITHOUT PROJECT IMPLEMENTATION Source: Cambridge Systematics, Inc., Kittelson & Associates for Arizona DOT.

27. SUGGESTED AND EXAMPLE LANGUAGE

28. Alabama DOT Documents This document is confidential and protected under Alabama Law and Title 23 of the United States Code: 23 U.S.C. §148(h)(4) states “Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for any purpose relating to this section [HSIP], shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location identified or addressed in the reports, surveys, schedules, lists, or other data.” 23 U.S.C. §409 states “Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for the purpose of identifying, evaluating, or planning the safety enhancement of potential accident sites, hazardous roadway conditions, or railway-highway crossings, pursuant to sections 130, 144, and 148 of this title or for the purpose of developing any highway safety construction improvement project which may be implemented utilizing Federal-aid highway funds shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in such reports, surveys, schedules, lists, or data 28

29. Every Page Footer This report is prepared solely for the purpose of identifying, evaluating and planning safety improvements on public roads; and is therefore exempt from open records, discovery or admission under 23 U.S.C. §409 and 23 U.S.C. §148(h)(4).

30. Document Admonition This document is exempt from open records, discovery, or admission under Alabama Law and 23 U.S.C. §§ 148(h)(4) and 409. The collection of safety data is encouraged to actively address safety issues on regional, local, and site-specific levels. 23 U.S.C. §148(h)(4) and 23 U.S.C. §409 prohibit the production under open records and the discovery or admission of crash and safety data from being admitted into evidence in a Federal or state court proceeding. This document contains text, charts, tables, graphs, lists, and diagrams for the purpose of identifying and evaluating safety enhancements in this region. These materials are protected under 23 U.S.C. §409 and 23 U.S.C. §148(h)(4). In addition, the Alabama Supreme Court in Ex parte Alabama Dept. of Transp., 757 So. 2d 371 (Ala. 1999) held that these materials are exempt from the Alabama Open Records Act.

31. Crash Data Display in Sensitive Documents Confidential Information This information is exempt from open records, discovery, or admission under Alabama Law and 23 U.S.C. §148(h)(4) and §409 Contact the ALDOT Traffic and Safety Operations Section at (334) 353 ‑ 6460 before releasing any information.

32. TRAINING

33. Guidebook Training Classroom Training Webinars 33

34. Contact 34 Tim Barnett, ALDOT State Safety Operations Engineer Email: barnettt@dot.state.al.us Phone: 334.242.6123