COUNCIL OF THE DISTRICT OF COLUMBIA

COMMITTEE ON TRANSPORTATION & THE ENVIRONMENT MARY M. CHEH, CHAIR

BICYCLE & PEDESTRIAN WORKING GROUP: PEDESTRIAN SAFETY Transparency 1. Public Availability of Crash Data ..................................................................................2 2. Public Dissemination of Traffic Violations ....................................................................2 3. Public Dissemination of Sidewalk Construction Closures ............................................2 4. DDOT Accountability .....................................................................................................2 5. Transparent Treatment of Citizen Petitions .................................................................2 6. moveDC/Age-Friendly DC/Vision Zero Enacted into Law ............................................3 Public Space Designations 7. Temporary Sidewalk Widening .....................................................................................3 8. Pedestrian and Bicycling Priority Areas .......................................................................3 9. Open Streets Event Permitting .....................................................................................3 New Policy Ideas 10. “Yellow Alert” for Hit & Run Crashes ...........................................................................4 11. Establish a Pedestrian Crash Investigative Unit .........................................................4 Changes to Existing Laws, Regulations, or Policies 12. Increased Application or City-Wide Ban of “No Right Turn on Red” ...........................4 13. Parking Close to Crosswalks .........................................................................................5 14. Sidewalk Bicycle Riding.................................................................................................5 15. Raising the Alcohol Tax .................................................................................................5 16. Dedicate Traffic Safety Cameras Funding to Vision Zero ............................................5 17. Safer Speed Limits for Streets.......................................................................................6 18. Universal Street Safety Education for Elementary School Students ...........................6 19. Automated Traffic Enforcement Locations ...................................................................6 20. Change to a Vehicle Miles Travel Reduction Planning Methodology ...........................6 21. Implementation of a “Safe Accommodation” in Construction Zones ............................7 22. White Cane Law.............................................................................................................7

1350 PENNSYLVANIA AVENUE, N.W., SUITE 108 ▪ WASHINGTON, DC 20004 ▪

Transparency 1.

Public Availability of Crash Data

2.

Public Dissemination of Traffic Violations

3.

Public Dissemination of Sidewalk Construction Closures

4.

DDOT Accountability

5.

Transparent Treatment of Citizen Petitions

The New York Police Department (NYPD) makes all of its crash data available to the public. This includes all crash reports involving drivers, pedestrians, bicyclists, and other road users dating back to 2012. NYPD updates new reports to the web on a weekly basis. 1 With this data, DDOT, MPD, the Office of Planning, and other agencies can focus on shortterm changes and long-term planning based on the areas of greatest need. The data could include the following information: (1) a specific location by block and coordinates; (2) the provision of the law that was violated (if any); (3) a police report description (if any); (4) the date and time of the incident; (5) the mode(s) involved; (6) the contributing factors by the vehicle(s) involved; (7) the number of individuals injured (by mode); the number of individuals killed (if any) (by mode); and (8) the type of vehicle(s) involved (if any) (e.g., motorcycle; car; truck). Like in Montgomery County, 2 the District should make publicly available a list of moving, parking, and photo violation citation data in an online accessible format. The data should include all information collected except that which would reveal the identity of the individuals involved. The data should include: (1) the citation date and time; (2) the agency or sub-agency issuing the citation; (3) the method of issuing the citation (i.e. automated or in-person); (4) the location description (i.e. latitude/longitude) for citation; (5) the state where the vehicle is registered and from where the drivers’ license was issued; (6) the vehicle type; and (7) the type of violation. Like in San Francisco, 3 DDOT should furnish all data on right-of-way construction closures to the public on a daily or weekly basis in an accessible online format. This data would include all information collected on permits, including: (1) the location by block and side of street; the latitude/longitude; (3) the type of closure (i.e. sidewalk, bike lane, and/or car lane); (4) the duration of permitted infrastructure closure with start and end date; and (5) an explanation for the closure. The released data should include information from MPD, EMS, NPS, and other relevant related agencies. DDOT should report to the Council every 6 months on what measures they have taken to remedy the infrastructure at intersections and along corridors with high numbers of pedestrian injuries. DDOT should also monitor and evaluate roadways where pedestrian improvements are made before and after these improvements have been made. DDOT should publish specific, clear thresholds for citizen petitions or traffic calming actions performed by the agency. Currently, if a request is made by a certain percentage of residents on a residential block, then DDOT will assess traffic calming on a street. https://data.cityofnewyork.us/Public-Safety/NYPD-Motor-Vehicle-Collisions/h9gi-nx95. https://data.montgomerycountymd.gov/Public-Safety/Traffic-Violations/4mse-ku6q 3 https://data.sfgov.org/City-Infrastructure/Street-Use-Permits/b6tj-gt35. 1 2

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However, the agency’s process is not transparent and it can be difficult for citizens to know the status of their request. DDOT should release, on a regular basis, anonymous data on citizen traffic calming petitions in an online accessible format. The data should include: (1) the date of petition submission; (2) the requested changes; (3) the location by block; and (4) the status of agency processing. This would make request for pedestrian improvements a matter of public knowledge.

6.

moveDC/Age-Friendly/Vision Zero Enacted into Law

The District has made a number of plans that speak to pedestrian safety. These include moveDC, Age-Friendly DC, and the new Vision Zero campaign. None of these plans, however, are incorporated into District law. The Working Group may wish to explore whether these commitments could be incorporated into law to more firmly institutionalize the District’s obligations.

Public Space Designations 7.

Temporary Sidewalk Widening

8.

Pedestrian and Bicycling Priority Areas

9.

Open Streets Event Permitting

There are areas of the District where the sidewalk width is insufficient to safely or comfortably accommodate pedestrian traffic. Although this issue exists every day, it is exacerbated in these areas on the weekends, when pedestrian traffic is increased. The District could accommodate pedestrians in these areas by taking the parking lane to create more room for pedestrians and lower the rates in surrounding parking garages. Additionally, the District could provide free Circulator service to support transit trips. The largest hurdle to this approach is likely financial, not only on the operations costs, but because the District charges for parking meter fees that are not collected. The District contains an increasing number of areas where the distribution of transit riders, pedestrians, and bicyclists is near or exceeding parity with motorists. The District should establish a Pedestrian and Bicycling Priority Areas program to improve implementation of rapid infrastructure changes and enforcement attention in a specific geographic area. In these areas, tactics to change the built environment to prioritize nonmotorist should be implemented. On the other end of the spectrum, there are areas with exceptionally high crash rates for non-motorists. The city should designate priority areas for rapid implementation of infrastructure including innovative solutions that significantly priorities non-motorized use. Open streets events temporarily close streets to motorized vehicles. During an open streets event, people enjoy the streets by walking, biking, dancing, playing and socializing. Typical events are held on a weekend day in the early morning as to limit the overall impact on the city. Unlike major athletic events with expensive registration fees and big budgets, open street events are free and open to the public. More than 100 annual open street events occur nationally, but none of these have occurred in the District.

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The permitting process through the Mayor’s Special Events Task Force will not allow open street permits to be issued. Street closures for parades, festivals, competitive athletic races, political events, or civic proceedings are the only events that are issued permits for street closures. The permitting process is not transparent about what type of events are allowed or not allowed. The Mayor’s Special Events Task Force requires an unreasonable amount of police and public services which a free community event cannot possibly cover. Issues such as security, transit operation, emergency vehicle access and crossing arterial streets are given as reasons to deny an open streets permit. The failure of the government to allow an open streets event to go forward is a quality of life issue for residents hoping to use public streets for non-automobile activities once a year.

New Policy Ideas 10.

“Yellow Alert” for Hit & Run Crashes

Drivers who cause a crash with either a pedestrian or bicyclists and leave the scene of the crash commit a very cowardly and illegal act. The injured person(s) often require immediate medical assistance. By leaving the scene of the crash, the driver is not able to provide assistance to the injured person by calling 911. Leaving an injured person on the side of the street is unconscionable. Jurisdictions around the country are implementing additional strategies for catching and prosecuting hit and run drivers. California (AB47) 4 and Maryland (SB86) 5 recently passed “Yellow Alert” laws for alerting the public to a hit and run driver. Similar to an Amber Alert, these warning systems ask the public for help through electronic road signs, online communication and mobile notifications with description of the driver and vehicle. Additionally, Los Angeles passed a law allowing for automatic reward for information leading to the arrest and conviction of a hit and run driver. 6 A $50,000 reward will be offered to hit-and-runs that end in a fatality; $25,000 for permanent-injury cases; $5,000 for minor, non-permanent injuries; and $1,000 for property damage. The District of Columbia should implement strategies to address the increase in hit and run crashes.

11.

Establish a Pedestrian Crash Investigative Unit

A permanent Pedestrian Crash Investigative Unit should be established in the District. This unit would consist of representatives from DDOT, MPD, the Council, and citizens. The unit would investigate every reported car-pedestrian crash (fatality or injury) and report on what engineering or regulatory changes ought to be made to enhance pedestrian safety.

Changes to Existing Laws, Regulations, or Policies 12.

Increased Application or City-Wide Ban of “No Right Turn on Red”

Pedestrians are especially vulnerable to crashes by drivers making quick and dangerous right turns on red. Drivers are violating the pedestrians’ right of way if they turn through an intersection with a pedestrian present. Often, drivers do come to a full stop behind the http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_0001-0050/ab_47_bill_20140904_enrolled.pdf. http://mgaleg.maryland.gov/2015RS/bills/sb/sb0086F.pdf. 6 http://www.latimes.com/local/lanow/la-me-ln-hitandrun-vehicle-crashes-20150211-story.html. 4 5

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stop bar or slow down before making a right turn on red. There should be an increased application of “no right turn on red” or a full city-wide ban.

13.

Parking Close to Crosswalks

14.

Sidewalk Bicycle Riding

DDOT’s regulations may not be complete with respect to how close a vehicle may park legally to a crosswalk. The regulations in this area may need to be updated. Riding a bicycle is currently prohibited in the Central Business District (CBD) so long as the rider does not create a hazard, but is allowed in all other areas of the District unless prohibited by signs. The current prohibitions are not effective. This may be due to uncertainty of the limits of the CBD or intimidation faced by bicyclists to ride in traffic. Additionally, the CBD has some of the widest sidewalks in the District, and confusion may occur because Capital Bikeshare stations and bike racks are located on the sidewalk. Potential modifications include: (1) instituting a bicyclist speed limit; (2) developing a list of prohibited streets; (3) developing an age limit; (4) incorporating sidewalk width limitations; (5) installing signage or markings to identify prohibited sidewalks.

15.

Raising the Alcohol Tax

16.

Dedicate Traffic Safety Cameras Funding to Vision Zero

According to a report in the American Journal of Preventive Medicine, alcohol is more affordable now than it likely ever has been. 7 In 2009, Illinois raised its tax on alcohol. A team of University of Florida Health researchers discovered that, after the tax was increased, alcohol-related car crashes in Illinois declined 26 percent. The decrease was even more marked for young people, at 37 percent. 8 Perhaps the District should consider raising the alcohol tax. The Fiscal Year 2016 Budget Support Act of 2015 proposes the establishment of a Vision Zero Pedestrian and Bicycle Safety Fund. The Vision Zero Fund would receive an annual fund balance of $500,000, and this money would come from revenue collected through the District’s automated traffic enforcement program. The District’s automated enforcement program is the most comprehensive program in the country. Speeding and red light running are significantly reduced in areas where cameras are implemented. Public perception of this program is hurt when generated revenue goes into the general fund and not towards other roadway safety programs. The District should move forward with the proposal to dedicate this revenue in the Vision Zero Fund, and should ensure that it informs the public that money collected from automated traffic enforcement will go to improving bicyclist and pedestrian safety.

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3631317. http://news.ufl.edu/archive/2015/03/researchers-see-significant-reduction-in-fatal-car-crashes-afteran-increase-in-alcohol-taxes.html. 7 8

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17.

Safer Speed Limits for Streets

Unless designated otherwise on a specific street, the District’s speed limit is 25 miles per hour (mph). 9 Without automated enforcement, the presence of police, or other traffic calming measures (speed humps, sidewalk extensions, etc.), drivers frequently travel much faster than the legal speed. Safer speed limits give drivers crucial time to avoid crashes. Moreover, the severity of injury to pedestrians and bicyclists rises quickly with speed. According to the AAA Foundation for Traffic Safety, serious pedestrian injuries increase more than 50% when pedestrians are struck by a driver traveling 30mph instead of 25mph. 10 Portland’s Vision Zero plan also illustrates that the risk of pedestrian fatality begins to escalate rapidly and the driver’s field of vision narrows significantly once a driver exceeds 25mph. 11 Setting the default limit on neighborhood streets to 20mph would reduce serious injuries and fatalities for drivers, pedestrians, and bicyclists. Signage and pavement markings should be installed to clearly delineate the 20mph zones and ensure intersections are cleared of obstructions to improve visibility of pedestrians in crosswalks. The District should also lower the speed limit to 25mph on high-speed corridors where clusters of pedestrian crashes occur. The New York City Vision Zero Action Plan requires the Department of Transportation to install seven “Neighborhood Slow Zones” in 2014 and 2015 and lower speeds to 15-20mph near 50 schools annually.

18.

Universal Street Safety Education for Elementary School Students

19.

Automated Traffic Enforcement Locations

20.

Change to a Vehicle Miles Travel Reduction Planning Methodology

The District should provide a universal street-safety education program for all elementary school students. The safest countries in the world for bicycling and walking have extensive safety education for school children. The pedestrian and bicycle safety course would be taught with a focus on understanding basic traffic rules. DDOT currently provides education to 13 schools annually through the Safe Routes to School program. The existing DDOT program could be expanded District-wide or, alternatively, a similar program could be administered through DC Public Schools. Safety cameras should be installed on all major corridors where pedestrian crashes have occurred. The Council should abolish the use of the Level of Service (LOS) traffic planning tool and replace it with a reduction in Vehicle Miles Traveled (VMT) standard. LOS is a qualitative measurement of traffic quality. Originally intended to be used only on highways, LOS is now the default planning tool for streets in urban areas as well. LOS planning forces DDOT to preserve vast amounts of traffic capacity for peak hours to shorten delays for drivers. This metric prioritizes motorized traffic above all other road users including transit riders, 18 DCMR 2200.6, available at http://dcregs.dc.gov/Gateway/RuleHome.aspx?RuleNumber=18-2200. The average risk of severe injury reached 25% at 23mph and 50% at 31mph. The report may be found at https://www.aaafoundation.org/sites/default/files/2011PedestrianRiskVsSpeed.pdf. 11 Page 12 at the following link: https://www.portlandoregon.gov/transportation/article/518952 9

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pedestrians, and bicyclists. The LOS evaluation prevents or considerably delays implantation of infrastructure that serves non-motorists such a road diets, bike lanes, sidewalk expansions, dedicated transit lanes and many more multi-modal changes. Changing to a metric that requires all project to reduce vehicle miles traveled shifts the priority to multi-modal planning. California was the first state in the US to end the use of LOS for traffic planning and development impacts in 2014. 12

21.

Implementation of “Safe Accommodation” in Construction Zones

22.

White Cane Law

DDOT should improve its implementation of existing regulations that require construction areas to provide "safe accommodation to pedestrians" in construction sites. As is evident from the many construction sites in the District where sidewalks are closed without an alternative being provided, the current law is clearly not being enforced. D.C. Official Code § 7-1004 is a little known District law that provides additional protections to blind and/or deaf pedestrians: “The driver of a vehicle in the District of Columbia approaching a blind pedestrian who is carrying a cane predominantly white or metallic in color (with or without a red tip) or a deaf pedestrian, either of whom is using a dog guide shall take all necessary precautions to avoid injury to such blind or deaf pedestrian, and any driver who fails to take such precautions shall be liable in damages for any injury caused such pedestrian. A blind pedestrian in the District of Columbia not carrying such a cane or a deaf pedestrian, either of whom is not using a dog guide in any of the places, accommodations, or conveyances listed in §§ 7-1001 and 7-1002 shall have all of the rights and privileges conferred by law on other persons, and the failure of such a blind pedestrian to carry such a cane or the failure of a blind or deaf pedestrian to use a dog guide in any such places, accommodations, or conveyances shall not be held to constitute nor be evidence of contributory negligence.” Some questions to consider: • Should the main pedestrian right of way law cross-reference § 7-1004? Should there be a citation/fine in addition to the liability imposed? • Should it be updated to reflect the current model law which also covers the partially blind? 13 [Note it doesn't cover deaf pedestrians, but DC may be "special" in that area given Gallaudet's presence.] • Do DDOT and MPD need to update any policies, rules, crash reporting forms, etc. to reflect this law?

More information may be found at http://la.streetsblog.org/2014/08/07/california-has-officiallyditched-car-centriclevel-of-service 13 https://nfb.org/model-white-cane-bill 12

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