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Everyone Deserves a Vicarious Liability Speeding Ticket

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					   Everyone Deserves a
Vicarious Liability Speeding
           Ticket
Does your Managers Turn a Blind
Eye to Speeding in the Workplace
Ultrasound = “born to drive?”
Lets make a couple of point clear
    A road speed limit is the maximum speed
    allowed by law for road vehicles. Speed limits
    are commonly set and enforced by the
    legislative bodies of nations or provincial
    governments, such as countries within the
    world.
The kinetic energy involved in a motor vehicle
collision is proportional to the square of the speed at
impact. The probability of a fatality is, for typical
collision speeds, empirically correlated to the fourth
power of the speed difference at impact rising much
faster than kinetic energy. To illustrate these
statistics, suppose two vehicles crash into a
massive, fixed object, and one vehicle’s speed is
10% greater than the other vehicle. The faster
vehicle will release 21% more energy, and its
occupants will experience a 46% higher probability of
a fatality.
Just one ticket $12,000.00
        Albertan gets $12,000 fine for speeding
        Canwest News Service
        Published: Friday, August 29 2008
        EDSON, Alta. - A 34-year-old Alberta man
        was handed a $12,000 speeding fine this
        week after police caught him roaring down
        the highway at 263 kilometres per hour -
        more than twice the posted speed limit.
        On May 1, a police officer noticed the man
        speeding on a Honda motorcycle on a
        stretch of Highway 16, between Edson and
        Hinton, Alta., with a 110 km/h speed limit.
Some Provinces aren't fooling
around
             October 23, 2008
             Alberta cracks down on unsafe drivers
             Aim is to make Alberta’s communities safer

   "The purpose of this program is to keep drivers from
   breaking traffic laws and endangering the lives of
   others," said Alison Redford, Minister of Justice and
   Attorney General. "We’re cracking down on unsafe
   We want to create safe and strong communities
   across the province, and there needs to be a strong
   deterrent to keep drivers from committing these
   crimes.”
Registered Owner Basis
       Re: Guilty Pleas to Traffic Offences on a
       Registered Owner Basis
       Please be advised that on July 21, 2006
       Alberta Justice revised internal practices
       and will no longer be accepting guilty pleas
       for violation tickets on a registered
       owner basis where the Crown can prove
       the identity of the driver and the original
       charge was laid as a driver. This means
       that any speeding ticket, traffic violation,
       or any similar matter will not be reduced by
       the Crown on the basis of a “RO” so
       the accused will avoid demerit points as
       the result of a conviction.
       Bottom line the drivers going for the full
       meal deal!
And You Mr Supervisor- Manager-
Owner-Board of Director!

       Vicarious liability is a form of strict,
       secondary liability that arises under the
       common law doctrine of agency –
       respondent superior – the responsibility of
       the superior for the acts of their
       subordinate, or, in a broader sense, the
       responsibility of any third party that had the
       "right, ability or duty to control" the
       activities of a violator.
Imagine
                 It is today!
            The alarm clock rang.
Oh my! you set it wrong, and if you don’t hurry you will be late for work.
Safety Meeting is your meeting of the day and you want to make a good
                   impression, and lead by example.
               Because that what good supervisor does.
   You jump out of bed.
   Pull on your clothes.
Run out and jump into the
assigned company vehicle.
    And away you go.
  You look at your watch.
  “I’m going to be late!”
  Your foot gets heavier.
The accelerator goes down.
   Your speed goes up.
           And…
       You guessed it,
  The Constabulary is right
           behind.
      What do you do?
Your at a “crossroad” in your
             life.
   Lead by example or!!!
You say, “I’ll be happy to pay
the fine, but hurry up, I don’t
  want to be late for work.”

“But wait,” the peace officer
           replies,
“I wish it were that simple.”
Think it won’t
happen to you?
37% of fatal all
crashes are due to
    speeding.
It’s not worth it. For you, for your
loved ones, for your future at our
company.
There’s a reason speed limits
exist, you know.
      Speed Sells
      High performance is the mantra of
       today's automotive manufacturers
      that glamorize excessive speeding
       promote unacceptable driver attitudes
       and behaviour
      Such lifestyle advertising subliminally
       encourages drivers to break the law by
       speeding and driving recklessly
      DONT EAT THAT HAROLD IT SOUNDS
       LIKE FROZEN HORSE PUCKS!
Why Do People Speed?
 Bored with driving
 In a hurry
 Like to drive fast
 Don’t know
 Again you say, “I’ll be happy
to let you have fifty percent of
   my salary for the next 20
 years, but just let me get to
work on time so I can just pay
     off this crazy ticket.”
 “But wait,” the peace officer
            replies,
 “I wish it were that simple.”
What Are Your Crash-Risk
Odds?
     The most dangerous part of the workday for any
     employee is the time they spend in their vehicle.


   Every 5 seconds a crash occurs.
   Every 7 seconds a property damage crash occurs.
   Every 10 seconds there is a traffic-related injury.
   Every 2 minutes there is an alcohol-related injury.
   Every 12 minutes someone dies in a roadway crash.
   Every 31 minutes an alcohol-related fatality occurs
   Every 113 minutes a pedestrian is killed in a traffic
    crash.
Questions?

   Can I be ticketed if traveling one kph over
    the posted speed limit?
    If I’m traveling ten kph over the speed
    limit, but the same speed as all the other
    cars on the road, can I get ticketed for
    speeding?
   Can I get a ticket for doing less than the
    posted speed limit?
When Results “Come Up Short”
Speeding is a conscious decision
        by the driver…..
      and remember this…..
For every 15 kph you drive faster
 than 80kph, you double your
 chances of being killed if a road
 incidentoccurs, - such are the
 increases in impact forces with
 increased speed.
Truck Drivers - Vital Stats
  •   In more than 60 percent of all fatal crashes
      involving cars and big trucks, the driver of the car
      contributed to the cause of the crash.
  •   Many crashes could be avoided if motorists gave
      trucks a "wide berth.
I finally get to my work site in my company
assigned vehicle and I think
I Will if You Will … Individual Thresholds
Group Behavior

 Every one speeds, I only was
  doing a buck twenty in a 100 km
  zone
 Or
 Everyone else is speeding why
  should I be singled out
 Or
 Everyone passes me if I do the
  speed limit, I'm holding up traffic
Characteristics of Threshold
Analysis

    Supplies a method for analyzing
     situations rather than a method
     for solving problems
    Helps to understand how things
     are, instead of telling ups what to
     do
    However, still can be useful in
     solving problems.
Survey Said, too bad the law
disagrees.

        I would prefer a society where exceeding the speed limit by 8 mph was
 accepted or tolerated, Im a good driver

        I would prefer a society of no speeding.

                Vicarious liability is a form of strict,
                secondary liability that arises under the
                common law doctrine of agency –
                respondent superior – the responsibility of
                the superior for the acts of their
                subordinate
KLLM – August 2000


       The jury found that KLLM
    ignored its own standards
 when it hired the truck driver accused
  of causing the August 2000 incident


      $6.8 million jury award
What is “Basic” Fleet Safety?
     Coordinating the efforts of managers and
     employees to:
1.    Minimize the potential for collisions
2.    Deal with collisions that do occur
3.    Assure compliance with laws /
      regulations that apply to your fleet
      operations
You over-speed? Even some-times?
Think an incidentcannot happen to
               you?
Remember, each and every one of
  the drivers in these accidents
   thought exactly the same …
    “Cannot happen to me”.
Driver Review and Training
 People change over time and so do
  their habits
 Driver review is a periodic revalidation
  of each driver’s qualifications
 As negative habits are discovered,
  documentation of coaching and
  training efforts are needed
2
DEAD




       Kill Your Speed
Safety Results at Your Company
 There are compelling legal reasons to
  make safety a top priority
 These same reasons call for measuring
  compliance to policies and measuring
  results

Negligent Entrustment, Negligent Hiring,
        Negligent Maintenance
Safety Results at Your Company
   Safety results impact the profitability
    of your firm:
     incidentcosts are not budgeted
     Hidden costs exceed insurance payouts
     Deductibles have been rising



    Fewer collisions = more time on what
    your company does to make a profit
4/18/2005 Collision




                      Associated Press Photo
To make drivers aware of the
   dangers of speeding.




            "If you're driving
              over the limit,
               ask yourself
               WHY? (Then
              slow down!)"
Not new, just difficult
   The importance of and difficulty in changing driver
    behavior to prevent traffic crashes has long been
    recognized:
       “The relationship between undesirable social phenomena and bad
        driving has not been much studied because bad driving has
        always been regarded as problem to be solved principally by
        improvements in the roads and cars, or by general propaganda
        and safety education in the schools” (De Silva, 1942, p.90)
   Ideas for addressing social norms of driving at the
    population level are not new:
       “Safety campaigns should focus on the driver’s peer group rather
        than the driver himself as the target of change, possibly by
        developing collaborative action research programmes between
        recreational and work groups and sponsoring groups”
         (Clark, 1976, p. 326)
A Campaign to Reduce Speeding
Do you include WC costs?
The most costly lost-time workers’
 compensation claims by cause of
   injury, according to provincial
     data, continue to be those
    resulting from motor vehicle
               crashes.
These injuries averaged more than
       $27,500 per WC claim.
Effects of a crash
   Roadway design factors, including how far
    ahead a driver can see, are compromised if
    vehicles travel faster than circumstances
    warrant.
   Other vehicles and pedestrians are put at
    risk by speeding drivers whose distances
    they may not be able to judge accurately.
   Recent studies have shown that drivers who
    run red lights are likely to be speeding and
    that motorcyclists who crash with other
    vehicles making left turns also are likely to
    be speeding.
                      Speeding
•   74% of drivers rate excessive speeding as a
    serious traffic safety problem
•   But even the same drivers who say it’s a serious
    problem admit speeding anyway
    •   39% admit speeding 15+ kph over the speed limit
        in the highway (4% even admit doing it “very
        often”)
    •   14% even admit speeding 15+ kph over the limit
        on neighborhood streets
What is NSC?
 The National Safety Code
  (NSC) is a set of safety
  standards for motor carriers,
  drivers and vehicles operating in
  Canada.
 Provides support through
  regulation for drivers and
  carriers to implement
  management processes to
  improve safety.
It just not a ticket in Alberta under
the NSC, its now part of who your
company is and what they are
willing to do about it.
     Carrier Profiles
     Alberta Transportation gathers enforcement information from across North
     America related to carriers authorized to operate commercial vehicles. This
     information includes:
     •Convictions against the carrier and its drivers
     •Commercial Vehicle Safety Alliance (CVSA) inspections
     •Collision Information
     •Facility Audit Information
     The department's Carrier Profile system is used to consolidate all information
     collected and can be used to identify carriers who propose a safety risk to other
     highway users.
Coding, Lumping Scheme
   A) Improper Speed -     (i) Speeding/Racing
                           (ii) Unnecessary Slow Driving
                           (iii) Sporadic Speeds
   B)Tailgating
   C) Dangerous Lane Changes/Lane Usage
   D) Improperly Equipped and Unsafe Vehicle
   E) Disobedience of Traffic Signs and Signals
   F) Hostile Driver Displays
   G) Erratic Driver
   H) Driver Inattention
   I) Hazardous Road Conditions Not Attributable to Driver
      Behaviour
Progressive Intervention Process
 Warning Letter
 Carrier Interview
 Quantifiable Audit
 Show Cause Hearing
Commercial Vehicle Speeds
   Large trucks require much longer distances than cars to stop.
    Lower speed limits for trucks make heavy vehicle stopping
    distances closer to those of lighter vehicles.
   Slower truck speeds allow automobile drivers to pass trucks
    more easily.
   Crashes involving large trucks not only can cause massive
    traffic tie-ups in congested areas, but they put other road
    users at great risk.
   Nationally, a total of 98 percent of the people killed in two-
    vehicle crashes involving a passenger vehicle and a large
    truck are occupants of the passenger vehicles.
Carrier’s Obligations
   As a carrier, you are responsible for:
       educating yourself and all drivers who work
        under your Safety Certificate

       ensuring that all vehicles that are operated
        under your Safety Certificate are properly
        maintained
Carrier’s Obligations Cont.
    ensuring only competent and qualified drivers
     drive your vehicles

    establishing policies for monitoring hours of
     service, vehicle maintenance, safety programs,
     and ensuring your safety policies are followed
Close the Loop
   Speeding makes it harder for you to steer
    safely around curves or objects in the road.
    The faster you are going, the longer it will
    take you to stop. Speed increases the
    distance you car or truck travels while you
    try to react to a hazard or problem.
   Higher crash speeds also mean that your
    seatbelt and air bags are less effective, and
    that guardrails, barriers, and impact
    attenuators won’t offer as much protection.
Progressive Intervention Process -
Risk Bands
   Carriers are divided into risk bands
    based on fleet size. Within each risk
    band, the provincial median is calculated in
    each of the 4 categories:
          Contraventions   Risk Band      Fleet Size      % of carriers % of vehicles
          Inspections          1       0-01 - 1 vehicle       57%           18%
                                2       1.01 - 2 vehicles      19%           10%
          Accidents
                                3       2.01 - 3 vehicles       7%            6%
          Total Points         4       3.01 - 5 vehicles       7%            8%
                                5       5.01 - 9 vehicles       5%           10%
                                6       9.01 - 20 vehicles      3%           13%
                                7       20.01+ vehicles         2%           35%
Driver Records
   You must keep records on each of the
    following for every driver who works under
    your Safety Certificate:
     driver license
     transportation of dangerous goods training
      certificates
     driver abstracts
     driver incident records
The Problem

 In about a third of all the wrecks
  that kill someone, at least one of
  the drivers was speeding.
 About 1,000 fatalities resulted from
  speeding-related motor vehicle
  traffic crashes every month.
Data, cont.
       Saturdays have the highest number of
        speeding-related fatal crashes, followed
        by Sundays and Fridays.
       Male drivers are more likely to be
        involved in speeding-related fatal
        crashes than female drivers among
        drivers of all ages.
       The relative proportion of speeding
        drivers decreases with increased driver
        age.
Data, cont.
     Saturdays have the highest
      number of speeding-related
      fatal crashes, followed by
      Sundays and Fridays.
     Speed often goes unreported in
      crashes because drivers don’t
      often admit they were speeding,
      especially if they’ve admitted
      they were tired as well.
Another Speeding Hazard: Following
Too Close

       Most people seem to drive too fast and too close,
        but that doesn’t make it O.K. Just because they
        aren’t giving themselves enough time to react
        doesn’t mean you shouldn’t.

       All kinds of things can happen in traffic. The car
        in front of you can swerve. The driver in front of
        them can slam on his or her brakes, and then
        they will, and then you’ll have to. And when you
        run into the guy in front of you, no matter what
        he did, guess what: It’s your fault, and you’ll be
        ticketed.
Your supervisory skills come in
many forms
 Do all managers know what is
  required?
 Self Audit of processes and records to
  assure compliance:
“1-800-How’s My Management?”
    Bottomline = what results are coming
             from your efforts?
Its not always about the BIG trucks
   Fleet drivers come in many forms, and
    a lot people don't think the one ton
    driver or the small delivery van is a
    commercial vehicle with a fleet safety
    speeding problem
Drive safely.
Stick to the speed limits.




  Don’t be another
statistic on a carrier
       profile.
Questions or am I going to
       fast for you!

				
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posted:3/20/2009
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