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!