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Transit Bus Operator Distraction Policies (2013)

Chapter: Appendix G - Maryland Transit Administration Policy: Zero Tolerance for Mobile Communication Devices

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Suggested Citation:"Appendix G - Maryland Transit Administration Policy: Zero Tolerance for Mobile Communication Devices ." National Academies of Sciences, Engineering, and Medicine. 2013. Transit Bus Operator Distraction Policies. Washington, DC: The National Academies Press. doi: 10.17226/22485.
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Suggested Citation:"Appendix G - Maryland Transit Administration Policy: Zero Tolerance for Mobile Communication Devices ." National Academies of Sciences, Engineering, and Medicine. 2013. Transit Bus Operator Distraction Policies. Washington, DC: The National Academies Press. doi: 10.17226/22485.
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Suggested Citation:"Appendix G - Maryland Transit Administration Policy: Zero Tolerance for Mobile Communication Devices ." National Academies of Sciences, Engineering, and Medicine. 2013. Transit Bus Operator Distraction Policies. Washington, DC: The National Academies Press. doi: 10.17226/22485.
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Suggested Citation:"Appendix G - Maryland Transit Administration Policy: Zero Tolerance for Mobile Communication Devices ." National Academies of Sciences, Engineering, and Medicine. 2013. Transit Bus Operator Distraction Policies. Washington, DC: The National Academies Press. doi: 10.17226/22485.
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Suggested Citation:"Appendix G - Maryland Transit Administration Policy: Zero Tolerance for Mobile Communication Devices ." National Academies of Sciences, Engineering, and Medicine. 2013. Transit Bus Operator Distraction Policies. Washington, DC: The National Academies Press. doi: 10.17226/22485.
×
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Suggested Citation:"Appendix G - Maryland Transit Administration Policy: Zero Tolerance for Mobile Communication Devices ." National Academies of Sciences, Engineering, and Medicine. 2013. Transit Bus Operator Distraction Policies. Washington, DC: The National Academies Press. doi: 10.17226/22485.
×
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Suggested Citation:"Appendix G - Maryland Transit Administration Policy: Zero Tolerance for Mobile Communication Devices ." National Academies of Sciences, Engineering, and Medicine. 2013. Transit Bus Operator Distraction Policies. Washington, DC: The National Academies Press. doi: 10.17226/22485.
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87 APPENDIX G Maryland Transit Administration Policy: Zero Tolerance for Mobile Communication Devices

88 Labor and Employee Relations POLICY Zero Tolerance for Mobile Communications Devices & Other Electronic Devices Policy No. 1001-2010-1 MTA Document Serial No. 1001-2010-1.1.20100913 Page 2 of 6 Rev No. N/A Issue Date: 9/13/2010 Supersedes: Bulletin #111-09 and others Guidance Office: Effective Date: 10/1/2010 Applies to: ALL MTA Employees & Contractors (except Police Department employees) 1. STATEMENT OF POLICY The Maryland Transit Administration (MTA) is committed to providing safe and reliable transportation service and is dedicated to ensuring the safety of its employees, its riders, and the general public. As such, the MTA adopts a policy of Zero-Tolerance for the use of cellular phones and other mobile electronic devices while its employees are directly engaged in public service, performing safety sensitive duties, or in locations where complete attention is required to ensure safety. The following policy clarifies and extends what was stated in Transportation Bulletin #111-09, and, upon the effective date provided above, will supersede Bulletin #111-09 and all previous policy statements regarding cell-phone use. 2. APPLICABILITY This policy applies to all MTA employees and contractors (union and non-union) but does not apply to employees of the MTA Police Department1. However, the corrective actions described in Section 4 apply to MTA employees only (except for Police Department employees) and not to contractors. The corrective action for contractors (i.e., persons performing work on contract with the MTA) who violate this policy is removal from their contracted work or an appropriate action to be taken by the project manager. 3. DEFINITIONS 3.1. Policy: a reference to the current document. 3.2. Mobile Communications Device: refers to a device by which mobile communication is made possible. This includes cellular (or mobile) phones or other mobile communications devices (for example, pagers, texting devices, etc.). This also includes any attachments (e.g., hands-free headsets, bluetooth earpieces or headsets, or other attachments) that allow for hands-free or concealed use of the device. 3.3. Mobile Electronic Device: refers to an electronic device that can be used for entertainment, leisure, or other non-work activities (for example, portable gaming systems, electronic book readers, portable music and/or 1 MTA Police Department employees should refer to Section 6 and consult departmental rules and Standard Operating Procedures.

89 Labor and Employee Relations POLICY Zero Tolerance for Mobile Communications Devices & Other Electronic Devices Policy No. 1001-2010-1 MTA Document Serial No. 1001-2010-1.1.20100913 Page 3 of 6 Rev No. N/A Issue Date: 9/13/2010 Supersedes: Bulletin #111-09 and others Guidance Office: Effective Date: 10/1/2010 Applies to: ALL MTA Employees & Contractors (except Police Department employees) video players, etc.). This also includes any attachments (e.g., headphones, microphones, earpieces, or other attachments). 3.4. Personal Device: Refers to any of the above devices mentioned in sections 3.2 and 3.3 that was not issued or paid for by the MTA. 3.5. MTA Equipment: refers to any piece of MTA property including vehicles, buildings, tracks, parking lots, and other MTA property. 3.6. Revenue Vehicle: refers to any MTA vehicle designed for the transport of the riding public including MTA’s buses, trains, and paratransit vehicles, regardless of whether the revenue vehicle is directly owned by MTA or by a contracted service provider. 3.7. Non-Revenue Vehicle: refers to any MTA vehicle that is not intended for revenue service. This includes, but is not limited to, non-revenue passenger vehicles, maintenance vehicles (e.g., tow trucks, rail trucks, etc.), construction equipment, and “golf-carts.” 4. APPLICATION OF ZERO-TOLERANCE: The following rules govern how and where the MTA’s zero- tolerance policy applies and what corrective action will result from a violation of this Policy. 4.1. Operating an MTA Revenue Vehicle: This includes driving the vehicle, being in the driver’s seat or operator’s cab (regardless of vehicle movement), performing a pre-trip inspection or otherwise preparing to operate the vehicle, and/or parking and securing the vehicle. While operating an MTA Revenue Vehicle, all mobile communications devices and mobile electronic devices must not be used or visible, including any attachments to such devices (e.g., hands-free headsets, ear phones, or any other apparatus allowing hands- free or covert use of the device). Corrective Action: Using ANY mobile electronic or communications device and/or related attachments (or having those devices visible) while operating an MTA Revenue Vehicle (described above), whether the vehicle is in service or out of service, will result in immediate termination.

90 Labor and Employee Relations POLICY Zero Tolerance for Mobile Communications Devices & Other Electronic Devices Policy No. 1001-2010-1 MTA Document Serial No. 1001-2010-1.1.20100913 Page 4 of 6 Rev No. N/A Issue Date: 9/13/2010 Supersedes: Bulletin #111-09 and others Guidance Office: Effective Date: 10/1/2010 Applies to: ALL MTA Employees & Contractors (except Police Department employees) 4.2. Maintaining MTA Equipment: This includes any task conducted to maintain or repair MTA equipment (defined in Section 3.5). For example, performing corrective maintenance, preventative maintenance, inspections, campaigns, replacements, cleaning, and other maintenance tasks. While maintaining MTA equipment, all personal mobile communications devices and personal mobile electronic devices must not be used or visible, including any attachments to such devices (e.g., hands-free headsets, ear phones, or any other apparatus allowing hands-free or covert use of the device). Corrective Action: Using a PERSONAL mobile electronic or communications device and/or related attachments while maintaining MTA equipment (described above) will result in immediate termination. 4.3. Directly Serving the Riding Public: This includes, but is not limited to, monitoring and/or controlling MTA service and monitoring and/or controlling service communications (for example, controlling and monitoring MTA operations in control centers). Corrective Action: Using a PERSONAL mobile communications device when directly serving the riding public (described above), unless this use is absolutely necessary during a work-related emergency (described in Section 5.3, is a major offense and may result in penalties up to and including termination. (Operating an MTA Revenue Vehicle does not fall into Section 4.3; for rules governing device use while operating an MTA Revenue Vehicle, see Section 4.1.) 4.4. Being present in a safety-sensitive area: This includes any location in the MTA where, in the opinion of Safety or Service Quality, an employee’s full attention is necessary to ensure safety. This includes bus yards, farebox vaulting lanes, maintenance shop lanes and floors, parking lots, train yards and track areas, and substations. However, mobile device use may be permissible if the employee is walking in an area that is designated for pedestrian use (e.g., sidewalks) or the employee is in a safe space (e.g., a safely parked vehicle) as long as device use is not interfering with MTA’s operations and is not posing a safety hazard.

91 Labor and Employee Relations POLICY Zero Tolerance for Mobile Communications Devices & Other Electronic Devices Policy No. 1001-2010-1 MTA Document Serial No. 1001-2010-1.1.20100913 Page 5 of 6 Rev No. N/A Issue Date: 9/13/2010 Supersedes: Bulletin #111-09 and others Guidance Office: Effective Date: 10/1/2010 Applies to: ALL MTA Employees & Contractors (except Police Department employees) Corrective Action: Using a PERSONAL mobile communications or electronic device while being present in a safety-sensitive area (described above) is a major offense and may result in penalties up to and including termination. 4.5. Operating an MTA Non-Revenue Vehicle: Employees using mobile communications devices while operating non-revenue vehicles must abide by the Hands-Free Cell Phone Use Policy for State Employees and applicable federal, state, and local laws. Mobile communications devices may be used by the operator of an MTA Non-Revenue Vehicle while the vehicle is in motion if and only if a hands-free attachment is being used and the operator of the vehicle is able to safely operate the vehicle. (However, the MTA strongly recommends safely stopping the vehicle before using a mobile device and will impose significant discipline for any employee whose accident is a direct or indirect result of mobile device use.) Corrective Action: 4.5.1. Using ANY mobile communications device without using a hands-free attachment is a major offense and will result in penalties up to and including termination. 4.5.2. Texting (viewing or sending text messages and/or emails) while the vehicle is in motion is a major offense and will result in penalties up to and including termination. 5. PERMISSABLE USE OF MOBILE DEVICES: There are locations and times when use of a mobile device is not in violation of the Policy. If the device is used or seen in a situation not outlined in Section 5, that use is not necessarily a violation of this Policy (unless expressly prohibited in Section 4); however, MTA’s management reserves the right to use reasonable judgment in situations that are not clearly outlined in this Policy (departmental rules may take precedence in these situations). Use of a mobile communications or electronic device in one or more the following situations is not in violation of this Policy: 5.1. During operator breaks and layovers but ONLY IF ALL of the following conditions are met: 5.1.1. The operator must be out of the driver’s seat or operator’s cab. 5.1.2. The vehicle must be stopped and secured as outlined in the appropriate operator’s rules.

92 Labor and Employee Relations POLICY Zero Tolerance for Mobile Communications Devices & Other Electronic Devices Policy No. 1001-2010-1 MTA Document Serial No. 1001-2010-1.1.20100913 Page 6 of 6 Rev No. N/A Issue Date: 9/13/2010 Supersedes: Bulletin #111-09 and others Guidance Office: Effective Date: 10/1/2010 Applies to: ALL MTA Employees & Contractors (except Police Department employees) 5.1.3. The operator is not performing any of the actions outlined in Section 4.1. 5.1.4. The use does not interfere with or delay service. 5.2. During non-operator breaks but ONLY IF ALL of the following conditions are met: 5.2.1. The employee is not in a safety-sensitive area (see Section 4.4). For example, the employee may be allowed to use the device in a break room, lunch room, or office. The appropriate location for mobile device use will be determined by departmental management. Employees are responsible for knowing the appropriate location for device use. 5.2.2. The employee is not performing any actions outlined in Sections 4.1, 4.2, or 4.3. 5.3. During work-related emergencies but ONLY IF the employee has no other means of communication available. However, the employee should cease all safety-sensitive duties (outlined in Sections 4.1, 4.2, and 4.3) and remove him or her self from any safety-sensitive area if possible (outlined in Section 4.4). 6. DEPARTMENTAL MOBILE DEVICE POLICIES 6.1. Individual MTA Departments/Divisions may issue and enforce their own mobile device policies ONLY IF those policies do not violate any of the prohibitions contained in this Policy. That is, policies at MTA’s departments/divisions cannot allow for mobile communications or electronic device use in situations that are expressly prohibited by this Policy. 6.2. Departmental/Divisional policies that address situations not discussed in this Policy will take precedence.

Abbreviations used without definitions in TRB publications: A4A Airlines for America AAAE American Association of Airport Executives AASHO American Association of State Highway Officials AASHTO American Association of State Highway and Transportation Officials ACI–NA Airports Council International–North America ACRP Airport Cooperative Research Program ADA Americans with Disabilities Act APTA American Public Transportation Association ASCE American Society of Civil Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials ATA American Trucking Associations CTAA Community Transportation Association of America CTBSSP Commercial Truck and Bus Safety Synthesis Program DHS Department of Homeland Security DOE Department of Energy EPA Environmental Protection Agency FAA Federal Aviation Administration FHWA Federal Highway Administration FMCSA Federal Motor Carrier Safety Administration FRA Federal Railroad Administration FTA Federal Transit Administration HMCRP Hazardous Materials Cooperative Research Program IEEE Institute of Electrical and Electronics Engineers ISTEA Intermodal Surface Transportation Efficiency Act of 1991 ITE Institute of Transportation Engineers MAP-21 Moving Ahead for Progress in the 21st Century Act (2012) NASA National Aeronautics and Space Administration NASAO National Association of State Aviation Officials NCFRP National Cooperative Freight Research Program NCHRP National Cooperative Highway Research Program NHTSA National Highway Traffic Safety Administration NTSB National Transportation Safety Board PHMSA Pipeline and Hazardous Materials Safety Administration RITA Research and Innovative Technology Administration SAE Society of Automotive Engineers SAFETEA-LU Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (2005) TCRP Transit Cooperative Research Program TEA-21 Transportation Equity Act for the 21st Century (1998) TRB Transportation Research Board TSA Transportation Security Administration U.S.DOT United States Department of Transportation

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TRB’s Transit Cooperative Research Program (TCRP) Synthesis 108: Transit Bus Operator Distraction Policies is designed to help transit agencies develop policies and programs to address and prevent distracted driving incidents.

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