Strategies for Deterring Trespassing on Rail Transit and Commuter Rail Rights-of-Way, Volume 2: Research Overview (2022)

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85   This chapter examines existing guidelines, standards, and decision-making processes associ- ated with current domestic and international trespasser mitigation strategies. Review of Countermeasure Strategy Standards and Guidelines Many of the guidelines and standards apply across multiple trespass prevention strategies; therefore, the strategies are combined into the following categories: • Access Control Engineering Strategies—fencing, channelization, and barriers; landscaping; anti-trespass guard panels; and PSDs • Other Engineering Strategies—surveillance and detection; lighting; approaching train alerts; and track retrieval devices • Education, Engagement, and Enforcement Strategies Access Control Engineering Strategies FRA’s High-Security Fencing for Rail Right-of-Way Applications: Current Use and Best Prac- tices recommends analyzing high-security fencing costs, developing a trespass hazard analysis framework, and conducting fencing effectiveness studies for successful implementation of high- security fencing (21). This document refers to standards and guidelines from multiple agencies, including the following: • NJ Transit Policy on Right-of-Way Signage and Fencing (Number: SAF-027) • Purpose, Standards, and Guidelines for Fencing and Associated Designated Pedestrian/ Bicycle Crossings along MetroRail Right-of-Way—approved by the Capital Metropolitan Transportation Authority Board of Directors (September 20, 2008) • Amtrak’s Emergency Management and Corporate Security approach to the selection of sec urity fencing APTA published recommended practices to guide transit agencies on the different types of fenc- ing systems. Fencing Systems to Control Access to Transit Facilities (APTA SS-SIS-RP-003-10) provides guidance on installing fencing systems to control access to areas under the jurisdiction of a transit agency (91). The recommended practice is proposed to ensure that fencing systems’ security measures were considered during the design, material specification, installation, and placement processes. Fencing and gate system checklists in Appendices A and B of the APTA document identify selection criteria and determine the design, location, and installation of fencing and gate systems for access control. C H A P T E R 5 Review of Existing Guidelines and Recommendations for Addressing Trespassing Issues

86 Strategies for Deterring Trespassing on Rail Transit and Commuter Rail Rights-of-Way Chain Link, Mesh, or Woven Metal Fencing Systems to Control Access at Transit Facili- ties (APTA SS-SIS-RP-004-10) provides information for the eective design and placement of chain-link, mesh, and woven metal fencing systems for revenue and nonrevenue transit facili- ties (92). is recommended practice focuses on metal materials due to their high eciency and security values. A detailed description of strengths, weaknesses, and uses of each fencing system type is given in the recommended practice, as shown in the example in Figure 32. Ornamental Fencing Systems to Control Access at Transit Facilities (APTA SS-SIS- RP-006-10) discusses the design, installation, and maintenance of ornamental fencing systems under the jurisdiction and control of a transit agency (93). APTA recommends the use of this document by any entity, public or private, that regulates, inspects, designs, species, builds, maintains, and operates public transportation facilities. e recommended practice suggests implementing ornamental fencing in combination with other security measures such as crime prevention through environmental design, lighting, and other types of barriers. e recently released Rails-with-Trails Best Practices and Lessons Learned documents the state of the practice and lessons learned regarding the development, construction, and opera- tions of rails-with-trails (94). Railroads are concerned that locating a trail parallel to train tracks reinforces the public perception that rail right-of-way is available for public use. Options to provide a separation measure between a trail and an active track to reduce trespassing include fencing, ditches, berms, and vegetation. Security measures include trail patrols, vegetation clear- ance, lighting installation, and damage-resistant fencing. Rails-with-trails could be a strategy that agencies examine to improve pedestrian and bicycle connectivity, especially to rail stations. Conceptually, rails-with-trails channelize would-be trespassers onto the trail instead of directly on the rail right-of-way, thus reducing trespassing. TCRP Report 175: Guidebook on Pedestrian Crossings of Public Transit Rail Services presents dierent engineering treatments to improve pedestrian safety at rail transit grade crossings (24). Treatments introduced in the guidebook that could deter trespassing by directing pedestrians to cross tracks at designated areas include the following: • Barriers—channelization, general, pedestrian fencing (see Figure 33), and temporary barriers • Design—stops and terminals, and illumination • Infrastructure—pedestrian automatic gates with a horizontal hanging bar • Operations—reduced train speeds and rail safety ambassador program TCRP Report 153: Guidelines for Providing Access to Public Transportation Stations provides a process and spreadsheet-based tool for eective access planning for high-capacity transit Source: American Public Transportation Association, Chain Link, Mesh, or Woven Metal Fencing Systems to Control Access at Transit Facilities (92). Figure 32. Example description of APTA SS-SIS-RP-004-10 fencing type.

Review of Existing Guidelines and Recommendations for Addressing Trespassing Issues 87   stations, including commuter rail, light rail, heavy rail, bus rapid transit, and ferry (95). The planning process and guidance introduced in the report can be used to implement counter- measures to reduce trespassing. APTA’s Gates to Control Access to Revenue and Nonrevenue Transit Facilities (APTA SS-SIS-RP-005-10) provides recommendations for effective design and placement of various gate types (96). This document provides information about determining the appropriate gate system for individuals or organizations that build, operate, or maintain transit properties. It includes a detailed description of each gate type’s strengths, weaknesses, and usage. The Manual on Pedestrian and Bicycle Connections to Transit, produced for FTA, addresses best practices to help transportation professionals improve pedestrian and bicycle safety and access to transit (97). The manual covers light and heavy rail stops, access to rail stations, and specific pedestrian needs, such as complete sidewalks and convenient crossings. Other Engineering Strategies APTA’s Standard for Closed Circuit Television (CCTV) Inspection, Testing and Maintenance (APTA RT-SC-S-012-03) provides procedures for inspecting, testing, and maintaining rail CCTV systems (98). The standard’s purpose is to verify that CCTV circuitry, systems, and equipment are operating safely and as designed through periodic inspection, testing, and maintenance. TCRP Legal Research Digest 52 addresses numerous legal issues related to video surveillance systems, such as a system’s ability to use video to discipline employees, safety issues associated with such use, public access to such video, and retention policies regarding the video (99). APTA’s Security Lighting for Transit Passenger Facilities (APTA SS-SIS-RP-001-10) (58) and Security Lighting for Nonrevenue Transit Facilities (APTA SS-SIS-RP-002-10) (100) provide rec- ommended practices for security lighting systems for transit passenger facilities and nonrevenue transit facilities, which include maintenance yards, rights-of-way, equipment storage, switches, and other areas restricted to passenger entry and access. APTA recommends using these docu- ments to guide security design reviews, capital improvement projects, retrofit projects, new designs, and grant submissions that enhance the property’s security. Crime Prevention through Environmental Design (CPTED) for Transit Facilities (APTA SS-SIS-RP-007-10) provides guidance for applying CPTED principles to enhance safety and Source: Jeffery Warner, TTI. Figure 33. Example of pedestrian fencing treatment in Boston.

88 Strategies for Deterring Trespassing on Rail Transit and Commuter Rail Rights-of-Way security while reducing risk to people, operations, and assets at public transit facilities (101). This document considers security measures, costs, and the identification of all pertinent stake holders in applying CPTED concepts and strategies. CPTED implements five strategies—natural sur- veillance, natural access control, territorial reinforcement, activity support, and maintenance— which encompass most of the engineering strategies introduced in the previous chapter. Figure 34 captures an example of a strategy description. Education, Engagement, and Enforcement Strategies Public and Industry Campaigns Rail Transit Grade Crossing Public Education (APTA RT-RGC-RP-002-02) uses Operation Lifesaver as a model for other rail grade crossing public education programs (75). Modifying and adapting Operation Lifesaver’s materials and messages may require a meeting with local stakeholders. New-start programs should start at least 6 months before the new service but could begin as soon as 1 year before. The target audience should be assessed from the demo- graphics of those using the system or walking near the system. Educational programs benefit from site-specific information such as the station name. This recommended practice also pro- motes partner ships with local municipalities, police, and Operation Lifesaver. Operation Lifesaver’s Best Practices for Rail Transit Safety Education presents a review and survey of Rail Transit Safety Education Grant recipients between 2013 and 2017 (77). This docu- ment captures the safety campaigns’ activities and level of effectiveness, and offers several best practices and lessons learned, including the following: • Match the approach to the target audience. • Balance goals with resources. • Make the campaign engaging. • Work with partners to expand the reach. • Do not put all the eggs in one basket. Employee Training APTA’s Security Awareness Training for Transit Employees (SS-SRM-RP-005-12) provides the guidelines for security awareness training for all transit employees, including contract employees, to understand their security awareness responsibilities and contribute to improved security within their transit system (102). This document recommends more specialized training Source: American Public Transportation Association, Crime Prevention through Environmental Design (CPTED) for Transit Facilities (101). Figure 34. Example strategy description of APTA SS-SIS-007-10 Crime Prevention through Environmental Design (CPTED) for Transit Facilities.

Review of Existing Guidelines and Recommendations for Addressing Trespassing Issues 89   for specific job categories that have additional security responsibilities, such as frontline employees and law enforcement positions. Rail Transit System Station Procedures (APTA RT-OP-RP-009-04) provides the basic features of a rail transit system’s station personnel pro- gram to optimize the customers’ safety, security, and satisfaction (103). This document describes recommended elements of rail transit station personnel’s duties and responsibilities, including monitoring performance, safety, security, customer relations, service assistance, station inspec- tion for safety and cleanliness, revenue procedures, station features, and station opening and closing procedures. Identifying Suspicious Behavior in Mass Transit (APTA SS-SRM-RP-009-09) is also a recommended practice aimed at providing transit employees minimum guidelines for identifying suspicious behavior in mass transit, which applies to all transit agencies regardless of size or mode (104). Although this document targets terrorism or criminal activity, the suspi- cious behavior flowchart (see Figure 35) and the overall recommendation are highly applicable in identifying trespassing and suicidal events. TCRP Report 174: Improving Safety Culture in Public Transportation provides information to help transit agencies improve the public transportation safety culture (105). The report presents methods and tools for assessing safety culture, identifies performance indicators, presents best practices in use, and provides guidelines for initiating and building a program for improving safety culture in public transportation agencies. Steps to improve safety culture in public trans- portation stated in the report are as follows: • Step 1. Secure a preliminary commitment from management and union leadership at the highest levels to improve the safety culture. • Step 2. Identify, consult, and secure the preliminary commitment of all other key stakeholders to improve the safety culture. • Step 3. Collectively determine the problems to be addressed (subject to regular revision as more information is received). • Step 4. Identify outside professionals and assessment tools to evaluate the transit agency’s current safety culture. • Step 5. Create a road map for improving safety culture and estimate the necessary financial resources to solve identified problems and make required changes. • Step 6. Jointly create a road map for rollout and implementation of the safety culture improve- ment plan and secure the commitment of the necessary resources. • Step 7. Meet with employee leaders (supervision and hourly) at all levels and secure their buy- in for the safety culture improvement plan. • Step 8. Implement outreach to all appropriate employees to introduce the safety culture improvement program, obtain input, and act on that input in a highly visible manner. • Step 9. Ensure that management and union leaders collaborate to carry out safety culture improvements and serve as organizational role models. • Step 10. Report back to employees regularly and continuously obtain feedback. TCRP Synthesis 121: Transit Agency Practices in Interacting with People Who Are Homeless captures effective practices, approaches, and outcomes within the transit industry regarding interactions with people who are homeless (106). The study conclusions include the following: • People who are homeless are a challenge regardless of transit agency size. • Partnerships are essential, and enforcement is necessary but not sufficient. • Successful policies target behavior, not specific individuals or groups. • Consistent enforcement clarifies agency expectations. • On-site drop-in centers staffed by social service agencies and other means of offering immedi- ate assistance to people who are homeless at transit facilities are an emerging trend. • Training frontline staff (at a minimum) in conflict resolution and treating all customers, including those experiencing homelessness, with respect are important components of enforcement. • Leadership and the willingness to be proactive are important.

90 Strategies for Deterring Trespassing on Rail Transit and Commuter Rail Rights-of-Way Source: American Public Transportation Association, Identifying Suspicious Behavior in Mass Transit (104). Figure 35. Example APTA SS-SRM-RP-009-09 suspicious behavior flowchart. Decision-Making Process Guidance In addition to the standards and guidance associated with the mitigation strategies, there exists guidance associated with determining the hazards and implementation of strategies. Hazard Analysis and Implementation Process In 2007, FRA released a document to manage gap safety, which indicates that a gap between the railcar floor and high-level station platform poses a safety risk to passenger train users.

Review of Existing Guidelines and Recommendations for Addressing Trespassing Issues 91   The gap safety document includes the hazard analysis and resolution process based on the U.S. Department of Defense methodology, as shown in Figure 36 (107). The hazard analysis and resolution process consists of five steps: define a system, identify hazards, assess hazards, resolve hazards, and follow up. This process was later demonstrated in the FRA research project in West Palm Beach, Florida, to address trespassing (108). Collision Hazard Analysis Guide: Commuter and Intercity Passenger Rail Service describes the hazard analysis process, providing a structured approach for passenger rail operators to identify and address hazards in their systems (109). The FRA Highway-Rail Grade Crossing and Trespass Prevention: Compliance, Procedures, and Programs Manual is designed to provide practical resources for uniform application of FRA regulations about grade crossing safety and trespass prevention programs throughout the nation (110). The manual can aid understanding of FRA policies, procedures, and programs that federal and state inspectors use. Mainly, the manual introduces the procedures for conducting railroad trespassing assessment in the following six steps: • Step 1. Identify the problem. • Step 2. Identify resources and stakeholders. • Step 3. Analyze the cause. • Step 4. Develop and implement trespass mitigation measures. • Step 5. Evaluate the results. • Step 6. Report and document. These steps fall within the CARE model, as presented in Figure 37. The APTA Manual for the Development of System Safety Program Plans for Commuter Rail- roads provides information on developing a system safety program plan designed for a com- muter railroad’s specific needs over the entire range of operating circumstances and system life cycles (111). Specifically, “Element 15: Rail Corridor Operation Safety” includes trespassing and intrusion programs and states that a “system safety plan must include identification and evalua- tion of the risk to the operation and passengers created by trespassers, as well as the risk of injury and death to trespassers” (111). Source: Federal Railroad Administration, FRA Approach to Managing Gap Safety (107). Figure 36. FRA hazard analysis and resolution process.

92 Strategies for Deterring Trespassing on Rail Transit and Commuter Rail Rights-of-Way e Reduction of Suicides and Trespasses on Railway Property (RESTRAIL) Practical Guide provides a detailed multistep problem-solving model (112). e structured analysis consists of a six-step recommended but exible methodology. e guide indicates that the “steps in the process are recurrent, allowing an iterative analysis and decision process” (112). e problem- solving model, shown in Figure 38, is more thoroughly described in a paper by Havârneanu et al. titled “Optimizing suicide and trespass prevention on railways: A problem-solving model from the RESTRAIL project” (113). Safety Risk Assessment e FTA Hazard Management versus Safety Risk Management Guide explains the dier- ence between the hazard management process required in FTA’s original State Safety Oversight regulation and the safety risk management process required in FTA’s Public Transportation Agency Safety Plan (PTASP) regulation (114). e hazard management process’s objective is to address and prevent single deciencies and failures of the technical system that cause accidents or incidents. Instead, the safety risk management process focuses on the systemwide safety risk that applies to all transit system elements, such as employees, infrastructure, equipment, and service activities. e PTASP regulation requires operators of public transportation systems that are recipi- ents of FTA grant funds to develop agency safety plans. e plan includes the processes and procedures to implement safety management systems and consists of safety management pol- icy, safety risk management, safety assurance, and safety promotion. e Guide to Develop- ing the Safety Risk Management Component of a Public Transportation Agency Safety Plan summarizes one of the four safety management system components, safety risk management (see Figure 39) (115). e PTASP regulation requires the safety risk management process to be applied to all elements of each agency’s system. e regulation also requires three elements to be developed—safety hazard identication, safety risk assessment, and safety risk mitigation— to establish methods or processes for addressing safety risk. FTA’s Sample Hazard Classication System—Public Transportation Agency Safety Plan (PTASP) Implementation guides transit agencies in establishing a classication system for hazards for the various aspects of the transit system (116). e document initially denes a hazard and a consequence and then provides denitions and examples of dierent types of hazards, including organizational hazards, technological hazards, and environmental hazards. Another FTA guide, Source: Federal Railroad Administration, Highway-Rail Grade Crossing and Trespass Prevention: Compliance, Procedures, and Programs Manual (110). Figure 37. CARE Model showing the assessment steps.

Source: Havârneanu et al. (2016) (113). Figure 38. RESTRAIL problem-solving model. Source: Federal Transit Administration, Guide to Developing the Safety Risk Management Component of a Public Transportation Agency Safety Plan (115). Figure 39. Safety management system components.

94 Strategies for Deterring Trespassing on Rail Transit and Commuter Rail Rights-of-Way Sample Safety Risk Assessment Matrices for Rail Transit Agencies, assists operators of public transportation systems with establishing a safety risk assessment matrix that could be prepared for the agency safety plans (117). The guide recommends agencies establish a matrix by defining and categorizing the severity of potential consequences and the levels of likelihood for each category. Problem Identification The FRA Trespass Prevention Research Study performed a trespass location severity analysis on the case study location, West Palm Beach, Florida (108). The research team developed a risk-based prioritization algorithm that considers various assessment factors, including prior incidents, near-miss history, track curvature, sight obstructions, number of tracks, train speed, prevalent trespass type, nearby traffic generators, and number of daily trains. The trespass loca- tion severity analysis provided a risk-based priority score for each study segment within the cor- ridor (see Figure 40). By using the identified higher-risk segments, the researchers could develop a set of location-specific trespassing mitigation strategies (108). CapMetro in Austin is using an incident management system (IMS) to input trespasser inci- dents and monitor for countermeasure opportunities (118). Figure 41 displays two components of CapMetro’s IMS. A map displays all incidents by incident type, and a dashboard displays the level of incident activities over time. Trespassing Railway Property—Typology of Risk Localities focuses on railway trespassing in the Czech Republic. Trespassing sites are categorized with “regard to their function, location, Source: Federal Railroad Administration, Trespass Prevention Research Study—West Palm Beach, FL (108). Figure 40. West Palm Beach, Florida, corridor map risk areas.

Review of Existing Guidelines and Recommendations for Addressing Trespassing Issues 95   layout, users, and frequency of trespassing” (12). The list of trespassing localities consists of the following categories, with most providing subtypes: • Trespassing in Stops and Stations – Illegal path along the tracks; legal access to platforms is longer or less comfortable – One or more illegal paths over tracks due to longer or uncomfortable legal access – Illegal paths over tracks due to the inconvenient location of the legal access • Shortcuts of Everyday Use apart from Stations – Illegal but justifiable shortcuts, located on the intensely employed route, with the legal crossing too far – Shortcuts located at the place of a closed level crossing, footbridge, or former street – Series of paths among two legal crossings – Illegal paths near a legal crossing (underpass or footbridge) whose layout does not suit users • Touristic Paths and Recreation Localities (e.g., hiking paths) – Illegal paths over tracks that are part of intensely used touristic trails – Smaller paths connected to wood footpaths – Railway infrastructure substituting for missing or insufficient pedestrian infrastructure – Railway situated in an area used for recreation • Places of Interest, Specifically Located on the Railway (e.g., persons interested in historical railway tunnels or bridges, or graffiti artists) • Places of Meeting or Lodging (e.g., homeless camps) • Level Crossings – At-level crossings with warning lights—in the initial phase (before the train) and after the train has passed and the red light is still on – At-level crossings with lights and barriers—in the initial phase (before barriers go down), during the period of closed barriers, and in the final phase when barriers go up but the red light is still on – Illegal paths over tracks just alongside the level crossing, often as a result of insufficient pedestrian infrastructure Source: Capital Metropolitan Transportation Authority, IMS (118). Figure 41. CapMetro MetroRail IMS dashboard.

96 Strategies for Deterring Trespassing on Rail Transit and Commuter Rail Rights-of-Way Identification of Intent The objective of FRA’s Consistent Trespasser Intent Determination Criteria Pilot Project is to develop standardized criteria to determine the probable intent (i.e., suicide or accident) of individuals involved in trespasser strikes on railroad rights-of-way (119). Understanding the intent can support the selection and evaluation of mitigation strategies. The methodology, called the Trespasser Intent Determination and Evaluation, includes three types of determinations: probably suicide, probably accident, or inconclusive. Selection of Countermeasures The objective of the Community Trespass Prevention Guide is to create safer communities by fostering the development of long-term trespass prevention strategies through community problem-solving partnerships, including at the local, state, and national levels (120). The guide lists four steps in solving existing trespass problems: community, analysis, response, and evalu- ation. This guide also introduces a model to prevent potential trespass problems that follow four steps: identifying the potential problem, analyzing the potential problem, developing an effective response, and evaluating the effectiveness of the response. The RESTRAIL Toolbox is a user-friendly problem-solving guide for the implementation of countermeasures to prevent railway suicides and trespassing accidents (121). Figure 42 provides a snapshot of the initial screen. The toolbox includes practical information for each counter- measure collected during the RESTRAIL project. The toolbox is initially designed to help railway undertakings, infrastructure managers, station managers, and other concerned decision-makers. Legal Considerations and Guidance The NCRRP Legal Research Digest 2: Railroad Legal Issues and Resources presents a detailed compilation and review of legal issues of importance that attorneys may encounter when rep- resenting both freight and passenger railroad owners and operators and others involved in rail- road-related transactions (122). The digest includes several cases related to trespassing, notably several about whether railroads are an attractive nuisance that could attract children. FRA’s Compilation of State Laws and Regulations Affecting Highway-Rail Grade Crossings presents each state’s trespassing laws on railroad property and equipment in Chapter 9 (123). The docu- ment is also available through a mobile application. Source: RESTRAIL, RESTRAIL Toolbox (121). Figure 42. RESTRAIL Toolbox’s initial screen provides filtering options.