Public Transit Operations: Who's in the Driver's Seat?

Public transit is an important service that provides mobility for individuals without access to private transportation. To operate safely and effectively, organizations must regularly assess risks, and establish strong procedures that protect both employees and passengers.

Hiring: Who’s in the Driver’s Seat?

Safe operations begin with qualified drivers. All drivers should have a valid license with the correct classification, and organizations should conduct regular motor vehicle record checks. Personnel policies should require employees to report any changes to the status of their licenses.

Background checks should be completed before hiring, and steps should be taken to prevent driver fatigue. Recruiting and retaining skilled drivers is increasingly difficult, and turnover can reduce experience levels and increase costs.

Passengers: Who’s in the Passenger Seat?

Transit systems serve elderly individuals, low-income residents, people with disabilities and medically fragile passengers. This creates varied liability exposures.

Many systems are experiencing more unruly behavior from patrons. Surveillance cameras and GPS technology can help improve emergency response and assist with incident review. Unsheltered individuals may also seek shelter on transit vehicles, and irregular service or delays can increase stress for both passengers and staff. Safety procedures should help minimize exposure to illness and protect everyone on board.

Training and Supervision: Who’s Leading the Way?

Strong supervision and consistent training are essential. Driver training should include:

• Vehicle operation.
• Customer service.
• Handling non-compliant or unruly passengers.
• Emergency procedures.
• Standard operating protocols.

Supervisors should ensure that surveillance equipment, telematics and vehicles are properly maintained. Public Entity Partners also recommends that organizations implement internal safety committees to regularly evaluate exposures and operational issues.

Preventing Lawsuits: Who’s Managing the Risk?

Clear complaint procedures help identify and correct issues early. Maintenance records, inspections and documentation processes must be consistent. Drivers should report defective equipment, hazards and any situation that may create liability, and should know how to document incidents properly.

Incident Only and Claims Reporting: Please continue to file your claims and “notification only” information through the online member portal. Filing through the portal ensures timely processing of the claim and includes a confirmation number for your records.

Timely Claims Filing: While we understand that you have numerous responsibilities in your position and that many days are filled with juggling multiple tasks, if you are the person in your organization who is responsible for filing claims, please do so as quickly as possible. Claims must be filed in a timely manner so that witnesses can be interviewed, pertinent documents can be gathered and due diligence can begin. Delaying claims filing can create prejudice, which can jeopardize your defense and, in some situations, result in a denial of coverage. If you do not have login credentials or need assistance filing an online claim, please reach out to your regional member services representative.

Recording Equipment and Liability Reduction

Many organizations use telematics and/or have cameras on the inside and outside of vehicles owned by the organization. Those recordings can be extremely helpful in HR investigations, and when addressing citizen complaints and mitigating risks. However, those recordings are critical to the claims process.

To maximize the effectiveness of video equipment:

1. Transit drivers should document and submit any complaint they have received to their immediate supervisor as soon as reasonably practicable.
2. Maintain up-to-date transportation policies.
3. Provide seat belts for passengers and train drivers on car seat and seat belt laws.
4. Maintain written policies for handling non-compliant and unruly passengers.
5. Ensure drivers are fully trained in emergency procedures.
6. Adopt a written policy governing video use that includes, but is not limited to:
   a. Verifying all recording devices during pre-trip inspections.
   b. Documenting equipment maintenance.
   c. Posting signage notifying passengers of recording.
   d. Removing equipment that cannot be repaired.
   e. Randomly reviewing footage.
   f. Preserving footage when near misses or complaints occur.
   g. Restricting driver access to recordings.
   h. Reporting all accidents and completing a police report.
   i. Following a compliant retention schedule, keeping incident footage for at least one year.

Additionally, it is imperative that recordings be maintained in a format that is accessible and that they are retrievable.

To view Public Entity Partners’ full list of public transit guidelines, click here.

If you have questions about risk management practices that you can put in place for your public transit operations, please contact your regional casualty loss control consultant.