Commonwealth of Kentucky Occupant Protection Taskforce Plan

Commonwealth of Kentucky Occupant Protection Taskforce Plan Prepared by: Kentucky Office of Highway Safety Occupant Protection Taskforce June 23, 2016 1

Michael Schwendau Assistant Director; Kentucky Office of Highway Safety 200 Mero Street Frankfort, KY 40622 Greg Thomas Secretary, Transportation Cabinet 200 Mero Street Frankfort, KY 40622 Under the authority as the Chairman of the Governors Executive Committee on Highway Safety (hereinafter GECHS) I am hereby requesting you to chair or designate a chair and form the Kentucky Occupant Protection Taskforce (hereinafter KOPTF). In accordance with MAP-21, Kentucky is required to submit a statewide occupant protection plan to the U.S. Department of Transportation, National Highway Traffic Safety Administration. The purpose of the statewide occupant protection plan is to provide a comprehensive strategy to reduce the number of fatalities and serious injuries as a result of people not utilizing proper restraints, increase public awareness and address behavior to improve the observed seatbelt use rate in the state. Therefore as the governors representative it is ordered: 1. Established a. The Kentucky Occupant Protection Taskforce (hereinafter KOPTF) is hereby established. 2. Membership a. The Task Force shall consist of not more than fifteen (15) voting members. All members shall be appointed by the GECHS and shall serve at the pleasure of the chair of the GECHS. The Kentucky Office of Highway Safety Director or designated party will be chair of the Task Force. 3. Meetings a. The Task Force shall meet upon the call of the GECHS and hold quarterly meetings. The Chair shall set the agenda for the Task Force meetings. The Task Force may establish such committees or other working groups as are necessary to assist in performing its duties. 4. Duties a. The Task Force shall review all existing Kentucky data, laws, regulations and programs and develop a statewide occupant protection plan to provide a comprehensive strategy for preventing and reducing unbelted fatalities and serious injuries and related driving behavior, such as impaired driving. b. Other duties as assigned by the Governor. c. Other duties as assigned by the GECHS. 5. Administration a. The Transportation Cabinet shall provide all administrative and staff support service required by the task force through the Kentucky Office of Highway Safety. Members will serve without compensation, but may receive necessary travel and subsistence expenses in accordance with state law and the policies, and regulations of the Finance Cabinet. 6. Effect and Duration a. This order is effective July 1, 2016 and shall remain effect until June 30, 2020, or until earlier rescinded. 2

Introduction Kentucky has had a long history of progressively reducing the number of unbelted occupants killed or injured in crashes. With the successful passage of the primary seat belt law in 2006 and improvements of the booster seat law in 2015; Kentucky has steadily improved its observed usage rate. This plan is organized in accordance with recommendations from the National Highway Traffic Safety Administration (NHTSA); Uniform Guidelines for State Highway Safety Programs #20 (2006) and in response to a recommendation from the 2015 Occupant Protection program assessment. This plan is provided to the National Highway Traffic Safety Administration (NHTSA) in response to the grant requirements of Title 23, Section 405 (b). One of the key recommendations in the Occupant Protection Assessment (March 2015) was that the KOHS implement an Occupant Protection coalition or subcommittee that will focus on occupant protection issues and projects, provide collaboration and communication among existing partners, generate additional participation, and raise the visibility and priority of occupant protection in the State. In response to this recommendation, the Kentucky Office of Highway Safety worked with other Occupant Protection Program partners to establish a Statewide Occupant Protection Task Force. Members of the OP Task Force represent a number of state agencies, university research centers, law enforcement, and healthcare including: Kentucky Office of Highway Safety; Chair Commercial Vehicle Enforcement Kentucky State Police Safe Kids Kentucky University of Kentucky Transportation Center Kentucky Hospital Association Kentucky Attorney General s Office Kentucky Transportation Cabinet; Traffic Operations Center Kentucky Injury Prevention and Research Center Louisville Metro Police Department Lexington Metro Police Department Mission To reduce Kentucky s roadway fatalities and serious injuries related to the behavior and usage of occupant protection devices, through partnerships and comprehensive data-driven strategies. Performance Measures 3

The overall performance measures and targets of the Kentucky Occupant Protection Task Force reflect those of the Strategic Highway Safety Plan that was adopted in 2015. To increase the observed seat belt usage rate to above 90% in a statewide observed count by June 30, 2019 to be selected and observed in accordance to the NHTSA selection criteria. To decrease the number of occupant protection serious injuries and fatalities by 20% in the 5 year rolling average by December 31, 2019. Overview Occupant protection includes any protective device, such as a seat belt, airbag, child safety seat, or booster seat, which prevents death and/or injury in motor vehicle crashes. Within Kentucky there has been a gradual increase in seat belt use over the last ten years. Following the passage of the primary seat belt law in 2006 and the beginning of ticketed enforcement in 2007, the seat belt usage rate increased from 67 percent in 2005 to 86 percent in 2014. Data also suggest that occupants wearing a seat belt are less likely to be seriously injured or killed in a collision. Of the vehicle occupants killed in collisions in 2014, 36 percent were wearing a restraint while 43 percent were not. The graph above shows a steady climb in seat belt usage rates and the table on the following page demonstrates that users wearing restraints are less likely to have injuries than users who do not. GOAL AND OBJECTIVE: The goal of the Kentucky Occupant Protection Task Force is to advise and support the efforts of occupant protection coalitions and activities statewide to reduce the number of serious injuries and fatalities resulting from inadequate or improper use of occupant protective measures. The Occupant Protection Task Force will adopt the established plan from the Kentucky Strategic Highway Safety Plan that was established as the state's Strategic Occupant Protection plan in November 2015. To measure progress toward this goal, an objective has been set to reduce the 5 year rolling average number of occupant protection-related fatalities to 258 by December 31, 2019. This would follow along the goal of reducing annual fatalities by 50 percent between 2014 and 2030 as part of Kentucky s overall Toward Zero Deaths initiative. 4

Occupant Protection Program Management The mission of the Kentucky Office of Highway Safety (KOHS) is to promote highway safety awareness and reduce the number of traffic crashes and fatalities in the Commonwealth of Kentucky; the planning and execution of safety programs. 5

NHTSA Highway Safety Program Occupant Protection Guidelines: Each State should have centralized program planning, implementation, and coordination to achieve and sustain high rates of seatbelt use. Evaluation should be used to revise existing programs, develop new programs and determine progress and success. The State Highway Safety Office (SHSO) should: Provide leadership, training and technical assistance to other State agencies and local occupant protection programs and projects; Establish and convene an occupant protection advisory task force or coalition to organize and generate broad-based support for programs. The coalition should include agencies and organizations that are representative of the State s demographic composition and critical to the implementation of occupant protection initiatives; Integrate occupant protection programs into community/corridor traffic safety and other injury prevention programs; and Evaluate the effectiveness of the State s occupant protection program. The KOHS has a designated Occupant Protection (OP) Program Coordinator whose responsibilities include serving as a statewide OP resource, proactively encouraging participation in the State s occupant protection program, and developing programs to increase seat belt and car seat use. The OP Coordinator works with KOHS s public information coordinator to increase the level of awareness and visibility of occupant protection issues. The Kentucky Office of Highway Safety funds the Occupant Protection Program from a combination of State funds, local matching funds, and federal Section 402, Section 405. This funding is used to support OP-related law enforcement and media efforts (including both seat belt and child passenger safety campaigns), annual seat belt surveys, and outreach programs targeting adult occupant protection, child passenger safety and teens. The Kentucky Occupant Protection Task Force was established under the direction of Secretary Greg Thomas, Governor's representative on May 23, 2016 and convened June 23, 2016. It is expected that the task force shall review and/or address all existing Kentucky data, laws, regulation and programs. Provide guidance and direction on comprehensive strategies for preventing and reducing unbelted fatalities and serious injuries related to occupant protection. The task force will accept other tasks as assigned by the Governor related to highway safety and occupant protection. The Kentucky Occupant Protection Task Force (KYOPTF) has reviewed and will support the Kentucky SHSP s occupant protection plan and action plan. The KYOPTF will use this as guidance to further enhance the following programs: 6

Education Strategies Media Campaigns The focus of media efforts will be distributed to the TOP 40 counties as federal and state funds are available. The message conveyed to these regions and demographics will demonstrate the need to use occupant protection. KOHS will convey support on either side of national Mobilization messaging media times, as well as specific focus in observed seat belt count areas, Blue Lights Across the Bluegrass (KSP summer enforcement), Thanksgiving, Christmas and New Year's Eve. Campaign Kickoff Campaign kickoff media events for Click It Or Ticket shall be held in each of the Law Enforcement Liaison (LEL) regions. These media events seek the earned media contribution and attention through partnerships with KYTC Public Information Office (PIO), Kentucky State Police (KSP), local and municipal agencies, Safe Kids Kentucky, and others. These events should include the Director of KOHS, local law enforcement and saved by the belt survivors from the region or area, victims and/or offenders. These events should happen approximately one month prior to the crackdown. Earned media will be tracked by PIO s office and reported in the HSP annual report and FHWA annual report. Planned media will be tracked by market standards and reported by contract agency and verified by PIO reported in the NHTSA and FHWA annual reports. Sports Marketing KOHS will use data analysis to select sports markets with the greatest potential correction opportunity. Contractors will be selected using the established state policy; Contractors shall be selected to reach the target demographic groups that have over representation in fatality analysis reporting system (FARS) data. As funds are available the KOHS will engage marketing with University of Kentucky Sports, University of Louisville Athletics, Northern Kentucky Motor Speedway (NASCAR) and other markets that emerge or data suggests. As funds are available the KOHS will engage market with the Kentucky High School (Teen Driver messages) Sports Network and other 7yr to 17yr athletic programs to increase awareness and knowledge of occupant protection usage. Public Awareness Occupant Protection attitudinal survey will be conducted bi-annually by University of Kentucky Transportation Center. 7

The survey will be reported to KOHS and distributed to all highway safety partners and made available online for use and consumption. The results of this survey will be used to continue refining our messaging and ensuring it is reaching the audiences who need it most. Educate Law Enforcement Below 100 Below 100 is a LE specific education program that directly speaks with the LE officers on 5 tenets of officer safety. The principal tenet of this program is the importance of using a seat belt. More than half of LE fatalities are due to high speed crashes where the officers are not belted. The FIVE tenets Wear Your Belt It might sound simple to you, even unnecessary, but the truth is too many agencies don t mandate belt wear. And even among those that do, many officers ignore policy because the culture doesn t value it. The truth: Seat belts save lives. Wear Your Vest We know vests save lives. We know that bullets can fly when we least expect it. Add to that the fact that body armor can improve your likelihood of surviving a car accident or other traumatic event and you quickly see why you must wear it. Always. Period. Watch Your Speed Why do cops drive fast? Because they can, right? Well, driving faster than what conditions warrant is a sure way to get in trouble. Of course there are times when getting on scene quickly is critical. But these times are rare. Too often, officers are speeding just because they can. In the process, they are putting themselves and the public at perilous risk for no good reason. WIN What s Important Now? It s a simple question that can elicit profound results. It s a question that will lead to deliberate action, not reaction. If you are constantly prioritizing what s most important, you won t have time for the distractions that can get you in trouble, hurt or killed. Remember: Complacency Kills! Chief Jeff Chudwin perhaps said it best: Complacency is among the most dangerous and insidious threats we face because it lays us open to all others. Complacency is why 8

police officers think they can go without vest and seatbelts. It s why they think they can speed and allow themselves to be distracted. To quote Chief Chudwin again: Complacency will kill you. This program is delivered statewide and is free to all agencies through the KOHS s network of LELs and in cooperation with the Kentucky Chiefs of Police Association (KCPA). The activity of this program is reported annually by the KCPA annual report. Click It or Ticket Recognition Program CIOT campaign law enforcements program recognizing the top officer s efforts in each participating law enforcement agency; recognition of the top three agencies by division. Speaker s presentation reinforcing leadership, duty and highway safety. Based on previous year s seat belt and cps citations. Annually held in June. Lifesavers Traffic Safety Conference The KOHS will host an annual KYLC with a focus on occupant protection and impaired driving, with OP being the principal topic. This conference is an open registration and all are welcome to attend. The KOHS shall convene a committee across the 4E disciplines, data, and other partners to develop a 2 day track of instruction, education and leadership development. KYLC shall seek certification by the state's professional development authority for continuing education credits (CEC) for attendees. Topic areas that shall be covered but not limited to are as follows; Engineering Courses of certified hours for the KYTC engineers that work on safety related projects that are generated by the KYTC Traffic Operations group under the criteria prescribed by HSIP (FHWA). Enforcement Courses of certified training hours for all LE officers, leadership and adjudication that attend. Topics will include; Occupant protection enforcement issues, nighttime enforcement and emerging safety issues that involve enforcement. EMS 9

Courses that address the emergency medical services. Specifically, trauma care, data collection, and CRASH data collection. Education Courses of instruction that will improve application of programs, enforcement strategies, adjudication, and engineering applications. Topics that shall be covered Improving seat belt usage in rural areas Improving data collection Increasing seatbelt usage Child Safety Seats; technician and instructor certification classes. This conference should be held annually between mid-march and mid-april. Activity from the registrations, course feedback, and comments shall be compiled, tabled and distributed by the KOHS to the members of the GECHS, KOHS and all safety partners. Emergency Response Strategies CHAD Children Have an Identity program While conducting installations of CPS seats at certified sites. Promote and distribute the use of CHAD stickers. Placed on car seat with child user s pertinent information for the identification, contact information and any special medical needs. Ongoing program at all certified inspection and installation sites, or during certified mobile stations. Report activity by number of distributed CHAD stickers. Enforcement Strategies High Visibility Enforcement Click it or Ticket ; Conduct intense, highly publicized periods of increased seat belt enforcement, with traffic safety checkpoints, saturation patrols, and enforcement zones, utilizing the Click It or Ticket safety belt campaign message KOHS Law Enforcement Grantees Shall participate in the national Click it or Ticket enforcement mobilizations May and Dec; mini crackdowns as directed Report activity through the KOHS HVE reporting portal KOHS shall report statewide activity Mobilization, Crackdowns and Sustained Enforcement database portal Nighthawk night time statewide seat belt enforcement program with Kentucky State Police. Using KYOPS citation and CRASH data, establish a TOP 40 list of corridors for focused nighttime seatbelt enforcement 10

Corridors will be reviewed and prioritized for focused enforcement and media Plan enforcement periods based on the data on selected corridors. KSP to report activity to KOHS monthly via grant program monitor Rural Roadway Departure Recognized as the leading factor in all Kentucky CRASH reports. 66% of all vehicular crashes involve roadway departure on county, state or national secondary roads. In collaboration with Traffic Operations at KYTC, local agencies and media. The task force will; Utilize corridor enforcements to sustain occupant protection use in partnership with the HSIP and local agencies. Utilize CRASH data to identify TOP 40 corridors and assess funding to deliver increased messaging and/or enforcement. Bi-annually report on progress, activities and/or changes to the GECHS. Legislation, Statutes & Administrative Code and Policy Kentucky Laws Kentucky currently has two occupant restraint laws that include all occupants. The Primary Seat Belt Law was enacted in July 2006 and the improved Booster seat law was enacted in July 2015; increasing the standard to meet the NHTSA and surrounding states standards. Primary Seat Belt Law KRS 189.125(6) A person shall not operate a motor vehicle manufactured after 1981 on the public roadways of this state unless the driver and all passengers are wearing a properly adjusted and fastened seat belt, unless the passenger is a child who is secured as required in subsection (3) of this section. The provisions of this subsection shall not apply to: (a) A person who has in his possession at the time of the conduct in question a written statement from a physician or licensed chiropractor that he is unable, for medical or physical reasons, to wear a seat belt; or ( b) A letter carrier of the United States postal service while engaged in the performance of his duties Child Passenger Safety KRS 189.125(3) (a) Any driver of a motor vehicle, when transporting a child of forty (40) inches in height or less in a motor vehicle operated on the roadways, streets, and highways of this state, shall have the child properly secured in a child restraint system of a type meeting federal motor vehicle safety standards. (b) Any driver of a motor vehicle, when transporting a child under the age of seven (7) years who is between forty (40) inches and fifty (50) inches in height in a motor vehicle operated on the roadways, streets, and highways of this state, shall have the child properly secured in a child booster seat. 11

(4) As used in this section: (a) "Child restraint system" means any device manufactured to transport children in a motor vehicle which conforms to all applicable federal motor vehicle safety standards; and (b) "Child booster seat" means a child passenger restraint system that meets the standards set forth in 49 C.F.R. Part 571 that is designed to elevate a child to properly sit in a federally approved lap-and-shoulder belt system. (5) Failure to use a child passenger restraint system or a child booster seat shall not be considered as contributory negligence, nor shall such failure to use a passenger restraint system or booster seat be admissible as evidence in the trial of any civil action. Failure of any person to wear a seat belt shall not constitute negligence per se. Federal Motor Carrier Regulations; Use of seat belts 49 CFR 392.16 A commercial motor vehicle which has a seat belt assembly installed at the driver's seat shall not be driven unless the driver has properly restrained himself/herself with the seat belt assembly. Regulations Kentucky has established in regulation administrative guidance and penalties to increase the awareness and usage of seatbelts. Graduated Driver s License (GDL) Kentucky has adopted the three tiered GDL process. The licensing process entails a transition from learners permit, to limited provisional license, and full provisional license. It is mandatory that all occupants during these phases wear seat belts; along with other driving restrictions. Kentucky State Employees (Merit and Non-merit) Kentucky State Employee s and occupants of any state owned or leased vehicle shall follow the guidance of GAP 1104-2; All operators of and passengers in state vehicles shall comply with all federal regulations and Kentucky laws, including the Kentucky seat belt law (KRS 189.125). Legislation The KOHS will engage the TRSP assigned from the AOC to continuously to seek improvements to KRS 189.125 and sub-sections. The KOHS will advise the legislator and Cabinets of changes in federal regulations, codes, and administration that affect the effectiveness of the law and its abilities. 12

Data and Program Evaluation The KOHS, KYTC Traffic Operations Office and the Traffic Records Coordination Committee (TRCC) and the other partnerships in the Highway Safety community will conduct extensive problem identification process to develop and implement the most effective plan for distribution of federal funds. Problem identification is the primary function and vital to the success of our highway safety programs. It ensures that the initiatives implemented address the crash, fatality, and injury problems with in the Commonwealth of Kentucky and will be addressed in a compressive approach from engineer, education, enforcement and emergency services. The sources of data used in the identification process are: KYOPS enforcement data Fatality Analysis Reporting System (FARS) Administrative Office of the Courts (AOC); Adjudication and Court statistics Observed seat belt count Census data KYTC Vehicle regulations and license data Vehicle miles travel (VMT) State wide; Attitude Survey information Countermeasures and Strategies The KOHS and KYOPTF agree that the Commonwealth of Kentucky should access and analyze all reliable data sources for problem identification, program planning, new program development, evaluation of programs and media to effectively measure the progress and planning. The KYOPTF will work in collaboration to develop and implement a plan through coalitions, taskforces, committees and inter-agency cooperation to main and develop plans that will include, but not limited to; Engineering o Enhanced GIS and use of remapping tools to identify areas of high incidences of crashes, injuries and fatalities to more effectively target specific areas in the state for engineering enhancements, increased enforcement and educational activities in the community. o Support recommendations from the Highway Safety Improvement Program that decrease the potential number of serious injuries, injuries and fatalities through systemic improvements. o Develop policy and procedures that incorporate current standards and best practices of technologies that reduce the number or systemic issues. Enforcement o Utilize KYOPS data and AOC data to identify areas of the state to increase the level of enforcement activities, educational activities and distribution of media to 13

effectively reduce the number of serious injuries, injuries and fatalities in the top 40 counties of the state. o Support the recommendations and enforcement plan of the KOHS Highway Safety Plan submitted to NTHSA. o Support and participate in annual enforcement programs and mini blitz, to deliver high visibility enforcement to high risk communities in coordination with media. Education o Continued support of annual observational surveys of restraint usage statewide. o Expanded the CPS community and access to education, installation and materials. o Support recommendations from the Traffic Records Strategic plan o Support goals and strategies of the 5 year Strategic Highway Safety Plan. o Increased focus on Teen Driving through: Increase the number of school based activities, materials and resources for school ages K-10 learning. Increase the number of hands on based learning activities, materials and programs for school ages year 11 and 12. o Develop implementation for employer based programming that promotes seat belt use and other traffic safety initiatives to the corporate and local business communities state wide. o Develop implementation for multi lingual education materials and programs in communities with the highest risk. Emergency Services o Analyze and improve trauma data linkage to increase accuracy. o Analyze service reports to identify crash locations and points of origination of crash victims to support the development and identification of vulnerable communities statewide. o Continue to support and distribution of the YELLOW dot program through Mature Driving education on occupant protection programs for senior drivers. Budget and Planning Budget The Commonwealth of Kentucky will secure funding for projects the federal Department of Transportation s FAST act (sections 402, 403 when available, and 405) incentive funds, General funds from the Commonwealth of Kentucky. Planning The Secretary of the KYTC directed the KOHS to establish an occupant protection task force on May 23, 2016 and the taskforce convened June 24, 2016. The membership of the taskforce will approve the final version of the plan. 14

The occupant taskforce will meet quarterly to discuss issues noted in the area of occupant protection based their focus area. Formulate strategies or analysis and offer direction to all members of the highway safety community in collaboration to improve the area of concern. 15