Information of interest to transportation employees

March 20, 1998

Transit service in Boston, Mass., costs taxpayers "more than necessary" because a state law protecting unionized public-sector workers restricts private contracting, according to a study recently released by a market-oriented research group.

Published by the Pioneer Institute for Public Policy Research, the study was issued after the Massachusetts state auditor blocked Gov. Paul Celluci's attempt to privatize Massachusetts Bay Transportation Authority (MBTA) services.

Celluci Administration officials now say the governor has dropped his plan to privatize some MBTA bus routes.

The Pioneer Institute study took issue with the Pacheco law, passed by the Massachusetts legislature in 1993 after an outcry by union members concerned about the threat of lay-offs.

Under the Pacheco law, private bids must be compared to costs when public workers are operating at their peak efficiency, the study said, instead of comparing them to "more realistic actual costs." States without a similar law often try to save money on some transit services by hiring private contractors, the study noted.

Former Massachusetts Gov. William Weld had also tried to privatize MBTA services, but ultimately was blocked by the Pacheco law.

The Pioneer Institute study said that in the three years before enactment of the Pacheco law, 36 contracts were given to private contractors for what had previously been state services. Since the law's enactment in 1993, only five such contracts have been awarded.

In 1996, MBTA took private bids to operate 40% of its bus service, and estimated the move would save $23 million over five years.

AGENCY NOT LIABLE FOR ATTACKS ON PASSENGERS

A Colorado appeals court has ruled that bus passengers can sue transit agencies for injuries caused by other passengers only if the bus was operated negligently.

Doing nothing to provoke the action, a Denver bus passenger was injured when he was attacked and beaten by other passengers. Subsequently, he sued the Regional Transportation District (RTD), claiming the agency was negligent in not providing sufficient security to prevent such attacks.

The RTD had argued it could not be held responsible for passengers' acts. It further argued that passengers could sue only if the bus operator had taken some action, or made some omission, that resulted in a passenger's injury.

A trial court dismissed the passenger's suit, and an appeals court affirmed the dismissal.

The transit agency can be liable only for injuries resulting from "operation" of the bus by an RTD employee, under Colorado's Governmental Immunities Act, which is similar to laws in other states.

The appeals court noted that an employee "other than the one operating the vehicle was negligent in failing to provide adequate security."

SEPTA RELEASES FIVE-YEAR PLAN TO BOLSTER FINANCIAL HEALTH

The Southeastern Pennsylvania Transportation Authority (SEPTA) recently announced a five-year business plan aimed at averting what officials describe as a potential financial crisis.

The Philadelphia-area transit agency said that due to declining ridership since 1992, it has been forced to use $250 million of its capital funds to finance operations.

The agency is saddled with a $150-million deficit, which transit officials blame partly on labor contracts.

EXPERTS URGE CHECKING TRANSIT OPERATORS FOR FATIGUE

Fatigue experts meeting in Washington, D.C., recently recommended that transit vehicle operators be regularly checked for fatigue to avoid catastrophes.

At a conference on the effects of fatigue in the transit industry, researchers presented findings on fatigue based on studies of sleep-deprived soldiers and long-distance truck drivers.

One study of truckers concluded:

-- Alertness and performance were related more consistently to time of day, rather than time on the job. Drowsiness was much more likely during hours of darkness than in daylight;

-- Drivers' self-assessment of alertness didn't correlate well with objective measures of alertness; and

-- Researchers found significant individual differences among drivers regarding alertness and performance.

The experts made note of a device that measures alertness by analyzing involuntary eye reflexes. Persons who are fatigued, drunk, or drugged generally have much slower reflexes. The test given by the device is self-administered and takes about 30 seconds.