Speeding-Related Fatalites Nationwide

Transcription

1 Speeding-Related Fatalities, Tribal Law & Order Codes, and Enforcement: Relationship Status - It s Complicated By Christine Myers Graduate Research Assistant EWU Tribal Planning Speeding can generally be defined in two ways. It can be exceeding posted limits or it can be considered driving too fast for conditions. Speeding violations are complicated and involve multiple related factors like public attitudes, personal behavior, vehicle performance, roadway characteristics, enforcement strategies, and zoning for speeds that are safe and reasonable for each road section or zone. Of these factors influencing speeding, the easiest for tribes to address are tribal member attitudes and behavior through educational campaigns and creating speed limit enforcement strategies within their jurisdictions. Speeding is the fourth most common factor contributing to American Indian traffic fatalities in Washington State. At the national level, speeding policy is targeted to provide guidance to state, local, and tribal governments in order to help them set speed limits which provide maximum efficiency, and rapid transportation of people and goods while strategizing the best way to eliminate any unnecessary risk of crashes due to unsafe speeds (Federal Highway Administration, 2014). Speeding-related fatalities have been declining overall for the general population (Figure 1). Figure 1. Trends in speeding-related fatalities nationwide for ,000 14,000 12,000 10,000 8,000 6,000 4,000 2,000 0 Speeding-Related Fatalites Nationwide Speeding-Related Linear (Speeding-Related) Source: USDOT National Highway Safety Administration, Traffic Safety Fact 2012 Data, Speeding, (DOT HS ) May

2 In Washington State, speeding is the third most common factor contributing to fatal and serious injury crashes and the third factor in Priority Level One for Target Zero. According to the data, speeding was connected with 40% of overall crash fatalities and 30% of the overall crashes resulting in serious injuries from 2009 to 2011 (Washington Traffic Safety Commission, 2013). Speeding is the fourth highest factor contributing to American Indian traffic fatalities in Washington where American Indians are 4.5 times as likely to die in speeding-related crashes as the rest of the State s population (Figure 2). Figure 2. The Five Highest American Indian Fatality Rate Factors (per 100,000 population), Washington State from American Indian Fatality Rates Washington State ( ) Impaired Driver Involved Speeding Unbelted Pedestrian Vehicle Occupants Source: Washington s Fatality Analysis Reporting System (FARS) data

3 American Indian speeding-related fatalities have been on the rise in recent years. Nationally, American Indian deaths in all speeding-related crashes rose 16% from 181 deaths to 210 deaths per year between 2008 and The trend for speeding-related traffic fatalities in the across the nation overall decreased between 2008 and 2012 by 13.2% in comparison. On reservations, American Indian speeding-related fatalities increased 49.2% from 61 deaths in 2008 to 91 deaths in Onreservation speeding-related deaths for both Indians and non-indians have continued to increase as well. There was a 17.7% increase in speeding-related fatalities with124 deaths in 2008 increasing to 146 deaths in 2012 (Figure 3). Figure 3. National speed-related fatality rates for all American Indians both on and off reservations, with all speeding fatalities (Indian and non-indian) on reservations across the United States from 2008 to Speeding-Related Fatalities On & Off Reservations ( ) 250 All Native American Fatalities All Fatalities on Reservations Native American Fatalities on Reservations Linear (Native American Fatalities on Reservations) Source: Native American Traffic Safety Facts: Fatality Analysis Reporting System (FARS)/State Motor Vehicle Crash Statistics (STSI) ; retrieved on 8/28/2015 from: 3

4 Defining Speeding-Related Fatalities So what defines a fatality as related to speeding in the crash data? According to the National Highway Traffic Safety Administration (NHTSA) crashes are speeding-related when a driver was charged with a speeding-related offense or the reporting officer indicated that racing, driving too fast for the conditions, or exceeding the posted speed limit was a contributing factor to the crash (NHTSA, 2012, p. 1). Typically, crashes are recorded by an investigating officer and when a crash involved a driver who was speeding based on verbal or physical evidence at the scene of the crash it is recorded to have been related to speeding (USDOT, 2012, p. vi). Speeding-Related Fatalities on Reservations Between 2008 and 2012, the Fatality Analysis Reporting System (FARS) data shows a total of 949 American Indian fatalities nation-wide, with 349 of those classified as speeding-related (Table 1). Table 1. American Indian Fatalities on Reservations across the United States, Fatalities on Reservations Total All American Indian Speeding-Related Source: Fatality Analysis Reporting System (FARS)/State Motor Vehicle Crash Statistics (STSI) Speeding-related crash fatalities accounted for more than 1/3 (36.8%) of the American Indian deaths on reservations in this time period (NHTSA, 2015). This trend has continued, with the number of speedingrelated fatalities on/off the reservations still on the rise (Figure 4). Figure 4. American Indian Fatalities on Reservations across the United States, American Indian Fatalities on Reservations ( ) All Native American Speeding-Related Linear (Speeding-Related ) Source: Fatality Analysis Reporting System (FARS)/State Motor Vehicle Crash Statistics (STSI)

5 Tribal Government Policies: Data Collection and Tribal Traffic Safety Law & Order Codes The data for American Indian fatalities on reservations may be under-reported, and more recent increases in fatalities in the data may be due in part to increased reporting efforts by tribal governments. There are good reasons that tribes are looking at ways to develop reliable crash datasets. Quality and accurate data assists tribal governments and their agencies to better identify problems, carry out strategic planning, set goals and evaluate alternatives, allocate scarce resources in the most effective way possible, and ultimately they are better able to measure the impact of implemented programs and countermeasures over time (USDOT, 2012, p. vi). One resource available to tribes is the Model Uniform Crash Criteria (MMUCC) Guidelines. It provides a dataset for describing crashes of motor vehicles in transport that will generate the information necessary to improve highway safety for tribal governments (USDOT, 2012, p. vi). The MMUCC guide offers five speeding-related attributes for investigating officers to use when recording an incident: exceeding the speed limit, racing, too fast for the conditions, no, or unknown. Collecting speeding-related crash data aids tribal governments in implementing and evaluating prevention programs and performing engineering assessments (USDOT, 2012, p. 40). How is crash data connected to tribal traffic safety law and order codes? Data collection for crashes on the reservation directly corresponds to the law and order code provisions for speeding and that data can be used to evaluate the effectiveness of tribal governmental policies and programs. 5

6 A Tribal Law and Order Code Analysis for Speeding-Related Crashes The National Highway Traffic Safety Administration (NHTSA) conducted a survey looking at the key provisions of state speeding laws in Summary of State Speed Laws 12 th Edition. The key provisions were used to generate a table for the tribal law and order codes analysis for six tribes in Washington State with the addition of three additional categories including a state provision (RCW ) that provides a way for tribes to change speeds on non-limited access state highways within tribal jurisdiction, codes for repeat traffic offenses, and a column for occupational license codes. The Washington State traffic safety codes for speed limits and speeding were used as the baseline reference to those sections of state code adopted into tribal law, as well as to better relate the outline of crash types in Target Zero. The two tribes adopted some sections of the Washington traffic codes for speeding into their tribal law and order codes by reference, while four of the tribal leaders developed and included their own code language. While these appear to be modeled off of the State codes, they have been customized to each tribe s situation. The primary finding in the analysis of these codes was that the tribal codes in this study used substantially similar language in comparison with the Washington state traffic safety codes. All the tribes in the study included provisions for speed regulation, but just one of them set forth speed limits exactly in the manner that Washington State codes. This may be due in part to jurisdictional conflicts concerning public highways through Washington Indian reservations and the State s legislative assertion of PL-280 jurisdiction over the operation of motor vehicles on all public roads. The assumption of jurisdiction in the legislative code (RCW 37.12) appears to be at conflict with State executive policy (Centennial Accord) recognizing tribal sovereignty and jurisdiction in a government to government relationship. Within this context, each tribe on a case by case basis has to contend with potential speed regulation issues with local and state government entities when it concerns roads that are open to public travel. 6

7 The complex maze of jurisdictions this situation creates is astounding. From the State s standpoint, all six tribes in the study are considered subject to assumed PL-280 jurisdiction for the operation of motor vehicles upon public streets, alleys, roads, and highways (Senate Bill Report SB 6147, Jan. 23, 2012). This can create uncertainties for state and public agencies, making implementing some of these countermeasures difficult for tribes to effectively initiate because of structural (legal) hindrances. Building Relationships for Enforcement as Behavioral Countermeasure to Speeding Issues One of the most fundamental speeding countermeasure strategies available to tribal governments is enforcement but in order to use it, they have to navigate a jurisdictional quagmire created by the checkerboard of land ownership, federal and state legislation, and case law at the state and federal level. The identity of the person suspected of speeding plays an important role in enforcement; as does the manner in which many reservation roads came into being, how and by whom they are currently maintained, and who claims police power over the road or the people traveling on them. All these factors are part of the complexity affecting the participation of tribal governments in decision-making and the police power regulation process. Implementing speeding-related countermeasures within the exterior boundaries of their reservations consequently involves intergovernmental relationships with numerous entities in a flow chart of differing scenarios. Needless to say, nation-wide research has shown that increased enforcement of speed limits is a proven countermeasure to reduce speeding and subsequent fatalities and serious injuries over time (NHTSA, 2012). One example of this is Washington s High Visibility Enforcement Campaigns (Washington Traffic Safety Commission, 2013). Tribes typically assert inherent jurisdiction over the territory within the exterior bounds of their reservation. For example, the Kalispel Nation s tribal council policy is that 40 means 40. This means that law enforcement has the backing to strongly enforce the speed limits on their reservation roads. At the State and federal levels, policies should be in place that acknowledge and support the rights of tribal governments to regulate and adjudicate traffic-related issues like speeding, especially where their traffic safety codes do not substantially vary with the provisions of state laws. 7

8 The federal Bureau of Justice Statistics (BJS) compiled a tribal jurisdiction report in Findings of that report showed that tribal law enforcement is often cross-deputized with neighboring tribal law enforcement agencies, the BIA, other federal law enforcement entities, local city police and/or sheriff offices, and/or state patrol. Tribal law enforcement may have authority to arrest Indians or non-indians either on or off reservations through these agreements. Since quite a bit of time has passed since the 2002 BJS report and the agreements are difficult to track down, that information is not included here, but a much anticipated updated BJS report is expected to be released sometime in Other Ideas Tribal Governments Could Explore to Address the Speeding Issue Washington State has an Automated Speed Enforcement law in place (RCW ). In the State, these cameras are typically installed in school zones and occasional railroad crossings (Washington Traffic Safety Commission, 2013). Some tribes may have this type of automated enforcement in place. None of the six tribes, including those who adopted the state codes by reference, included any provisions for Automated Speed Enforcement measures in their tribal traffic safety codes. Also, further research could be done on the maximum punishments, including fines and/or jail time (or both) included in tribal law and order codes. This could be done via evaluation of how effective they are by means of an analysis of the related data (number of tickets, arrests, court attendance, probation, license suspension, and repeat offenses, etc.). References: Federal Highway Administration. (2014, Oct. 15). The U.S. Department of Transportation's Policy and Implementation Strategy. Retrieved from Safety: NHTSA. (2012). Traffic Safety Facts: Speeding. Washington, DC: USDOT. NHTSA. (2015, Jan 01). Native American Traffic Safety Facts. Retrieved from National Highway Traffic Safety Administration: 30/ncsa/STSI/USA%20WEB%20REPORT.HTM USDOT. (2012). Model Minimun Uniform Crash Criteria (MMUCC). Washington, DC: USDOT. Retrieved from Washington Traffic Safety Commission. (2013). Target Zero. Olympia: Washington Traffic Safety Commission. 8