THE URBAN TRANSPORTATION MONITOR

THE URBAN TRANSPORTATION MONITOR 2013 Law ley Pub li ca tions. All Rights Re served. VOL 27, NO 7 SEP TEM BER 20, 2013 Caltrans Reaches Set tle ment in Fa tal ity Along No to ri ous S-Curve at Bay Bridge Trucker Died while Nego ti at ing Bend on Bay Bridge Detour Caltrans has set tled a law suit involv ing a fatal ity along a detour that was built dur ing recon struc tion of the San Fran cisco-oak - land Bay Bridge. The state agency has agreed to pay approx i mately $700,000 to the fam ily of a trucker whose rig jumped a three-foot rail ing and plunged 200 feet. The Yerba Buena Island Detour, which became known as the S-Curve, was noto ri - ous in its open ing days for a rash of acci - dents. Caltrans says there was much pub lic ity over the 48 acci dents that occurred on the S-Curve in the first 60 days after open ing. How ever, it notes the fig ure reflects travel in both direc tions, and the major ity of those acci dents involved speed ing, unsafe lane changes or impaired drivers. In a more detailed anal y sis, Caltrans found that among driv ers head ing west, the only affected direc tion, there were seven col li sions, and it notes that approx i mately 7.8 mil lion vehi cles suc cess fully nego ti - ated the S-curve in the 62 days before the fatal acci dent in Novem ber of 2009. Caltrans says the S-curve was needed because con struc tion of the new Bay Bridge required using the exist ing tun nel through Yerba Buena Island while traf fic con tin ued to flow on the orig i nal bridge. The close phys i cal prox im ity at this loca - tion made it nec es sary to install a tem po - rary road way con fig u ra tion to pro vide clear ance for the new con struc tion and min i mize dis rup tion to the trav el ing pub lic until the bridge opened four years later. Before the S-curve was installed, the Please turn to Page 13 Inside Sur veys....page 14 Requests for Pro pos als....page 26 Confer ences...page 27 The temporary S-curve was serving the old Bay Bridge (on left). The S-curve is located on Yerba Buena Island - middle of photo. (Photo: Courtesy of the Caltrans/Bay Area Toll Authority/California Commission ) Tri-State Region Using AirSage Data for Trans por ta tion Demand Mod el ing Ori gin-des ti na tion Data Found to be Cost-Effec tive The Ohio-Ken tucky-indi ana (OKI) Regional Coun cil is team ing up with the AirSage pop u la tion ana lyt ics com pany to cre ate an updated travel model for the tri-state area. The Coun cil is seek ing infor - ma tion on cur rent travel pat terns and a fore cast of trans por ta tion needs for the next 30 years. The OKI region encom passes eight coun ties, and the coun cil hopes to uti lize the data that s being gath ered to refine the OKI travel demand model. Spe cif i cally, it is look ing to the data for trip dis tri bu tion val i da tion and air port model cal i bra tion, and as an exter nal station survey. Andrew Rohne, Trans por ta tion Mod el - ing Man ager and Pro ject Leader for OKI, says that when they have to use travel sur - veys that have been done the same way for the past 40 or 50 years, they're not always cer tain the data is right. He says, if we can tap into another source, like mobil ity data, then we agree that the results are more than likely accu rate. OKI says that when it comes to trip dis - tri bu tion cal i bra tion, if it was n t for AirSage, it would not have an inde pend ent Please turn to Page 13

THE URBAN TRANSPORTATION MONITOR, SEPTEMBER 20, 2013, VOL. 27, NO. 7 Page 2 Realtor Pro vid ing Homebuyers with Time-Spe cific In for ma tion on Com mute Time to Work New Search Op tion Of fered for Buy ers Try ing to Limit Their Com mute Time Lo ca tion has al ways been a key fac tor when it co mes to buy ing a home, and Windermere Real Es tate is now of fer ing po ten tial homebuyers a way to search for a new hous ing lo ca tion based on their com - mute time. INRIX Drive Time, avail able on the Windermere website, al lows buy ers to search for prop er ties based on their de sired drive time be tween work and home. Us ing the INRIX Traf fic In tel li gence Plat form, the search en gine can pro vide com mute times for spe cific times of day in 15-min - ute in cre ments from each home. It can also be used to find ex pected travel times to other key lo ca tions, such as schools or shopping. Those in the mar ket for a new home can go to the search com mand and en ter their work lo ca tion and the amount of time they want to spend on the road, in ad di tion to the num ber of bed rooms or baths they de sire. The search will re turn a list of homes that meet their re quire ments within the spec i - fied driv ing range. York Bauer, CEO of Windermere So lu - tions, which built the search ca pa bil ity, says the idea for the search fea ture came from a combination of research data and anecdotal ev i dence. Most peo ple in ur ban ar eas com - plain bit terly about com mut ing, and 73 per - cent of home buy ers rate com mute time as a crit i cal fac tor, ac cord ing to Bauer. He says INRIX Drive Time solves an ir ri ta tion and an swers a main stream need. In March, Windermere launched phase one of the sys tem by at tach ing a drive time cal cu la tor to ev ery home for sale on Windermere.com. The calculator allowed house hunt ers to see what their drive time would be from each lo ca tion. Last month, it be came pos si ble for cli ents to en ter their de sired travel time into their search com - mand, and Bauer says the sys tem has al - ready at tracted nearly 100,000 users. Gen er ally speak ing, Bauer says most peo ple tar get a half-hour for their com - mute, and there is a ma jor drop-off af ter an hour. He notes that the power of the sys tem is its capability of eliminating the emotional fac tor from drive time. In short, Bauer says peo ple suck at mea sur ing time. Two peo ple mak ing the same com - mute may have com pletely dif fer ent per - cep tions of the time it took to com plete, and INRIX Drive Time al lows them to fil - ter through this myth of commuting. The drive time search is avail able within the ten states where Windermere has offices: Alaska, Arizona, California, Ha waii, Idaho, Montana, Ne vada, Or e - gon, Utah and Wash ing ton. Kevin Fore man, INRIX Gen eral Man - ager, GeoAnalystics, says that as traf fic gets worse, an ac cept able drive time to work is mov ing up the list of must-haves for a new home. INRIX Drive Time gives buy ers a way to get ac cu rate drive time in for ma tion sourced from ac tual drivers. For more in for ma tion, con tact: Shel ley Rossi at Shelley.rossi@windermere.com or Jim Bak at jimb@inrix.com or visit http://www.windermere.com/ and http://www.inrix.com/. Driv ing dis tance in for ma tion pro vided for homebuyers. (Photo: Cour tesy of INRIX and Windemere Real Es tate) The Urban Trans por ta tion Mon i tor, ISSN 10404880, is pub lished monthly, except dur ing Jan u ary and August (10 issues per year), by Law - ley Pub li ca tions, 6813 Jer e miah Ct., Fairfax Sta - tion, VA 22039, Tel: (703)764-0512, Fax: (703)764-0516, e-mail: edi tors@lawleypub lications.com. Sub scrip tions $295 per year. Peri - od i cals post age paid at Fairfax, VA. POSTMASTER: Please send address changes to The Urban Trans por ta tion Mon i tor, P.O. Box 12300, Burke, VA 22009-2300. The Urban Trans por ta tion Mon i tor pub lishes cur rent news on all modes and aspects related to urban trans por ta tion. Law ley Pub li ca tions is an inde pend ent and pri vately owned orga ni za tion. Copy right 2013, Law ley Pub li ca tions. All Rights Reserved. Repro duc tion, includ ing pho - to copy ing and fac sim ile or elec tronic trans mis - sion, in whole or in part with out writ ten per mis sion from the Edi tor is expressly pro hib ited. Law ley Pub li ca tions assumes no respon si bil ity or lia bil ity of any kind for the accu racy or com - plete ness of the infor ma tion herein, or for addi - tional or changed infor ma tion sub se quent to the date the mate rial was received and/or pub lished. Publisher/Editor: Dan iel B. Rathbone, Ph.D., P.E. Man ag ing Edi tor: Clarissa Reeves, M.Ed. Senior Edi tor/writer: Carol Ochs

THE URBAN TRANSPORTATION MONITOR, SEPTEMBER 20, 2013, VOL. 27 NO. 7 Page 3 Bay Area Launches Multi-City Bike Share Pro gram Emphasis Placed on Connecting Public Stations to Passengers' Final Destinations The San Fran cisco Bay Area re gion has launched a 24/7 bi cy cling shar ing pro gram within the cit ies of San Fran cisco, Red - wood City, Palo Alto, Moun tain View and San Jose. Bay Area Bike Share kicked off late last month with 700 bi cy cles at 70 sta tions within the five-city area. Plans call for an ad di tional 300 bikes and 30 ki osks to be added early next year. The pi lot pro gram is the work of the Bay Area Air Qual ity Man - agement District, the Metropolitan Trans - por ta tion Com mis sion and its project partners. The pro gram was ini ti ated in 2010 by the Air Dis trict, which con trib uted $2.8 mil lion to launch the pro ject. The to tal cost for the full pi lot pro gram is $11.2 mil lion, with $7.1 com ing from the Con ges tion Mit i ga tion and Air Qual ity pro gram, $2.8 mil lion from the Trans por ta tion Fund for Clean Air and an other $1.3 mil lion in other lo cal funds. Alta Bi cy cle Share will op er - ate the pro gram, and op er at ing costs are ex pected to be cov ered by user fees, sponsorships and partnerships. Bay Area Bike Share says it s de - signed for quick, short trips to get us ers from point A to B. Bi cy clists who want to use the bikes must pur chase a mem ber ship. There are three op tions: $88 for an an nual pass, $22 for a three-day pass and $9 for a daily pass. Rid ers can take un lim ited trips dur ing their mem ber ship pe riod, but each trip is lim ited to 30 min utes. Those who keep the bike be yond that time are as sessed A Bay Area Bike Share bike. (Photo: Cour tesy of Bay Area Bike Share) One of the 70 bike share sta tions in the newly opened Bay Area bike share pro gram. (Photo: Cour tesy of Bay Area Bike Share) ad di tional fees: $4 for trips of 31-60 min - utes or $7 for each ad di tional 30 min utes be yond that time, up to $150 per day. If the bike is not re turned at all, mem bers will be hit with a $1,200 lost bicycle fee. Those with an nual mem ber ships re - ceive an RFID key that can be used to un - lock bi cy cles from any sta tion within the net work. Short-term mem bers re ceive one-time-only ride codes that are is sued when they swipe their credit or debit cards at a ki osk. The shorter mem ber ship plans can be pur chased on line or at any bike share ki osk. An nual mem ber ships are be ing sold at the Bike Share website: www.bayareabikeshare.com. Jack Broadbent, ex ec u tive of fi cer of the Air Dis trict, says the sys tem brings it all to gether by mak ing con nect ing from pub - lic trans por ta tion to the work place or other des ti na tions sim ple, con ve nient and fun. San Fran cisco Mayor Edwin M. Lee calls the pro gram the first step in our city s ef - forts to build a world-class bike share sys - tem for San Francisco. When se lect ing sites for the bi cy cle sta - tions, plan ners put the pri or ity on com ple - ment ing re gional trans por ta tion sta tions, used by Caltrain, BART, and fer ries. Other fac tors taken into con sid er ation in - clude job and re tail den sity, tran sit con - nec tions, prox im ity to bike ways, to pog ra - phy and gen eral sup port of sta tion neigh - bors. The CycleFinder app, which is down load able for An droid and ios, pro - vides real-time sta tion in for ma tion to let mem bers know where to find a nearby station and how many bikes are available. Bay Area Bike Share em ploy ees will cir cu late through out the sys tem to re dis - trib ute bikes as nec es sary. If a mem ber try ing to re turn a bike finds that a sta tion is full, the sta tion ki osk will di rect them to an other nearby sta tion and give them 15 min utes of free time to return the bike. Trans por ta tion is blamed for more than 50 per cent of over all air pol lu tion in the Bay Area, and San Jose Mayor Chuck Reed says the bike share pro gram has the po ten tial to get more cars off the road, re - duce traf fic con ges tion and pro mote a health ier and more vi brant community. For more in for ma tion, visit: http://bayareabikeshare.com/

THE URBAN TRANSPORTATION MONITOR, SEPTEMBER 20, 2013, VOL. 27 NO. 7 Page 4 Free Tool Be ing Of fered to Aid in Multimodal Ben e fit-cost Anal y sis TREDIS Launches Web-based Soft ware for Trans por ta tion Plan ning Across Mul ti ple Modes Boston-based TREDIS Soft ware Group says ev ery one wins if more peo ple are in - tro duced to, and adopt, eco nomic anal y sis and multimodal plan ning meth ods. So, it is now of fer ing a free, multimodal ben e - fit-cost anal y sis tool via the Web for trans - por ta tion plan ning. The Multimodal Benefit-Cost Analysis (MBCA) tool is be ing pro vided as a pub lic ser vice to fill what the com pany sees as the cur rent gap in tools that ex am ine ben e fits and costs across all modes of trans por ta - tion. TREDIS-MBCA al lows us ers to spec - ify trans por ta tion modes and pur poses, en - ter pro ject costs, fi nanc ing and tim ing in - for ma tion, and de scribe the im pact on peo - ple, ve hi cles and freight move ments. The sys tem then gen er ates free re ports that show the im pact on ben e fits, costs, rev e - nues and ex pen di tures for house holds, busi nesses and pub lic agen cies. It ad - dresses re quire ments of many fed eral and state grant pro grams and is trans par ent, al - low ing us ers to trace how the results are calculated. TREDIS notes that there are other ex cel - lent benefit-cost anal - y sis tools avail able, such as the U.S De - part ment of Trans - por ta tion s BCA.net and HERS for high - ways, and Cal i for - nia s spread sheet tool for state wide high - way and tran sit plan - ning. What sets TREDIS-MBCA apart is that it cov ers all forms of avi a tion, ma rine, rail and road trans por ta tion modes, as well as non-mo tor - ized trans por ta tion, such as walk ing and bi cy cling. TREDIS finds there are im por - tant dif fer ences Please turn to Page 5 An example of multimodal benefit cost analysis output (top image) and the TREDIS "Analysis Type Screen" (bottom image). (Photo: Cour tesy of TREDIS)

THE URBAN TRANSPORTATION MONITOR, SEPTEMBER 20, 2013, VOL. 27 NO. 7 Page 5 FHWA Reports California has Nation s Busiest High ways, Trailed by Texas and Florida Aim of New Re port is to Help in Un der stand ing of In ter state Sys tem and its Needs, Tar get Con ges tion. For years, the Fed eral High way Ad min is - tra tion has been col lect ing data on the miles trav eled along the in ter state high way sys tem, but for the first time, it has com - piled that yearly data into a sin gle pub li ca - tion for use at all lev els of gov ern ment. U.S. Secretary Anthony Foxx says, Better in for ma tion means cit ies and states can more ef fi ciently tar get con - ges tion and help peo ple get home from work faster. He notes that the DOT has im - proved more than 331,000 miles of roads with fed eral funds in the last four years, and he hopes the new re port will help stretch our dol lars fur ther and make a big ger dif - fer ence for even more peo ple. The In ter state Brief con tains a wealth of traf fic data from 2011, the most re cent year avail able, and there are plans to con tinue up dat ing the re port for re lease each year. In 2011, Cal i for nia high ways were by far the na tion s busi est with driv ers log ging more than 84.7 billion miles. Texas came in sec ond with peo ple driv - ing more than 55.7 bil lion miles on its in - ter states, Florida was third at 34.7 bil lion miles, and Ohio fin ished fourth at 31.4 bil - lion miles. Il li nois was close be hind at 31 bil lion miles. Geor gia, Vir ginia, Penn syl - va nia, North Carolina and Mich i gan rounded out the top ten. Over all, ve hi cles trav eled 2.95 tril lion miles on the na tion s high ways in 2011 with 24% tak ing place on the in ter state sys tem. That was the eighth-high est level ever re corded and nearly dou ble the miles logged in 1980. On a state-by-state ba sis, the re port breaks down the high way in for ma tion into ur ban and ru ral sec tions of each in ter state. The data cover length, lane miles, an nual ve hi cle miles trav eled, mean an nual av er - age daily traffic, maximum annual average daily traf fic and mean pavement roughness. The Dis trict of Co lum bia, with just 13 to tal miles of in ter state high way, re ported only 425 mil lion ve hi cle miles trav eled in 2011. Among the states, Del a ware came in last with 1.3 bil lion miles trav eled along its three in ter states of 41 miles. Alaska, with 1,084 miles of in ter state, re ported 1.5 bil - lion an nual ve hi cle miles traveled. Federal Highway Administrator Victor Mendez says the data should help im prove the un der stand ing and needs of the na tion s high way sys tem. By an a lyz ing the na tion s traf fic pat terns and ar eas of chang ing traf fic vol ume, Mendez hopes the re port will lead to safer, less con gested roads and greater mo bil ity for all Americans. The data in the re port were sub mit ted to the FHWA s Of fice of High way Pol icy In - for ma tion in 2011 by each state and were sub mit ted through, and are main tained in, an FHWA data sys tem known as the High - way Per for mance Mon i tor ing Sys tem Con tin ued from Page 4 Free Tool Be ing Of fered to Aid in Multimodal Ben e fit-cost Anal y sis among the modes when it co mes to no men - cla ture; value of time; treat ment of driver, pas sen ger and freight loads; in duced de - mand; and trip bal anc ing when mode switch ing oc curs. It says MBCA ad dress all of those is sues. The tool is de signed for sketch plan - ning in the early stage as sess ment of pro - ject al ter na tives. It s broad in cov er age but not deep in its re quire ments. It also is de - signed to be con sis tent with USDOT guide - lines and is set up with stan dard U.S. and Ca na dian val ues for user benefit. While the tool can be used for sin - gle-mode pro jects, TREDIS says it par tic - u larly shines when used for two types of pro jects that are in creas ingly be ing faced by DOTs and MPOs. For in stance, a set of air port ter mi nal and ac cess road im prove - ments, a set of tran sit and high way ca pac ity en hance ments along a sin gle con gested cor ri dor, or a set of road-rail cross ing in fra - struc ture en hance ments to im prove safety and reliability for both modes. There are a num ber of rea sons TREDIS de cided to of fer the soft ware for free. Glen Weisbrod, Di rec tor of TREDIS, says he was most re cently in spired by ZipCar founder Robin Chase who spoke at the 2013 In ter na tional Trans port Fo rum in (HPMS). States are re quired to sub mit the HPMS data an nu ally and in clude at trib - utes such as ex tent, func tion, own er ship, us age and high way con di tion. The FHWA uses the in for ma tion in a va ri ety of ways, such as an a lyz ing the con di tion and per - for mance of the na tion s roads, fore cast - ing fu ture sys tem re quire ments, and analyzing investment strategies. For more in for ma tion, con tact: Doug Hecox at doug.hecox@dot.gov or visit http://www.fhwa.dot.gov/interstateb_hlt 365377130_Hlt365377131rBM_1_BM_ 2_ief2011/. Ger many about us ing ex cess server ca - pac ity as an in put for in no va tion and social good. In ad di tion, fed eral grant pro grams such as TI GER in cluded ex plicit ben e - fit-cost anal y sis re quire ments for multimodal pro ject pro pos als and in - creased in ter est in TREDIS for short-term anal y sis pe ri ods. While many of TREDIS s larger cli ents have used the TREDIS Eco nomic Suite to gather BCA re sults, smaller agen cies may not have the bud get to gain ac cess to the BCA mod ule in that suite. TREDIS sees the free tool as an ex ten sion of pro mo tional rates it has of fered in the past when grant ap pli ca tion pe ri ods were open. Fi nally, changes in the TREDIS web in ter face in re cent years made it pos si ble to of fer the BCA calculation tool as a separate service. TREDIS notes the tool of fers anal y sis only of first-or der im pacts of trans por - ta tion sys tem changes, but it does not re - flect wider eco nomic im pacts or eco - nomic feasibility considerations. MBCA is just one of five eco nomic anal y sis tools of fered in the full TREDIS Economics Suite. For more in for ma tion, visit: http://tredis.com/mbca.

THE URBAN TRANSPORTATION MONITOR, SEPTEMBER 20, 2013, VOL. 27 NO. 7 Page 6 City of Mad i son Aim ing to Be the Top Bi cy cle City A Num ber of In no va tive Mea sures Im ple mented Mad i son, Wis con sin knows what it wants when it co mes to bi cy cling. The state cap i - tal s goal is sim ply to be come the best city in the coun try for bi cy cling. On their way to that goal, city lead ers are seek ing a plat i num des ig na tion from the League of Amer i can Bi cy clists that has so far been awarded to only four cit ies: Fort Col lins, Col o rado; Boul der, Col o - rado; Da vis, Cal i for nia; and Port land, Or e - gon. As it pur sues that des ig na tion, Mad i - son has im ple mented a num ber of in no va - tive ap proaches to bi cy cling it hopes will move the city up the list from its cur rent gold sta tus an honor shared with 17 other communities. Ar thur Ross, the city s pe des trian and bi cy cle co or di na tor, says Mad i son has al - ways been in no va tive when it co mes to bi - cy cling. In fact, he notes that the city prob - a bly has the old est ex ist ing cy cle track on a one-mile stretch along Uni ver sity Av e nue on the Uni ver sity of Wis con sin cam pus. To day, the city boasts 46 miles of paved, off-street paths and 112 miles of on-street bi cy cle lanes. Ross says it s pol icy that when ever a street is be ing re con structed or re marked, we re go ing to be look ing at it to see what kinds of im prove ments we can make for bi cy clists. Plan ners look at whether there is there room for bike lanes or whether ex ist ing bike lanes are wide enough. We re constantly trying to have the best we can. In 2008, the Mayor s Plat i num Bi cy - cling Com mit tee Re port put forth a vi sion of mak ing bi cy cling an in te gral part of daily life in Mad i son, thereby mak ing Mad i son a model for health pro mo tion, en - vironmental sustainability, and quality of life. Cen sus data puts bi cy cle ridership in Mad i son at around six per cent, which is well above the na tional av er age but be low the av er age plat i num rate of 12 per cent. The city is happy to use ex ist ing bi cy cle lane ideas or come up with its own de sign ideas to en cour age more bi cy clists. For in - stance, Mad i son has bor rowed the idea of float ing bike lanes from San Fran cisco and Lexington, Ken tucky. Ross says the con - cept has been ap plied to a sec tion of street where park ing along the curb lane is al - lowed most of the day but banned dur ing peak hours. The bike lane floats as traf fic al lows, mov ing from the curb lane dur ing peak hours to a lane along the parked cars the rest of the day. The end re sult is a wider than usual buf fered bike lane that is more com fort able for the bi cy clist. These float - ing lanes are des ig nated by pave ment mark ings as well as signs on the road way and over head vari able mes sage signs. Ross says the city came up with a unique di ag o nal bike lane in an area along an aban doned rail cor ri dor where trains at one time made a di ag o nal cross ing of the street. The in ter sec tion did not al low much room for both bi cy clists and pe des tri ans to make two sep a rate cross ings. So, af ter look ing at a va ri ety of op tions, it was de - cided that bi cy clists alone would be given a sig nal phase to make a di ag o nal cross ing. Time did not al low for pe des tri ans to make the cross ing, too. The de sign is work ing well, ac cord ing to Ross, and it was well re - ceived af ter ef forts were made to pro vide lots of ed u ca tion and of fer help to those us - ing the in ter sec tion. He notes that con flicts be tween pe des tri ans and bi cy clists vying for space have been re duced. Ross em pha sizes that Mad i son is not just grab bing dif fer ent tech niques and try - ing to find a place to use them. In stead, city plan ners are look ing at lo ca tions, scratch - ing their heads and ask ing, How do we make this better? A so lu tion that works in one spot may be to tally in ap pro pri ate for an other. Bi cy cle tracks are once again among the op tions be ing con sid ered in Mad i son. Ross says the idea was tried in many cit ies in the 1960 s and 1970 s but failed be cause of poor de sign. To day s tracks im prove on the old mod els and better take into ac count is sues such as park ing and in ter sec tions. One area in which Mad i son is ex per i - ment ing is in sig nal tim ing and de tec tion. It is cur rently em ploy ing a hy brid bi cy cle and pe des trian bea con that Ross be lieves has only been used in Port land. Where these bea cons are pres ent, there are sep a - rate but tons for pe des tri ans and bi cy clists to push to better accommodate their needs and keep traf fic flow ing. In ad di tion to lane mark ings and traf fic sig nals, Ross says a key com po nent of im - prov ing the bi cy cling ex pe ri ence is to pro - vide better ed u ca tion to ev ery one who uses the streets. Peo ple need to be made aware of the va ri ety of trans por ta tion op tions they have and learn to play nice with each other, what ever mode they choose. For those choos ing a bi cy cle, Ross says that if they set a good ex am ple through cour te ous Please turn to Page 7 The configuration of the floating bike lane during off-peak and peak traffic conditions. (Photo: Cour tesy of Arthur Ross, City of Madison)

THE URBAN TRANSPORTATION MONITOR, SEPTEMBER 20, 2013, VOL. 27 NO. 7 Page 7 APTA and Ar rivalstar Reach Agree ment in Al leged Patent Trolling Cases Ar rival Star Will Cease Mak ing Pat ent In fringe ment Claims The Amer i can Pub lic Trans por ta tion As - so ci a tion (APTA) is pleased with a set tle - ment it has reached with ArrivalStar. APTA Pres i dent and CEO Mi chael Melaniphy says Ar rival Star has agreed to stop mak ing pat ent in fringe ment claims against APTA s pub lic trans por ta tion agency mem bers or any ven dors pro vid ing goods and ser vices to APTA agency mem - bers. ArrivalStar has been ac cused in the past of pat ent troll ing by fil ing suits against pub lic tran sit agen cies over pat ents re lated to ar rival and sta tus messaging sys tems. APTA claimed the pat ents were in valid and un en force able. In ad di tion, APTA claimed in its law suit that the 11 th amend - ment pro hib its state and re gional en ti ties from be ing subject to such suits. James LaRusch, APTA Chief Coun sel and Vice President Corporate Affairs, says APTA brought suit against ArrivalStar in an ef fort to pro tect the pub lic trans por ta - tion in dus try. He says the com pany had filed about a dozen law suits against tran sit agen cies seek ing hun dreds of thou sands of dol lars, but those suits re flected only part of the prob lem. Ac cord ing to LaRusch, many more agen cies were con tacted or set - tled with ArrivalStar prior to the law suit, and in most cases the set tle ments were lim - ited by se crecy agree ments. So, the full im - pact of ArrivalStar s actions is not known. The set tle ment was reached in ne go ti a - tions be tween out side coun sel at the Pub lic Pat ent Foun da tion and ArrivalStar at tor - neys. LaRusch says APTA was seek ing in - junc tive re lief in the law suit, and he would not dis cuss whether any com pen sa tion was in cluded in the set tle ment. He does add that APTA is par tic u larly pleased the set - tle ment not only cov ers APTA s pub lic members but also their vendors. The Ur ban Trans por ta tion Mon i tor re - ported pre vi ously that the Elec tronic Fron - tier Foun da tion (EFF) was gath er ing in for - ma tion in an ef fort to chal lenge the pat ent that was at the heart of the case. The pat ent was orig i nally filed by Mar tin Kelly Jones and de scribes a sys tem in which, An ad - vance no ti fi ca tion sys tem and method no - ti fies pas sen gers of the im pend ing ar rival of a trans por ta tion ve hi cle, for ex am ple, a school bus at a par tic u lar ve hi cle stop. The Con tin ued from Page 6 Mad i son Aim ing to Be Top Bi cy cle City be hav ior, it im proves ev ery one s attitude toward bicyclists. For more in for ma tion, con tact Ar thur Ross at aross@cityofmadison.com or Please turn to Page 8 visit: http://www.cityofmadison.com/bikemad ison/ and http://www.bikeleague.org/. The floating bike lane during off-peak hours with curb signing (top photo); during peak hours with variable message signing (middle and bottom photos). (Photos: Cour tesy of Arthur Ross, City of Madison)

THE URBAN TRANSPORTATION MONITOR, SEPTEMBER 20, 2013, VOL. 27 NO. 7 Page 8 Leg is la tion for Gov ern ing Au ton o mous Ve hi cles Adopted in Some States, Fails in Oth ers NHTSA Weighs in With State ment Three states and the Dis trict of Co lum bia have al ready em braced a fu ture of driverless cars and have laws on the books to gov ern the use of au ton o mous ve hi cles on their road ways. Sim i lar bills popped up in nine other states this year and are mak - ing their way through the leg is la tive pro - cess, but driverless car leg is la tion has been in tro duced and failed in six other states. As more and more states take on the is - sue, fed eral reg u la tors sug gest it may be time to put the brakes on the leg is la tion and pro ceed very cau tiously. In May, the Na - tional Highway Traffic Safety Administra - tion (NHTSA) re leased a Pre lim i nary State ment of Pol icy Con cern ing Au to - mated Ve hi cles to help states im ple ment this tech nol ogy safely so that its full benefits can be realized. NHTSA it self has been con duct ing re - search on ve hi cle au to ma tion for years at lev els such as au to matic brak ing. The pol - icy state ment says it has be gun or is plan - ning re search at higher lev els of au to ma - tion, but it does not say how far into the fu - ture it will be be fore it is ready to is sue fed - eral reg u la tions gov ern ing driverless ve hi - cles. For now, NHTSA says states are well suited to ad dress is sues such as li cens ing, driver train ing and con di tions for op er a - tions related to specific types of vehicles. How ever, NHTSA says it has con sid - er able con cerns over states draw ing up de tailed reg u la tion on safety of self-driv - ing ve hi cles and does not rec om mend at this time that states per mit op er a tion of self-driv ing ve hi cles for pur poses other than test ing. It says reg u la tion of the tech - ni cal per for mance of driverless cars is pre ma ture at this time. It cau tions that pre ma ture reg u la tion could ham per the evo lu tion of in creas ingly better vehicle safety technologies. For those states that do want to move for ward and al low test ing of au ton o mous vehicles, NHTSA recommends that any reg u la tions should: En sure that on-road test ing of self-driv - ing ve hi cles min i mizes risks to other road us ers. Limit test ing op er a tions to road way, traf fic and en vi ron men tal con di tions suitable for the capabilities of tested self-driv ing ve hi cles. Es tab lish re port ing re quire ments to mon i tor the per for mance of self-driv ing tech nol ogy dur ing test ing. Un til NHTSA es tab lishes ve hi cle safety stan dards, it out lines some ba sic prin ci ples for states to con sider when gov - ern ing self-driv ing test vehicles: En sure that the pro cess for transitioning from self-driv ing mode to driver con trol is safe, sim ple and timely. Self-driv ing test ve hi cles should have the ca pa bil ity of de tect ing, re cord ing and in form ing the driver that the sys tem of au to mated tech nol o gies has mal func - tioned. En sure that the in stal la tion and op er a - tion of any self-driv ing ve hi cle tech nol - o gies does not dis able any fed er ally re - quired safety fea tures or sys tems. En sure that self-driv ing test ve hi cles re - cord in for ma tion about the sta tus of the au to mated con trol tech nol o gies in the event of a crash or loss of ve hi cle con - trol. NHTSA notes that the Mo tor Ve hi cle Safety Act pro vides that if and when a fed - eral mo tor ve hi cle safety reg u la tion goes Con tin ued from Page 7 APTA Reach Agree ment in Pat ent Troll ing sys tem gen er ally in cludes an on-board ve - hi cle con trol unit for each ve hi cle and a base sta tion con trol unit for mak ing tele - phone calls to pas sen gers with tran sit in - for ma tion. Melvino Tech nol o gies Lim - ited, reg is tered in the Brit ish Vir gin Is - lands, owns the Jones pat ents. ArrivalStar, reg is tered in Lux em bourg, has ex clu sive rights to li cense them. EFF main tained that the pat ent lan - guage was ex ces sively broad and that the sys tems de scribed in the Jones pat ent were ei ther in use or would have been ob vi ous based on the ex ist ing tech nol ogy of the time. ArrivalStar s at tor ney had ex - pressed con fi dence in the va lid ity of the patents. Ac cord ing to the EFF, ArrivalStar had into ef fect, a state or lo cal gov ern ment may pre scribe or en force a stan dard ap - pli ca ble to the same as pect of the mo tor ve - hi cle only if the stan dard is iden ti cal to the fed eral mo tor vehicle safety standard. Driverless cars hold prom ise in the ar - eas of safety, fuel econ omy and ac ces si bil - ity, how ever, there are some con cerns: The first in volves the com puter sys tem run ning the ve hi cle. Could the ve hi cles be vul ner a ble to a com puter vi rus or the pos si - bil ity of being hacked? The second major issue is liability. In the event some thing does go wrong with a driverless car, who s to blame? Should the fault rest with the driver in the ve hi cle or the man u fac turer of the ve hi cle it self? Putt ing the blame on man u fac tur ers could make the cars less ap peal ing to man u fac - ture. Putt ing the blame on driv ers could make the cars less ap peal ing to drive. In a sim i lar vein, who gets the ticket if a po lice officer sees a violation? Oth ers have raised con cerns about judg ment is sues with the cars. Will the cars be able to suc cess fully deal with poor Please turn to Page 9 tar geted nu mer ous agen cies with its law - suits in clud ing the Mas sa chu setts Bay Trans por ta tion Au thor ity, the New York Met ro pol i tan Trans port Au thor ity, Chi - cago s Metra, the Port Au thor ity of New York and New Jer sey, Se at tle s King County Metro Tran sit and tran sit agen cies in Cleveland, Monterey, California and Port land Or e gon. The cases sparked al le - ga tions of pat ent troll ing by ArrivalStar be cause the suits were filed over pat ents on which it is not actually building a product or competing. For more in for ma tion, con tact: Vir ginia Miller at vmiller@apta.com or visit http://www.apta.com/mediacenter/pressre leases/2013/pages/130821_patent.aspx.

THE URBAN TRANSPORTATION MONITOR, SEPTEMBER 20, 2013, VOL. 27 NO. 7 Page 9 Wran gling Con tin ues in Al leged Fraud Case Against Tolling Giant Macquarie Syncora Wants Out of Deal it Claims was Based on Bad In for ma tion about Amer i can Roads LLC Observed Traf fic Volumes and Rev e nue Much Lower Than Es ti mated A fraud case in volv ing fi nan cial guar an tee in sur ance com pany Syncora Guar an tee and Aus tra lian toll ing gi ant Macquarie con tin ues to work its way through the New York court sys tem as both sides filed let - ters and af fi da vits last month in the wake of a sum mer time rul ing in the case. In July, New York Su preme Court Jus - tice Melvin L. Schweitzer re jected Macquarie s mo tion to dis miss the case brought by Syncora. Syncora is ac cus ing Macquarie of fraud, aid ing and abet ting fraud and neg li gent rep re sen ta tion in con - nec tion with an ap prox i mately $500 mil - lion bond and in ter est rate swap financing deal. Ac cord ing to court doc u ments, in 2005, Macquarie, an ad vi sory ser vices arm of the Macquarie Group, ap proached Syncora as Macquarie Bank was in ad vanced ne go ti a - tions to cre ate a new en tity now known as American Roads, LLC. American Roads would ac quire and op er ate five toll road fa - cil i ties in North Amer ica and re fi nance them on a con sol i dated ba sis. Macquarie pro moted its ex per tise as a spon sor for pub lic in fra struc ture and trans por ta tion pro jects, such as Amer i can Roads. It planned to is sue ap prox i mately $500 mil - lion in se nior se cured bonds which were to be hedged through cor re spond ing in ter est rate swaps, which it wanted Syncora to insure. One fea ture of the pro posed debt struc - ture was the use of an accreting swap, which works sim i lar to a subprime mort - gage. Pay ments due on the in ter est rate swap start out low and in crease over time, thus back-load ing much of the debt used to ac quire the toll fa cil i ties. Macquarie needed the in sur ance from Syncora to get an AAA rat ing for the bonds so that they could be suc cess fully mar keted and sold. Ac cord ing to the court doc u ments, Macquarie re peat edly as sured Syncora that the rev e nues from the five toll road as - sets would be more than suf fi cient to comfortably service the debt. To back its case, Macquarie pro vided Syncora with sev eral traf fic and rev e nue fore casts from Maunsell Aus tra lia Pty. Ltd., which was por trayed as a neu tral traf - fic ad vi sor. Macquarie touted Maunsell s track re cord of fore cast ing ac cu racy. Those fore casts showed the toll roads would ex pe ri ence high vol umes of traf fic growth that would re sult in an in creas ing stream of rev e nue to ser vice the debt. Af - ter see ing the fore casts, Syncora agreed to provide the insurance. Syncora now al leges that Maunsell was far from an in de pend ent third-party. It claims Maunsell had a clear eco nomic in - centive to provide unrealistically optimistic pro jec tions that were de signed solely to help sell the trans ac tion. Syncora claims Maunsell was rou tinely paid un dis closed suc cess fees by Macquarie, on top of its usual fees, for pro jects that Macquarie ac - quired be cause of the Maunsell fore casts. The court pa pers say the un dis closed suc - cess fees amounted to ad di tional mil lions of dollars per transaction. Macquarie moved to dis miss Syncora s claims, ar gu ing in part that the Maunsell Fore casts were merely pro jec tions, which are not actionable as representations of fact that can sup port a fraud claim. The judge dis missed that ar gu ment say ing the mis - rep re sen ta tion claim was not based on the pro jec tions them selves, but rather on how the pro jec tions were obtained. Judge Schweitzer also re jected Macquarie s ar gu ments re gard ing dam - ages. In con trast to the rosy pro jec tions from Maunsell, Syncora says Amer i can Roads has been dras ti cally underperforming with plum met ing de - clines in traf fic and rev e nue, which puts it at far greater risk than an tic i pated. To es - tab lish a com mon law fraud claim, the court says plain tiffs must al lege an in jury. Macquarie had con tended Syncora failed to al lege that it suf fered any ac tual losses. It ar gued Syncora s claims of in creased ex po sure to risk of loss are in suf fi cient to sustain a claim of damages. Syncora wants out of the deal with Macquarie be cause of the al leged fraud, and both sides are con tin u ing to press their case with the court. The lat est fil ings with the court in volve plans for dis cov ery in the case. For more in for ma tion, visit: http://iapps.courts.state.ny.us/iscroll/sq LData.jsp?IndexNo=651258%2F2012& Submit2=Search. Con tin ued from Page 8 Legislation for Governing Autonomous Vehicles weather con di tions, right-of-way sit u a tions or tak ing turns at a four-way stop? As prob lems are dis cussed and worked out, Ne vada, Florida, Cal i for nia and Wash - ing ton, D.C. have al ready passed laws gov - ern ing the test ing of ve hi cles such as Google s au ton o mous car. Bills have been in tro duced in Ha waii, Mas sa chu setts, Michigan, Minnesota, New Jersey, New York, South Carolina, Wash ing ton and Wis con sin, where most have gone to com - mit tee. Leg is la tion fal tered in Ar i zona, Col o rado, New Hampshire, Oklahoma, Oregon and Texas. For more in for ma tion, visit: http://cyberlaw.stanford.edu/wiki/index. php/automated_driving:_legislative_a nd_regulatory_action and http://www.nhtsa.gov/about+nhtsa/p ress+releases/u.s.+department+of+tra nsportation+releases+policy+on+auto mated+vehicle+development.

THE URBAN TRANSPORTATION MONITOR, SEPTEMBER 20, 2013, VOL. 27 NO. 7 Page 10 Product and Industry News Fifth Mode of Trans por ta tion Pro posed by Bil lion aire Tube and Cap sule Pub lic Tran sit Sys tem Pro posed; At Speeds Top ping 700 mph, Hyperloop could make LA to San Fran cisco Trip in 35 Min utes Sim i lar to the pneu matic tubes used at drive-in banks to trans port doc u ments be - tween bank cus tom ers and tell ers, bil lion - aire en tre pre neur Elon Musk is pro pos ing a sys tem be used to zip peo ple from one ma - jor ur ban area to an other us ing a trans por - ta tion sys tem he calls Hyperloop. Musk and his re search team have laid the ground work for this new type of pub lic tran sit sys tem, but they ve thrown open the doors to sci en tists, en gi neers, traf fic plan - ners and ev ery day in ven tors around the world to build on their idea and make it a re al ity. Say ing he has other busi ness to at - tend to at his Tesla Mo tors com pany and SpaceX rocket-build ing firm, Musk has open-sourced his tech ni cal plans for others to draw upon. Hyperloop is in tended to be a new, fifth mode of trans por ta tion af ter planes, trains, cars and boats. Musk says su per sonic air travel is im prac ti cal for jour neys of less than sev eral hun dred miles and tele porta - A rendering of the Hyperloop concept. (Image: Cour tesy of SpaceX) tion has yet to be in vented, so he says the only op tion for super fast travel is to build a tube over or un der the ground that con tains a spe cial environment. His tech ni cal spec i fi ca tions for the Hyperloop are avail able in a 58-page doc u - ment posted to the SpaceX website. The doc u ment de scribes a sys tem con sist ing of a low pres sure tube with cap sules that are trans ported at both low and high speeds through out the length of the tube. The cap - sules are sup ported on a cush ion of air, fea - tur ing pres sur ized air and aero dy namic lift. Hyperloop cap sules would ac cel er ate via a magnetic linear accelerator affixed at var i ous sta tions on the low pres sure tube with ro tors con tained in each cap sule. Please turn to Page 11 A pro posed route for a Hyperloop ap pli ca tion in Cal i for nia. (Im age: Cour tesy of SpaceX) The Hyperloop pas sen ger cap sule ver sion with doors open at the sta tion. (Im age: Cour tesy of SpaceX)

THE URBAN TRANSPORTATION MONITOR, SEPTEMBER 20, 2013, VOL. 27 NO. 7 Page 11 Tort Liability: Case in Review Cal i for nia Court of Ap peal Rules on Com pet ing Testimonies From Expert Witnesses In a case go ing back to the death of a 14-month-old baby in 2007, the Su pe rior Court of Los An geles County found in fa - vor of the City of Los An geles on plain - tiffs claims against the City for neg li - gence, dan ger ous con di tion of prop erty and wrong ful death. Af ter the trial, ap pel lants coun sel filed a mo tion for new trial ar gu ing, among other is sues, that the ev i dence was in suf fi - cient to sup port the ver dict. The trial court de nied the mo tion, which the City had also op posed. Plain tiffs then appealed. The com plaint at trial iden ti fied var i ous characteristics of the roadway and inter - sec tion that con trib uted to the al leged dan - ger ous con di tion, in clud ing blind ing glare from the sun, steep grade of the road way, ex ces sive speed, lim ited vi sion and lim ited abil ity to see and re act appropriately to pedestrians. The driver of the ve hi cle which struck and killed the child, hit in the mid dle of the in ter sec tion while ac com pa nied by her mother and el der brother, tes ti fied that he was blinded by the sun as he started the de - scent which led into the in ter sec tion. He fur ther noted there was no stop sign at the in ter sec tion, and no signs warn ing him of pos si ble pe des tri ans, the street s down hill grade or that he was en ter ing a school zone. All this was con firmed by his pas sen ger, who also claimed he was blinded by the sun. On ap peal, ap pel lants pro vided tes ti - mony from nu mer ous res i dents, liv ing at, or close to, the in ter sec tion, which cor rob - o rated this ev i dence. One res i dent went so far as to put up his own signs to cau tion driv ers to slow down. An other gath ered six pages of neigh bor sig na tures to sup port a let ter to her city coun cil man re quest ing a study for a stop sign at the site that later be - came the ac ci dent lo ca tion. Yet an other pointed out the num ber of an i mal deaths on the street due to speed ing cars. A res i dent of over 50 years tes ti fied he had at tended City meet ings where he suggested the installation of speed bumps. Two Los An geles councilmembers tes - ti fied they were put on no tice that the in ter - sec tion was a dan ger ous zone. One had re - quested ac tion by the Los An geles De part - ment of Trans por ta tion, but noth ing had been done at the time of the accident. Please turn to Page 12 Con tin ued from Page 10 Product and Industry News (continued) Pas sen gers would be able to en ter and exit Hyperloop at sta tions lo cated ei ther at the ends of the tube or branches along the tube length. Musk en vi sions a sys tem of cap sules that could travel the 400 miles be tween Los An geles and San Fran cisco in 35 min utes from county line to county line. The cap - sules would leave on av er age ev ery two min utes from each ter mi nal, or as of ten as ev ery 30 sec onds dur ing rush hour. The cap sules would carry 28 peo ple each, mean ing 7.4 mil lion peo ple per tube could be trans ported each year on Hyperloop. The doc u ment puts the to tal cost of Hyperloop at un der $6 bil lion for a pair of one-way tubes and 40 cap sules, a fig ure crit ics are al ready call ing far too low. By am or tiz ing those cap i tal costs over 20 years and add ing daily op er a tional costs, Musk fig ures the cost of a one-way ticket at $20. Those in ter ested in add ing their ideas to the Hyperloop dis cus sion are be ing en - cour aged to E-mail their feed back to hyperloop@spacex.com or hyperloop@teslamotors.com. For more in for ma tion, visit: http://www.spacex.com/hyperloop. INRIX Real-Time Traf fic Cov er age Expanding Globally; Data Avail able in More Than 20 Coun tries Across Four Continents The amount of real-time traf fic in for ma - tion avail able to trans por ta tion agen cies con tin ues to grow as com pa nies such as INRIX ex tend their global reach. INRIX, which was founded in 2005, now boasts that its cov er age in cludes more than 260,000 cen ter line miles of roads be - ing up dated in real-time. The miles span more than 20 coun tries on four con ti nents, and all can be clicked on for road seg ment details. The com pany, based in Kirkland, Wash ing ton, says its ex pan sion re flects the in creas ing qual ity of data in both ma - ture and emerg ing mar kets. It says road - ways are added to its sys tem only when it feels re li ably able to re port con di tions in real-time. In the U.S., INRIX pro vides traf fic in - for ma tion for more than 125,000 cen ter - line miles of cov er age in all 50 states and Puerto Rico. It has made ma jor strides to - ward ex pand ing its ser vices in Can ada with cov er age now over 5,000 cen ter line miles. INRIX s U.S. op er a tions have also added cities in Brazil. The com pany s Eu ro pean op er a tions cover more than 130,000 cen ter line miles across 19 coun tries. Among the new est cov er age ar eas are Po land, the Czech Re - pub lic and the Hel sinki met ro pol i tan area. Cit ies in South Af rica have also been added to the growing list. For more in for ma tion, visit: http://www.inrix.com/.

THE URBAN TRANSPORTATION MONITOR, SEPTEMBER 20, 2013, VOL. 27 NO. 7 Page 12 Tort Liability: Case in Review (continued) California Court of Appeal Rules Tes ti mony from an ac ci dent re con struc - tion ex pert sup port ing ap pel lant s claim noted the sig nif i cant slope lead ing into the in ter sec tion and that on this down - grade, cars nat u rally in creased speed. There fore, a stop sign would have served as a speed con trol de vice and a visual cue to slow down. Fur ther sup port ing tes ti mony, from a traf fic en gi neer, was that there were ab so - lutely no safety pre cau tions for pe des tri ans at the time of the ac ci dent and that the in - ter sec tion cre ated a trap be cause a pe - des trian would start out and en ter the cross ing be fore cars were vis i ble. He con - cluded that the man ner in which the in ter - sec tion was op er ated at the time of the ac ci - dent formed a dan ger ous con di tion for pe - des tri ans and that the dan ger ous con di tion made it rea son ably foreseeable that the accident would occur. In re but tal, the City pre sented ev i dence from its traf fic en gi neer that it had con - ducted a traf fic study in re sponse to com - mu nity com plaints. This had con cluded that an all-way stop sign was not war ranted at the intersection because traffic volumes were very low, vis i bil ity was good and no correctable accidents had occurred at the lo ca tion in the previous five years. City also pro vide tes ti mony from a trans por ta tion en gi neer who con firmed that he had looked at the ac ci dent his tory for the in ter sec tion over the past 12 years, and there were no re ported ac ci dents at all. There fore, there was no discernable pat - tern for an en gi neer to cor rect. Fur ther, when as sessed against na tional and state stan dards of traf fic safety, the in ter sec tion did not war rant a stop sign; the speed limit sign was cor rectly placed; and no pe des - trian safety de vices were war ranted. There fore, in his ex pert opin ion, the in ter - sec tion did not con sti tute a dangerous condition of public property. The Court of Ap peal noted that the par - ties pre sented con flict ing ev i dence regarding the ex is tence of a dan ger ous con di tion at the in ter sec tion. As such, it was re quired to re view this is sue un der the sub stan tial ev i dence standard of review. Un der this stan dard, it was re quired to re - solve con flicts in ev i dence in fa vor of the pre vail ing party and must in dulge all le git i - mate in fer ences to up hold the judg ment if In the top im age, Sepulveda Street runs east-west, Gaffey Street runs north-south (the larger street) and Mar shall Court runs north-south in ter sect ing with Sepulveda Street. The ac ci dent hap pened at the in ter sec tion of Sepulveda and Mar shall court - lower photo. Pe des tri ans were try ing to cross Sepulveda street (left to right, lower photo). (Photo: Courtesy, Google Inc.) pos si ble. It cited pre vi ous find ing that the power of the ap pel late court be gins and ends with a de ter mi na tion as to whether there is any sub stan tial ev i dence, con tra - dicted or un con tra dicted, which will sup port the judg ment of the lower court and that the re view ing court is with out power to sub sti - tute its de duc tions for those of the trial court. Thus, it noted it must re solve the con - flicts in the ev i dence be fore it in fa vor of the City, as the pre vail ing party. While two dif fer ent con clu sions could have been reached based on the ev i dence, it had no power to sub sti tute its own de duc tions for that of the jury. Fur ther, it must pre sume that the jury gave more weight to, or found more cred i ble, the City s witnesses. It found that the City s ev i dence re gard - ing the non ex is tence of a dan ger ous con di - tion was of pon der a ble le gal sig nif i cance, was rea son able in na ture, cred i ble and of solid value. The City s wit nesses were ed - u cated, li censed and ex pe ri enced, with work ing ex pe ri ence in Cal i for nia of over 23 and 25 years re spec tively. It there fore ac cepted the tes ti mony of these in di vid u als that the in ter sec tion was not main tained in a dan ger ous con di tion and that there fore the trial court had not erred in its finding. It affirmed the Superior Court s ruling.

THE URBAN TRANSPORTATION MONITOR, SEPTEMBER 20, 2013, VOL. 27 NO. 7 Page 13 Con tin ued from Page 1 Caltrans Reaches Set tle ment in Fa tal ity Along Notorious S-Curve at Bay Bridge speed limit was 50 mph all along the bridge, ex cept at the toll plaza. Af ter the de tour was in place, the en tire S-curve seg - ment had a speed limit of 40 mph, with a posted ad vi sory speed of 35 mph. Ac cord ing to Caltrans, in the east ern tie-in sec tion, the de sign con sisted of two sim ple curves bridged by a short tan gent. There was a left curve with a 661-foot ra - dius, a 67-foot tan gent, and an other left curve with a 787-foot ra dius. Af ter that came the via duct (straight) por tion, which mea sured 2,110 feet, fol lowed by a right curve with a 1,214-foot ra dius on the western tie-in. At tor neys for the fam ily of trucker Tahir Fakhar had ar gued he was not aware of the sharper curve and was driv ing at the 50 mph speed limit that had been posted on the bridge for de cades. The fam ily also blamed the truck ing and ship ping firms in - volved, say ing Fakhar was car ry ing a too-heavy load that made his rig more prone to tip ping. Ini tially, the plain tiffs de - manded $10 mil lion. Through a me di a tor, Caltrans agreed to pay ap prox i mately $700,000. Other de fen dants paid ap prox i - mately $900,000 more. Caltrans did not ad mit any re spon si bil - The lo ca tion of the S-curve on the Bay Bridge. (Photo: Cour tesy of Google, Inc.) ity in the set tle ment. The agency says the case arose from a tragic event, and it hopes the set tle ment can bring some clo sure to the fam ily. From a le gal stand point, it says the set tle ment was a com pro mise on the part of both par ties to avoid the ex pense and un - known out come of a trial. Af ter the fa tal ity, Caltrans says it worked with the Cal i for nia High way Pa trol to beef up en force ment of the re duced speed limit, and 500 ci ta tions were is sued in just a two-week pe riod. Caltrans also tried to im prove safety by add ing more signs and warn ing lights, rum ble strip ing and ra dar speed feedback signs. For more in for ma tion, visit: http://baybridgeinfo.org/ Con tin ued from Page 1 Tri-State Re gion Us ing AirSage Data for De mand Mod el ing source to cal i brate against. For the air port model, the last sur vey was in 1995 and an - other is likely planned for the fu ture, but in the mean time, the AirSage data will al low OKI to up date the dis tri bu tion, and it says us ing AirSage was the most cost-ef fec tive means. It also pro vides a rel a tively large source of data. The coun cil notes that ex - ter nal sta tion sur veys can be very dif fi cult and ex pen sive to con duct, and it be lieves the AirSage data will pro vide a solid sub - sti tute for the more historical type external station survey. Of fi cials at OKI say it is too early in the pro cess to com ment about the data it self, but they credit AirSage with be ing very re - spon sive to the ques tions they have been ask ing as they work through the data ac - qui si tion pro cess. The data will be used in con junc tion with a GPS-based house hold travel sur vey that was con ducted in 2010 in part ner ship with the Ohio De part ment of. The AirSage data co mes at a cost of $75,000, and OKI says the data has been de liv ered in a CSV for mat that it was able to quickly move into Cube ma tri ces that it could use with the model. A fi nal re port will not be pro duced based spe cif i cally on the AirSage data, but parts of it will be in te - grated into OKI s cal i bra tion and val i da - tion re ports for the 2010 model up date that is ex pected to be com pleted in early 2014. AirSage re ports that one of the chal - lenges OKI faced was that 98 per cent of all traf fic in the area makes use of free ways, but Ken tucky and In di ana have en acted laws that pro hibit the stop ping of driv ers on the free way to con duct sur veys. The com - pany says it would have been im pos si ble to cre ate an ac cu rate model with out free - way data. OKI found that the mo bil ity data from AirSage could be used to not only re place the key free way sur vey, but also to aug ment other data and validate those findings. Rohne notes that the AirSage val i da - tion is im por tant be cause, If we mess up and the model says it should take two lanes and it re ally needed four, the cost of get ting it wrong could be 10-20 years of peo ple sit ting in traf fic. For more in for ma tion con tact J. Brian Cunnigham at bcunningham@oki.org or visit: http://www.oki.org/ or http://www.airsage.com/.