8. Assignment of Proceeding

Michel Peter Florio is the assigned Commissioner and Kimberly H. Kim is the assigned ALJ in this proceeding.

Findings of Fact

1. The Joint Motion, seeking the Commission's approval of the Settlement and adoption of GO 172, is sponsored by Los Angeles County Metropolitan Transit Agency, North County Transit District, Sacramento Regional Transit District, San Diego Trolley, Inc., San Francisco Bay Area Rapid Transit District Area, Santa Clara Valley Transportation Authority, SFO Airtrain, Amalgamated Transit Union, International Brotherhood of Electrical Workers, Local Union 465, and United Transportation Union.

2. The Settlement is unopposed.

3. CPSD supports the approval of Settlement and adoption of GO 172.

4. A settlement conference was properly noticed and held.

5. The record in this proceeding is extensive and demonstrates a clear safety need for GO 172.

6. Through the collaborative process, the industry stakeholders arrived at the Settlement and GO 172 -- a solution that effectively accommodated and addressed their respective concerns while also achieving the shared goal of the OIR, rail transit safety.

7. GO 172 balances the fiscal concerns associated with the installation and monitoring of in-cab inward-facing cameras, with public safety goals and the needs and concerns of the rail transit agencies' employees and union members.

8. GO 172 would apply to all rail transit agencies in California.

9. GO 172 effectively requires agencies' implementation of safety programs which include an important safety technology (inward-facing cameras) as part of the safety programs.

10. Operational in-cab inward-facing video cameras are required within three years of the effective date of GO 172.

11. During the three-year interim period until the cameras are installed and operational, supervisory observations for compliance are required, with CPSD oversight of the supervisory monitoring.

12. GO 172 allows possession of PED on rail transit vehicles if the device is turned off and stowed and not on the operator's person.

13. We recognize that, for the agencies, securing funding, working with funding cycles, installation of the cameras and testing of the cameras will take considerable time.

14. GO 172 requires that cameras have an eight-day continuous loop recording so that any time the recording is downloaded, the most recent eight days are available for review.

15. GO 172 requires each of the agencies to develop and submit an enforcement and video monitoring plan for CPSD Director or Deputy Director review and approval at least 90 days before video operation.

16. The eight-day continuous loop recording and related safety requirements set forth in GO 172 are a reasonable and a cost-effective approach to introducing the in-cab camera technology as an enforcement tool against non-compliance and set a framework for the agencies' disciplinary programs.

17. GO 172 requires each rail transit agency to develop, adopt, and submit to the Commission, within 90 days from the effective date of GO 172, for review and approval, a clear and effective zero tolerance policy and program designed to effectively deter and prevent violations and promote a culture of safe behavior.

18. GO 172 provides all PEDs, irrespective of whether they are personal or agency-issued, must be turned off and stowed when a transit employee is operating a rail transit or on-track vehicle.

19. A PED may be used in an emergency, and only when "the rail transit or on-track vehicle is stopped and the person is not in the controlling compartment of the rail transit vehicle."

20. GO 172 acknowledges the importance of minimizing transit operator distractions created by the PEDs, personal or agency-issued, and such distraction to a transit operator while operating a transit vehicles poses an unacceptable public and passenger safety risk.

21. GO 172 successfully addresses an important rail transit safety issue at a time when the agencies, who will bear the cost of the implementation, face severe fiscal constraints.

22. The Settlement and GO 172 resolve both privacy and collective bargaining concerns that might otherwise hinder successful implementation of GO 172.

23. GO 172 will deter and prevent unsafe transit operator behaviors which were the unintended byproduct of the new PED technologies.

24. GO 172 is an important safety precaution necessitated by changing times.

25. GO 172 is coherent and comprehensive, and for each major provision, GO 172 presents a solution that is reasonable, both in itself and as accommodation of various concerns by the transit industry stakeholders.

26. Review of the record in this proceeding provides support for our approval of the Settlement and adoption of GO 172, as an effective regulatory response to a clear safety issue facing the transit industry.

27. Taken together, California Public Utilities Code Sections 778, 29047, 30646, 100168 and 99152 authorize the Commission to prohibit the use of PEDs by safety-sensitive rail transit employees, when operating rail transit vehicles.

28. The public interest is served by this successful collaboration among the stakeholders in the transit industry.

29. Approval of the Settlement and adoption of GO 172 should avoid potential delays and costs of protracted litigation and should readily be accepted by the industry, resulting in speedier and smoother implementation of GO 172.

30. We find the Settlement and GO 172 to be reasonable in light of the whole record, consistent with the law, and in the public interest.

31. Approval of the Settlement and adoption of GO 172 will resolve all outstanding issues in this proceeding.

Conclusions of Law

1. The Settling Parties have complied with Rule 12.1(a) and 12.1(b).

2. The Settlement and GO 172 are reasonable in light of the whole record, consistent with the law, and in the public interest.

3. The Settlement should be approved effective immediately.

4. GO 172 should be adopted and should be effective immediately.

ORDER

IT IS ORDERED that:

1. General Order 172 attached to this decision as Appendix A is adopted.

2. General Order 172 supersedes and replaces Resolution SX-88.

3. Rulemaking 08-10-007 is closed.