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HomeMy WebLinkAboutCity Council Committees - Civil Services Commission - 09/11/1992 "Report of Findings" Memorandum Vehicle Safety Review Board VSRB Control # 92-2 / KPD Case #92-06459 To: Chief 'Ed Crawford From: Vehicle Safety Review Board Lt. M.Y. Sweeney (Chair) Mr. Ken Chatwin, Risk Manager Sgt. Glenn Woods, EVOC instructor Date: September 11, 1992 This "Report of Findings" is submitted pursuant to Kent Police Department (KPD) Policy K-23 . K-23 directs that the Vehicle Safety Review Board (VSRB) , after the deliberation of facts relating to reportable vehicular accidents, provide the Chief of Police with a "Report of Findings" memorandum. A memorandum generally addressing issues of causation, policy conformance, legal compliance, training, potential sanctions, and the official categorization of the accident pursuant to those classifications enumerated in KPD Policy K-20. All VSRB "Reports of Finding" are presented sequentially in format consistent with the six (6) points of concern listed in Policy K- . 23 . You might wish to "skip" momentarily to "Point 3" which calls for an event synopsis and identification of persons and vehicles involved. Point i The "VSRB" packet prepared by Captain Jim Miller upon'completion of all investigative actions was sufficient in it 's content to yield a determination by the board. officer King' s report and presentation of witness statements was well done. The board appreciated the willingness of both Officers King .and Mc.Vicar to avail themselves to us for statements and questions. Their remarks did not remarkably sway our focus or alleviate misunderstanding as there was none -- they were simply helpful . Point 2 The statutes and policy with some bearing in this matter and discussed by the board are: -- 46. 61. 035: Authorized Emergency Vehicles -- 46. 61. 050: Obedience to Traffic Control Devices (Signals) -- 46 . 61. 190: Right of Way -- KPD K-09: Privileges Afforded Emergency Vehicles Point 3 Accident Data 2 Car, Injury (to civilian driver [possible RH fracture/neck pain) and passenger (back pain/laceration) ) . Occurred Friday, July 31, 1992 @ 1800, intersection of SB N. Washington Ave. and EB W. James St, daylight, bright sun, hot and clear, straight and level roadway. 4-way major intersection with signal controls. Commercial /Multi-family district, moderately heavy, Friday, end of rush-hour traffic. 35 m.p.h. zones. The civilian driver was Mr. John Mangalam, a Kent apartment resident (in proximity to the accident area) , and a 25 year old engineer. Accident Profile Officer McVicar driving (old-style) fully marked 1990 Caprice patrol car stopped for a red signal in O/S, S/B lane of N. Washington Avenue, 1st car in line at stop line, turn signal on to turn right. MCVicar' s attention drawn to an unidentified vehicle make a hurried (perhaps not yielding properly) left turn from WB James to SB Washington, squealing tires, appears above speed limit. McVicar, under red light, looks to right (into sun at West horizon) sees no traffic to yield to, nor any to left, turns off turn signal, proceeds into intersection without much hesitation, . activating emergency lights and possibly siren (siren not clear/uncertain) at the same approximate time or moments after he accelerates to into intersection. After crossing 3 lane widths of travel, he is struck in RF by vehicle travelling EB in the O/S lane of W. James. McVicar saw car coming at last moment couldn't avoid. The civilian car was a Grey 1986 Honda Civic which a witness states was moving at 30-35 m.p.h. on or near a yellow caution before turning red. Point 4 This event is categorized as an accident. Point 5 This accident is classified by the board as Preventable. Rationale It is incumbent upon the operator of an emergency vehicle not to proceed into an intersection disregarding rules of the road governing direction, controls, stopping, turning, and standing to do so safely -- what is safe is a judgement which will vary in consideration of all variables in play at the time. At a time when traffic volume at a large intersection is moderately heavy; when views are obstructed by vehicles standing in opposing stop and turning lanes; when the sun is inhibiting vision; when sunlight is itself bright; when the opposing motorist was travelling within posted limits; when the violation to be pursued is an infraction; when there is no clear hesitance in entering the intersection contrary to signal controls by standing with emergency lights on and/or displaying an audible signal of your intent to proceed; -- it is the opinion of the VSRB that an error in judgement has been made. RCW 46. 61. 190 states in yielding right of way that when a failure to yield occurs "if such a driver is involved in a collision with a vehicle in the intersection or junction of roadways . . . such collision shall be prima facie evidence of his failure to yield. " 46 . 61. 035 states that the operator of an emergency vehicle when using emergency lights and audible signals when required . . . does not relieve the driver . . . from duty to drive with due regard for the safety of persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others. " The board emphasizes it' s opinion that there was not reckless disregard here -- but an omission in duty for due regard for safety. An error in judgement in the timing, method, time of hesitation, and degree of certainty of observation in choosing to proceed. We believe that the patrol car began to roll when McVicar removed • his foot from the brake. MCVicar stated that he did not hesitate, that he "locked on his target" and from that point the synch between his observation of oncoming traffic, his foot hitting the gas and his lights and siren going on is uncertain. All that is certain is the outcome. Without recanting all witnesses statements, which do conflict, it is proper to conclude that the lights were on at impact, but not likely at the moment in time he proceeded into the intersection. We speak here of an estimated 60-70 foot distance and a moment in time. There was no clear hesitance to proceed, clear presence of emergency lights or siren before doing so. The witnesses in the best position to see used terms like "jetted" or "darted" to characterize the .vehicles start from the stop line -- without seeing the emergency lighting until impact -- some did not see lights at all others did -- after the moment of impact. Captain Jim Miller, in his insight memo to the VSRB, summarizes all that can be said here regarding this "moment" well . "There is mixed testimony by witnesses as to the timing of the activation of the emergency equipment on Officer MCVicar' s vehicle. Even if it was activated prior to the collision, there is little evidence to suggest that there would have been sufficient time for the other driver to have been alerted to the danger. " In summary, an error in judgment -- the decision how (hesitance with lights and siren) and when to proceed (clear of danger) . This does not appear an error in handling, driving, placement. If this were a citizen an accident infraction would have been issued. ,, It is the opinion of the board that audible signals, . in addition to lights, and a several second reconfirmation of his ability to proceed safely albeit one-lane at a time, were necessary in light of all circumstances at the time of this collision. Point 6 The VSRB makes three (3) recommendations based upon the individual fact of this case: 0 1. The sanction proper to this event is: oral interview with warning that like behavior in the future will result in more severe discipline, and that note of such interview, warning, and this VSRB review be noted on his evaluation consistent with that instructed in Policy K-23 . 2 . A one-work day ride-along with EVOC Instructor Sgt. Woods for the purpose of his observation of McVicar' s driving habits, discussing relevant statutes, policies, and decision making. This observation will result in a written report' by Sgt. Woods to the Patrol Captain, documenting what was observed, discussed, and suggesting any further training necessary relating to judgement and driving. This report to accompany his next performance evaluation. 3 . The intensity of discipline suggested here is based solely upon the record of this VSRB review. Officer McVicar has had no other accidents before this board since it ' s creation one year ago. It is further suggested that the above two recommendations be evaluated against other accident related records within his personnel records -- and depending upon the content of those records discipline of greater intensity may be warranted. In conclusion we ask that you note that Officer McVicar was, against his own self-interest, quite candid and direct in his remarks and responses to questions. He admitted error, said he would not do so again, knew he should have waited. The VSRB both appreciates and respects his candor. ------------------------------------------------------------------- Advisory 92-2-1: An issue of discussed at some length between VSRB members and with Officers McVicar and King concerned the "layout" of emergency lighting and control head switches, microphones, and related gear in the "console area" . It was noted that some vehicles have siren/horn rim interconnects -- whereas others do not, and in some cases light switch mechanisms are not identical in placement. It was for this reason that McVicar was noted by one witness to be "leaning down" as he proceeded into the intersection -- that witness believing that he might have been slumping due to unconsciousness. Surely while leaning down (and apparently looking) rather than touching through habit from a more upright position effects one' s peripheral vision. • Officers drive different cars depending on availability -- and without some assignment scheme that would be difficult to administer, their personal familiarity with the features of different cars and layouts is a matter of concern to the board. A second of uncertainty in how to employ emergency lighting, sirens, or assuming your horn rim has a siren when it doesn't poses a risk, which when under stress, is best addressed by a habit and through symmetry in design and layout. We advise that by , from within the patrol division, probably headed by the EVOC instructional staff, a report be made suggesting a preferred and fixed layout of instrumentation, features and interconnects, and potential costs of implementation. This work should involve the surveying of patrol staff, contacting other agencies, and researching possible alternatives against literature available on the subject. If such recommendations are reasonable and .possible in terms of cost, every effort to assure their implementation should be made. The board believes that "ritual consistency" in the activation of emergency equipment and controls is one variable which could be of benefit in lessening the likelihood of collisions and assuring the proper application of emergency systems when needed -- overcoming the risk posed when not activated properly. Respectfully, Lt. M.P. Sweene Mr.JKn Chatwin Sgt. Glenn Woods VSRB Convened: Thursday 9/11/92 , 1200-1445, Chiefs Conference Room