MBTA Collision Policy

Dear Adrien Salzberg,
Your request has been received and is being processed.  Your request was received in this office on October 29, 2019 and given the reference number R000647-102919 for tracking purposes. To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

All documents related to the MBTA's current policy on collisions for buses, the subway, and the commuter rail, including staff procedures for train-on-train collisions, suicide by train, accidental collisions with human beings and other deaths after being hit by trains, procedures for train drivers after a deadly collision, and policy for temporary and/or permanent removal of train drivers after collisions.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Adrien Salzberg

Upload documents directly: https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?url_auth_token=AAAd0Xpj74QyI79V10sR9Eo8Zlw%3A1iPKJu%3AcW94oDsZqeUFkyIzWoJHFgwujHU&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fmassachusetts-bay-transportation-authority-118%252Fmbta-collision-policy-82382%252F%253Femail%253DMassDOT.RAO%252540state.ma.us
You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Click Here to View Your Request (https://u8387795.ct.sendgrid.net/wf/click?upn=Ow1KccipsoIsnXbuEgm-2FN5CmmBOs9GyjBHZJOifMs2S6JwfvEM4fGgmGp5PP4woLtkVjr6cYYGnWVTmfQsjDgHiwWRTGs5qFFTsxyPOVWuq3tS8qHcLE-2Bo8PaGCU9j2cQFMX8Nyy2qNAcl-2FtO-2Bwccw-3D-3D_K-2Bt-2FfR49WdmIYcq-2BTW6B9RS3UZ0ejOMjgsQsBOW7h6haFQF56452Nw-2BwfqBtzTWQWncAXpulXhwrwTRAb8PiBF5RZVh9a0YNwDCNBRDlvFEIJCcAikWdXykT6UUMkMRdN3ODreeViGk9R3LGBrQ3HSA0XGxqq3DrWUi8F3-2FOEXJUrwqIoiSXZihvODo0aTXHd49GRXxWcs4wS-2BzxD7LYQMVDa7QpXQm8aZnjThCTeYa4-2FhuB3Gd2V-2BCDVQvCBiqPgtkBJby3DhL9YVVi8ek0yuTL9kPsZ4DU0NkioAdFDtyQPCfHLvV5Kanqs-2BhPFHsyZl322ukBBF83Db8tai4byIOtDgV-2BYhUg1a-2BwgyIvRMcmpg4eyvNzf7XYfUjB9XPYPxgU-2BYgGQxQ47bw9cBVwNA-3D-3D)
Thank you for using the MBTA’s Public Records Center.
Massachusetts Bay Transportation Authority

--- Please respond above this line ---

November 04, 2019

Adrien Salzberg
MuckRock News, DEPT MR 82382
Somerville, MA 02144

Re: Public Records Request for “To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

All documents related to the MBTA's current policy on collisions for buses, the subway, and the commuter rail, including staff procedures for train-on-train collisions, suicide by train, accidental collisions with human beings and other deaths after being hit by trains, procedures for train drivers after a deadly collision, and policy for temporary and/or permanent removal of train drivers after collisions.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Adrien Salzberg

Upload documents directly: https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?url_auth_token=AAAd0Xpj74QyI79V10sR9Eo8Zlw%3A1iPKJu%3AcW94oDsZqeUFkyIzWoJHFgwujHU&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fmassachusetts-bay-transportation-authority-118%252Fmbta-collision-policy-82382%252F%253Femail%253DMassDOT.RAO%252540state.ma.us”
Our Case No.: R000647-102919

Dear Mr. Salzberg,

The  Massachusetts Bay Transportation Authority (“MBTA”) is in receipt of your request for public records dated October 29, 2019 regarding the above-referenced matter; this request was received by our Records Access Officer on October 29, 2019.
Please be advised that your public records request seeks information that is exempt from disclosure under Massachusetts General Laws Chapter 4, Section 7(26)(b). This exemption provides that records are exempt from disclosure if they are related solely to internal personnel rules and practices of the MBTA, to the extent that the proper performance of our necessary governmental functions require withholding. The "polic[ies] on collisions for buses, the subway, and the commuter rail" are internal-only training and operational materials that are not for public dissemination. They contain emergency and security procedures that, if disclosed to the public, would inhibit the MBTA's proper performance of implementing those procedures and could negatively impact the safety and security of its subway, bus and rail operators and the public. For example, public dissemination of sensitive safety and security protocols could lead to security breaches and undermine emergency preparedness if those protocols were known. Accordingly, the records sought are exempt from disclosure. In addition, please be advised that your request seeks information that is exempt from disclosure under Massachusetts General Laws ch. 4, sec. 7, clause 26 (n), which is known as the Security Sensitive Exemption. The Security Sensitive Exemption applies to “records including, but not limited to, blueprints, plans, policies, procedures and schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, or any other records relating to the  security or safety of persons, buildings, structures, facilities, utilities, transportation, cyber security or other infrastructure located within the Commonwealth, the disclosure of which, in the reasonable judgment of the custodian, subject to review by the supervisor of public records under subsection (c) of section 10 of chapter 66, is likely to jeopardize public safety.”

The records requested relate to plans, policies, procedures, security measures, emergency preparedness, threat or vulnerability assessments, and other records relating to the security or safety of MBTA employees, patrons and transportation vehicles. As stated above, to release these materials would jeopardize safety and security and lead to possible security breaches. Therefore, the requested records are being withheld.
If you are aggrieved by this response, you have the right to appeal within 90 days to the Supervisor of Public Records, Office of the Secretary of State, One Ashburton Place, Room 1719, Boston, MA 02108. If you appeal, please provide me with a copy of your petition, in accordance with the Public Records Law, by responding to this message.

Sincerely,

Julie Ciollo
Assistant General Counsel/
Records Access Officer