THE URBAN TRANSPORTATION MONITOR

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1 THE URBAN TRANSPORTATION MONITOR 2012 Law ley Pub li ca tions. All Rights Re served. VOL 26, NO 5 JUNE 29, 2012 Games of Chance Be ing Used to Lure Trav el ers to Off-Peak Hours Incen tives Being Used to Change Com mu ter Behav ior in Sil i con Val ley and Sin ga pore Teach ers, ani mal train ers and savvy par - ents know that pos i tive rein force ment can be more effec tive as a means to change behav ior than dol ing out pun ish ment. Now, the con cept is being applied in two tran sit exper i ments that offer an added twist an ele ment of chance. Instead of penal iz ing com mu ters with higher fees for peak travel, train rid ers in Sin ga pore and driv ers at Stan ford Uni ver - sity are being offered the chance to take part in incen tive pro grams that reward travel dur ing off-peak, shoul der hours. Par tic i pants earn cred its for tak ing the train or driv ing at off-peak hours, and they then have the chance to win ran dom cash prizes. The idea is the brain child of Stan ford engi neer ing pro fes sor Balaji Prabhakar, who got the idea while stuck in traf fic sev - eral years ago in Bangalore, India. He was inspired to come up with a rewards-based, lot tery type of scheme that was used suc - cess fully at a com pany in Bangalore. The pro jects in Sin ga pore and Stan ford are based on the Bangalore pro ject. Prabhakar describes them as being like a fre quent flyer pro gram. The Stan ford pro gram is called Capri, which stands for Con ges tion and Park ing Relief Incen tives. Hold ers of cer tain Stan - ford park ing per mits can sign up online and receive a small wind shield tag that reg - is ters on auto mated scan ners when the car enters and exits the main Stan ford Uni ver - sity cam pus. Driv ers earn 10 cents per trip when they come and go dur ing off-peak hours, or the cred its can be used to play an online social game with cash pay outs Inside Sur veys....page 12 Requests for Pro pos als....page 20 Confer ences...page 21 rang ing from $2 to $50. The rewards are dis bursed monthly via Stan ford s pay roll or through bank deposits. Maryland Considering All Electronic Tolling AET Sys tem Could Reduce Travel Time and Increase Safety Mary land s Trans por ta tion Author ity is tak ing a look at mak ing its toll ing sys tem com pletely elec tronic. Phase One of the state s three-part study has found that mak - ing the con ver sion at each of the MDTA s exist ing toll pla zas could be fea si ble and may offer a num ber of advan tages. The All Elec tronic Toll ing (AET) Con - ver sion and Pri or i tiz a tion Study has found that going elec tronic could pro vide: Reduced travel times for cus tom ers Increased safety/reduced crashes Align ment with national prac tice, which is shift ing to AET Poten tial long-term reduc tion in toll collection and maintenance costs Poten tial for vari able toll ing, such as man aged lanes or con ges tion pric ing Ease of toll rate increases, such as annual hikes indexed to infla tion How ever, the ben e fits do come at a price. The study esti mates the cap i tal cost to fully imple ment AET at all seven of MDTA s exist ing toll pla zas at approx i mately $150 to $180 mil lion. The price tag for par tial imple men ta tion is around $100 to $125 million. Assum ing the toll rates that will come into effect in 2013 and cur rent toll col lec - tion costs, the con ver sion is expected to be revenue neutral. To deter mine the costs, the study says research ers looked at con vert ing to AET by com plet ing full plaza demo li tion and Prabhakar says a pay out of 20 cents a day may not be enough to encour age a change in behav ior, but a lot tery sys tem Please turn to Page 10 road way recon struc tion, as well as par tial plaza demo li tion to under stand the poten - tial costs of a range of con ver sion alter na - tives. Par tial demo li tion was found to save money by elim i nat ing some of the demo li tion of exist ing toll pla zas and reduc ing the amount of pavement reconstruction. Phase one of the study also looked at Please turn to Page 9 A gantry supporting electronic toll collection. (Photo: Courtesy of the MDTA)

2 THE URBAN TRANSPORTATION MONITOR, JUNE 29, 2012, VOL. 26, NO. 5 Page 2 Six Cit ies Se lected for Pro tected Bike Lanes Se lected Cit ies Will Re ceive Tech ni cal As sis tance and Par tic i pate in a Part ner ship The Bikes Be long Foun da tion, as part of its Green Lane Pro ject, has cho sen six cit ies it hopes to turn into na tional lead ers in cre - at ing com fort able spaces for peo ple on bikes over the next two years through the cre ation of pro tected bike lanes, known as green lanes. Top trans por ta tion of fi cials from around the na tion were on hand last month for the of fi cial kick off cer e mony in Chi - cago for the six cit ies se lected. Those cho - sen from a pool of 42 city ap pli ca tions are: Aus tin, Texas; Chi cago; Mem phis, Ten - nes see; Port land, Or e gon; San Fran cisco; and Wash ing ton, D.C. The se lected cit ies will participate in a partnership facilitated by the Green Lane Pro ject and will re ceive strategic and technical assistance. Ethan Spotts of the Ac tive Trans por ta - tion Al li ance in Chi cago says win ning the des ig na tion from the Bikes Be long Foun - da tion is ex cit ing for us as an or ga ni za - tion, for our city and for our de part ment of trans por ta tion be cause it will pro vide sup port to net work and con nect with the five other cit ies. He says the cit ies will be able to touch base with each other over bike lane is sues such as load ing zones and busi ness chal lenges and fol low how each city works with its res i dents and moves beyond its challenges. As part of the pro gram, Bikes Be long is plan ning trips for of fi cials, plan ners and en gi neers to visit other cit ies in Eu rope and the U.S., as well as the cit ies par tic i pat ing in the pro gram. Spotts says the group will doc u ment and re port on the Green Lane Pro ject with video up dates, re ports, sto ries and pho tos. He finds it ex cit ing to put a fo cused ef fort on six cit ies of dif fer ent types and styles and challenges. Green Lane Pro ject Di rec tor Mar tha Roskowski says her group is de lighted to be work ing with these for ward-think ing cit ies. While they are at var i ous stages of de vel op ment in their bi cy cle net works, they share a strong com mit ment to re - think ing how city streets are used and mak - ing room for bicycles. Green lanes are ded i cated bike lanes that are pro tected from mo tor ve hi cles by curbs, plant ers, posts or parked cars. Bikes Be long says the lanes are en gi neered with rig or ous at ten tion to safety, ef fi ciency and ease of travel for all street us ers. Roskowski says the Green Lane Pro ject will pro vide the six fo cus cit ies with re - sources and tech ni cal as sis tance as they work to reach their ambitious goals. A short syn op sis of each se lected city is pro vided be low. Aus tin Aus tin is plan ning to cre ate ap prox i mately nine miles of pro tected lanes in the next two years. The city will be us ing a va ri ety of phys i cal sep a ra tions in its lanes in clud - ing on-street park ing, bar rier curbs and flex i ble delineators, as well as uti liz ing stan dard multi-use or shared-use trails. The lanes will be ap plied on down town streets, ma jor ar te ri als and neigh bor hood col lec tor streets. A spokes per son for the Texas city says Aus tin is opt ing for pro tected lanes in an ef fort to at tract more new bi cy cle com mu - ters, since the sep a ra tion from mo tor ve hi - cles pro vides a more en tic ing en vi ron - ment to try bi cy cle com mut ing In ad di - tion, with out the sep a ra tion, the city has found that tra di tional bi cy cle lanes tend to be abused in down town ar eas by parked cars and delivery vehicles. Chi cago Chi cago Mayor Rahm Em man uel has set a goal of build ing 100 miles of new pro tected bike lanes dur ing his term, and Spotts says the city hopes to have 25 miles com pleted this sum mer. Bikes Be long says the city s bold com mit ment made it the ideal venue to launch the Green Lane Pro ject. Since the city s first pro tected bike lane on Kinzie Street be tween Mil wau kee and Wells Av e nues was com pleted last sum - mer, bi cy cle ridership has grown by 55 per - cent. A sur vey of bi cy clists by Chi cago s De part ment of Trans por ta tion found that 86 per cent feel safe or very safe rid ing in the pro tected bike lane. That com pares with just 17 per cent in traditional bike lanes. Memphis In Mem phis, the city says the pro ject that is fur thest along in de vel op ment is the Overton-Broad Con nec tor. It s be ing de - signed as a two-way cy cle track con nect - ing the end of the Shelby Farms Greenline (6.5 rail-to-trail con ver sion) to Overton Park, which is a historically significant park in Mem phis. The ap prox i mately 1.5-mile cor ri dor runs along roads that have a va ri ety of land uses, in clud ing res i - dential, institutional and light industrial. Kyle Wagenschutz, the City of Mem - phis Bike way/pe des trian co or di na tor, says reg u lar bike lanes could have been ap plied in the area, but the fa cil i ties that this cor ri dor con nects are used heavily by pop u la tions that may be in tim i dated by tra di tional bike lane de vel op ment. He notes, The ex pan sive streets al low us the op por tu nity to ex tend the same pro tec tion that the off-road trails do, but within the roadway right of way. Please turn to Page 3 The Urban Trans por ta tion Mon i tor, ISSN , 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) , Fax: (703) , 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 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 2012, 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

3 THE URBAN TRANSPORTATION MONITOR, JUNE 29, 2012, VOL. 26 NO.5 Page 3 Con tin ued from Page 2 Six Cit ies Se lected for Pro tected Bike Lanes Port land Roskowski says Port land is lead ing the na tion in de vel op ment of neigh bor hood green ways and other in no va tive street de - signs. She says its at ten tion to de tail to bi cy cle op er a tions at in ter sec tions and other tran si tion points is un matched. The city s goal is for bikes to ac count for 25 per cent of all trips by the year Green lanes al ready in place in Port land have won praise from bi cy clists, and mo - tor ists who took part in a re cent sur vey said the lanes did not make driv ing any slower or less con ve nient. Port land is plan ning ad di tional green lanes on bridges cross ing the Willamette River, as well as N. Wil - liams Av e nue and NE Multnomah Street. San Fran cisco Roskowski says San Fran cisco is back in the game af ter a three-year in junc tion that stalled many of its bi cy cle-re lated pro jects. Since 2010, the city has in stalled 20 miles of bike lanes, and sev eral streets al ready have bike ways sep a rated from mov ing ve - hi cles by safe-hit posts. The San Fran cisco Mu nic i pal Trans por ta tion Agency (SFMTA) says bicycle participation has grown 71 per cent in the past five years. SFMTA spokes man Paul Rose high - lights three ma jor pro jects. A 1.5 mile sep - a rated bike way on John F. Ken nedy Drive is de signed to help slow traf fic, in crease safety and main tain the fam ily-friendly na - ture of Golden Gate Park. A pro ject along the Oak Street and Fell Street cor ri dor, a vi tal link in the city s bi cy cle net work, will reallocate curbside space currently used for park ing along three blocks. A pro ject planned for 2 nd Street will stretch from down town San Fran cisco to the SOMA district. planned for: L and M Streets, NW; 1 st Street, NE; and an area near Un - ion Sta tion. Roskowski says the cap i tal city of fers a na- tional show case that serves as an ex cel lent ex - ample for bicycling initia - tives na tion wide. In ad di - tion to the pro tected lanes, Wash ing ton, D.C., has given bi cy cling a boost through its suc cess ful Capital Bikeshare system, with bikes be ing used at least 6,000 times a day by visitors and residents. For more in for ma tion, visit: 383_Hlt nBM_ 1_BM_2_eproject.org or org/bikes-be long-foun da - tion/ or con tact Joan Harrold at joan@bikesbelong.org. A pro tected bike lane in Wash ing ton D.C. (Photo: Cour tesy, The Bikes Be long Foun da tion) Wash ing ton, D.C. Wash ing ton, D.C., wins praise from Bikes Be long for its green lanes along 15 th Street and Penn syl va nia Av e nue. The or ga ni za - tion re ports that bi cy cle vol ume tri pled along those road ways since pro tected lanes were in stalled. New pro jects are be ing A pro tected bike lane in Port land, OR. (Photo: Cour tesy, The Bikes Be long Foun da tion)

4 THE URBAN TRANSPORTATION MONITOR, JUNE 29, 2012, VOL. 26 NO. 5 Page 4 Pas sen gers To Get Fare Re fund if Train is Late GO Trains to Of fer 15-Min ute Ser vice Guar an tee this Fall The To ronto area s GO Tran sit will soon be mak ing cus tom ers an of fer it hopes they can t re fuse. The tran sit ser vice will give trav el ers a re fund of their fares if a GO Train is more than 15 min utes late. Metrolinx/GO Tran sit spokes man Malon Ed wards says the pro gram will be of fered, be gin ning this fall, as part of the or ga ni za tion s on go ing fo cus on im prov - ing cus tomer ser vice. He says, We rec - og nize that re li able ser vice is a key el e ment to en sur ing our customers are satisfied. There are some ex cep tions to the rule. Pas sen gers will not be able to claim a re - fund if the de lay is as so ci ated with po lice investigations, medical emergencies and ex treme weather. Ex treme weather con di - tions are de fined as those ac knowl edged by En vi ron ment Can ada, such as flood ing, bliz zards, win ter storm, ma jor thun der - storms and gale force winds. An other ex - cep tion is the Ni ag ara Falls sum mer ex cur - sion ser vice be cause the route is sub jected to the un cer tain ties of the Welland Canal boat traffic. The re fund of fer ap plies only to GO Trains and not to GO Buses. Ed wards ex - plains that GO Buses op er ate in mixed traf - fic and are more likely to en coun ter de lays due to traf fic, ma jor ac ci dents and road clo sures that are be yond the con trol of GO Transit. The GO Tran sit sys tem is cel e brat ing its 45 th birth day this year. The first GO Train rolled out along Lake On tario s shore line on May 23, 1967 when the ser vice counted 8,000 pas sen gers a day or 2.5 mil lion a year. By the year 2000, train and bus ridership had climbed to 40 mil lion. In 2011, GO Tran sit counted 61 mil lion train and bus rid ers. By Jan u ary of this year, GO Tran sit re ported an av er age week day ridership of 219,000 pas sen gers 166,000 on GO Trains and 53,000 on GO Buses. De spite the growth of the sys tem, GO Tran sit gets the vast ma jor ity of its train pas sen gers to their des ti na tions on time. GO Trains boasted an on-time per for - mance for rush hour trains of 95 per cent in March. Ed wards says that with that sort of on-time re cord, the re fund plan is ex pected to cost the tran sit agency $6 to $7 mil lion, in clud ing loss of an nual rev e nue, cap i tal costs to im ple ment soft ware changes on A GO Transit passenger at transit window. (Photo: Cour tesy of GO Transit) the PRESTO pay ment sys tem to au to mate re funds, and op er at ing costs for ex tra staff - ing to pro cess re im burse ment and answer customer questions. GO Transit isn t the first organization to of fer a money-back guar an tee to lure cus tom ers. Ed wards notes that as of 2011, Metrolink in Los An geles was of fer ing re - funds for de lays of 60 min utes or more, SEPTA in Phil a del phia was of fer ing re - funds for de lays of 15 min utes or more, and Vir ginia Rail way Ex press was giv ing re - funds on delays of 30 minutes or more. For more in for ma tion, visit: /go-transit-service-guarantee-begins-thisfall or con tact Malon Ed wards at (416) or malon.edwards@metrolinx.com. EV Rental Sys tem and Smart Park ing Ga rages En vi sioned in China Plan Would Put 100,000 Rental Cars in Place in Hangzhou A Chinese electric vehicle manufacturer is en vi sion ing a day when 100,000 Pure EVs will be avail able for rent in the city of Hangzhou from cen trally op er ated smart ver ti cal park ing and charg ing fa - cilities. Kandi Tech nol o gies, Corp., a lead ing Chi nese maker of EVs and all-ter rain ve - hi cles, pre sented the re sults of its nine-month-long fea si bil ity study to top Chi nese gov ern ment of fi cials and other en vi ron men tal and trans por ta tion ex perts at a sem i nar in Beijing last month. Its plan is de signed to help re lieve traf fic con ges - tion in the city and ad dress prob lems with park ing and environmental pollution. Xiaoming Hu, Chair man and CEO of Kandi, says that in the Kandi model, only Pure EVs would be made avail able to the pub lic as rental cars. The rental ser vice would be con nected with an au to mated park ing sys tem at ver ti cal park ing ga rages to be built in key lo ca tions through out the city, such as the air port, train sta tions, busi ness cen ters, apart ment com plexes and other cen ters of com mu ter traf fic. A key to the plan would be the smart au to - mated mechanical parking system. Please turn to Page 5

5 THE URBAN TRANSPORTATION MONITOR, JUNE 29, 2012, VOL. 26 NO. 5 Page 5 Vir ginia DOT Finds Crowd-Sourced O-D Data to be More Cost Effective than License Plate Recordings Ac cu racy is Sim i lar but Cost of Data is Sig nif i cantly Less Vir ginia s De part ment of Trans por ta tion is us ing TomTom s Or i gin-des ti na tion (O-D) data to try to im prove traf fic con di - tions for peo ple go ing through the heavily traveled corridor where Interstates 95 and 64 over lap in the heart of the state s cap i tal. The seven-mile cor ri dor through Rich - mond can be come a chokepoint for trav el - ers head ing north, south, east and west. Last sum mer, VDOT ini ti ated a ma jor study of this over lap sec tion. TomTom spokes woman Maureen Wil liams ex plains that be cause of the high vol ume of traf fic in the cor ri dor and the high den sity of in ter - changes, VDOT de cided to con struct a detailed micro simulation model to better un der stand the op er a tional is sues and test potential alternations. She notes that in build ing the model, it was im por tant to understand where travelers were entering and exiting the study area." Wil liams ex plains that VDOT weighed TomTom s O-D data against re cord ing li - cense plates with au to mated li cense plate rec og ni tion (ALPR) tech nol ogy and match ing them to ob tain the O-Ds. They found the re sults to be com pa ra ble in terms of ac cu racy. How ever, when it came to cost, Wil liams says VDOT rec og nized that TomTom s data could be ob tained for a frac tion of the price. Thomas Phillips, a for mer op er a tions of fi cial at VDOT, con - firmed this by say ing that TomTom s data showed con sid er able sav ings when com - pared to us ing ALPR to ob tain O-D data. In fact, a VDOT spokes woman says the agency spent $10,000 for the TomTom data and $236,000 for ALPR. VDOT says the I-95/I-64 over lap cor ri - dor is one of the old est stretches of in ter - state high way in Vir ginia and was not built to mod ern in ter state stan dards. A VDOT report notes the area experiences signifi - cant ca pac ity and safety prob lems. In study ing the prob lem area, TomTom pro - vided VDOT with data that in cluded travel time in for ma tion per road seg ment for in di - vid ual days of the week and dif fer ent times of day as well as an O-D ma trix. These were main com po nents of build ing a sim u la tion model us ing VISSIM soft ware that ac - counts for traf fic vol umes that vary by time of day and day of week. Us ing the TomTom data, VDOT is es - tab lish ing short, in ter me di ate and long-term goals for im prov ing travel con di - tions through the cor ri dor. Steps may in - clude in ter change im prove ments, lon ger The VDOT study area where TomTom O-D was ap plied. (Photo: Cour tesy, VDOT) ac cel er a tion/de cel er a tion lanes, lon ger merge/weave lanes, emer gency shoul - der/pulloffs and ITS improvements. For more in for ma tion, con tact: Maureen Wil liams at (603) , ext or Maureen.williams@tomtom.com or Dawn Eischen at Dawn.Eischen@vdot.virginia.gov. Con tin ued from Page 4 EV Rental, Smart Park ing Ga rages En vi sioned in China Hu ex plains that the fully in te grated sys - tem would al low for mon i tor ing, charg ing and main te nance of EVs, park ing, an en - ergy sup ply and an au to mated mech a nism for han dling all re lated trans ac tions. The sys tem would in clude ve hi cle lo cat ing de - vices to en sure easy ar riv als, de par tures and safe park ing. The elec tronic cars would be charged au to mat i cally while they are parked. Kandi touts the ef fi ciency of the pro - posed sys tem, which would pro vide cen - tralized management of battery charging, main te nance and rent col lec tion. It also notes how well the sys tem would uti lize land in an ur ban set ting. The com pany says only 0.5 square me ters of space would be needed in a park ing fa cil ity for each ve hi - cle so that 200 ve hi cles could be parked in 100 square meters of space. Hu calls the plan a re mark able rev o lu - tion when it co mes to traf fic con di tions in the city. He says the fea si bil ity study found the plan could of fer sub stan tial im prove - ments in traf fic man age ment and emis - sions. Mo tor ists would also ben e fit from the time and ef fort they would save in try - ing to find a parking space. Hangzhou was deemed an ap pro pri ate test area for the five-year plan, and if it s suc cess ful there, Hu be lieves it could be widely pro moted else where. He notes that Kandi is al ready in volved with the Hangzhou gov ern ment in co op er a tive ef - forts with oth ers, such as Sate Grid and Air China group, in im ple ment ing an EV bat - tery swap ping model to launch 20,000 EVs into the mar ket. The com pany sees this ef fort as a good foun da tion for build ing an EV rental network. The Chi nese gov ern ment has ap - proved the sale of Kandi EVs in China since 2010, and Kandi s COCO elec tric ve hi cle is be ing sold in the U.S. Kandi de - scribes the COCO EVas a highly eco - nomical, beautifully designed, all-electric super mini-car for neigh bor hood driv ing and com mut ing. It co mes in both con - vert ible and hardtop models. For more in for ma tion, visit: or zpor_hlt _hlt tbm _1_BM_2_alFG/po_Hlt _Hlt rBM_3_BM_4_tal/html/inde x.html or con tact IR@kandigroup.com.

6 THE URBAN TRANSPORTATION MONITOR, JUNE 29, 2012, VOL. 26 NO. 5 Page 6 INRIX Re ports Traf fic Con ges tion De clined Last Year Drop At trib uted to Fuel Prices, Un em ploy ment, Stim u lus Pro jects and Less Road Con struc tion The INRIX Traf fic Score card An nual Re - port for 2011 has found traf fic con ges tion de creased by 30 per cent over 2010 lev els. INRIX says the last time traf fic con ges tion dropped by 30 per cent was in 2008, when the coun try fell into the worst eco nomic re - ces sion since the Great De pres sion. The 2009 and 2010 re ports found the drop in con ges tion had ended and was be gin ning to slowly rise as the econ omy started to re - cover. Cit ies that out paced the na tional av - er age in em ploy ment growth saw the big - gest in creases in traf fic con ges tion. Those with lower than av er age fuel prices also ex pe ri enced more con ges tion on the roads. In 2011, the INRIX In dex for the U.S. was 7.1. The fig ure in di cates that dur ing peak driv ing times, the av er age trip for driv ers on the roads an a lyzed in the 100 larg est re - gions in the United States took seven per - cent lon ger than if there was no con ges tion. The INRIX In dex for 2010 was 9.7. The In dex in 2007, be fore the re ces sion, was at a re cord The INRIX In dex rep re sents a ba rom e ter of con ges tion in ten sity. For a road seg ment with no con ges tion, the INRIX In dex would be zero. Each ad di - tional point in the INRIX In dex rep re sents a per cent age point in crease in the av er age travel time of a com mute above free-flow con di tions dur ing peak hours. An INRIX In dex of 30, for ex am ple, in di cates a 20-min ute free-flow trip will take 26 min - The Ten Worst Met ro pol i tan Ar eas in Terms of Traf fic Con ges tion in the U.S. City INRIX In dex Value* Ho no lulu, HA 24.0 Los An geles, CA 23.8 San Fran cisco, CA 20.1 New York, NY 18.1 Bridge port, CT 16.4 Aus tin, TX 15.2 Wash ing ton, DC 15.1 Se at tle, WA 14.9 Chi cago, IL 13.3 Boston, MA 13.0 Note: * The INRIX In dex value is a per cent age in crease in travel time over free flow travel time dur ing the peak 4 hours in the a.m. and the peak 4 hours in the p.m. utes dur ing the peak travel time pe ri ods with a 6-min - ute (30 per cent) in crease over free-flow. INRIX re ports that it uses two key build ing blocks to de ter mine the con ges tion rates. The first is Ref er ence Speed (RS), which is the uncongested free flow speed for each road seg ment that is de ter - mined us ing the INRIX Traf fic Ar chive. The ar - chive is de scribed as the source of Big Data, which is typ i cally sev eral years of his tor i cal crowd-sourced traf fic in - for ma tion gath ered from actual vehicles and mobile de vices trav el ing the na - tion s road net works. Tens of bil lions of data points have been col lected and ar - chived by INRIX s Traffic Intelligence platform. The other con ges tion rate build ing block is Hourly Av er age Speed (HS). Ac cord ing to INRIX s re ported meth od - ol ogy, all ar chived speeds for each 15-min - ute pe riod each day for each road seg ment is cal cu lated for each month, and an av er - age speed for each time slot is es tab lished for each road seg ment. Ev ery seg ment has 672 cor re spond ing hourly av er age speed val ues which rep re sent four, 15-min ute time win dows for all 24 hours of each day, times the seven days in a week. For each road seg ment, an INRIX in dex is cal cu - lated for each 15-min ute time pe riod us ing the for mula INRIX In dex = ((RS/HS) 1)*100. For each Met ro pol i tan Area, an over all level of con ges tion is de ter mined for each of the 40 peak hours by de ter min - ing the ex tent and amount of average congestion on the analyzed road network. Here are some in ter est ing find ings by INRIX: Tues day at 8 a.m. was the busi est morn - The H1 freeway in Honolulu experiences less congestion with the contralow lane shown here, but overall, INRIX data show that Honolulu has the worst level of congestion in the U.S. ing com mute hour Fri day at 5:30 p.m. was the busi est eve - ning com mute hour, where the av er age trip took 16 per cent lon ger. Each week day morn ing, over all na - tional con ges tion peaks be tween 7:45 and 8:00 a.m. Over all na tional eve ning con ges tion peaks be tween 5:30 and 5:45 p.m. Ac cord ing to the INRIX data, the 2011Top Ten Worst Cit ies for Traf fic in Amer ica and hours wasted were: Ho no - lulu, Los An geles, San Fran cisco, New York, Bridge port, Con nect i cut, Wash ing - ton, D.C., Se at tle, Aus tin, Boston and Chi - cago. The num ber of hours wasted ranged from 58 in Ho no lulu to 36 in Chicago. For more in for ma tion, visit: ult.asp.

7 THE URBAN TRANSPORTATION MONITOR, JUNE 29, 2012, VOL. 26 NO. 5 Page 7 Salt Lake City's New Website for Bi cy clists Provides Useful Information Bi cy clists Can Get In for ma tion on Safety and Best Routes to Travel Bi cy clists in Salt Lake City now have their own of fi cial website to ac cess a va ri ety of in for ma tion about the best ways to cy cle through their city. The Salt Lake City Trans por ta tion Di vi sion un veiled the new site last month dur ing Utah Bike Month and Na tional Bike to Work Week. Bicycle/Pedestrian Coordinator Becka Roolf says the Trans por ta tion Di vi sion de - vel oped the website to make bi cy cling route and bi cy cle safety in for ma tion more ac ces si ble and user-friendly. The site, of fers maps, pro ject in - for ma tion and safety tips in a vi su ally ap - peal ing style that ca ters to the spe cific needs of bi cy clists. Roolf notes that bi cy - clists need dif fer ent in for ma tion than mo - tor ists, such as how to use quiet streets as alternatives to heavy-traffic arteries. Ac cord ing to Roolf, sur veys have found that about three per cent of Salt Lake City residents commute regularly by bicy - cle, and state wide, about eight to nine per - cent of Utah res i dents re port com mut ing by bi cy cle oc ca sion ally in nice weather. No mat ter the weather, the new website can pro vide up dated in for ma tion about the best places to ride, in clud ing multi-use paths, and how to do it safely. Roolf says the site also in cludes some key tips that were orig i nally pub lished on the Salt Lake City Bike ways Map, in clud ing the cov - eted in for ma tion about how to trip a traf fic sig nal to give a green light. Both lo cals and tour ists can ac cess the Cy cle the City tour and learn how to ac cess many of Salt Lake City s big gest tour ist attractions by A bi cy cle traffic signal in Salt Lake City. (Photo: Cour tesy of the Salt Lake City Trans por ta tion Di vi sion) A bi cy cle turn box in Salt Lake City. (Photo: Cour tesy of the Salt Lake City Trans por ta tion Di vi sion) bicycle. The website is just part of the ef fort the SLC Division is making to improve the bicycling experience in the city. Roolf says last year, the city added nearly 50 miles of new bike ways us ing the lat est in bike way de sign. This year, a pro tected cy - cle track de sign is be ing tested on three blocks along an ex ist ing bike lane in or der to fine tune the de sign and main te nance. If suc cess ful, the de sign could be ex panded in the down town area in the fu ture. Steps also are be ing taken to im prove safety at in ter sec tions the most com mon con flict point for both bi cy clists and mo tor - ists. Roolf says a bi cy cle traf fic sig nal at the south end of one of the city s most pop u lar parks is im prov ing con nec tions to the sur - round ing neigh bor hoods and will be in cor - po rated into the up com ing 600 East Bi cy cle Bou le vard. Bi cy clists can get a spe cial bi - cy cle green signal after pushing a button. A sec ond in ter sec tion safety in no va tion is a bike turn box. Roolf ex plains, The bike turn box pro vides bi cy clists with an op por - tu nity to make a safe and le gal left-hand turn at an in ter sec tion where a ve hic u lar left turn is not per mit ted due to the cen - ter-run ning light rail (TRAX). Bi cy clists pro ceed south on Main Street, then use the turn box as a wait ing area to go with traf - fic on 200 South after the signal changes. Fi nally, Roolf says the Trans por ta tion Di vi sion is ex pand ing its safety out reach pro grams with bi cy cle com mu ter pit stops, light pro mo tions, bike lane safety mes sages and bike rack stick ers, each fea - tur ing a safety tip and website address. The Trans por ta tion Di vi sion hopes the new website will also help the en vi ron - ment by en cour ag ing more sus tain able choices for res i dents and vis i tors. A down load able map on the site shows bike routes, pub lic tran sit, trail heads, sites of interest, farmers markets, local parks, open space, com mu nity gar dens and many other places that high light the lo cal fla - vors that make Salt Lake City an in ter na - tion ally-rec og nized green city. For more in for ma tion, visit: or con tact bikeslc@slcgov.com.

8 THE URBAN TRANSPORTATION MONITOR, JUNE 29, 2012, VOL. 26 NO. 5 Page 8 Product and Industry News Cor po rate Vanpooling Ser vice vride Shows In creases in Cus tom ers and Vanpools; Pro vides Full Ser vice to Es tab lish and Sup port Vanpooling The na tion s larg est cor po rate vanpooling ser vice, vride, has launched a new cam - paign to en cour age driv ers of sin gle oc cu - pant ve hi cles (S.O.V.) to con sider a switch to carpooling or vanpooling. Its goal by the end of 2013 is to get a mil lion cars off the road each day. vride pro vides ser vices to both in di - vid u als and com pa nies. Po ten tial cus tom - ers can visit the com pany website, to cre ate their own pool - ing groups. Prices vary based on fac tors such as the num ber of peo ple in the van pool, the size of the ve hi cle and the state in which the van pool ex ists, since some states of fer pub lic sub si dies to help vanpoolers save money. In ad di tion, some em ploy ers will cover a portion of the costs. A vanpool typ i cally con sists of five to 15 peo ple who share the costs of op er at ing the van. Ac cord ing to vride, the av er age cost for a rider is $120 to $140 a month. That adds up to an an nual sav ings of up to $5,200 over the price of driv ing solo. vride owns the vans and pro vides in sur - ance, main te nance, re pairs, li cense and reg is tra tion. Cus tom ers des ig nate pri mary driv ers and coordinate schedules. If there s an emer gency and a com mu ter needs to leave work be fore their fel low vanpoolers, vride pro vides a guar an teed ride home program. Rid ers can take a cab A vride vanpool vehicle. (Photo: Cour tesy of vride) and sub mit for re im burse ment or be placed on an other route for the day. The vanpooling com pany says ride shar - ing in gen eral is grow ing in pop u lar ity. vride says its busi ness tri pled dur ing cer - tain times of the year in 2009 due to fluc tu a - tions in gas prices, and its ridership con tin - ues to grow. A spokes woman says vride is ex plor ing ad di tional value-added ben e fits to meet its rid ers needs, such as Wi-Fi. In a press re lease, vride quotes Kristina Valenzuela, Caltech Man - ager, as hail ing vride for of fer ing a so lu - tion to help ease the is sue of traf fic con ges - tion, while also al low ing our em ploy ees to share the ride and have a stress-free com - mute. Valenzuela says, vride is a great ben e fit to our em ploy ees, but it also has a tre men dous im pact on our environment. The com pany got its start in 1977 as the Chrys ler Em ployee Vanpool Pro gram. As em ploy ees got onboard the pro gram, Chrys - ler or ga nized a sub sid iary com pany with the mis sion to pro vide in no va tive trans por ta - tion so lu tions to oth ers. vride now boasts an op er a tion uti liz ing nearly 6,000 vans nationwide. For more in for ma tion, visit: or or con tact Anne Tramer at anne.tramer@hkstrategies.com. New Park ing App from Streetline Adds Additional Features Streetline, Inc., has re leased Parker 3.0, its new est app for the iphone and An droid markets. The old ver sion of the Parker app had al - ready been help ing mo tor ists lo cate park ing by pro vid ing real-time in for ma tion about the avail abil ity of on-street park ing at spots equipped with Streetline sen sors or off-street park ing at lots and ga rages that are part of Streetline s ParkEdge ga rage man - age ment sys tem. Parker 3.0 adds new fea - tures, in clud ing dy namic pric ing, voice guid ance, search op tions for elec tric ve hi cle charg ing, hand i capped park ing and points of interest parking spots. Streetline CEO Zia Yusuf says Parker 3.0 helps to fur ther en hance the user ex - pe ri ence by add ing more park ing spots to the sys tem and giv ing us ers more ways to fil ter their search. Yusuf be lieves that as more ve hi cles use in-car nav i ga tion and more cit ies de ploy sen sors to pro vide real-time park ing data, search ing for park ing will be come a thing of the past. With Parker 3.0, mo tor ists can re fine their searches by set ting cri te ria such as find ing off-street spots that of fer EV charg ing sta tions and ac cept mo bile pay - ments that are near a point of in ter est such as an air port, uni ver sity, shop ping cen ter, pub lic tran sit, hos pi tal or trendy neigh - bor hood. Mo tor ists can re ceive an au di - ble queue when an open space is nearby and tog gle be tween avail abil ity and real-time pric ing as prices change or get updated. Thrifty mo tor ists can get ac cess to cou pons and avail able park ing spe cials. For get ful mo tor ists can use the Park Now but ton to note where they park their car and later find guid ance back to that car. Park Now can set re mind ers, take a photo and add notes about the lo ca tion. Have a fa vor ite spot or one to avoid in the fu ture? Parker can save park ing his tory data for ac cess at a later time. Streetline notes that the search for park ing adds much more con ges tion and pol lu tion to a city than most peo ple re al - ize, while wast ing plenty of gas. It re ports that a year-long study in Los An geles found that driv ers in a 15-block dis trict drove in ex cess of 950,000 miles in their search for park ing. They pro duced 730 tons of car bon di ox ide and used 47,000 gallons of gas. Los An geles and In di a nap o lis cur - rently have the larg est de ploy ments of Parker apps. How ever, Streetline notes the sys tem can be found in cit ies through - out the U.S., in clud ing Knox ville, San Fran cisco and Wash ing ton, D.C. The full list of lo ca tions can be found by click ing on the city list in the up per left cor ner of the app. Cit ies with real-time data are Please turn to Page 9

9 THE URBAN TRANSPORTATION MONITOR, JUNE 30, 2012, VOL. 26 NO. 5 Page 9 Product and Industry News (continued) are marked with a 4+ sym bol in the di rec - tory. Streetline counts tens of thou sands ofcus tom ers and says the new Parker 3.0 app is avail able as a free down load on Google Play or at the itunes Store. It is cur rently op ti mized for se lect An droid de - vices, but ad di tional An droid de vices are be ing added on an on go ing ba sis. The list of sup ported An droid de vices is avail able at For more in for ma tion, visit: parker-mobile/ or con tact Shan non Wilsey at (415) or Shan - non@sparkpr.com. Con tin ued from Page 1 Maryland Considering All Electronic Tolling prop erty and en vi ron men tal im pacts and the traffic composition at each facility, which in cluded traf fic vol ume, E-Z Pass us age and the per cent age of out-of-state ve hi cles and heavy trucks. Other fac tors that were con sid ered in clude rev e nue loss from un read able or uncollectable tolls and the costs of main te nance, op er a tions and transactions. Kelly Melhem, Dep uty Di rec tor of Com mu ni ca tions for the MDTA, says that if the sys tem did go com pletely elec tronic, ve hi cles with out tran spond ers would be ac com mo dated the same way they are cur - rently be ing ac com mo dated on Mary - land s new Intercounty Con nec tor (ICC)/MD200, which is an AET high way near Wash ing ton, DC. Driv ers who don t have E-ZPass pay by video toll ing. An im - age is taken of the ve hi cle li cense plate, and the owner is tracked down through mo tor ve hi cle re cords and mailed a No tice of Toll Due. Video toll rates are 50 per cent higher than the base rates to help cover the higher costs of col lect ing the tolls. Cus tom ers who don t pay within the 30-day grace pe riod are charged a $25 ad min is tra tive fee per trans - ac tion. The MDTA is in the ini tial stage of mov ing to ward a civil ci ta tion pro cess that would in volve a civil penalty for each transaction not paid within the 30 days. In fis cal year 2011, there were about 1.2 mil lion un paid toll trans ac tions, which Melhem says rep re sented about one per cent of all toll trans ac tions. The No tice of Toll Due trans ac tions were val ued at ap prox i - mately $2.6 mil lion. About 68 per cent have been paid, and the MDTA is work ing on A regular toll plaza in the MDTA system that can be fully or partially demolished if Maryland decides to convert to electronic toll collection. (Photo: Cour tesy of the MDTA) col lect ing the re main ing out stand ing tolls. Of course, video toll ing only works when a use able li cense plate im age can be ob tained. The MDTA es ti mates that ap - prox i mately eight per cent of its video toll transactions are uncollectable. The Mary land AET study is ex pected to be com pleted this fall. The sec ond phase is now un der way to de ter mine what would be needed be yond the phys i - cal con struc tion to im ple ment AET. This part of the study is fo cus ing on mar ket ing and ed u ca tion, transitioning and re train - ing staff, and re us ing and main tain ing MDTA s build ing struc tures. The fi nal part of the study will in volve set ting MDTA s pri or i ties for pro gram ming, fund ing and im ple ment ing AET across the sys tem. The study au thors are set ting priorities for facility conversion, but they will not make a rec om men da tion about whether to fund the con ver sions. That will be included in the Capital Program development process. If a con ver sion pro gram even tu ally gets the green light, the study s au thors have rec om mended that the I-695/Fran - cis Scott Key Bridge get top pri or ity in the tran si tion. They would give me dium con - sid er ation to I-95/JFK High way, US50/301/Wil liam Pres ton Lane, Jr. Me - mo rial Bridge and I-95-/Fort McHenry Tun nel. The ini tial study gives the low est con sid er ation to the I-895/Bal ti more Har bor Tun nel, US 301/Nice Bridge and US 40/Hatem Bridge. For more in for ma tion, visit: Schedules/Meeting_Minutes/CapComm _Meeting_Minutes_ pdf (pages 7-9) or con tact mdta@mdtransportationauthority.com.

10 THE URBAN TRANSPORTATION MONITOR, JUNE 29, 2012, VOL. 26 NO. 5 Page 10 Tort Liability: Case in Review Ruling on Whether Traffic Management During Maintenance is Ministerial or Discretionary in Nature In a re cent case, the Su preme Court of New York County ruled on whether traf fic reg u - la tion acts by a mu nic i pal em ployee were dis cre tion ary and there fore im mune from liability. The case arose when a cy clist sought dam ages for in ju ries sus tained when she hit a pot hole. At the jury trial she was awarded dam ages for past and fu ture pain and suf fer ing and past and fu ture med i cal ex penses, de spite the jury also find ing her to be 40 per cent neg li gent and that this neg li gence was a sub stan tial fac tor in caus - ing her own injuries. City ap pealed on the grounds that plain - tiff had not es tab lished a prima fa cie case and moved to have the fu ture med i cal ex - penses set aside, ar gu ing that the award was against the weight of the evidence. Plain tiff was in jured in 2005 when she rode her bi cy cle into a large pot hole while bik ing un der an over pass on a trans verse cut ting through Cen tral Park in New York City. She and her cy cling part ner had been given per mis sion to use the trans verse by a New York City De part ment of Trans port Main te nance Su per vi sor, who was set ting up a bar ri cade to block ve hic u lar traf fic on the road way be fore re pair ing a section of the road. Plain tiff main tained the City, as the owner of the trans verse, was un der a duty to keep it safe and in good con di tion. She al leged it had re ceived prior writ ten no tice of the street s dan ger ous con di tion but failed to rem edy this timeously. At the time of the ac ci dent, a main te - nance team was set ting up to be gin re pairs to a re ported spe cial con di tion, i.e. a de - fect big ger than a pot hole. Ac cord ing to the re port, the con di tion was in the east - bound lanes, but ac cord ing to the Su per vi - sor s tes ti mony, it was en tirely within the west bound lane and the work done that day was in the westbound lane only. The Su per vi sor tes ti fied he and his crew en tered the trans verse at the op po site (east - ern) end to where plain tiff later en tered, at ap prox i mately 7a.m., and closed off the west bound lane with cones. They then drove west un til they found the con di tion un der the over pass, then con tin ued to the west end of the trans verse (the point at which plain tiff en tered) to close the street. Here they found the east bound lanes al - ready closed off by a po lice bar ri cade, set up in prep a ra tion for the New York City Mar a thon to be run the next day. This meant the street was now closed to ve hic u - Please turn to Page 11 Con tin ued from Page 1 Games of Chance Be ing Used to Lure Trav el ers to Off-Peak Hours makes the in di vid ual re ward lu cra tive enough to change. Un like lot tery win ners, Capri win ners won t get pay outs that can change their lives. How ever, Prabhakar says the prizes may help cover com mut ing costs think of gas charges and park ing fees. He ex plains that the Stan ford pro gram not only uses the lot tery idea to en cour age a change in be hav ior, it in cor po rates two other fac tors to make it more ap peal ing. Par tic i pants get more in volved be cause the sys tem is self-ad min is tered. It also of fers a so cial com po nent, and Prabhakar says re - search has shown that when friends are added to a pro gram, behavior is better. For those who may find it hard to change their be hav ior ev ery day, the pro - gram en cour ages com mu ters to change their be hav ior at least once a week by giv - ing them an op por tu nity to se lect a day to be their boost day. On that day, driv ers who travel be fore or af ter the peak hours earn tri ple the amount of regular credits. Prabhakar says the pro gram has only been run ning since early April, so it s too soon to re port on re sults. How ever, he says plans are al ready un der way to ex pand the pro gram dur ing the school s fall or win ter ses sion to try to shift cars from con gested park ing ar eas to those with fewer cars. Sin ga pore s pro gram is called INSINC, which stands for In cen tives for Sin ga pore Com mu ters, and it is sim i lar in style to the pro gram at Stan ford. Com mu ters who hold cer tain tran sit cards can go on line and ap ply for the pro gram. Once ac cepted, par - tic i pants re ceive cred its for all trips made on the Mass Rapid Tran sit (MRT) and Light Rail Tran sit (LRT) sys tems. Cred its can be used to win cash re wards, and the re wards are trans ferred each month to their EZ-Link fare cards. INSINC pays one credit for each ki lo - meter traveled. However, travelers who shift to shoul der hours can earn three cred - its per ki lo me ter. This sys tem also al lows com mu ters to choose a boost day. Trav - el ing dur ing off-peak hours on the boost day pays off to the tune of five cred its per kilometer. The Sin ga pore pro gram has al ready paid out over $100,000 in prizes. More than 11,000 peo ple have re ceived a $1 prize, more than 300 have won $50 and around 50 have taken home the top prize of $100. The experimental Singapore program began in Jan u ary and ends next month. Prabhakar says, there have been some dis - cus sions about ex tend ing it, but there s no news yet. The pro gram is show ing re sults. He es ti mates about 10 per cent of trav el ers have shifted from peak to shoul der travel times. Prabhakar is work ing on the in cen tives programs with Associate Professor Mehul Motani and Pro fes sor Chua Kee Chaing of the National University of Singapore s Depart ment of Elec tri cal and Com puter En gi - neer ing, and Stan ford PhD stu dent Naini Gomes. The study is also be ing sup ported by EZ-Link, Am a zon Web Ser vices, the Stan - ford Cen ter for So ci etal Net works and SMRT. For more in for ma tion, visit: or or con tact Balaji Prabhakar at balaji@stan ford.edu.

11 THE URBAN TRANSPORTATION MONITOR, JUNE 29, 2012, VOL. 26 NO. 5 Page 11 Con tin ued from Page 10 Tort Liability lar traf fic in both di rec tions. They be gan set ting up their own bar ri - cade on the west bound lanes; while do ing this, they were ap proached by two bi cy - clists who asked if they could still go through. Su per vi sor granted this be cause the work ers were still setting up. Cy clists both tes ti fied that hav ing en - tered the trans verse with per mis sion, there were no warn ing signs, work ers, trucks, equip ment, or any thing in the view ahead of them to sug gest it was not safe to proceed. At the area of the over pass, rid ing east into the early morn ing sun, plain tiff saw a large pot hole in the cen ter of the road way which she moved to the left to avoid, and then rode into a big ger hole, where she crashed. The road way un der neath the tun - nel was not vis i ble be cause of the con trast be tween the sun out side and the dark ness of the tunnel itself. Nevertheless plaintiff s cy cling part ner rode through safely, avoiding both potholes. Once they had com pleted set ting up their own bar ri cade, the crew trav elled back to wards the con di tion and came across the ac ci dent. The jury trial found the road way was not in a rea son ably safe con di tion, but the City had nei ther caused or cre ated the con - di tion nor re ceived timely writ ten no tice of the con di tion. They ap por tioned neg li - gence at 60 per cent to the Su per vi sor for per mit ting plain tiff to en ter the trans verse and 40 per cent to plain tiff. In both cases the neg li gence was deemed a sub stan tial fac tor in causing injuries to plain tiff. City ap pealed, ar gu ing: the Su per vi sor was act ing in his dis cre - tion ary gov ern men tal ca pac ity to con - trol traf fic, for which the City is im mune from a find ing of neg li gence; al ter na - tively even if it was de ter mined that traf fic reg - ulation in this matter was ministerial in na ture rather than dis cre tion ary, plain - tiff had not al leged and did not prove that it owed her a spe cial duty of care such as would cause it to be li a ble for her damages. Plain tiff ar gued that the Su per vi sor s ac - tion, which oc curred dur ing his work as part of the DOT crew sent to re pair the street, sub jected the City to li a bil ity, as street re pair work by a gov ern men tal agency is pro pri etary in na ture i.e. an ac tiv - ity tra di tion ally en gaged in by the pri vate sector. She main tained that case law showed that when the un der ly ing mu nic i pal func - tion is main te nance or re pair of streets and road ways, then a mu nic i pal ity is held to the same stan dard of care as any person. She there fore con tended that be cause the un der ly ing func tion at is sue was street re pair, the City was li a ble for Su per vi sor s fail ure to warn. City re plied by ar gu ing that the Court of Ap peals has found that li a bil ity is gov erned by the spe cific act or omis sion and the ca - pac ity of the ac tor, and not by whether the agency in volved was en gaged in pro pri - etary ac tiv ity or was in con trol of the lo ca - tion where the injury occurred. On ap peal, the Su preme Court held that traffic regulation is a classic example of a gov ern men tal func tion un der taken for the pro tec tion and safety of the pub lic and noted many pre vi ous cases con cern ing traf - fic management actions by police officers in the course of their duty which had been held to be im mune from li a bil ity. It listed various actions, in clud ing: keep ing a street safe by clos ing the road - way; re di rect ing traf fic; plac ing warn ing cones near a dan ger ous con di tion; con fig ur ing bar ri cades at pub lic events; plac ing road flares to di rect traf fic as be ing ex am ples of dis cre tion ary gov ern - men tal func tion. It held that the spe cific act plain tiff was hold ing City li a ble for was Su per vi sor s fail ure to warn, and not the ex is tence of the pot holes or how they were cre ated, nor whether the City had prior writ ten no tice of their ex is tence, nor the act of re pair ing the street. It found that the Su per vi sor ex er cised dis cre tion both in de cid ing to close the trans verse in both di rec tions and in per mit - ting plain tiff to ride through. His in ac tion oc curred while he was im ple ment ing his de ci sion to close the trans verse to ve hic u lar traf fic. As a DOT Su per vi sor, he had au - thor ity to man age street traf fic for the safety of the public. It ac cepted City s ar gu ment that the act of man ag ing pe des trian and ve hic u lar traf - The 65th Street Trans verse in Cen tral Park, NYC. (Photo: Cour tesy of Google, Inc.) fic in the fur ther ance of pub lic safety is al - ways a discretionary governmental action and that when of fi cial ac tion in volves the ex er cise of dis cre tion, the of fi cer is not li - a ble for the in ju ri ous consequences of that action. It also found that that the street was pass able, as plain tiff s cy cling part ner rode safely through with out in ci dent. Fi nally, it re jected plain tiff s claim that as she re lied on Su per vi sor s grant ing per - mission a special relationship existed be - tween the par ties, which would ren der City li a ble for her in ju ries based on his duty to warn. It found the Su per vi sor had made no prom ises what so ever, and his ac tion in grant ing them per mis sion to bike through the trans verse did not by it self es tab lish a vol un tary un der tak ing of a duty to act on her behalf. More over, it re af firmed that dis cre - tion ary gov ern men tal ac tion is never a ba - sis for liability, and ministerial action may be only if it vi o lates a spe cial duty owed to the plain tiff, apart from any duty to the public in general. In sum ming up, the Court held that the ac tion of the City s em ployee in per mit - ting a bi cy clist to en ter a con struc tion area was dis cre tion ary; it there fore or dered that the trial court ver dict be set aside and judg ment en tered in fa vor of the City.

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