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PRESERVE - Protect Residential Environments with Sensible Engineering and Residents' VoicEs

 

INTERCHANGE STUDY FRAUD INQUIRY BY U.S. INSPECTOR GENERAL

 

 

AN OPEN LETTER TO COMMISSIONER COGLIANO

 

 

Dear Commissioner Cogliano:

The purpose of this letter is to inform you that the Office of Inspector General (O.I.G.), U.S. Department of Transportation (DOT) has initiated an inquiry into the Massachusetts Highway Department (MHD) for allegedly committing fraud in the use of accident data known by the MHD to be worthless.

The attached paper documents the following facts (See reference below). The MHD, along with three other state agencies, conducted a statewide audit of accident data in 2001. The audit showed that accident reports consistently had too many missing elements (e.g., accident location, vehicle type) to be useful for highway safety analysis. A new accident report form was deployed starting in 2002. However, the MHD repeatedly used worthless accident data collected prior to 2002 for I93/95 interchange feasibility study activities during 2002, 2003, 2004 and 2005. The MHD never told members of the I93/95 community about the accident data audit. Further, its use by the MHD and its consultants (Edwards & Kelcey and The Louis Berger Group) implied engineering acceptability.

This repeated, deliberate use of worthless accident data by your department can lead to alternative interchange designs that are less safe than the current interchange. Clearly, this action on the part of the MHD represents a serious disregard for public safety.

The attached paper shows that the MHD and its consultants did use worthless accident data. There is no doubt about this fact. This act represents a serious, prolonged deception that may be legally characterized as fraud. Thus, the attached paper (and paper copies of all reference materials) was presented to the O.I.G. for their review. Subsequently, they initiated an inquiry into this matter to determine whether federal violations have occurred. I will send you the case number and point of contact information separately.

If the O.I.G does not find in favor of fraud by the MHD, one should ask why. Was this because no one thought to enact a law prohibiting the use of worthless accident data for safety improvement projects? Was there a general presumption that state DOT’s would have the moral decency to use quality accident data, and, thus, no such law was required?

The accident data collected from 2002 onward may or may not be an improvement compared to the accident data gathered prior to 2002. However, that cannot be known until a formal accident data audit is conducted. Has the MHD conducted such an audit?

Please explain why the MHD has not lost its credibility and why this current feasibility study should not be terminated immediately. Also, please respond in writing to the 11 questions in Section 6 of the attached paper.

This paper has been written with the full knowledge and agreement of the citizen’s initiative groups PRESERVE (Protect Residential Environments with Sensible and Resident’s Voices) and THAG (Tri Community Highway Action Group).

 

Jeffrey H. Everson, Ph.D.

Principal Investigator, Intelligent Transportation Systems (ITS)

Member: PRESERVE, I93/95 Task Force

Reading, MA 01867

781-944-3632 (home); 781-684-4247 (work); cnj4@aol.com

 

March 28, 2005

 

FLAWED_ACCIDENT_DATA..SAFETY.doc

 

 

 

SPACE RESERVED FOR REPLY FROM

COMMISSIONER COGLIANO

 

 

 

Use of Flawed Accident Data by Mass Highway Department (MHD)

The Case submitted to the U.S. Inspector General, Washington, DC

A Summary:

The MHD:

1. Knew they had flawed accident data (i.e., audit in early 2001 by a contractor)

2. Explained that their accident data is flawed (i.e., presentation at a conference later in 2001)

3. Continued to use flawed accident data for their public safety projects (i.e., both Feasibility Studies for I93/95)

4. Provided flawed accident data to contractors (i.e., 8 transportation studies cited in the petition to the OIG).

Decision points for the OIG:

1. Did the MHD commit fraud?

2. What are the minimum standards for quality/quantity of accident data for public safety improvement projects?

3. How should these standards be applied to MA?

4. How should these standards be applied to other states?

5.  What is the mechanism for enforcing these standards?

6. How should those MHD transportation studies and other such studies by contractors in MA be treated? Should accident analyses be re-examined with reference to accident data quality/quantity standards issued by the OIG?

7. To what extent is the MHD exposed to class action legal liability based on their known use of flawed accident data?

Bottom Line on MHD Ethics and Credibility:

Do you want to drive on any highway designed by the MHD based on their use of accident data where:

 

  • 50 % of the accidents have no known recorded vehicle information?
  • 40 % have no known accident location?

     

 
 

WHO WE ARE (updated 1/28/03)

We are a group of citizens concerned about Mass Highway's 2001-2002 feasibility study and accompanying proposal for reconfiguring the Route 28, 93/95 [128] interchange in Reading, Wakefield, Woburn, and Stoneham, Massachusetts, as well as its new plans for analyzing the 95/93 interchange. Any study or reconfiguration of this interchange will have a significant impact on many communities that surround the interchange, including at least Reading, North Reading, Stoneham, Woburn, Wakefield, Winchester, Burlington, Wilmington, and Lynnfield.

We were first brought together by Mass Highway's 2002 interchange redesign (now suspended) that called for the taking of more than 100 properties, most of them homes. Any property taking for work on this interchange will impact not just the property owners, but also the entire neighborhoods and communities where these properties are located. We are actively involved in monitoring Mass Highway's current projects on this interchange.  PRESERVE will continue its information mission: the public must be made aware if Mass Highway is again to put forth any designs that have the potentially devastating inpact of the 2002 proposal.  If this occurs, ALL of us in the affected communities can stop them again, as we did before.  Knowledge is power!

 

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