Bad Actors to be Restrained Thanks to New SMART-TD-backed Transit Bill

More transit workers in California could soon have stronger protections, thanks to a bill that expands penalties and widens the coverage of temporary restraining orders (TRO). 
 
The bill, AB 394, is currently moving through the legislative process.

Stronger Penalties for Attacks on Transit Workers

Current law states that the penalty for assaulting a bus driver or passenger is punishable by up to one year in jail, a fine of up to $10,000 or both. If an injury results from the incident, the punishment involves potential time in state prison.  
 
The problem is that the list of those who are protected by these penalties is very narrow. 
 
With attacks against transit workers grabbing headlines nationwide, SMART-TD’s California Safety & Legislative Director Louis Costa says that more needs to be done. 

Restraining Orders to Cover Entire Transit System Automatically 

“Every day, transit workers are spit at, stabbed, hit, sexually assaulted, and more,” explained SLD Costa. “These incidents on public transportation system systems create safety risks and disrupt operations, making it harder for workers to perform their duties and passenger who rely on public transit.”  
 
Under the current law, employers or unions can only file a temporary restraining order (TRO) on behalf of the employee who was harassed, attacked, or threatened. No additional enforcement, such as a system-wide ban, is available.  
 
“These incidents have had a direct impact on daily operations, and as a result, many agencies throughout the state are experiencing severe operator and employee shortages,” Costa continued. “This has also impacted riders’ feelings of safety on public transit systems.” 
 
The pending bill expands current law to include an employee, public transportation provider, or contractor of a public transportation provider and makes TROs applicable across the entire transit system.  
 
This means that instead of applying to a single operator, the offender would be temporarily banned from all vehicles, stations, stops, and facilities operated by the transit agency.  
 
“This bill empowers transit agencies, employee representatives, and courts with additional tools to deter harmful behavior and enhance safety across California’s public transportation systems,” SLD Costa said.  

SMART-TD Adds California to Transit Safety Legislative Priorities 

California is the latest in a growing list of states where SMART-TD members are running or have passed legislation to better protect transit workers.  
 
This year alone, our brothers and sisters in Maryland, Colorado, and Massachusetts have either notched legislative wins to secure or strengthen safety protections or are very close to doing so, which SLD Costa points out is a hallmark of our union.  
 
“SMART-TD has been, and continues to be, a firm advocate of prioritizing public transit and the safety of our members and all transit agency employees.”  
 
AB 394 passed unanimously out of the Senate Committee on Public Safety last week and awaits a hearing in the Senate Judiciary Committee.