Federal Safety Regulators Overlooking Serious Bus Safety Hazards

Representatives of the National Transportation Safety Board (NTSB) believe U.S. bus regulators are overlooking serious safety hazards before fatal crashes and need to change their auditing practices. The U.S. Federal Motor Carrier Safety Administration (FMCSA) has known about deficiencies prior to deadly fatal accidents and not shut carriers down until afterward, NTSB Chairman Deborah Hersman said in a statement that summarized an investigation by NTSB. The report highlights a years-long pattern of lax oversight before accidents and that practice by some bus companies of treating safety citations and temporary orders to take vehicles off the road as costs of doing business. Chairman Hersman  said this in her statement:

 They need to crack down before crashes occur, not just after high visibility events. Our investigators found, that in many cases, the poor performing company was on FMCSA’s radar for violations, but was allowed to continue operating.

The safety board issued a letter in November to Transportation Secretary Anthony Foxx that asks for a comprehensive audit of FMCSA’s company oversight process, identifying why inspectors aren’t finding all safety violations and why the agency has not accomplished complete and accurate reviews. The NTSB is currently investigating two bus crashes on the West Coast that killed 17 people. Each of these companies was given a clean review prior to their crashes. When FMCSA later inspected the companies they were found to have serious safety violations. The following violations were given as examples:

 Scapadas Magicas LLC was shut down by the federal agency after one of the California-based company’s three buses careened down a mountain road because the driver couldn’t stop, crashing into a car and a pickup truck on February 3. Seven bus passengers died, as did the truck driver, and 36 people were injured, according to the NTSB. The FMCSA had completed a compliance review of the company less than a month before the crash, giving it a top “satisfactory” rating, meaning the company was free to carry passengers without restriction.

 No buses were inspected during the review, according to the safety board report. Many company records also went unchecked because they were in offices in Tijuana, Mexico, not at the site auditors visited. It’s hard to believe that Scapadas Magicas won its rating even though FMCSA inspectors found brake flaws, evidence of drivers working excessive hours, and failed alcohol and drug tests, Company owners told investigators they hadn’t reviewed U.S. regulations even after having been audited five times since 2007. It appears that a pledge to be more attentive was enough to earn a “satisfactory” rating and that’s not good.

 The NTSB also cited the agency’s shortcomings related to a December 30, 2012, crash involving Canadian carrier Mi Joo Tour & Travel in Pendleton. Oregon. The bus slid on ice, off the roadway and down an embankment. A subsequent review found the driver had been on duty 92 hours a seven-day period. The shortcomings extended to truck safety, according to the safety board’s report.

 In March, a truck operated by Troy, Michigan-based Highway Star failed to brake in time before crashing into stopped traffic, killing six people in a Ford Expedition that caught fire. The FMCSA had completed a limited review five days before the crash without inspecting the company’s compliance with regulations on how long drivers could be on duty, even though it had been cited before for such violations. After the fatal crash, Highway Star was declared an imminent hazard to public safety because it hadn’t monitored driver hours and falsified records.

 The regulator also conducted a limited review of H&O Transport, a Louisville. Kentucky-based trucker with a history of driver violations, before one of its rigs plowed into eight other vehicles in slowed traffic in July. Two people died after their vehicle overturned and caught fire.

Let’s hope that there will be some significant changes in how the federal regulators do their job. The public should demand it.


Source: Bloomberg News and Insurance Journal