Preliminary investigation suggest that an 18-wheeler with a flat bed trailer was pulled over onto the shoulder of the road out of the lanes of traffic when an SUV that was proceeding east bound on the outside lane drifted off onto the shoulder and rear ended the 18-wheeler. The two occupants inside the SUV sustained life threatening injuries. The female passenger was airlifted to LSUMC where she was later pronounced dead. Her name has not yet been released pending notification of her family. The driver of the 18-wheeler was not injured.

The investigation should include why the 18 wheeler was on the shoulder of the interstate. Was it creating a danger for motorist? Did the 18 wheeler driver properly display warning devices for a his tractor/trailer on the shoulder? The Federal Motor Carrier Safety Regulation Part 392.22: “Emergency signals; stopped commercial motor vehicles”  require the 18-wheeler driver to take immediate steps to protect the motoring public. .

“Motor carriers and drivers transporting (i) specialized equipment to seal the ruptured well head and to effect other immediate and necessary repairs of the oil well and/or adjacent pipelines, (ii) booms, skimmers, chemical dispersants, flammable liquids and other oil containment equipment, or (iii) other equipment, supplies and materials used to provide direct assistance for emergency relief efforts related to the above oil spill are exempt from 49 CFR Parts 390-399 from 2:00 p.m. EDT, April 30, 2010, until 11:59 p.m. EDT, May 14, 2010,” the declaration said.

The owner of the bus company, Cayetano Martinez of Los Angeles, had previously been shut down by FMCSA, only to attempt to “reincarnate himself as a new carrier” and unsuccessfully attempted to gain U.S. Department of Transportation operating authority under a new name. “Martinez has shown a persistency and determination to continue operating under new entities and business,” the complaint states. The consent decree also prohibits Martinez, or any affiliated company, “from contracting with or arranging for additional transportation of passengers unless the contracted motor carrier possesses valid operating authority registration from FMCSA.”

The safety of the motoring public and the bus passengers demand enforcement, shutting down, and removal of unauthorized motor carriers from the interstate roads before such a tragedy.

Here is the official press release from the FMCSA:

Illegal Interstate Bus Company Is Ordered to Cease All Operations Immediately FMCSA Obtains Emergency Action to Shut Down Carrier

WASHINGTON, D.C. – Following an emergency request by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA), the United States District Court for the Central District of California on Saturday ordered the owner of Tierra Santa Inc, the illegal bus company involved in a March 5 fatal crash near Phoenix, Arizona, to immediately cease all interstate and international passenger service.

The carrier ceased operation on the evening of Friday, March 5 at the demand of FMCSA. Saturday’s order makes that shutdown enforceable by the Court.

FMCSA’s complaint states that the owner of the bus company, Cayetano Martinez of Los Angeles, had previously been shut down by FMCSA, only to attempt to “reincarnate himself as a new carrier” and unsuccessfully attempted to gain U.S. Department of Transportation operating authority under a new name.

“Martinez has shown a persistency and determination to continue operating under new entities and business,” the complaint states.

The consent decree also prohibits Martinez, or any affiliated company, “from contracting with or arranging for additional transportation of passengers unless the contracted motor carrier possesses valid operating authority registration from FMCSA.”

The consent decree does not absolve Martinez from possible future civil penalties by FMCSA for violations of federal motor carrier safety regulations.

“It is absolutely essential that unsafe carriers like this one be taken off the road,” said U.S. Transportation Secretary Ray LaHood. “Safety is our number one priority at the Department of Transportation and we will not rest until this accident has been fully investigated.”

“FMCSA investigators are working tirelessly so that we can prevent such a senseless loss of life from happening again,” said FMCSA Administrator Anne S. Ferro. “We thank the United States Attorney’s Office for their outstanding partnership in bringing this emergency action forward so quickly.”

The safety groups have suspended their legal challenge of the hours of service rules which include the number of driving hours and on duty time of a truck driver. The groups, including Public Citizen, Advocates for Auto and Highway Safety and the Teamsters Union, were challenging the rules on several grounds, asserting for example that they permit too much driving time resulting in sleepy and fatigued commercial motor vehicle drivers at risk for wrecks.  Under the agreement, DOT has until next summer to draft a new proposed rule, and until the following summer to publish a final rule.

Mandatory chemical test was given to the truck driver and await results. The investigation hopeful will review how long the driver had been on duty and his drive time. Hours of service is being debated by the FMCSA. The FMCSA is holding listening sessions to determine appropriate drive time and hours of service to prevent driver fatigue and increase safety to the motoring public. The Hour of Service regulations (49 CFR Part 395) put limits in place for when and how long commercial motor vehicle (CMV) drivers may drive.

Also, in Donaldsonville, an 18 wheeler carrying hazardous material overturned on Highway 70. The tanker reportedly was carrying sulfuric acid. Police blocked off a 3 mile stretch of highway. And in another big truck accident, Louisiana Police report closing a bridge that crosses the Atchafalaya River in Krotz Springs due to an overturned 18 wheeler.

According to the Federal Motor Carrier Safety Administration, drivers take their eyes off the road for an average of 4.6 seconds out of every 6 seconds while texting. FMCSA research shows drivers who text are more than 20 times more likely to get in an accident than non-distracted drivers. For states that ban texting for all drivers, see one of my older blog posts.

The lawsuit by the trucking industry against DOT may be in retaliation as the Federal Motor Carrier Safety Administration began hearings on the hours of service (HOS) rules. The ATA supports regulations issued by the Bush administration in late 2008, which the FMCSA is now conducting safety hearings on the expanded hours of duty and drive time and the safety risk to the motoring public. The FMCSA in November said it would release a proposed HOS rule this year and a final rule by August 2011.

In an effort to head off litigation, the Department of Transportation (DOT) is committed to reviewing the hours-of-service rules. The FMCSA has invited the public to participate in a series of 4 listening sessions in January 2010 to gather information and comments on hours-of-service for commercial vehicle drivers. The hearings will cover topics such as driver rest and on-duty time, sleeper berth use, and loading and unloading times. Hours-of-service requirements are designed to help prevent commercial vehicle-related accidents, fatalities and injuries by prescribing duty hours and rest periods for commercial drivers.

More information on the hearings is available here.

“Safety is our highest priority,” said Ray LaHood, US Transportation Secretary. “This new rule says that we are serious about having safe trucks and buses on the road. This is important for those behind the wheels of these big rigs and those who share the road with them.”

Under the new requirements, a newly registered truck or bus company will automatically fail its safety audit if violations of any one of 11 essential federal regulations are discovered. These regulations cover controlled substances and alcohol testing, hours-of-service rules, driver qualifications, vehicle condition, and carrier insurance responsibility.

“This new rule helps to ensure that only the safest carriers can enter the industry and continue to operate on our roadways,” said Administrator Anne S. Ferro. For more information, visit their website.

The Agency identifies 16 regulations that are essential elements of basic safety management controls necessary to operate in interstate commerce and makes a carrier’s failure to comply with any one of the 16 regulations an automatic failure of the safety audit. These regulations cover controlled substances and alcohol testing, hours-of-service rules, driver qualifications, vehicle condition and carrier insurance responsibility. These new requirements should increase safety to the motoring public and bus passengers from rogue commercial motor carriers.

For more information on the new Entrant Safety Assurance Process rule, visit the FMCSA website .

Click Photo to See Video

Two people were killed in the crash of the Strain Bus Line Coach. The bus was carrying passengers back home after an outing to a casino. The tour bus returning from an Iowa casino ran off a southern Minnesota interstate and rolled over in a ditch Wednesday, killing 2 people and injuring 21, authorities said.

 The bus, operated by Strain Bus Line Motorcoach Tours in Rochester, was eastbound on Interstate 90 just west of Austin about 3:20 pm when it crossed into the westbound lanes and flipped over, Department of Public Safety spokesman Andy Skoogman said. The bus was carrying 23 people, including the driver, Skoogman said. 20 passengers were taken to medical centers. The driver was airlifted to a hospital in Rochester. Firefighters pulled off the bus’ windshield because the 47-passenger coach had settled on its right side, blocking the door.

Bold Lines, Inc., which does business under the name Strain Tours, is an operator with six drivers and four buses and has had no accidents in the past two years, according to the Federal Motor Carrier Safety Administration’s web site. But federal records reveal some safety problems in the past. The FMCSA reports that as a result of five inspections during the past 2 years, 60% of the company’s buses had to be pulled out of service for violations. That compares to the national average of 22%. The company also has an Inspection Selection System rating of 76; scores between 75 to 100 mean an inspection is warranted. The company has also run into trouble related to its record keeping. In February 2002, federal transportation authorities pulled the company’s buses off the road for what inspectors described as “numerous violations” of federal transportation rules related to record keeping. The company ended up paying $20,000 to settle an enforcement case concerning drug testing for drivers, according to the FMCSA. It also paid $300 to settle a case over driver duty times and record keeping.

The U.S. Department of Transportation must fast track its action plan aimed at improving motor coach safety. The plan calls for additional requirements including installing seat belts and enhancing roof strength. It would also boost regulatory oversight of new and high-risk motor coach operators. Frequency of medical exams and medical certification should be a priority.

The 77 commercial drivers who face the prospect of civil penalties for failing to adhere to federal drug and alcohol regulations can no longer operate a commercial motor vehicle and will likely face a monetary fine. Additionally, 84 commercial carriers face pending enforcement action for violations such as using a driver whom tested positive for illegal drugs and for not instituting a drug and alcohol testing program. A spokesperson for the FMCSA said the names of the 84 carriers were not available at this time.

In a safety recommendation issued by NTSB, it wants FMCSA to “develop and disseminate guidance for commercial drivers, employers and physicians” for identifying high-risk drivers. The NTSB’s recommendation specifically mentioned “commercial drivers,” an referenced an incident of a tractor-trailer driver with diagnosed OSA. He had collided with a Tennessee Highway Patrol vehicle, killing the trooper. The 18-wheeler driver had surgery for OSA but hadn’t reported his condition when examined for his medical certification. Other NTSB investigations mentioned included two commercial airline pilots who fell asleep (one of whom was at risk for OSA) and missed their intended destination airport in Hilo, Hawaii, and a train engineer who had been diagnosed with OSA who went through a stop and struck another train.

The NTSB said the prevalence of OSA is more than 50 percent in patients with an average body mass index of 40.0. It also mentioned a 2006 consensus statement from the Joint Task Force of the American College of Chest Physicians, the American College of Occupational and Environmental Medicine and the National Sleep Foundation recommending that commercial drivers with a body mass index of 35 or higher and hypertension that can’t be controlled on less than two medications not be certified for longer than three months pending a formal OSA evaluation. Sleepiness from sleep apnea has been shown to significantly increase a driver’s risk of driving drowsy. Driver fatigue and sleepiness is a major cause of truck crashes. Stricter screening mandates could reduce the risk of truck crashes.

“Increasing transparency by allowing greater access to driver safety records will greatly improve the hiring of safe commercial vehicle drivers and help raise the safety bar for professional truck drivers,” said Dave Oslecki, ATA vice president of safety, security and operations. “Providing employers a more in-depth look at a driver’s safety and compliance history will also help ensure that repeated safety violators do not escape the consequences of their actions.”

When commercial vehicles, such as 18-wheeler and tour buses, collide with passenger vehicles the result is a deadly and costly mix of injuries, property damage and death. In an effort to reduce crashes involving trucks, buses, and passenger vehicles, the CVSA in partnership with the FMCSA are sending out the message: “Cutting it close can cut your life short.” This year’s campaign kick off event is at a High School to educate teens about safe driving practices of drivers who share the road with larger commercial vehicles to improve road safety and save lives.