FMCSA responds to safety board’s criticism, notes policy changes
The NTSB was especially critical of the fact that the FMCSA had given Sky Express a 10-day extension on a proposed out-of-service order to allow the company time for a pre-OOS appeal.
The Trucker Staff
8/2/2012
WASHINGTON — In the wake of a National Transportation Safety Board report critical of the agency’s handling of the safety record of a motor coach company involved in a fatal wreck, the Federal Motor Carrier Safety Administration citied policy changes made since the accident last May 31.
The safety board, in a report issued earlier this week, said a severely fatigued motor coach driver who lost control of the vehicle, the failure of Sky Express Inc. to manage safe driving practices and a lack of adequate regulatory oversight were the probable causes of the fatal motor coach crash in Doswell, Va., involving a Sky Express bus.
Four people died in the accident and 49 were injured.
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The NTSB was especially critical of the fact that the FMCSA had given Sky Express a 10-day extension on a proposed out-of-service order to allow the company time for a pre-OOS appeal.
A timeline released by the department indicated that without the extension, Sky Express would have stopped operations the weekend before the crash.
In response, the FMCSA noted that it had closed the loophole that allowed the 10-day extension for passenger bus companies undergoing compliance reviews.
“It is also why our agency shut down 54 unsafe bus companies in 2011. And this year, we conducted an unprecedented investigation that put 26 unsafe bus operators out-of-service using a new rule that links unsafe companies to their affiliated entities,” an agency spokesperson said. “Congress has shown its support with the MAP-21 legislation, which will enable FMCSA to enhance its registration system to better identify reincarnated bus companies, conduct safety audits on new bus companies within four months of operation, ensure new companies understand federal safety laws before they can operate, and improve Hours of Service compliance with a new rule on electronic on-board recorders. We will continue to use the full force of our enforcement, regulatory and consumer outreach tools to make bus travel safe — every trip, every time.”
Ending the extension was a direct order from Secretary of Transportation Ray LaHood.
“There is no excuse for delay when a bus operator should be put out of service for safety’s sake,” LaHood said in statement issued by his office. “On my watch, there will never be another extension granted to a carrier we believe is unsafe. I’m extremely disappointed that this carrier was allowed to continue operating unsafely when it should have been placed out-of-service for the benefit of its passengers and other motorists.”
The FMCSA stepped up enforcement action against motor coach carriers in the wake of the May 31 accident and others that occurred in early and mid-2011, including the New York City crash in March that killed 15 passengers.
The agency recently shut down 26 bus companies as the result of a massive crackdown on the motor coach industry.
The Trucker staff can be reached to comment on this article at editor@thetrucker.com.
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