Chippewa Falls Bus Crash Story
Here is the story of the Chippewa Falls Bus Crash, which happened early Sunday morning, October 16, 2005, on I-94 westbound, near Osseo, Wisconsin. At approximately 01:58, a tractor trailer overturned, blocking both lanes of the westbound I-94. About one minute later, a 55 passenger motorcoach, operated by Chippewa Trails, Inc., and carrying members of the Chippewa Falls High School Band smashed into the overturned trailer, blocking the highway. Five people in the bus, including the driver, were killed. This is their story.
If you want the whole story, go here for the NTSB report, dated September 16, 2008. The summary below is taken from the NTSB report.
Around 19:30 on Friday night, 22 year old Michael Kozlowski departed Munster, IN, in a Whole Foods Market, Inc. tractor-trailer, bound for Minneapolis, MN. At 01:58, Kozlowski was approaching milepost 85 on I-94 westbound near Osseo, when the tractor exited the road onto the right shoulder. Kozlowski steered to the left in an attempt to correct, but lost control on the rig, which then overturned onto its right side, sliding across both lanes of westbound travel. Kozlowski stated to the Wisconsin State Patrol (WSP) he then turned off the ignition of the truck, once it had come to rest, and that he was still belted into his seat.
About one minute later, the Chippewa Trails bus, driven by 78 year old Paul Rasmus, came upon the Whole Foods trailer blocking the road. The Whole Foods trailer was on its side, so the reflective tape and other reflectors were not visible. It was the bottom of the trailer which was facing the lane of travel at the time of the accident. The WSP approximate that the bus was traveling around 70 MPH prior to braking. Witnesses from the bus state the bus did suddenly decelerate right before impact. In addition to the five fatalities, another five bus passengers were seriously injured. The helicopters began arriving 30 minutes after the crash, to airlift the injured to the hospital.
Kozlowski
At the time of the accident, Kozlowski’s Indiana CDL A was suspended. He received a speeding ticket on July 3, 2005 for driving 76 MPH in a 55 MPH zone in a car. He did not pay the ticket, and his license was suspended on September 21, 2005.
On Thursday night, October 13, Kozlowski took a load from Munster, IN at 20:45, delivering in Minnesota early on Friday morning October 14. According to written notes found in the truck (Kozlowski had not filled out his log book, as required), he slept in the sleeper from 09:00 to 16:30 on Friday October 14 in Minnesota. He then left Minnesota, and made the return trip to Indiana, arriving at 22:30.
Once arriving back home, Kozlowski went to a bar, where he drank alcohol with friends. Statements taken from friends establish that he arrived home around 06:00 on Saturday morning. Cellphone records indicate he began using his phone almost continually from 11:00 to 17:00. NTSB concludes that he was probably asleep from 06:00 to 11:00 on Saturday morning, which is 5 hours. They do not believe he slept during the afternoon period, due to the numerous phone calls he made.
He arrived at the Whole Foods Distribution Center at 19:00, and departed there, bound for Minneapolis at 20:00 on Saturday night, October 15. Except for a brief stop for a soda and bathroom, plus a 30 minute stop in Tomah, WI at 00:30, Kozlowski drove continuously until the accident.
Kozlowski’s statement to the WSP was that he was slowing the truck, looking for a place to pull onto the shoulder, in order to urinate. He stated once he eased the truck onto the shoulder, the wheels “grabbed gravel” and jerked the truck to the right, off the roadway. He was unable to regain control. The post-accident investigation indicated the truck was in 10th gear at the time of the crash, and going approximately 66 MPH. The NTSB does not believe Kozlowski was slowing the truck, or attempting to pull off onto the shoulder at the time of the crash.
Two witnesses stated the Whole Foods truck was driving erratically in the time leading up to the crash. One of them stated the truck was weaving, and driving onto the shoulder as little as 10 minutes before the crash. There was no evidence Kozlowski was intoxicated at the time of the crash.
Rasmus
Paul Rasmus was the 78 year old driver of the bus, who was killed on impact. He was required to wear corrective lenses. He corrected vision was 20/20 in the left eye, and 20/25 in the right eye. Without his glasses, his vision was slightly worse than 20/40.
On Friday, October 14, Rasmus reported for work at Chippewa Falls at 14:30. He left Chippewa Falls around 17:30. They unloaded at the Oregon Middle School at 21:30, drove to Middletown, WI, where they checked into a hotel around 00:01 on Saturday October 15. Rasmus and the other drivers had breakfast around 08:00 on Saturday morning. At 11:00 they returned to the Oregon Middle School where they had lunch with the band. After lunch, the driver rested in the motorcoaches. Around 15:15, they loaded the buses, and drove to Whitewater, WI, arriving at 17:00. They watched the band’s performance, loaded the buses around 22:00, and departed at 23:00, heading from Whitewater, WI back to Chippewa Falls, WI.
At the time of the crash, the weather was clear, and there was nearly a full moon. Rasmus was approximated to be traveling around 70 MPH before braking. He was not wearing his glasses at the time of the crash.
Trial
In April, 2007, Kozlowski was tried for 5 counts of homicide by negligent operation of vehicle, among other charges stemming from the accident. After a two week trial in Hudson, WI, Kozlowski was acquitted on all charges. The District Attorney attempted to prove that Kozlowski was fatigued at the time of the crash, and that is what caused him to turn over his truck.
Kozlowski’s attorney, Earl Gray, argued that it was bus driver Paul Rasmus who was at fault for the crash, in that he should have been able to stop in time. Gray argued Rasmus should have had with glasses on, which would have enabled him to have seen the truck in time to stop. Also, the bus had two brakes which were out of adjustment at the time of the wreck, increasing the amount of distance it took to stop the bus.
Trial, Part 2
Federal prosecutors tried Kozlowski this past week for making false entries on his logbooks in the days leading up to the accident. After a two day trial, Kozlowski was convicted on Wednesday, May 13, 2009. He will be sentenced July 24, 2009. Jurors were not told about the accident during the trial.
My Analysis
Ok, those are the facts, now what do we make of all this? The NTSB investigation determined that on the night of the crash, with his low-beam headlights on, the soonest Rasmus would have seen the truck in the road was when he was 227 feet from it. At 70 MPH, he would have covered the distance in 2.2 seconds to the truck. They concluded Rasmus could not have applied the brakes, and stopped the vehicle in 2.2 seconds. Furthermore, they concluded if he had his glasses on, he would not have seen the overturned truck that much sooner to make a difference.
I agree with their findings. It takes a long time to stop an 80,000 lb. truck, well it takes a long time to stop a loaded 55 passenger motorcoach, traveling at 70 MPH, too. There’s no way he could have avoided hitting the truck. This includes whether he had his glasses on, or if the bus had perfectly operating brakes.
As for the criminal trial, I guess Mr. Kozlowski’s lucky I wasn’t on that jury. Well, I guess I can’t say that, because I don’t know what level of proof was needed to meet the standard of “homicide by negligent operation of vehicle”. Plus, I don’t know how many years in jail he would have gotten if convicted. 20 years in jail, would that have been justice? I don’t know, that might be too many.
Still, there can be no doubt Kozlowski was negligent. To me, negligent means stupid and reckless. The witnesses who testified they saw the truck weaving onto the shoulder proved that for me. Kozlowski had been weaving for at least an hour prior to the accident, and was seen on the shoulder just 10 minutes before the accident. This should have told him, pull off at the nearest exit, take a siesta in the sleeper, feel better, get down the road in one piece. But he didn’t do that. Plus, the nonsense about pulling over to urinate, BS. They found the truck in 10th gear, he wasn’t slowing down, he wasn’t pulling over…. at least not intentionally.
As for Rasmus, some old truck driver way back when told me you should never “overdrive” your headlights, which apparently is what happened here. Still, I’m more willing to give Rasmus the benefit of the doubt. For him to have avoided this accident would have taken a sixth sense, or a miracle.
On the false log conviction, this proves what I have been saying for 15 years about the logbooks, and a driver’s hours of service. You can cheat all you want, and you’re probably going to get away with it 90% of the time. But if you screw up, and kill someone, they’re going to find out everywhere you’ve been for at least 72 hours prior to the accident. If they have to send out 50 cops interviewing all your friends, enemies, whatever, they’re going to figure it out. God help you if your logs don’t match where you actually have been.
That’s what happened here. Note: Kowlozski was convicted for falsifications which didn’t even happen on the day of the accident! He was convicted for logs he falsified days in advance of the wreck, which had nothing to do with the wreck.
One last thought, I was very surprised with some of the comments at the conclusion of the news articles regarding the accident, and the trials afterwards. A majority of people blamed the bus driver, including a good number of truck drivers. I don’t why that surprises me, but it does. The one responsible for this accident is Kozlowski, and I’m glad he was convicted on the false logs counts. He’ll probably do 1-3 years in jail, which is probably an equitible judgment for what he’s done.
Daily Vehicle Inspections And You
Here is the latest column which I wrote for the Outdoor Amusement Business Association. Lately, it seems like I have been running into numerous horror stories caused by not doing written post-trip inspections. Or at least not doing them they way the DOT wants.
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On of the items DOT inspectors always review during an audit are the driver’s daily vehicle inspection reports. According to 49 CFR 396.11(a), a driver is required to complete a written inspection at the conclusion of each day’s work and submit it to the motor carrier. Often, these inspections are found on the reverse side of the logsheets.
A driver should be completing two inspections daily. A pre-trip inspection, done prior to the day’s work, is required, so the driver may satisfy himself that the truck is in proper working condition. The pre-trip inspection is not required to be in writing. At the conclusion of the day, the driver must conduct another inspection, known as the post-trip inspection. The pre-trip and post-trip inspections, are generally the same inspection. The post-trip must be recorded on a daily vehicle inspection form, which may be a separate sheet of paper, but often is found on the reverse side of the logsheets.
For example, let’s assume a driver is conducting pre-trip inspections, but not post-trip inspections. At the conclusion of his day’s work, he parks the truck, and heads to the motel. Unbeknownst to him, during the day, his brake lights stopped working. The next morning, when he does his inspection, he finds the brake lights won’t work. The driver is now in a dilemma. He should call a mechanic, and get the brake lights working before he moves the truck, as driving without brake lights is dangerous. On the other hand, he needs to be somewhere, and if he is late, his boss is going to be mad. What to do?
In the real world, the driver usually drives the truck with the broken brake lights, and hopes DOT doesn’t catch him, or no one rear-ends him that day. If this driver was doing a post-trip inspection, he would have known his brake lights didn’t work the night before, and could have made some phone calls to get the truck fixed well before he needed to be on the road the next day.
Many drivers complete a logsheet showing their hours of service, but neglect to complete the daily vehicle inspection report on the back. More commonly, are the drivers who do complete the daily vehicle inspection report, but always report the vehicle has no defects, without fail, regardless of the condition of the truck. Often these drivers are not, in fact, doing the post-trip inspection, but are just “pencil-whipping” the piece of paper to keep DOT happy. This is not correct either. If a driver is doing a correct post-trip inspection, he will occasionally find things wrong with the truck, and write them on the inspection.
As a motor carrier, if a driver notes a defect on the inspection report, it is your responsibility to review the report, and the defect prior to operating the truck again. You do not always have to repair an item reported by the driver immediately, but you do need to determine if it will affect the safe operation of the vehicle. For example, a driver reports one of his tires is low on tread. You check the tire, and while it’s not new, it has enough tread to be legal. You must note this on the daily vehicle inspection report and sign it. On the other hand, if a driver notes his low-air warning light isn’t working, you must fix it before the truck is used again, and note that on the inspection report.
DOT looks for daily vehicle inspection reports with defects noted repeatedly, day after day, with no action taken by management with respect to that defect. In a true horror story, a motor carrier recently had a driver who identified on multiple days that his low air warning light was defective. The motor carrier was not reading the inspection reports; they were just filing them. DOT did an audit, and levied a $40,000 fine on the motor carrier for failing to fix the low air warning light. While it is true that $40,000 is a ridiculous and totally unreasonable penalty for this type of violation, this situation could have been avoided had the motor carrier simply been reviewing the inspection reports.
In conclusion, make sure your drivers are turning in daily vehicle inspection reports for each day your trucks are driven. Make sure they are complete, and make sure that any defects identified are fixed. This could save you some major headaches in a DOT audit.
True Story, $30,000 FMCSA penalty
This is a true story, involving a client I represented, only the names have been changed. ABC Construction, a small construction company, with around 10 trucks and drivers, entered into business in 2006. It underwent a DOT New Entrant audit in December, 2007. ABC was missing numerous documents, but had enough paperwork to pass the New Entrant audit. In July, 2007, they were audited again by DOT, largely because one of their trucks had been involved in a serious accident. The accident was not their fault.
During that audit, DOT found a number of problems. One, the accident driver was tested for drugs after the accident, and he failed the test. Some months later, ABC started using that driver again, which is a big violation. Many of their drivers did not have pre-employment drug tests. ABC did not immediately implement a random drug and alcohol testing program for its drivers. ABC had a driver driving a CDL vehicle, without a CDL. And they were missing driver files on two drivers. All of this, for a new company, added up to a $30,000 fine. The good news for them was, DOT did overreach on the penalty, as they do occasionally, and they had my expert assistance, so they paid much less than the original $30,000. However, without my assistance, they would have coughed up the whole $30,000.
The lesson here is two-fold. 1) Pay attention when you are sitting with the DOT official during your New Entrant audit. The information they are giving you is important. If they come back to see you, they expect you have what the regulations require: no excuses. If you blow off the paperwork, you’re asking for trouble. 2) If you do run afoul of DOT, and have a giant penalty, pick up the phone and call me. It’ll be worth your time.
FMCSA expands its “Maximum Fine” policy
Effective, today, April 1, 2009, FMCSA has expanded the instances in which it will assess the statutory maximum penalties for violations it discovers. Presently, the policy is, if they fine you for the same violation 3 times in a 6 year period, the 3rd penalty will be for the maximum. Just to give you an idea of what we’re dealing with here, the statutory maximum for not doing a drug test or violating the 14 hour rule is, I believe, $11,000 per violation. So, you can see, we can quickly get up into fines of $300,000 – 600,000.
Now, FMCSA is saying they will apply these outrageous penalties in even more situations. If you get six or more critical violations in an audit, they’re throwing the book at you with maximum penalties. Without making this post 5 pages long, let’s break this down. One, they have to have had a previous contact with you. That means it could have been a New Entrant audit. That’s the thing you have to go through when you first get your DOT number. After that, they audit you. Let’s say, you’re missing medicals (one critical). And you haven’t done any MVR checks (two criticals). You haven’t done any pre-employment drug tests (three criticals). You’re missing random drug tests (four criticals). You have false logs (five criticals). And you’re missing logs, too (six criticals). Then they would assess the maximum penalty, which would probably be over $200,000.
After I think about it, the chances of this new expanded policy being used are very slim. You would really, really have to be doing absolutely nothing to get this type of fine levied against you. Usually, a motor carrier is doing SOMETHING, although not necessarily everything. You would have to be making absolutely no effort at all to comply with the rules. Oh well, forewarned is forearmed. You can read the official Federal Register policy here.
More Traffic Tickets in Michigan
I received this on the Internet from a colleague. It was on the Internet, so it must be true, right? Anyway, apparently, the State of Michigan is holding a strikeforce in March, looking to raise a bunch of money off of unsuspecting motorists. Of course, I wouldn’t be surprised if this isn’t going on everywhere, as nearly all State and Local governments are broke. Gee, that’s funny, when my stocks tank, when the phone doesn’t ring, when funds are low…. I slash my spending and conserve. Government, well, they just write a bunch of speeding tickets, or raise taxes. I came across these guys on the Internet, the National Motorists Association. In looking at their mission statement, etc. it seems like a group every motorist should support, as they fight unfair traffic enforcement, red-light cameras, and other examples of government run-amok.
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“Watch your speed in Michigan Gov. Granholm NEEDS some quick cash!
Spring is Coming!
Operation Yellow Jacket
Look out for MI-DOT trucks parked along the road or suddenly appearing behind you pacing you – it could be a Trooper driving the truck. Called ‘Operation Yellow Jacket’, each Michigan State Police District has a truck cleaned up and ready to go! These trucks have specially modified engines that can virtually catapult the truck from snow-plow speed to intercept speed in seconds. And when the engine boost kicks in, the warning lights automatically change from flashing yellow to the dreaded red and blue!
Starting March 1, 2009, Michigan will launch a 31 day speeding ticket frenzy. The state estimates that $9 million dollars will be generated in speeding tickets, with an additional $3.5 million in revenue for failure to wear a seatbelt. $1 million will go to pay state troopers overtime. There will be 47 state troopers on duty at all times patrolling the main intersections and highways with the highest rates of speeding.
They are the following:
I-75, especially from the Ohio line north to Woodhaven, and again from Auburn Hills to Flint
I-96 east and west in its entirety
I-275 north and south
I-675 north and south
I-94 east and west from Battle Creek to Jackson
I-696 east and west in its entirety
I-196 east and west
US-131 north and south
I-69 east and west from Lansing to Flint and again from Flint eastward to Port Huron.
I-69 north and south from I-94 to Lansing
M-14 east and west from I-94 to I-275
M-39 from I-94 to I-96
M-59, especially from Pontiac to Utica, and from Utica east
US-10 from Midland to Bay City
US-23 from I-96 to Flint
US-27 from Lansing to Mt. Pleasant
Quotas:
5 mph above the limit can justify a ticket and every state trooper is supposed to pull a car over and write a ticket every 10 to 20 minutes. They have issued 30 brand new unmarked Dodge Charger Police cruisers and canceled all vacation time. In addition, they are bringing in all of their part timers on full time for the month. This nonsense will conclude on April 1.
Driving Ticket fine increase in MI:
Starting on January 15th, the price of a ticket for violation of MI Law 39:3-29 (failure to show your driver’s license, registration, or proof of insurance card at the time you are stopped) went from $44.00 to $173.00. Please make sure your vehicles have the proper documents in them. If you jump in the car to run to the store and forget your wallet with your license in it and you are stopped…. Oh well… you just spent $173. And the fine for not having all three documents is $519!!!”
Miami Driver Sentenced to 36 Years for Fatal Crash
In December, 2008, truck driver Flavio Sanitisteban was sentenced to 36 years in jail for causing a fiery wreck on February 11, 2005, which killed 4 people. Sanitisteban was driving a 9,000 gallon propane tanker, when he lost control on the ramp from I-595 merging to the Florida Turnpike. The truck flipped over onto a car, killing all four inside.
Eyewitnesses testified the truck driver was going upwards of 60 mph, and was cutting off other traffic. The curve is rated for 35 mph. The truck driver had an extensive history of traffic violations. The Miami Herald has a good article. Also, there is one at some type of Jewish website. I posted both links, because there are some interesting comments at the end of each article, regarding the sentence. Apparently, the truck driver was somewhat less-than remorseful, and the judge let him have it.
I can see both sides of the argument. This guy killed 4 people because he was reckless and stupid. The evidence leaves little doubt that his actions led directly to the accident. As a professional truck driver, he is expected to drive safely and professionally. He should be held to a higher standard, than your regular, schmuck four-wheeler.
Nevertheless, 36 years? We have murderers in this country who use a gun, and they get less than 36 years. Or what about this guy, James Polehinke? On August 27, 2006, a Comair regional jet crashed at the Lexington, KY airport, killing all onboard, except First Officer Polehinke. The pilot and the First Officer, mistakenly tried to take off on a secondary runway, which was half as long as the correct runway used for commerical traffic at that airport. The runway wasn’t long enough, the plane couldn’t get up in the air fast enough, and it crashed. The First Officer, Polehinke, survived, but he hasn’t been charged criminally with anything. I’m not saying he should be. It just seems you have two somewhat similar circumstances: crashes caused by negligence, one guy kills 4, and gets 36 years, the other guy kills 49, and isn’t charged with anything.
I guess the moral of the story is, if you’re a truck driver, you’re more likely to be judged harshly if you cause a crash.
Only the Good Die Young
This wreck happened in Syracuse a week ago on January 8. As you can see, the tractor trailer is in the ditch, killing thousands of innocent Bud Lights. Oh the humanity!!!
The road is fraught with tragedy. There is nothing sadder than seeing the good go before their time. Winter driving is especially hazardous. Ice and snow make for dangerous conditions. So slow down! As a side note: the truck driver was apparently not seriously injured.
Go here to see how the local newspaper columnist is dealing with the tragedy.
DOT will start auditing GPS data
In November, 2008, in a very brief notice in the Federal Register, FMCSA notified the world that it was rescinding its policy on GPS data. In 1997, FMCSA issued a policy to its auditors, stating that they were only to use GPS data as a last resort in auditing logs for accuracy. This was done largely to keep the playing field level. An auditor checking GPS data against a driver’s logs will obviously find a much higher percentage of falsifications, than one who is just using paper documents like fuel statements and toll receipts. The policy was also done to encourage trucking companies to buy the GPS technology.
Now, by eliminating that policy, the FMCSA has signaled very clearly they will start using the GPS data to audit your logs. Any carrier who has GPS satellites could be in jeopardy during an audit. I imagine what will happen is many auditors will just do it the way they’ve always done it, and use the traditional EZPass statements, toll receipts, fuel statements, and scale tickets. However, I’m sure there will be some aggressive field agents who are going to use that mountain of GPS data as a hammer. And guess who is the nail?
This will probably lead to multiple levels of expectations during an audit. If you do not have GPS data, or if you’re lucky enough to get an auditor who is going to leave sleeping dogs lie, nothing will change. BUT, if you get a guy who wants that GPS data, for no reason other than he wants it, you and your drivers will be held to a much stricter compliance standard. In other words, your drivers’ logs will have to be precisely accurate and legal. No fudging an hour here, or an hour there.
If FMCSA wanted everyone to run strictly legal, they would have mandated that all new trucks are equipped with the on-board recorders a few years ago, but they didn’t do that. With the on-board recorders, everyone would have been held to the same standard. Now, a carrier without the GPS can cheat more than carriers with the GPS.
Stay tuned, and be forewarned. If do have GPS, you might investigate how far off your drivers’ logs are compared to your satellite data, especially if you are on FMCSA’s Safestat list.
Fatal Bus Crash in Texas Kills 17
By now, you may have heard about the fatal bus crash, which happened last Friday, August 8 just north of Dallas, TX on US 75. A bus, carrying a tour of Vietnamese Catholics heading for Missouri, blew a tire around 12:45am, careened off the road, onto its side, ultimately killing 17 of the passengers. While the investigation is still on-going, it has been reported that a recapped tire on the steer axle blew, sending the bus out of control. It is illegal to use recapped tires on the steer axle of buses.
Here is an article giving you the basics from last Friday. The operator of the bus, Angel Tours, USDOT #544466, 1505 Telephone Rd., Houston, TX, had been placed Out of Service (OOS) on June 23 due to an Unsatisfactory rating generated from an audit on May 1, 2008. Rather than correct the problems identified in the audit, owner of Angel Tours, Angel De La Torre, simply started a new company called Iguala Busmex, USDOT #1786461, 1504 Telephone Rd., Houston, TX.
At the time of the accident, due to the fact that Iguala Busmex had not filed insurance paperwork with the FMCSA, Iguala Busmex was not qualified to operate outside of Texas. In reality, Iguala Busmex should never have been qualified to operate outside of Texas, because it was really just Angel Tours, which was Out of Service.
Where to start with this one? FMCSA looks very bad here. They placed Angel Tours OOS June 23, and six weeks later one of their buses is upside-down on the side of the road with 17 dead inside it. The fact is, FMCSA is not designed to handle the Angel De La Torre’s of the world. Changing company names goes on all the time. I discovered this while I worked at FMCSA, and I see more of it now that I’m on the other side of the fence. A marginal carrier, with a poor safety history is seeking a fresh start? Start a new company, get a new DOT#, and boom! Pure as the driven snow, operate as before, business as usual.
FMCSA has been historically lax in enforcing its Out of Service orders. Their process is, more or less, send out a certified letter, and deactivate the DOT#. Once in a great while, they might make a personal visit to the OOS carrier, just to make sure they’re not operating. At present, FMCSA does not have the personnel, or the desire to follow-through on the De La Torre-types to make sure they’re not operating.
It takes a staggering amount of work for FMCSA to catch guys like De La Torre who are ignoring their orders. First, the FMCSA division office has to determine how they’re operating, who owns the new company, who owns the equipment, is it substantially the same as the old company? This takes work. Then, if they think it’s the same company, they have to convince their bosses and attorneys in the regional office to follow-through. More work. FMCSA bosses, in general, don’t like work, and they hate losing in court, so they are ultra-conservative when it comes to pursuing scumbags like De La Torre. If FMCSA does decide to pursue action, the FMCSA attorneys have to go to court, usually hand-in-hand with the Department of Justice, seeking an injunction against the scumbag skirting the OOS Order. Much more work. An incredible amount of work.
Chasing down one of these scumbags can occupy a whole FMCSA office for weeks. It’s not as simple as just breaking out the handcuffs. One of the things FMCSA does not have is law enforcement powers. If you violate one of their Orders, nobody is going to put you in jail the next day. Ultimately, you could end up in jail, but it takes a long, long time, which is the point. FMCSA does not follow-through on their OOS Orders due to lack of manpower.
I would expect some serious fallout from this crash. We’re already starting to see some it. FMCSA has now declared Angel Tours/Iguala Busmex an “imminent hazard”, prohibiting them from operating anywhere. This is slightly different from the previous Order issued which only prohibited Angel Tours from operating outside the State of Texas. Of course, declaring Angel Tours an “imminent hazard” is kind of closing the door after the horse is gone.
I would expect a number of things to happen. It’s going to become much more difficult to get a DOT number. It will probably be harder to get Unsatisfactory ratings upgraded. No FMCSA official wants to be the guy who upgraded a De La Torre, and then find them in a big wreck. Carriers that are placed OOS will be scrutinized heavily to make sure they don’t move across the street and keep operating. FMCSA will probably become more aggressive in issuing Out of Service Orders. Back in the day, the agency used to issue “imminent hazard” Orders routinely. Now it only happens after someone gets killed. I predict the agency will start using these type of Orders again
None of this will happen tomorrow, as government moves very slowly. But as the investigation continues, and NTSB and Congress weigh-in, expect a crackdown from FMCSA.
Interesting Accident Case Study
Here’s a fatal crash that escaped my attention until now. This happened on April 11, 2003 in Glen Rock, PA, York County. That’s just down the road from me. A 21 year old driver of a 26,000 GVWR dump truck (non-CDL) lost his brakes on a steep hill, crashed into several cars and killed two people.
Here is the NTSB report on the crash. Very interesting. The owner of the truck was Blossom Valley Farms. The local district attorney decided to press charges against those responsible. The driver, Jaysen Newton, nursery manager, Jerry Snedden, and owner of Blossom Valley Farms, Todd Sachs were all convicted of charges stemming from the crash. Newton was sentenced to 9 months in jail, Snedden got probation, and Sachs was sentenced to 2 years in jail.
Summarizing the NTSB report: the truck was slightly overloaded, but they felt that was not a factor in the accident. The truck was on a road which heavy trucks are not supposed to use, because of the steep grade. The signs say no vehicles over 3/4 tons, except for local deliveries. The driver, who had only been working for Blossom Valley for 10 days, had not delivered to this receiver before, and thought he was making a local delivery. He was also following the directions printed for him by Blossom Valley.
The major factor in the accident was the air brakes on the truck were way out of adjustment. Following the crash, the NTSB applied the parking brakes on the truck. They were able to move the truck backwards and forwards easily, even with the parking brakes applied, showing there was virtually no braking force being applied to the wheels.
The truck was equipped with automatic slack adjusters (ASAs). The truck had its Pennsylvania State inspection 3 months before the accident, at which time the mechanic adjusted the brakes. Additionally the NTSB was able to uncover an instance in 2003 when the brakes were adjusted manually. Upon thorough inspection of the brakes, it was found that the clevis pins holding the ASAs on had warped and worn. Once they were replaced, the ASAs worked normally.
The lesson taken from the ASAs is they should work automatically, hence the name. If they are out of adjustment, manually adjusting them will only work temporarily. They will quickly be out of adjustment again. Mechanics should look for other causes and defects, if ASAs are out of adjustment.
The other factor in the accident was the driver. The driver tested positive following the accident for cocaine and marijuana, although the NTSB did not believe that drugs influenced the crash. However, the driver had never driven an air brake vehicle before working for Blossom Valley. When he crested the top of the steep hill, as he went down the hill, he pumped the brakes, which dissipated his air pressure. The driver did not realize that, unlike hydraulic brakes, pumping air brakes makes them stop working faster.
One question I get asked over and over again, and have never really know the answer to, is: do I need an air brake endorsement if I drive a non-CDL air brake vehicle? My answer has always been, call your State DMV, as these non-CDL vehicles are not covered by the licensing regulations in 49 CFR Part 383. I assumed the answer was “yes”, the State would make you pass some type of test to drive air brakes vehicles. After reading the NTSB report, I now know the answer is NO, there is no endorsement or training required to drive non-CDL air brake vehicles.
As for the accident aftermath, the local prosecutor decided the owner of the company was to blame and prosecuted him. It took 4.5 years, but he finally obtained a conviction in October, 2007. At least one employee of Blossom Valley Farms rolled on Sachs, the owner, telling the court he had previously advised Sachs the brakes were bad on the truck.
Other factors which may have played into the conviction: the driver was on drugs, and Sachs didn’t drug test him prior to employment. The truck should never have been on that road to begin with. Following the accident, the next year a Blossom Valley truck was again on that same road and ticketed. That’s really all I need to know about Todd Sachs. Here one of his trucks kills someone because they’re using a shortcut they’re not supposed to use, and he keeps using it! Sure looks to me as if he doesn’t give a damn.
Finally, despite the fact that the truck passed a Pennsylvania State inspection 3 months earlier, which is the equivalent to the Federal annual inspection, Sachs was still responsible for making sure his trucks were in properly operating condition. He was advised by one of his employees the brakes were bad. He should have investigated further as to what was wrong. But he didn’t, probably because it just wasn’t important enough to him.
Lastly, we have the local prosecutor. Well it took him forever and a day to prosecute the case, but in the end, he got the job done. As a consultant, you may think I should be against the Man ruining small businessmen only trying to make a living. That’s not the case here. I do not approve of regulatory agents run amuck strictly enforcing paperwork violations, which have no safety application. However, individuals who are reckess and negligent, like in this case, deserve everything they’ve got coming to them. Guys like Sachs make everyone who operate trucks look bad. Accidents like this happen all the time, and very rarely do the prosecutors actually do anything about it, largely because they don’t know much about the safety laws.
It is important you have a preventive maintenance schedule for your vehicles, and that your drivers are doing complete and thorough pre and post-trip inspections every day. If Blossom Valley had been even remotely taking care of its vehicles, this crash probably wouldn’t have happened.
