Virginia and New York Bus Accidents Highlight Need for Better Regulations

July 14, 2011

The serious bus accidents of 2011 have put U.S. bus safety into question. Are tour buses, school buses and city buses safe? If not, are there steps that can be taken to improve safety? This article will explore recent bus accidents, current and proposed bus regulations, and initiatives in place to improve bus safety.

Bus Accidents in 2011

Two significant bus accidents have made the news in the last few months. In May, a tour bus travelling from Greensboro, North Carolina to New York City crashed in Virginia, killing four people and injuring dozens more. The bus driver had apparently fallen asleep at the wheel.

The Virginia bus accident came on the heels of an even deadlier bus crash in New York. Fifteen bus riders were killed when a motor coach bus lost control in the Bronx. That bus accident was caused in part by speeding.

Current Bus Regulations

Most bus drivers carrying passengers across state lines must follow federal regulations for commercial vehicles. For example, under the U.S. Department of Transportation's Federal Motor Carrier Safety Administration's (FMCSA's) regulations, a bus driver must not drive more than 10 hours at a time without taking an eight-hour break.

In order to carry passengers, bus drivers must know the proper passenger loading procedures, proper response to emergency situations, and other procedures. If a driver commits a serious traffic offense -- such as drinking and driving -- the regulations dictate a minimum amount of time that the driver's commercial driver's license (CDL) should be suspended.

There are also regulations regarding how buses are built and maintained, including regulations involving rollover and crash protection for school buses.

However, the bus regulations do not cover many of the safety factors that have been put into place for cars and other passenger vehicles over the last few decades. Furthermore, the U.S. Department of Transportation (DOT) does not consistently enforce the regulations. After the deadly bus accidents in Virginia and New York, politicians and others across the country are asking for improved bus safety regulations and enforcement.

U.S. Senators Ask for Tighter Safety Measures and Safety Ratings Disclosure

In early June, six U.S. senators wrote a letter to Transportation Secretary Ray LaHood asking for stronger safety measures to help prevent bus accidents caused by driver fatigue. The letter criticized the Department of Transportation for its inconsistent enforcement of bus safety regulations and requested swifter action against dangerous bus companies.

U.S. Senator Charles Schumer (N.Y.) also believes more can and should be done to expose unsafe tour buses and increase bus safety. On June 20, 2011, Schumer requested that the DOT and the FMCSA create clearer ratings systems for tour bus companies and require those companies to display their ratings to passengers buying tickets.

Currently, the FMCSA establishes safety ratings through "Safety Fitness Procedures." These procedures require bus companies to demonstrate that safety management controls are in place and that they are in compliance with FMCSA directives. Motor carriers that do not meet these requirements are rated "unsatisfactory" or "conditional."

Schumer's proposed ratings disclosure would not only increase bus safety, but would also alert the public to unsafe tour bus companies, helping passengers make informed transportation decisions. This is especially important when some tour bus companies -- such as Sky Express -- have had multiple past citations.

Motorcoach Enhanced Safety Act of 2011

Legislation currently pending before the U.S. Legislature also asks for greater bus safety. If passed, the bill would require, among other things:
- Seat belts on all buses
- Technology to prevent roof collapses during bus rollovers
- Enforced windows and seats to prevent passenger ejection
- Improved bus driver training
- Fire safety systems
- Data recorders

Bus safety bills are not new. However, in light of recent bus accidents, there is a societal push for greater oversight and measures to prevent bus accident fatalities; a push that gives this bill life.

Preventative Actions by the U.S. Department of Transportation

The DOT has strengthened its compliance review policies after the deadly Virginia bus accident. The company responsible for the crash -- North Carolina bus company Sky Express -- had a number of safety issues, including multiple citations for poor vehicle maintenance, driver fitness, violation of hours of operation regulations, drug and alcohol issues, drowsy driving and general unsafe driving. In fact, the DOT was going to revoke Sky Express' operating license but had given the company ten additional days to appeal that decision. The deadly bus crash happened during that ten-day appeal period.

According to Transportation Secretary Ray LaHood, the DOT will no longer give erring bus companies extensions to appeal an operating license revocation.

What Should You Do if You or a Loved One Is Injured in a Bus Accident?

Unfortunately, better regulations will not stop all bus accidents from occurring. While the Virginia bus accident could have been prevented by suspending the erring bus company, many fatal bus accidents are caused in large part by driver negligence and recklessness. Furthermore, some motor carriers blatantly ignore the rules, pressuring drivers to drive too long and committing other serious errors. When a bus company's or bus driver's actions cause injury or death, they can be held accountable through a personal injury lawsuit. To learn more, contact an experienced bus accident lawyer near you.

Article provided by Roy S. Hiller
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