California Bus Accident Raises Questions About Bus Safety, Federal Regulations

March 27, 2013

California Bus Accident Raises Questions About Bus Safety, Federal Regulations

In February 2013, a tour bus crashed near Big Bear, California, killing seven people and injuring dozens more. The driver of the bus claimed that the brakes stopped working, sending the bus hurtling down a hill and into other vehicles.

This California bus crash has raised many questions: Did the brakes fail? If so, were the brakes defective or did the bus company fail to properly maintain them? The bus company was based in California, and was required to follow federal tour bus regulations.

An 'Imminent Hazard To Public Safety'

Accident investigations can take months, and federal investigators have yet to determine the exact cause of the California tour bus accident. There is, however, evidence from a May 2012 California Highway Patrol inspection of the bus involved in the accident, that 20 percent of its brakes were defective. The bus company, Scapadas Magicas, was supposed to fix the "brakes out of service" violation, but it is not clear that the company did, in fact, fix them.

In response to the accident, the Federal Motor Carrier Safety Administration (FMCSA) shut down Scapadas Magicas because it found the company to be an "imminent hazard to public safety." The company had accumulated more than 59 bus maintenance violation citations in just two years and was on a federal watch list.

Scapadas Magicas had also provided false and misleading information to federal bus inspectors in January 2013. During a scheduled inspection, the bus company claimed that it systematically maintained and repaired its buses. The FMCSA accepted those claims because it relied on an "honor system" for annual inspections -- if a company showed proper maintenance records, it passed. Now, the FMCSA plans to physically inspect all buses during annual inspections.

FMCSA Vows Action After California Tour Bus Crash

"The tragedy of any one of these crashes, like the one from San Diego, is a call to action for us," a FMCSA administrator said after the Scapadas Magicas bus accident. "We are taking ... a very in-depth look at the process we use for investigating motorcoach companies to ensure that we are driving toward a zero-crash, zero-fatality outcome."

Hopefully, the results from this "in-depth look" will lead to stricter penalties for bus companies that fail to follow regulations. In February, the FMCSA also announced a Quick Strike Action Plan to improve motorcoach safety. The plan includes:
-Launching an investigation targeting tour bus companies with a history of accidents or safety violations. Starting in April, specially trained safety investigators will visit these high-risk carriers to determine whether safety improvements have been made.
-Conducting a national risk assessment
-Improving investigator and inspector trainings
-Assessing all tour bus companies for safety management controls

The Quick Strike Action Plan is a continuation of the Motorcoach Safety Action Plan, which has focused on bus safety for four years. During that time, tour bus inspections have increased threefold, and multiple companies have been put on watch lists or shut down after routinely ignoring federal regulations and safety rules. As the FMCSA admits, however, "There have been too many deadly bus crashes, such as the recent ones in Oregon and California, which have had devastating impacts."

Federal Regulation Of International And Domestic Tour Buses

In the past month, families have brought the first wrongful death and personal injury lawsuits against Scapadas Magicas and the tour bus driver. The lawsuits claim that Scapadas Magicas failed to follow federal tour bus regulations and properly maintain its buses. Its negligence, the personal injury suits allege, caused injury and death to passengers. If successful, the lawsuits will hold one bus company accountable for its terrible decisions.

But what about other bus companies that skirt the rules?

All bus companies that transport passengers in the U.S., including those based in Mexico and Canada, must follow federal bus regulations while operating in the U.S. The companies must undergo annual inspections and random roadside inspections. If a bus fails an inspection, the company that owns the bus will receive a citation and it may be put on a federal watch list, depending on the number of citations the company previously received.

Key regulations that motorcoach companies must follow include:
-Hours of service regulations: Tour bus drivers may not drive more than 10 hours following eight consecutive off-duty hours, or more than 60 hours in any one week (or more than 70 hours in eight consecutive days if the carrier operates seven days a week). Drivers must keep track of their driving hours on a daily log. These rules are in place to prevent drowsy driving bus accidents.
-Brakes: There are very specific brake regulations for motorcoach companies. For example, system leakage should be less than five psi in two minutes. Parking brakes should not be used for emergencies. Bus companies must inspect brakes regularly.
-Inspections and maintenance: Bus companies must ensure that their buses are in "safe and proper operating condition at all times." This includes systematically inspecting and maintaining vehicles. Emergency doors, for example, must be inspected every 90 days. After the completion of every day's work, a driver must inspect his or her bus, including inspecting brakes, tires, emergency equipment, lights and mirrors.

Bus companies driving on U.S. roads must follow many more rules and regulations. Failure to follow regulations can lead to citations and a bus may be removed from operation until it is repaired. However, as we saw with Scapadas Magicas, a bus company can receive dozens of citations before the federal government puts it on a watch list, which means dangerous, rule-breaking companies may be allowed to continue operation until they cause a serious or fatal bus accident.
Injured In A Motorcoach Accident?

If you have been injured or lost a loved one in a motorcoach accident, you may be able to hold the bus company and driver accountable through a personal injury lawsuit. By taking action, you may be able to recover compensation for your injuries (including physical, financial and emotional damages). Perhaps more importantly, personal injury lawsuits tell bus companies that we will not accept substandard transportation or safety violations.

Hopefully, the federal government will also make bus passenger safety a top priority this year.

Article provided by The McClellan Law Firm
Visit us at www.mcclellanlaw.com