Safety Regulations Lacking in Low-Cost Tour Bus Industry
December 9, 2016 | Category: Personal Injury | ShareWith the explosive growth of casinos around the nation, and the popularity of the cruise industry, more and more low-cost bus services have become available. Safety experts say that the growth has been so fast that regulations and safety oversight have not been able to keep up.
In 2016 alone, there have been cases of low-cost tour bus accidents across the country some examples of which are shown below:
- The LA Times reported on October 24, 2016 that a low-cost tour bus crashed into a truck on the way back from the Red Earth Casino near Palm Springs, CA. The accident resulted in the deaths of 12 passengers and the driver. The bus did not have seat belts, nor, according to the article, do thousands of other buses which will be on the road for a long time as the result of the fact that there is no requirement to install them.
- Earlier in October a Gilmer County, GA tour bus carrying 43 people to a North Carolina casino crashed into the back of a tractor-trailer leaving 1 dead and 43 injured, according to WSBTV News.
Millions of passengers each year ride in discount tour buses, but there is little control over who drives the buses. Also, seat belts are not required for passenger seats, and Washington regulators often need to depend on handwritten logbooks when determining whether drivers are driving with too little sleep.
According to The Virginian-Pilot in 2011, driver fatigue, driving violations, mechanical failures, faulty brakes, faulty tire pressures, monitors, defective tires and inadequate inspections, are the causes of the majority of tour bus accidents.
The mainstream commercial bus industry is regulated by the Federal government. However, the Federal government and those representing the mainstream commercial bus industry, say that there are some discount carriers which may skirt safety regulations, driver training standards, and speed limits to deliver cheap tickets and shorter travel times.
Over the years safety experts have advocated for seat belts on all charter buses, driver training programs, and better ways to keep fatigued operators from getting behind the wheel of discount charter buses.
Seat Belt Requirement
Newly-manufactured charter buses are mandated by the NHTSA (National Highway Traffic and Safety Administration) to have seat belts as of November 2016. Charter buses already on the roads are not required to have seat belts. There is no retrofit requirement, according to the Los Angeles Daily News.
Tour Bus Driver Training Requirement
Although there has been years of rhetoric about requiring more training for charter bus drivers before they get behind the wheel of tour buses, nothing happened until March 2014 when the U. S. Department of Transportation’s Federal Motor Carrier Administration (FMCSA) proposed a set of national minimum training standards for the drivers. It is expected that the rule will not be activated until 2017. The minimum training would require 15 hours of behind-the-wheel training.
Driver Fatigue Requirement
The New York Times reported that driver fatigue is one of the major causes of low-cost bus accidents. In the California bus accident mentioned above, Chief Abele when interviewed about the accident, suggested the possibility that the driver was fatigued or there was an emergency medical situation such as a heart attack.
According to FMCSA, for-hire bus companies are required to obtain operating authority from it before providing interstate passenger transportation. The FMCSA has the following requirements for owner/operators:
- Drivers must possess a Commercial Driver’s License (CDL) with a passenger endorsement.
- Company must have a drug and alcohol testing program in place.
- Drivers are subject to limitations on the number of consecutive hours they can drive.
- Buses must be systematically inspected, repaired, and maintained to be in safe and proper operating conditions.
FMCSA suggests that before selecting a bus company, check the safety performance at http://www.fmcsa.dot.gov/safety-security/PCS/Consumers.aspx
“If you or a loved one has been injured in a tour bus or motor coach accident, contact the experienced attorneys at Spivey Law Firm, Personal Injury Attorneys, P.A. to determine your rights,” said Fort Myers Personal Injury Attorney, Randall Spivey.
Fort Myers Vehicle Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com. Visit SpiveyLaw.com for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, and P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.