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 Regulators aren’t taking bus safety seriously

 

Friday’s bus crash, which killed seven people south of Hoover Dam, was the latest in a series of catastrophic motorcoach accidents. Nationwide, the past six months have seen five crashes that have resulted in 35 deaths and scores of injuries. This epidemic begs us to ask why the motorcoach industry and federal regulators, who are charged with our citizens’ safety, have done nothing in the face of known safety risks.

The preliminary reports indicate that the motorcoach in Friday’s accident, which occurred in Dolan Springs, Ariz., rolled over, killing seven people and injuring 10 others, many of whom remain in serious condition. Although the cause of the accident has yet to be determined, the known facts indicate that these casualties were likely preventable but for the inaction of government regulators and the negligence of the company operating the bus.

The motorcoach industry played its role by consistently refusing to enforce current safety regulations. The charter bus company operating the bus had its license revoked by the California Public Utilities Commission this week because of the expiration of its liability insurance. Furthermore, the commission had fined the bus company last year for using two unlicensed subcarriers. These are troubling signs of a serious lack of safety culture in the motorcoach industry.

But despite this callous disregard for the safety of its passengers, charter bus companies are not solely to blame for the injury and death that has plagued the industry. Equally troubling is the tombstone policy of federal regulators, whereby safety improvements are not mandated until a sufficient number of people have died to justify the cost of implementing new rules.

While I was chairman of the National Transportation Safety Board from 1994 to 2001, it was readily apparent that our nation’s buses were not safe, especially in accidents involving rollovers.

That’s why in 1999 the board commissioned a crashworthiness study out of which came a recommendation to the National Highway Traffic Safety Administration — the federal regulator responsible for enacting and enforcing rules regarding bus safety — that every motorcoach be equipped with a crash-protection system that would keep passengers in their seats during rollovers. The study also suggested strengthening the glazing on large windows to prevent ejections. Furthermore, I personally called for the safety administration to require seat belts.

Given that initial reports after Friday’s crash indicate that six of the passengers who were killed were ejected through the windows, these safety improvements — especially seat belts — would have likely prevented or minimized the number of deaths and injuries in this tragic accident.

There appear to be only two reasons why inaction on the part of federal regulators has continued. First is the successful lobbying effort of the bus industry. The safety administration has repeatedly argued against the installation of seat belts, claiming that installation costs would be high, seating capacity would be decreased and enforcing seat belt use would be difficult.

The agency seems inclined to listen to the American Bus Association, which said after a recent crash that increasing safety measures would be an “industry killer.” But with an average of nearly six deaths a month for the past half-year, it is clear that the industry is the killer, operating unsafe vehicles in an unsafe manner, while our regulators sit idly by.

Furthermore, our government’s inaction seems a clear example of class bias. Last month the Federal Aviation Administration proudly announced two years of fatality-free flying in commercial aviation. This enviable safety record did not occur by chance.

Aviation enjoys a culture of oversight, strict regulations and harsh punishments for violation of standards, while bus owners and drivers are allowed to operate in negligent conditions every day. In short, those who can afford to fly are afforded a higher level of safety than those who cannot.

I have always felt that the government should embrace the philosophy of Thomas Jefferson, who said, “The care of human life and happiness, and not their destruction, is the first and only legitimate object of good government.” Sadly, as Friday’s tragedy highlights, neither our government nor the motorcoach industry consistently endorses this philosophy. I hope this needless loss of life will cause both to finally put safety first.

Jim Hall is a former chairman of the National Transportation Safety Board. He is the managing partner of Hall & Associates, a safety consulting firm in Washington, D.C.

 

 

 

 

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