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Safety Recommendation Details

Safety Recommendation H-05-006
Details
Synopsis: These recommendations address the adequacy of State and Federal oversight of motor carriers, the identification and appropriate use of speed-restricted tires on motorcoaches, and the criteria for State and Federal annual inspections of motorcoach passenger seating anchorage points. The recommendations are derived from the Safety Board’s investigation of the motorcoach run-off-the-road accident that took place in Tallulah, Louisiana, on October 13, 2003, and are consistent with the evidence we found and the analysis we performed. As a result of this investigation, the Safety Board has issued 11 safety recommendations, 3 of which are addressed to the American Association of Motor Vehicle Administrators (AAMVA). Information supporting the recommendations is discussed below. The Safety Board would appreciate a response from you within 90 days addressing the actions you have taken or intend to take to implement our recommendations.
Recommendation: TO THE AMERICAN ASSOCIATION OF MOTOR VEHICLE ADMINISTRATORS: Develop, and disseminate to the States, model language for title and registration applications to alert applicants to the Federal definition of a commercial vehicle and to the need to contact the Federal Motor Carrier Safety Administration for guidance on obtaining a U.S. Department of Transportation number and on determining the applicability of Federal safety regulations to their vehicle.
Original recommendation transmittal letter: PDF
Overall Status: Closed - Unacceptable Action
Mode: Highway
Location: Tallulah, LA, United States
Is Reiterated: No
Is Hazmat: No
Is NPRM: No
Accident #: hwy04mh002
Accident Reports: Motorcoach Run-Off-The-Road Accident
Report #: HAR-05-01
Accident Date: 10/13/2003
Issue Date: 4/27/2005
Date Closed: 11/29/2010
Addressee(s) and Addressee Status: American Association of Motor Vehicle Administrators (Closed - Unacceptable Action)
Keyword(s):

Safety Recommendation History
From: NTSB
To: American Association of Motor Vehicle Administrators
Date: 11/29/2010
Response: The NTSB notes that AAMVA encourages its membership to address safety regulations at the time of vehicle registration and informs its members of changes to Federal definitions as they occur. However, because Congress is currently considering the Motorcoach Enhanced Safety Act (S. 544), which could modify current Federal definitions, you indicate that it is AAMVA’s intent not to provide model language for the definitions at this time. Further, AAMVA indicates that it believes guidance on obtaining a U.S. Department of Transportation (DOT) number and the applicability of Federal safety regulations should be provided for (and distributed by) the Federal agency responsible for its current status to avoid confusion on best practices, to determine where current administrative language applies, and to alleviate conflicting operational processes. The NTSB’s intent in issuing this recommendation was for AAMVA to reference information currently available on the Federal Motor Carrier Safety Administration’s website and in the Code of Federal Regulations when creating model language for its jurisdictions, which would alleviate any confusion on best practices. However, this recommendation was issued over 5 years ago and AAMVA has not yet completed the recommended action. Accordingly, this recommendation is classified CLOSED -- UNACCEPTABLE ACTION. The NTSB would appreciate receiving an update if AAMVA develops model language for these definitions. At that time, we may reclassify the recommendation.

From: American Association of Motor Vehicle Administrators
To: NTSB
Date: 5/6/2010
Response: Letter Mail Controlled 5/20/2010 12:17:10 PM MC# 2100176 - From Neil D. Schuster, President and CEO: The American Association of Motor Vehicle Administrators thanks the National Transportation Safety Board for its request regarding H-05-06 through -08 regarding State and Federal oversight of motor carriers, the identification and appropriate use of speed-restricted tires on motorcoaches, and the criteria for State and Federal annual inspections of motorcoach passenger seating anchorage points. Specifically, NTSB noted: 'The Safety Board believes that AAMVA should develop, and disseminate to the States, model language for title and registration applications to alert applicants to the Federal definition of a commercial vehicle and to the need to contact the FMCSA for guidance on obtaining a USDOT number and on determining the applicability of Federal safety regulations to their vehicle." AAMVA understands the need to alert applicants to federal definitions, and is in constant communication with its jurisdictional membership to advise them of any updates to the Code of Federal Regulations. AAMVA encourages its membership to address safety regulations at the time of vehicle registration, and is informing its membership of all changes to federal definitions as they occur. However, because Congress is currently considering wholesale changes to the oversight of motorcoach services through the Motorcoach Enhanced Safety Act (S. 554); and because we believe this legislation will work towards modifying these definitions, we feel it may be premature to provide advisory language at this time. Further, AAMVA believes guidance on obtaining a USDOT number and the applicability of federal safety regulations should be provided for (and distributed by) the federal agency responsible for its current status. AAMVA believes advisory language must come directly from USDOT as this would alleviate any confusion on best practices, determine where current administrative language applies, and alleviate conflicting operational process. AAMVA thanks the NTSB for its recommendations and continued work in furthering roadway safety. We look forward to working with the Board in the future and welcome the opportunity to work collaboratively in advancing national safety priorities.

From: NTSB
To: American Association of Motor Vehicle Administrators
Date: 3/19/2010
Response: The NTSB notes that AAMVA communicates regularly with its jurisdictional membership to advise members of updates to federal regulations and to encourage them to address safety regulations at the time of vehicle registration. AAMVA indicates that it can work to create model language for jurisdictions to use on registration forms as guidance on obtaining a DOT number and on the applicability of federal safety regulations to the vehicles being registered; the NTSB encourages AAMVA to do so. Pending the development and dissemination of such model language, Safety Recommendation H-05-6 is classified OPEN -- ACCEPTABLE RESPONSE. The NTSB would appreciate receiving a copy of the model language when it is disseminated to the states.

From: American Association of Motor Vehicle Administrators
To: NTSB
Date: 4/9/2009
Response: Letter Mail Controlled 4/23/2009 4:40:27 PM MC# 2090253: - From Neil D. Schuster, President and CEO: AAMVA understands the need to alert applicants to federal definitions, and is in constant communication with its jurisdictional membership to advise them of any updates to the Code of Federal Regulations. AAMVA encourages its membership to address safety regulations at the time of vehicle registration, and can work to create model language for jurisdictions to use on the registration forms for guidance on obtaining a DOT number and on applicability of federal safety regulations.