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Safety Recommendation Details

Safety Recommendation H-12-016
Details
Synopsis: On March 12, 2011, about 5:38 a.m., a 1999 Prevost 56-passenger motorcoach, operated by World Wide Travel of Greater New York, headquartered in Brooklyn, was traveling southbound on Interstate 95, en route from the Mohegan Sun Casino in Uncasville, Connecticut, to New York City, and carrying 32 passengers. While in the vicinity of mile marker 3.2, the motorcoach departed from the travel lanes to the right, driving over the rumble strips on the right shoulder edge. The motorcoach then crossed over the 10-foot-wide paved shoulder and struck a strong-post W-beam guardrail, traveling about 480 feet alongside and on the guardrail, before finally overturning 90° onto its right side and flattening the guardrail. The front of the vehicle subsequently collided with a vertical highway signpost consisting of two vertical 8-inch-diameter steel tubular poles linked by cross-beam diagonal metal supports. The front roof also collided with a steel electrical box mounted to the sign support structure. After the motorcoach struck the support structure and electrical box, the two poles entered the passenger compartment along the base of the passenger windows as the vehicle slid forward. The impact resulted in the roof panel being torn from the bus body for almost the entire length of the bus. As a result of this accident, 15 passengers were killed, 17 passengers received serious-to-minor injuries, and the bus driver received minor injuries.
Recommendation: TO THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION: Revise 49 Code of Federal Regulations 384.225 to require that states retain on the Commercial Driver’s License Information System driver record all convictions, disqualifications, and other licensing actions for violations during the prior 10 years.
Original recommendation transmittal letter: PDF
Overall Status: Closed - Unacceptable Action
Mode: Highway
Location: New York City, NY, United States
Is Reiterated: No
Is Hazmat: No
Is NPRM: No
Accident #: HWY11MH005
Accident Reports: Motorcoach Run-Off-the-Road and Collision With Vertical Highway Signpost, Interstate 95 Southbound
Report #: HAR-12-01
Accident Date: 3/12/2011
Issue Date: 7/12/2012
Date Closed: 9/28/2016
Addressee(s) and Addressee Status: FMCSA (Closed - Unacceptable Action)
Keyword(s):

Safety Recommendation History
From: NTSB
To: FMCSA
Date: 5/6/2019
Response: The National Transportation Safety Board (NTSB) has reviewed the Federal Motor Carrier Safety Administration (FMCSA) Advance Notice of Proposed Rulemaking (ANPRM), “Qualification of Drivers, Employment Application,” published at 84 Federal Register 46, March 8, 2019. The FMCSA is requesting public comment on the value of, and need for, the requirement to have prospective drivers complete an employment application. The agency is also seeking comment on ways this requirement could be changed to reduce the associated paperwork burdens for drivers and motor carriers, including—but not limited to—the complete elimination of the requirement. For the reasons given below, the NTSB encourages the FMCSA to retain the requirement for an application for employment, including the 10 years of employment history. The NTSB has long supported complete and proper background investigations as one of the essential building blocks of a strong safety culture by motor carriers. The application and processes required by 49 CFR 391.21 are a critical step in determining the safety performance and background of applicants. CDL history was an issue in a motorcoach run-off-the-road and collision in New York City in 2012, for which the NTSB found that inadequate safety oversight of the driver was a contributing factor.5A driver’s history of crashes or moving violations is directly related to future crash risk. In the final report for this investigation, the NTSB stated that for pre-employment screening, motor carriers need access to a longer than 3-year history of a CDL record to make informed hiring decisions. As a result of this investigation, the NTSB issued Safety Recommendations H-12-15 and -16 to the FMCSA, as shown below: Revise 49 Code of Federal Regulations 391.23 to require that motor carriers obtain a 10-year driving history for all prospective commercial vehicle drivers. (H-12-15) Revise 49 Code of Federal Regulations 384.225 to require that states retain on the Commercial Driver’s License Information System driver record all convictions, disqualifications, and other licensing actions for violations during the prior 10 years. (H-12-16) Each of these two recommendations is classified “Closed—Unacceptable Action,” because the FMCSA took no action to revise the CFR.

From: NTSB
To: FMCSA
Date: 9/28/2016
Response: Our intent in issuing these recommendations was to improve the driver hiring process by ensuring motor carriers are provided sufficient driving history information to make informed hiring decisions. We are disappointed that, despite your efforts to develop the Pre-Employment Screening Program as a voluntary tool for carriers to use to identify high-risk drivers, there is no regulatory change that ensures all carriers will have access to better information. Because you do not plan to revise the CFR as recommended, Safety Recommendations H-12-015 and -016 are classified CLOSED—UNACCEPTABLE ACTION.

From: FMCSA
To: NTSB
Date: 4/29/2016
Response: -From Michael Jordan, Management and Program Analyst, Strategic Planning and Program Evaluation Division, Federal Motor Carrier Safety Administration: • FMCSA reiterates its previously communicated position concerning safety recommendation H-12-016, dated February 27, 2013. • The FMCSA believes the decision of how long to retain information about convictions, disqualifications, and other licensing actions of CDL holders should be left to the discretion of the States once the minimum requirements of 49 CFR 384.225 have been satisfied. Section 384.225(d) requires States to retain on the Commercial Driver's License Information System (CDLIS) driver record all convictions, disqualifications, and other licensing actions for violations for at least 3 years or longer as required under 49 CPR 384.231(d). Section 384.231(d) requires the maintenance of driver records on the CDLIS as the FMCSA finds are necessary for the implementation and enforcement of the disqualifications called for in § 384.215 through 384.219, and 384.221 through 384.224. • The sections referenced above cover the handling of convictions for certain disqualifying offenses listed in 49 CFR 383.51 (items (1) through (9)) [49 CFR 384.215], convictions for second offenses listed in 49 CFR 383.51 [49 CFR 384.215]; convictions for drug offenses [49 CFR 384.217]; convictions for a driver's second "serious traffic violation," as provided in Table 2 of 49 CFR 383.51 [49 CFR 384.218]; convictions for a driver's third serious traffic violation, as provided in Table 2 of 49 CFR 383.51 [49 CFR 384.219]; convictions for violations of 49 CFR 392.5(a) and (c) concerning the prohibition against the consumption of alcoholic beverages [49 CFR 384.221]; convictions for violation of out-of-service orders as provided in 49 CFR 383.37(c), Table 4 to 49 CFR 383.51 and 383.53(b) [49 CFR 384.222]; convictions for railroad-highway grade crossing violations as provided in 383.37(d), Table 3 to 49 CPR 383.51, and 383.53(c) [49 CFR 384.223]; and, convictions of CDL holders for certain offenses that happen while they are operating non-commercial motor vehicles as provided in Tables 1 and 2 to 49 CFR 383.51 [49 CFR 384.224]. • States are currently required to retain information about all convictions, disqualifications, and other licensing actions of CDL holders for at least 3 years, with the explicit requirement to retain such records for as long as needed to support the full enforcement of the convictions listed above. In consideration of the comprehensive list of convictions covered above, FMCSA reiterates that it does not believe it is necessary to adopt a blanket requirement to retain all convictions for 10 years. • FMCSA requests NTSB close safety recommendation H-12-016.

From: NTSB
To: FMCSA
Date: 5/23/2013
Response: The intent of these recommendations is to provide motor carriers with as much information as possible to make an effective hiring decision. The findings of our New York City investigation show that the current FMCSA regulations and the voluntary Pre-Employment Screening Program do not provide sufficient information to identify the safety performance issues of prospective CMV drivers. Although the FMCSA plans to promulgate rulemaking to create a national driver notification system in response to a provision of the Moving Ahead for Progress in the 21st Century Act, and such a system may help carriers to monitor drivers already in their employ, there is no indication that it would improve pre-hire screening. Yet, the FMCSA has indicated that it plans no further action on these recommendations. We urge the FMCSA to reconsider its position. In the meantime, Safety Recommendations H-12-15 and -16 are classified OPEN—UNACCEPTABLE RESPONSE.

From: FMCSA
To: NTSB
Date: 2/27/2013
Response: -From Anne S. Ferro, Administrator: The FMCSA believes the decision of how long to retain information about convictions, disqualifications, and other licensing actions of CDL holders should be left to the discretion of the States once the minimum requirements of 49 CFR 384.225 have been satisfied. Section 384.225(d) requires States to retain on the Commercial Driver's License Information System (CDLIS) driver record all convictions, disqualifications, and other licensing actions for violations for at least 3 years or longer as required under 49 CFR 384.231 (d). Section 384.231 (d) requires the maintenance of driver records on the COLIS as the FMCSA finds are necessary for the implementation and enforcement of the disqualifications called for in §§ 384.215 through 384.219, and 384.221 through 384.224. The sections referenced above cover the handling of convictions for certain disqualifying offenses listed in 49 CFR 383.51 (items (1) through (9))[49 CFR 384.215], convictions for second offenses listed in 49 CFR 383.51 [49 CFR 384.215]; convictions for drug offenses [49 CFR 384.217]; convictions for a driver's second "serious traffic violation," as provided in Table 2 of 49 CFR 383.51 [49 CFR 384.218]; convictions for a driver's third serious traffic violation, as provided in Table 2 of 49 CFR 383.51 [49 CFR 384.219]; convictions for violations of 49 CFR 392.5(a) and (c) concerning the prohibition against the consumption of alcoholic beverages [49 CFR 384.221]; convictions for violation of out-of-service orders as provided in 49 CFR 383.37(c), Table 4 to 49 CFR 383.51 and 383.53(b) [49 CFR 384.222]; convictions for railroad-highway grade crossing violations as provided in 383.37(d), Table 3 to 49 CFR 383.51, and 383.53(c)[49 CFR 384.223]; and convictions of COL holders for certain offenses that happen while they are operating noncommercial motor vehicles as provided in Tables 1 and 2 to 49 CFR 383.51[49 CFR 384.224]. Therefore, the States are currently required to retain information about all convictions, disqualifications, and other licensing actions of COL holders for at least 3 years, with the explicit requirement to retain such records for as long as needed to support the full enforcement of the convictions listed above. In consideration of the comprehensive list of convictions covered above, FMCSA does not believe it is necessary to adopt a blanket requirement to retain all convictions for 10 years. Based on the information provided, FMC SA respectfully requests that NTSB classify Safety Recommendation H-12-16 as "Closed-Acceptable-Alternate."