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Safety Recommendation Details

Safety Recommendation H-86-065
Details
Synopsis: ABOUT 7:51 P.M. ON JUNE 21, 1985, A PRIVATELY-OWNED, 70,000 POUND TRACTOR-SEMITRAILER OPERATING IN INTERSTATE COMMERCE UNDER A TRIP-LEASE AGREEMENT WITH C. MAXWELL TRUCKING COMPANY, INC., LOST CONTROL WHILE DESCENDING A STEEP 3,439 FOOT GRADE ON SOUTHBOUND STATE ROUTE 59 IN DOWNTOWN VAN BUREN, ARKANSAS. THE TRUCK COLLIDED WITH THE REAR OF AND OVERRODE A STATION WAGON WHICH WAS STOPPED AT THE BOTTOM OF THE HILL. THE TRUCK AND THE STATION WAGON CONTINUED 84 FEET FORWARD, ACROSS AN INTERSECTION, UP A CURB, AND THROUGH A GUARDRAIL. THEY THEN TRAVELED ANOTHER 22 FEET AND STRUCK TWO COMMERCIAL BUILDINGS. A FIRE ENSUED AND ENGULFED BOTH VEHICLES AND THREE BUILDINGS. BOTH OCCUPANTS IN THE TRUCK AND THE SEVEN OCCUPANTS IN THE STATION WAGON WERE FATALLY INJURED.
Recommendation: THE NTSB RECOMMENDS THAT THE BUREAU OF MOTOR CARRIER SAFETY: AMEND PART 391 OF THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS AND THE DRIVER OUT-OF-SERVICE CRITERIA TO PROVIDE FOR DECLARING OUT-OF-SERVICE AT THE TIME AND PLACE OF A DRIVER/ VEHICLE ROADSIDE INSPECTION THOSE DRIVERS WHO ARE FOUND TO BE UNDERAGE OR OTHERWISE DISQUALIFIED, AND ENCOURAGE STATES PARTICIPATING IN THE MOTOR CARRIER SAFETY ASSISTANCE PROGRAM TO ADOPT SIMILAR PROCEDURES.
Original recommendation transmittal letter: PDF
Overall Status: Closed - Acceptable Alternate Action
Mode: Highway
Location: Van Buren, AR, United States
Is Reiterated: No
Is Hazmat: No
Is NPRM: No
Accident #: DCA85MH009
Accident Reports: Tractor-Semitrailer/Station Wagon Runway, Collision, and Fire
Report #: HAR-86-03
Accident Date: 6/21/1985
Issue Date: 9/16/1986
Date Closed: 10/3/1988
Addressee(s) and Addressee Status: FHWA (Closed - Acceptable Alternate Action)
Keyword(s):

Safety Recommendation History
From: NTSB
To: FHWA
Date: 10/3/1988
Response:

From: FHWA
To: NTSB
Date: 6/30/1988
Response: THE FHWA OFFICE OF MOTOR CARRIERS ISSUED TO ITS FIELD STAFF AND PARTICIPATING MCSAP STATE, ON FEBRUARY 19, 1988, THE "NORTH AMERICAN UNIFORM DRIVER-VEHICLE INSPECTION OUT-OF SERVICE CRITERIA" WHICH PROVIDES FOR REMOVING OR PLACING OUT-OF-SERVICE UNDERAGE DRIVERS AND OTHER DRIVERS NOT QUALIFIED TO DRIVE COMMERCIAL MOTOR VEHICLE. A COPY OF THE CRITERIA IS ATTACHED. WE BELIEVE THIS FULFILLS THE BOARD'S RECOMMENDATION AND REQUESTS THIS CASE BE CLOSED.

From: NTSB
To: FHWA
Date: 7/21/1987
Response:

From: FHWA
To: NTSB
Date: 5/26/1987
Response: TO DECLARE A DRIVER OUT OF SERVICE AT A ROADSIDE CHECKPOINT FOR OTHER THAN HOURS OF SERVICE VIOLATIONS, WHICH ARE SELF EVIDENT FROM THE RECORDS OF DUTY STATUS, MAY COMPROMISE ADEQUATE CONSIDERATION OF THE PERSON'S "DUE PORCESS RIGHTS." PLACING A DRIVER OUT OF SERVICE, WITH THE LIMITED INFORMATION AVAILABLE AT A CHECKPOINT, BECAUSE HE OR SHE APPEARS TO BE DISQUALIFIED, COULD RESULT IN TERMINATING THE PERSON'S JOB. THEREBY, THE PERSON'S ABILITY TO EARN A LIVELIHOOD WOULD BE JEOPARDIZED. ON THE OTHER HAND, FAILURE TO PLACE OUT OF SERVICE AN UNDERAGE DRIVER OR A DRIVER WITH ONLY ONE EYE, WHO HAS NO WAIVER, WOULD BE INVITING A CATASTROPHIC ACCIDENT. STATISTICS COMPILED BY INSURANCE COMPANIES AND OTHER SOURCES SHOW THAT DRIVERS UNDER THE AGE OF 21 YEARS ARE INVOLVED IN MORE ACCIDENTS THAN OLDER DRIVERS. THIS IS THE SUBJECT THAT REQUIRES COORDINATION WITH THE MCSAP STATES, THE CVSA, AND THE INVOLVED INDUSTRY GROUPS SINCE THEY ALL HAVE VITAL INTEREST IN THE ROADSIDE DRIVER-VEHICLE INSPECTION PROGRAM. THEREFORE, THE FHWA HAS BY LETTER TO THE CVSA DRIVER OUT-OF-SERVICE COMMITTEE REQUESTED THE RE COMMENDATION BE PLACED ON THE AGENDA OF THE CVSA SPRING MEETING SCHEDULED FOR MAY 19, 20, AND 21 IN PHOENIX, ARIZONA. THE FHWA IS REPRESENTED ON THIS COMMITTEE AND WILL PARTICIPATE IN THE RESOLUTION OF THIS MATTER.