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Safety Recommendation Details

Safety Recommendation H-86-066
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: STUDY THE FEASIBILITY OF IMPLEMENTING A POINT SYSTEM FOR SAFETY INSPECTION VIOLATIONS THAT IN AND OF THEMSELVES ARE NOT GROUNDS FOR A COMMERCIAL VEHICLE TO BE "DECLARED OUT-OF SERVICE," BUT WHICH WOULD, BASED ON QUANTITY, BE CAUSE FOR DECLARING A VEHICLE OUT-OF-SERVICE.
Original recommendation transmittal letter: PDF
Overall Status: Closed - Acceptable 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: 11/12/1992
Addressee(s) and Addressee Status: FHWA (Closed - Acceptable Action)
Keyword(s):

Safety Recommendation History
From: NTSB
To: FHWA
Date: 11/12/1992
Response: THE BOARD NOTES THAT THE UNIFORM SANCTIONS COMMITTEE OF THE COMMERCIAL VEHICLE SAFETY ALLIANCE (CVSA) HAS DEVELOPED A RECOMMENDED MAXIMUM SCHEDULE OF FINES INCLUDING RECOMMENDED FINES FOR FIRST TIME & REPEATED VIOLATIONS. FURTHERMORE, WE ALSO UNDERSTAND THAT THE SAFETYNET INFORMATION SYSTEM CONTINUES TO PROVIDE DATA ON THE PERFORMANCE OF COMMERCIAL VEHICLES & DRIVERS DURING ROADSIDE INSPECTIONS & THAT THIS INFORMATION IS USED TO IDENTIFY PROBLEM MOTOR CARRIERS. THE NUMBER OF STATE SAFETY & COMPLIANCE REVIEWS OF MOTOR CARRIERS CONTINUES TO INCREASE, THUS INCREASING THE OVERALL IMPACT OF THE FEDERAL/STATE SAFETY PROGRAM. SINCE THE OUT-OF-SERVICE CRITERIA FOR MOTOR CARRIERS ARE CONTINUOUSLY REVIEWED BY THE FHWA & THE CVSA, RECOMMENDATION H-86-66 HAS BEEN CLASSIFIED AS "CLOSED--ACCEPTABLE ACTION."

From: FHWA
To: NTSB
Date: 6/23/1992
Response: ROADSIDE VIOLATIONS RESULT IN STATE PENALTIES WHICH ARE A FURTHER DETERRENT TO THE MOTOR CARRIER WHO MAY TEND TO OPERATE MARGINAL EQUIPMENT OR HIRE POOR DRIVERS. THE CVSA'S UNIFORM SANCTIONS COMMITTEE, WITH FULL PARTICIPATION AND ENCOURAGEMENT FROM THE FHWA, HAS DEVELOPED A RECOMMENDED MAXIMUM SCHEDULE OF FINES. THE FINE STRUCTURE INCLUDES RECOMMENDED FINES FOR THE FIRST TIME AND REPEATED VIOLATIONS. STATES CONTINUE TO INCREASE THE NUMBERS OF REVIEWS THEY CONDUCT AT A MOTOR CARRIER'S PLACE OF BUSINESS. THE USE OF STATE RESOURCES FOR THIS PURPOSE GREATLY INCREASES THE OVERALL IMPACT OF THE FEDERAL/STATE SAFETY PROGRAM.

From: NTSB
To: FHWA
Date: 3/4/1991
Response:

From: FHWA
To: NTSB
Date: 11/23/1990
Response: THE SAFETYNET INFORMATION SYSTEM IS NOW PROVIDING US WITH DATA ON THE PERFORMANCE OF MOTOR CARRIERS' VEHICLES AND DRIVERS DURING ROADSIDE INSPECTIONS. THIS INFORMATION IS USED TO TARGET PROBLEM MOTOR CARRIERS FOR FURTHER CONTACTS AND TO IDENTIFY TENDS IN VEHICLE PART DEFECTS AND DRIVER VIOLATIONS. ROADSIDE VIOLATIONS RESULT IN STATE PENALTIES WHICH ARE A FURTHER DETERRENT TO THE MOTOR CARRIER WHO MAY TEND TO OPERATE MARGINAL EQUIPMENT OR HIRE POOR DRIVERS. THE CVSA, WITH FULL PARTICIPATION AND ENCOURAGEMENT FROM THE FHWA, HAS CREATED A UNIFORM SANCTIONS COMMITTEE.

From: NTSB
To: FHWA
Date: 10/30/1988
Response:

From: FHWA
To: NTSB
Date: 6/30/1988
Response: IN OCTOBER OF 1987 AT THE COMMERCIAL VEHICLE SAFETY ALLIANCE ANNUAL MEETING IN DETROIT, MICHIGAN ATTENDED BY MEMBERS FROM APPROXIMATELY 40 STATES AND 3 CANADIAN PROVINCES, THE NEW UNIFORM OUT-OF-SERVICE CRITERIA WAS RATIFIED AND ADOPTED. IT WAS AGREED THAT THE FHWA WOULD REVIEW THE ADOPTED NEW CRITERIA AND ACCEPT OR COMMENT ON IT BY JANUARY 1988. IN JANUARY 1988 THE FHWA AGREED TO ADOPT THE NEW NORTH AMERICAN UNIFORM DRIVER/VEHICLE INSPECTION OUT-OF-SERVICE CRITERIA. ATTACHED IS A COPY OF THE MOST RECENT OUT-OF-SERVICE PROCEDURE WHICH HAS BEEN ADOPTED UNIFORMLY IN THE UNITED STATES BY MOTOR CARRIER SAFETY ASSISTANCE PROGRAM STATES, THE FHWA AND THE CANADIAN PROVINCES ASSOCIATED WITH THE CVSA.

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

From: FHWA
To: NTSB
Date: 5/26/1987
Response: THE NATIONAL UNIFORM DRIVER VEHICLE INSPECTION AND OUT-OF SERVICE CRITERIA REPRESENT CONSENSUS OF THE FHWA, THE STATES PARTICIPATING IN THE MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP), THE COMMERCIAL VEHICLE SAFETY ALLIANCE (CVSA), AND THE MOTOR CARRIER INDUSTRY FOR THIS ROADSIDE DRIVER-VEHICLE INSPECTION PROGRAM. THIS PROCEDURE CANNOT BE CHANGED UNILATERALLY. THIS IS A 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 RECOMMENDATION 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.