# Presentation: 120345

## Loraine, Texas 

- June 9, 2002

## Investigative Team

- James LeBerte - Motor Carrier Operations
- Mark Bagnard - Highway Factors
- Robert Accetta - Scene Documentation
- Burt Simon - Human Performance
- Hank Hughes - Survival Factors
- Ron Kaminski - Survival Factors
- Dr. Mitch Garber - Toxicology
- Joe Epperson - Metallurgy
- Dave Rayburn - Vehicle Factors / IIC

## Report Development

- Debbie Curry - Editor
- Ed Pacchetti - Safety Recommendations
- Jennifer Bishop - Project Manager

## Parties to the Investigation

- Federal Motor Carrier Safety Administration
- Texas Department of Transportation
- Texas Department of Public Safety
- Greyhound Lines, Inc.
- Consolidated Safety Services

## Safety Issue and Proposed Recommendations Recipient

- Safety and management oversight of new entrant motor carriers
- Federal Motor Carrier Safety Administration

## Slide 6

## Slide 7

## Vehicle Speeds

- Tractor-semitrailer traveling about 15 to 18 mph
- Greyhound bus traveling about 65 to 70 mph

## Lighting Conditions

- Darkness
- No artificial highway safety lighting
- Only 2 percent of moon’s visible disc was illuminated
- Greyhound bus was operating with low-beam headlights on

## DelCar Semitrailer Lighting Inspection

- Defective wiring
- Burned-out fuse
- Shorted taillights

##  Busdriver and Witness Statements

- Busdriver stated semitrailer lights were not illuminated
- Witnesses on bus stated they did not see lights on semitrailer
- CB radio report of tractor-semitrailer operating without lights

## Slide 13

## Accident

- Absence of natural light
- Absence of artificial lighting
- Semitrailer’s inoperative lighting equipment
- Lack of retroreflective sheeting
- High closure rate

## Truckdriver Toxicology Results

- Benzoylecgonine found in blood and urine
- Evaluation indicates cocaine likely used within a few hours prior to the accident
- Driver impaired

## Motor Carrier Safety

## DelCar Trucking Company

- August 17, 2000
- Registered with FMCSA
- 2 tractors and 3 semitrailers
- 4 drivers
- At time of accident
- 13 tractors and 25 semitrailers
- 19 drivers

## DelCar Owner Experience

- Started as truckdriver in 1984
- Became owner/operator in 1991
- Felony drug conviction in 1999
- Some knowledge of driving rules
- Little knowledge of motor carrier operations safety regulations

## DelCar Roadside Inspections

- 35% of vehicles with critical safety violations National average 23%
- 17% of drivers with critical safety violations National average 8%

## DelCar Compliance Review

- No drug and alcohol testing program
- No driver qualification files
- Using drivers without current medical certification
- Hours-of-service violations
- No vehicle inspection and maintenance records
- Failure to require drivers to prepare vehicle inspection reports
- Operating without insurance

## DelCar Compliance Review Results

- Unsatisfactory rating on June 18, 2002
- 60 days to improve rating or cease operation
- Operating authority revoked on August 18, 2002

## New Entrant Safety Data

- Higher accident rates
- Worse scores in driver and vehicle safety evaluation areas
- More acute and critical violations
- Worse compliance with FMCSRs
- Less oversight by FMCSA

## Safety Status Measurement System (SafeStat)

- Used to evaluate a motor carrier’s safety performance and compliance with regulations
- Safety evaluation areas
- Driver
- Vehicle
- Safety management
- Accident rate

## SafeStat Score

- Scores above 75 in one area are deficient
- DelCar’s scores
- 92.69 in driver safety evaluation area
- 79.23 in vehicle safety evaluation area
- Not rated in accident rate and safety management safety evaluation areas
- Sum of scores in all areas determines overall score

## SafeStat for New Motor Carriers

- 40,000 motor carriers granted authority each year
- New motor carriers not scored in all categories
- New motor carrier scores not high enough to warrant compliance review

## New Entrant Motor Carrier Regulations Prior to January 1, 2003

- Application process
- MCS-150
- OP-1
- $300 application fee
- Authority granted with no further review

## Current New Entrant Motor Carrier Regulations

- FMCSA educational materials
- Application process
- MCS-150
- OP-1
- $300 application fee
- MCS-150A
- Safety review within 18 months

## Current New Entrant Motor Carrier Application

**Regulations**
- Knowledge of regulations
- System in place to comply with regulations
- No drug possession felonies
- Safe operation

**DelCar Applicant**
- No knowledge of regulations
- No system to ensure compliance with regulations
- Drug possession felony
- No assurance of safe operation

## Department of Defense

- 1992 prequalification program
- Knowledge test (25% fail)
- Prequalification inspection (40% fail)
- Those that pass granted authority
- All carriers that have failed had satisfactory ratings from FMCSA

## New Entrant Motor Carrier Program

- Prior to beginning operation
- Display knowledge and understanding of safety regulations
- Have safety management system in place
- Demonstrate ability to operate safely
- Safety assurance

## Slide 31