Feds, NY require regular, detailed safety inspections of motor coaches

ALBANY — Motor coach buses like the one involved in the Sept. 21 crash that left Farmingdale High School band members injured and two adults dead undergo annual, semiannual and random safety checks by state and federal agencies.

Major federal inspection items include brakes, lighting, tires, steering mechanisms, wheels, windshields and emergency equipment and the competence of drivers.

Federal regulations require every bus to be inspected at least once every 12 months, in addition to roadside inspections, which often follow a traffic stop by law enforcement. State regulations require two inspections a year, in addition to random inspections.

The Federal Motor Carrier Safety Administration said there were 15 fatalities in crashes of motor coaches in 2019, the most recent year for which data is available. An FMCSA study of the causes of crashes attributed 78% to driver error, such as inattention; 10% to bus fires, and 5% to brake failures, followed by environmental factors such as icy roads.

The inspection process is aimed at mechanical, as well as driver issues that could lead to crashes.

Advocates for bus safety, however, have said the inspections are too infrequent and reforms take too long.

“The FMCSA is in the process of revamping the regulations they use and the processes they use to try to test the safety of buses and operations of a carrier,” said Peter Kurdock, general counsel of Advocates for Highway & Auto Safety based in Washington, D.C.

Many of the recent improvements in bus safety are aimed at ending ejections of passengers. Recent actions have required stronger roofs and windows, as well as programs to encourage passengers to use seat belts, which are now required on most buses, but which aren’t required by law to be used by passengers.

“That’s something we’ve been trying to do for a very long time,” Kurdock said of continuing efforts to address flaws in buses that can result in passengers being ejected. “It’s a real problem.”

Federal regulators and the motor coach industry said they continue to seek more safety measures, while noting bus travel is already a safer option than most travel.

Seven hundred and 50 million passengers a year are transported on charter, sightseeing and tour buses, according to the federal department. The American Bus Association trade group’s latest report said 1,717 companies operate 27,753 motor coaches nationwide.

In February, the Federal Motor Carrier Safety Administration announced plans to change its safety measurement system to reduce and prevent crashes using data from roadside inspections, crash reports and investigations “to identify and prioritize the motor carriers that pose the greatest risk to safety.”

“The proposed changes are part of the Agency’s continued commitment to enhancing the fairness, accuracy and clarity of our prioritization system,” FMCSA Administrator Robin Hutcheson said.

The American Bus Association said it “supports initiatives that help remove unsafe companies and drivers from the roads; establish educational bench marks for drivers; and ensure companies are knowledgeable and abide by all regulatory requirements.”

“Our members are committed to improving motor coach security, and we’ve encouraged all bus operators to take the necessary steps to protect their passengers, as passenger safety is the industry’s number one priority,” Peter J. Pantuso, association president, said in July during lobbying for federal funds for safety programs.

Unlike many other states, New York has its own bus inspection program to augment the federal process.

In both federal and state inspections, substantial violations such as unsafe tires or mechanical problems can place a bus out of service until the company can confirm to inspectors that the problem was fixed.

For example, Regency Transportation LTD bus company operating out of Nesconset, which operated the bus in the Sept. 21 crash, had 46 vehicle inspections and 49 inspections of drivers in the 24 months before the tragedy, according to federal records. One Regency Transportation bus during that time was placed out of service, for a 2.2% out-of-service rate, compared with the national average of 22.2%. No drivers were put out of service.

The bus involved in the crash had passed the state’s semiannual inspection in August and a random inspection after that, according to state Department of Transportation officials.

State inspectors contact a bus company in advance, before an inspection certification of a bus expires, to schedule the inspection. The inspection takes 60 to 90 minutes and includes the vehicle, as well as review of required maintenance records, preventive maintenance programs and drivers’ records.

Items in state inspections that put a bus out service include:

• A steering wheel with too much “play” when used.
• A horn that doesn’t work or is out of easy reach of the driver.
• Leaking tires or cracked valve stem.
• Inadequate brake mechanisms or brake warning lights.
• A crack in the windshield larger than a half-inch in diameter on the drivers’ side.
• Lack of a fire extinguisher.
• Inoperable emergency exits.
• “Any unsanitary condition” and lack of cleanliness.
• Any of many mechanical problems involving the axles, springs, lights and hoses.

A bus placed out of service by the state can return to duty only when a reinspection shows the concern was addressed, issued an inspection sticker, but prohibited from carrying passengers until violations are corrected, or issued an inspection sticker that requires defects to be fixed within 15 days.

If 15 days pass or the bus is driven 100 miles after an inspector placed it out of service, the entire bus must be reinspected.

Regency Transportation, for example, had 15 state inspections between April 2, 2022, and March 31, 2023. The company had buses put of service five times in those inspections and had an unsatisfactory rating during that time.

The state hasn’t yet released the full inspection records of the bus in the Sept. 21 accident.

In addition, state and federal inspectors evaluate drivers of the buses.

Drivers must provide their employers with all motor vehicle violations or a signed statement that the driver hasn’t been convicted of any motor vehicle violation in the previous 12 months.

Federal regulations prohibit a driver from:

• Driving more than 10 hours following eight hours off duty.
• Driving 60 hours or more in seven consecutive days, if the company doesn’t operate seven days a week.
• Driving 70 hours in any eight consecutive days if the company operates every day of the week.

“If a motor coach driver works more than one job of any kind, that time must also be included as on-duty time,” according to the Federal Motor Carrier Safety Administration.

The FMCSA provides a way for consumers and whistleblowers to report concerns at: 1-888-DOT-SAFT (1-888-368-7238) through http://nccdb.fmcsa.dot.gov.

By Michael Gormley

michael.gormley@newsday.com@GormleyAlbany

Michael Gormley has worked for Newsday since 2013, covering state government, politics and issues. He has covered Albany since 2001.