Motorcoach Safety Act of 2007 (S. 2326)

Legislation Needed to Correct Dangerous and Deadly Motorcoach Safety Problems

Bi-partisan Measure Will Implement NTSB Safety Recommendations

Motorcoaches are the passenger airliners of America’s highways, carrying up to 59 occupants on board for a given trip. In 2006, there were more than 630 million passengers taking trips in motorcoaches, according to the American Bus Association, almost as many passenger trips as U.S. commercial airlines carried that year. The Federal Motor Carrier Safety Administration (FMCSA) reports that 3,700 interstate motorcoach companies are registered with the agency and are operating more than 34,000 motorcoaches. Many thousands of other motorcoaches operate wholly in intra-state commerce. Passenger ridership is projected to substantially increase in the near future given expected increases in the cost of commercial airline travel and increasing flight delays. In fact, each year the number of new interstate-registered motorcoach companies increases by about 900. Yet, the U.S. Department of Transportation (DOT) does not require that motorcoaches have the same basic occupant protection safety features that are routinely designed into passenger motor vehicles.

Motorcoach Crashes and Casualties Are a Serious Transportation Safety Problem

The National Transportation Safety Board (NTSB) has investigated over many years more than 25 motorcoach crashes and fires that resulted in over 200 deaths and hundreds of injuries. In some of these incidents more than 20 people on board were killed in a single crash or fire. Congress has also held hearings following crashes by unsafe “curbside” operators operating along the eastern seaboard and the March 2, 2007, Georgia crash resulting in serious injuries and deaths suffered by Bluffton University students.

NTSB safety recommendations for motorcoach operations have languished for years and Congressional hearings have identified numerous oversight and enforcement failings of the FMCSA. The NTSB recommendations address needed federal government actions to improve the safety of the vehicle and protect its occupants, to establish minimal training requirements for motorcoach operators, and to require better operational procedures. Legislation is needed to ensure that lifesaving, cost-effective, and timely safety actions in all of these areas are taken to implement unfulfilled NTSB recommendations and protect millions of Americans who annually travel by motorcoach. The following list contains only a few examples of numerous safety needs that currently are not being met by motorcoaches and not required by federal laws and regulations:

Improving Motorcoach Safety Requires Both Enhanced Crash Protection and Motorcoach Operational Improvements

Improving motorcoach safety requires an integrated safety approach that combines both vehicle equipment and design features along with operating improvements. This approach adopts enhanced occupant crash protection, also called crashworthiness, as well as effective crash avoidance measures, but also addresses operational improvements such as minimum driver training standards, stronger commercial driver license testing, upgraded medical qualifications, improved fire suppression, better passenger evacuation, and regular vehicle safety evaluation by both federal and state authorities.

Motorcoaches Still Lack Many Critical Safety Features Recommended by NTSB

Despite several major recommendations issued by the NTSB over many years, current motorcoaches do not have numerous, critical safety features such as safety belts, occupant ejection prevention countermeasures such as advanced glazing on windows, protection against dangerous motorcoach interior impacts, crush-resistant roofs, and protection against fires. The list below gives just a few examples of the numerous NTSB recommendations that have piled up over the years without action by the U.S. DOT:

NTSB Recommendations To Improve Motor Carrier and Motorcoach Safety

Over the years, NTSB has made numerous safety recommendations to improve motor carrier safety in general that would also provide a major safety benefit for motorcoaches, including:

Standards for Driver Testing, Training and Medical Certification:

There currently are no required motorcoach driver training standards that must be met for a driver to operate a motorcoach and gain the special passenger carrying endorsement of the Commercial Driver License (CDL). Similarly, some drivers in severe crashes investigated by NTSB eluded detection of disqualifying medical conditions that seriously impaired their ability to safely operate a motorcoach. NTSB has increasingly called for tighter oversight and enforcement of commercial drivers’ physical qualifications.

Strengthened Motorcoach Vehicle Safety Inspections:

NTSB in several investigations has repeatedly called for strengthened commercial motor vehicle inspections, including roadside inspections, safety audits, and state and motor carrier programs for identifying vehicle defects. See, NTSB Recommendations H-81-15, H-87-38, H-06-0-03 to H-06-5, H-99-06, and H-01-24.

More Rigorous Federal Safety Fitness Standards Are Needed:

In 1999, NTSB issued a major, “Most Wanted Transportation Safety Improvement” to FMCSA urging the agency to apply more stringent safety criteria to its compliance reviews of motor carriers so that violations of either driver safety requirements or vehicle safety requirements are sufficient to trigger an agency Unsatisfactory safety fitness rating. See, NTSB Recommendation H-99-06.

Electronic On-Board Recorders (EOBRs):

Fatigue is a major problem in the motor carrier industry including motorcoach operators. NTSB has repeatedly identified long hours of driving as producing fatigue for commercial drivers that substantially increases the risk of a crash. Also, commercial drivers are known to frequently falsify their logbooks to disguise the actual amount of driving and working time as well as off-duty rest time.

EOBRs should have real-time capabilities to track precise vehicle location, and recorded data should not accessible to manipulation by a driver or motor carrier. NTSB has repeatedly recommended to FMCSA and to motor carriers that all commercial motor vehicle drivers should have their hours of work and rest overseen and verified by EOBRs. Without EOBRs, drivers can easily make false entries in their paper logbooks for the hours worked, driven, and taken off-duty, a widespread and chronic highway safety problem. See, NTSB Recommendations H-90-28, H-98-23.