Alex Goldmark is a senior producer in the newsroom for New Tech City and Transportation Nation.
What Does Acquittal of Chinatown Bus Driver Mean for Safety?
Friday, December 07, 2012 - 05:31 PM
The driver of a casino bus that crashed, killing 15, is not guilty of manslaughter. Prosecutors had argued Ophadell Williams was so sleep-deprived and drowsy behind the wheel that it was as reckless as if he were drunk.
But a Bronx jury was not convinced. Williams faced 15 counts of manslaughter and was acquitted on all of them. He was found guilty of one count of aggravated unlicensed operation of a motor vehicle and sentenced to 30 days in jail, which he has already served. He has to pay a fine of $500. When he heard the verdict, Williams covered his face with his hands and wept.
Though the consequences are relatively light for Williams, the inter-city bus industry has suffered a considerable shakeup.
It was a gruesome crash that instantly raised the profile of dangerous driving conditions at many so-called Chinatown buses, the fastest growing mode of inter-city travel.
Here's how the crash went down. In March, 2011, Williams was on a dawn run to New York from a Connecticut Casino, driving for World Wide Travel, a company with a track record of pushing drivers to work long hours.
A report by the Federal Motorcoach Safety Administration found that in the moments before crashing, he’d been driving 78 mph. As we've previously reported:
"According to the report, the bus swerved to the right off the highway, crossed an eleven-foot wide shoulder and smashed into a three-foot-tall steel guardrail. The bus plowed through the guardrail for 480 feet as it toppled onto its side. The bus’ windshield hit the post of a massive highway sign, which sheared the bus in two along the base of the passenger windows almost all the way to the rear. The bus came to rest on top of the crushed guardrail, its wheels in the air, facing the highway."
The Bronx crash was one of three inter-city bus crashes in the Northeast in March, 2011, which killed a total of 17 people and injured dozens of others.
There were more to come. A bus from North Carolina bound for New York flipped on its roof in late May, killing four. Operator Sky Express was shut down by the Federal Motor Carrier Safety Administration within hours. Bloomberg reported that Sky Express had accumulated so many violations that it could have been shut down prior to the crash.
In July, a pair of fatal crashes in New York — one inbound from Canada that left the driver dead and another from Washington that killed two — occurred within days of each other.
There were 24 motor coach crashes last year, resulting in 34 fatalities and 467 injuries, according to an unofficial tally kept by Advocates for Highway and Auto Safety.
World Wide Travel was shuttered in June 2011, but the owner continued to operate bus service for other companies he owns, according to The New York Times. The practice of "reincarnation" had plagued regulatory efforts to punish the worst of the worst bus companies.
Not to be stopped by it's own regulations, the Federal Motor Carrier Safety Administration the agency that oversees bus safety, along with the National Highway Transportation Safety Board ratcheted up investigations and actions against unsafe bus companies.
In May of 2011, U.S. Department of Transportation Secretary Ray LaHood issued rules requiring new bus lines to undergo safety audits before they can sell their first ticket. And bus drivers could lose their commercial licenses if they violate drug and alcohol laws even while operating their own private car.
In July 2011, Anne S. Ferro, Administrator of the Federal Motor Carrier Safety Administration, told Congress she needs more enforcement powers, including the ability to inspect every long distance bus at least once a year and to conduct surprise safety stops while buses are en route. She proposed paying for the additional enforcement through raising the fee for a company to obtain an operating license from US DOT.
She pointed out, a bus license costs $300 — $50 less than it costs a street vendor to sell hot dogs in Washington, DC. Ferro said she’d also like to see the fine for a bus safety violation raised from $2,000 to $25,000.
Inspections alone are unlikely to solve the problem, she argued. There just aren't enough of them. There are 878 federal and state inspectors able to conduct safety reviews of 765,000 bus and truck companies, or an average of slightly more than one inspector for 1,000 companies, the report said.
For a while it seemed like the tempers had cooled, and the regulators were backing off. Then the crackdown came.
In June 2012, the U.S. DOT shuts down 26 bus companies that operate along the most popular routes for so-called Chinatown buses: the I-95 corridor from New York to Florida. The DOT called it the "largest single safety crackdown in the agency’s history."
Federal safety investigators found multiple violations, including a pattern of drivers without valid commercial licenses and companies that didn't administer alcohol and drug tests to drivers. Ten people – company owners, managers and employees – are ordered to stop all involvement in passenger transportation operations, including selling bus tickets.
The intersection in Chinatown in New York City previously most associated with this class of bus was transformed, no longer a bustling hub roaring with the sound of diesel engines and ticket sellers competing for business with dueling calls of prices and destinations. It became a quiet side street and has remained so since.
What's to Come
Transportation Secretary Ray LaHood, who has made safety one of his top issues, is advocating for legislation with stronger teeth.
The Bus Uniform Standards and Enhanced Safety (BUSES) Act of 2011 called for a tighter controls and enforcement of bus driver screening, including calling for federal oversight of state requirements for commercial licenses.
The Motorcoach Safety Act of 2009 was also revisited after the 2011 string of crashes. It requires new buses to add seat belts and reinforced windows that prevent passengers from being ejected during an accident. The bus industry opposed both bills on cost grounds and neither became law.
New York City, which cannot regulate interstate bus safety, took the step to regulate bus stop permitting, giving more control to neighborhood leadership, known as community boards. Since then, there have not been new clusters of curbside buses competing with each other.
And as Chinese-run Chinatown buses remain discreet in New York's Chinatown, mainstream bus companies like Greyhound are expanding their curbside businesses, actively meeting with community boards to add stops in Chinatown itself.
(This report includes excerpts and descriptions from previous reporting on TN, by Alex Goldmark, Jim O'Grady and Tracie Samuelson.)