July 29, 2002
ANOTHER VIEW:
Take steps to put church members on safe buses
___While prevention of the recent tragic bus accident near Terrell may not have been possible, reduction of the likelihood of the accident and mitigation of the severity and consequences of the accident were possible.
___Each motor carrier should have a safety rating, which is a matter of public record. The safety ratings are "satisfactory," "conditional" and "unsatisfactory."
___Before chartering a bus, check the safety rating. Do not use any motor carrier with less than a satisfactory safety rating. It is possible that a new motor carrier or a "fly by night" motor carrier may not yet have a safety rating. Avoid these motor carriers.
___The bus company should have a copy of the safety rating in its files. The safety rating also can be obtained from the U.S. Department of Transportation's Motor Carrier Safety Administration.
___Each for-hire private motor carrier of passengers must have an insurance endorsement known as an MCS 90-B in the minimum amount of $5 million attached to its insurance policy. Without this endorsement, the U.S. Department of Transportation does not recognize that the motor carrier is insured.
___An authorized representative of the insurance carrier must sign this endorsement. The insurance carrier, not the insurance agent, must sign the endorsement. In some cases, the insurance agent is an authorized representative of the insurance carrier, but not always. Check with the insurance carrier to determine if the person who signed the MCS 90-B is authorized to do so.
___Many insurance companies fail to sign this document. If challenged about this lack of signature, the insurance company most often will claim this is an oversight. In the majority of cases, this is not true. It most often is a willful attempt to circumvent the liability of the endorsement and of federal law. Without the authorized signature, the endorsement is worthless.
___Ask to see the written safety policy of the motor carrier. A written policy does not ensure safety, but it is an indication of a good-faith effort to operate safely. Also ask to see the hours of service policy of the motor carrier.
___Ask to see the written controlled substance and alcohol testing policy of the company. Individual test results of individual drivers are protected under privacy laws and are not available to you. Check this policy to determine if drivers found to test positive for alcohol or controlled substances are allowed to return to work following treatment and rehabilitation of if they are terminated without opportunity to return to work.
___Motor carriers are not required to provide rehabilitation for such drivers. If the drivers were not terminated, I would not use that motor carrier.
___The existence of a written policy does not ensure compliance but is an indicator of the intent of the motor carrier.
___Ask to see documentation of the qualifications of each breath-alcohol testing technician used by the motor carrier to conduct breath-alcohol tests.
___Ask the motor carrier about its policy for drug and alcohol testing of a driver in the event of an accident. Ask the driver what action his employer expects of him related to drug and alcohol testing in the event of an accident. If he can't tell you or present you with his written instructions from the company, the driver and the company are in violation of federal law, and there is high probability that both the driver and his employer do not have a clue about the Federal Motor Carrier Safety Regulations. They should be avoided.
___If the motor carrier from which you contract the charter subcontracts with another motor carrier, make certain that both the bus and the driver are trip leased to the motor carrier with which you contract the charter. In order to ensure the existence of the trip lease, ask to examine the document.
___Bryan Wasson is a retired special agent/safety investigator with the U.S. Department of Transportation. He is a member of First Baptist Church in Bowie
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