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Safety Recommendation Details

Safety Recommendation H-83-068
Details
Synopsis: ON FEBRUARY 24, 1983, AN EMPTY DUMP TRUCK, TRAVELING NORTH ON STATE ROUTE 96, A TWO-LANE RURAL HIGHWAY NEAR WILLOW CREEK, CALIFORNIA, SUDDENLY VEERED LEFT ACROSS THE CENTERLINE AND COLLIDED HEAD-ON WITH A SOUTHBOUND SCHOOLBUS LOADED WITH 37 OCCUPANTS. THE TRUCKDRIVER AND ONE SCHOOLBUS PASSENGER SEATED DIRECTLY BEHIND THE SCHOOLBUS DRIVER WERE KILLED; THE SCHOOLBUS DRIVER AND 30 PASSENGERS WERE INJURED. AVAILABLE MEDICAL RECORDS INDICATE THAT THE TRUCKDRIVER HAD SEVERAL MEDICAL PROBLEMS.
Recommendation: THE NTSB RECOMMENDS THAT THE FEDERAL HIGHWAY ADMINISTRATION: REVISE FEDERAL MOTOR CARRIER SAFETY REGULATION 49 CFR 391.43 TO INCORPORATE A PROVISION, SIMILAR TO THAT SPECIFIED IN 14 CFR 67.20(A) FOR AIRMEN MEDICAL CERTIFICATION, WHICH WILL PROHIBIT THE FALSIFICATION OR OMISSION OF MEDICAL INFORMATION IN CONNECTION WITH A MEDICAL CERTIFICATION PHYSICAL EXAMINATION.
Original recommendation transmittal letter: PDF
Overall Status: Closed - Acceptable Action
Mode: Highway
Location: Mianus River, Greenwich, CT, United States
Is Reiterated: Yes
Is Hazmat: No
Is NPRM: No
Accident #: DCA83AH003
Accident Reports: Collapse of a Suspended Span of Inter- state Route 95 Highway Bridge over the Mianus River
Report #: HAR-83-05
Accident Date: 6/28/1983
Issue Date: 12/14/1983
Date Closed: 9/13/1988
Addressee(s) and Addressee Status: FHWA (Closed - Acceptable Action)
Keyword(s):

Safety Recommendation History
From: NTSB
To: FHWA
Date: 9/13/1988
Response:

From: FHWA
To: NTSB
Date: 6/30/1988
Response: A FINAL RULE, FHWA DOCKET NO. MC- 114, WAS PUBLISHED IN THE FEDERAL REGISTER ON THURSDAY, MAY 19, 1988 (53 FR 18042). THE FINAL RULE INCLUDED A NEW SECTION 390.35 WHICH READS AS FOLLOWS: SECTION 390.35 CERTIFICATES, REPORTS, AND RECORDS: FALSIFICATION, REPRODUCTION, OR ALTERATION. NO MOTOR CARRIER, ITS AGENTS, OFFICERS, REPRESENTATIVES, OR EMPLOYEES SHALL MAKE OR CAUSE TO MAKE (A) A FRAUDULENT OR INTENTIONALLY FALSE STATEMENT ON ANY APPLICATION, CERTIFICATE, REPORT OR RECORD REQUIRED BY PART 325 OF SUBCHAPTER A OF THIS SUBCHAPTER.

From: NTSB
To: FHWA
Date: 5/15/1987
Response:

From: FHWA
To: NTSB
Date: 4/15/1987
Response: THE FHWA RESPONDED TO H-83-68 ON MAY 18, 1984 AND MARCH 13, 1985. WE WILL KEEP YOU INFORMED OF THE RULEMAKING ACTIVITIES.

From: NTSB
To: FHWA
Date: 4/17/1986
Response: From the safety study Training, Licensing, and Qualification standards for Drivers of Heavy Trucks (NTSB/SS-86/02) adopted on 4/17/1986. The Safety Board reiterated Safety Recommendation H-83-68 made to the Federal Highway Administration on December 5, 1983.

From: NTSB
To: FHWA
Date: 5/24/1985
Response:

From: FHWA
To: NTSB
Date: 3/13/1985
Response: FHWA LTR: WE HAVE REVIEWED OUR POSITION AND BELIEVE THAT THE QUESTION OF WHETHER TO INCLUDE A STATEMENT PROHIBITING FALSIFICATION OF INFORMATION ON THE PHYSICAL EXAMINATION FORM FOR COMMERCIAL DRIVERS OPERATING UNDER THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS SHOULD BE PROPOSED IN A RULEMAKING ACTION. ON JANUARY 23, 1985, AN ADVANCED NOTICE OF PROPOSED RULEMAKING WAS PUBLISHED IN THE FEDERAL REGISTER. IT REQUESTS PUBLIC COMMENT ON AREAS IN THE FMCSR WHICH SHOULD BE CONSIDERED FOR REVIEW, RESCISSION, OR ADDITIONS. WE PLAN ON PROPOSING THAT A PROHIBITION ON FALSIFICATION RELATED TO THE MEDICAL CERTIFICATION PROCESS BE STATED IN THE FMCSR AND ON THE PHYSICAL EXAMINATION FORM ITSELF.

From: NTSB
To: FHWA
Date: 1/11/1985
Response:

From: FHWA
To: NTSB
Date: 5/18/1984
Response: FHWA LETTER: IN 49 CFR 391.49, WAIVERS OF CERTAIN PHYSICAL DEFECTS, A STATEMENT PROHIBITS FALSIFYING INFORMATION BY THE DRIVER OR MOTOR CARRIER IN THE WAIVER APPLICATION OR RENEW AL. THE FHWA ANALYSIS SHOWED THAT IN THE 20-YEAR HISTORY OF THE WAIVER PROGRAM, NO ONE HAS BEEN PROSECUTED OR HAD THEIR WAIVER APPLICATION OR RENEWAL REVOKED FOR FALSIFICATION. APPLICATIONS HAVE BEEN DENIED WHEN FALSIFIED INFORMATION WAS CORRECTED BUT ONLY WHEN THE CORRECT INFORMATION SHOWED THE APPLICANT TO BE UNQUALIFIED UNDER THE REQUIREMENTS OF SECTION 391.49. THEREFORE, GIVEN THE NUMBER OF ENFORCEMENT ACTIONS ASSOCIATED WITH THE PROHIBITION IN SECTION 391.49, THE EFFECTIVENESS OF THE PROHIBITION CANNOT BE SHOWN. OF COURSE, EFFECTIVENESS OF A RULE'S PROHIBITION AGAINST FALSI FICATION AND INTENTIONAL OMISSION OF DATA IS NOT ENTIRELY RELATED TO THE NUMBER OF ENFORCEMENT ACTIONS TAKEN. THE FACT THAT THE PROHIBITION STATEMENT IS ON THE EXAMINATION FORM OF SECTION 391.43 COULD SERVE AS A DETERRENT BY ITS PRESENCE THERE.