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Safety Recommendation Details

Safety Recommendation H-89-010
Details
Synopsis: ABOUT 10:55 P.M. EASTERN DAYLIGHT TIME ON MAY 14, 1988, A PICKUP TRUCK TRAVELING NORTHBOUND IN THE SOUTHBOUND LANES OF INTERSTATE 71 STRUCK HEAD-ON A CHURCH ACTIVITY BUS TRAVELING SOUTHBOUND IN THE LEFT LANE OF THE HIGHWAY NEAR CARROLLTON, KENTUCKY. THE CHURCH BUS FUEL TANK WAS PUNCTURED DURING THE COLLISION SEQUENCE, AND A FIRE ENSUED, ENGULFING THE ENTIRE BUS. THE BUSDRIVER AND 26 BUS PASSENGERS WERE FATALLY INJURED. THIRTY-FOUR BUS PASSENGERS SURVIVED WITH MINOR TO CRITICAL INJURIES, AND SIX WITH NO INJURIES. THE PICKUP TRUCK DRIVER SUSTAINED SERIOUS INJURIES.
Recommendation: THE NTSB RECOMMENDS THAT THE STATE OF KENTUCKY: REVIEW ALL ASPECTS OF THE PLEA BARGAINING PROHIBITIONS OF THE 1984 DRIVING-UNDER-THE-INFLUENCE LAW TO DETERMINE IF PERSONS CHARGED WITH ALCOHOL-RELATED OFFENSES ARE BEING ALLOWED TO PLEA BARGAIN THE CHARGE TO A NONALCOHOL-RELATED OFFENSE, AND IF SO, TAKE ADMINISTRATIVE OR LEGISLATIVE ACTION TO CORRECT THE SITUATION.
Original recommendation transmittal letter: PDF
Overall Status: Closed - Acceptable Action
Mode: Highway
Location: Carrollton, KY, United States
Is Reiterated: No
Is Hazmat: No
Is NPRM: No
Accident #: DCA88MH004
Accident Reports: Pickup Truck/Church Activity Bus Head-on Collision and Fire
Report #: HAR-89-01
Accident Date: 5/14/1988
Issue Date: 7/20/1989
Date Closed: 3/18/2004
Addressee(s) and Addressee Status: Commonwealth of Kentucky (Closed - Acceptable Action)
Keyword(s):

Safety Recommendation History
From: NTSB
To: Commonwealth of Kentucky
Date: 3/18/2004
Response: Notation 7613 administratively closed this recommendation on 3/18/2004. Safety Recommendation H-89-10 is similar to Safety Recommendation H-84-80, discussed above, which is classified "Closed-Acceptable Action" for Kentucky. Based on this recent review of Kentucky statutes, staff determined that prosecutors cannot reduce charges in the following circumstances: (1) when the BAC of an offender age 21 or older is 0.08 percent or above; (2) when the BAC of an offender under age 21 is 0.02 percent or above; and (3) when the defendant, regardless of age, refuses an alcohol concentration or substance test. Further, prosecutors cannot amend the designated BAC level unless there is uncontroverted scientific evidence that the test results were incorrect. Accordingly, Safety Recommendation H-89-10 is classified "Closed-Acceptable Action."

From: NTSB
To: Commonwealth of Kentucky
Date: 12/7/1990
Response:

From: Commonwealth of Kentucky
To: NTSB
Date: 9/26/1990
Response: GOVERNOR WILKINSON RECOUNTS THE LABOR DAY WEEKEND EXPERIENCE WITH SOBRIETY CHECKPOINTS AND AN INNOVATIVE METHOD FOR EDUCATING LEGISLATORS OF THE DRIVING WHILE IMPAIRED PROBLEM BY INVITING LEGISLATORS TO RIDE WITH POLICE. NO INFORMATION IS PROVIDED ON THE NUMBER OF LEGISLATORS WHO HAVE ACCEPTED. NO SPECIFIC INFORMATION IS PROVIDED ON THE NUMBER OF CHECK POINTS OPERATED DURING THE LABAR DAY WEEKEND OR THE INCORPORATION OF CHECKPOINTS INTO YEAR ROUND KENTUCKY STATE POLICE AND LOCAL POLICE OPERATIONS. GOVERNOR WILKINSON FORWARDED OUR AUGUST 20, 1990, LETTER TO THE SECRETARY OF THE JUSTICE CABINET FOR REVIEW AND A MORE DETAILED RESPONSE.

From: Commonwealth of Kentucky
To: NTSB
Date: 5/16/1990
Response:

From: NTSB
To: Commonwealth of Kentucky
Date: 2/28/1990
Response: