NTSB DETERMINES TRUCK DRIVER FAILED TO SLOW FOR TRAFFIC, CITES INADEQUATE REST

[NTSB Press Releases <NTSBPressReleases@xxxxxxxx>]

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                      NTSB PRESS RELEASE
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National Transportation Safety Board
Washington, DC 20594

FOR IMMEDIATE RELEASE: December 4, 2007
SB-07-61

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NTSB DETERMINES TRUCK DRIVER FAILED TO SLOW FOR TRAFFIC, 
CITES INADEQUATE REST

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Washington, DC - The National Transportation Safety Board 
adopted a final report today of a rear-end chain collision 
traffic accident in Michigan that highlights the dangers 
posed by drivers who fail to obtain adequate rest. The Board 
issued three recommendations aimed at improving data 
collection and monitoring of hours-of-service (HOS) 
compliance.

On July 16, 2004, at about 12:00 p.m., near Chelsea, 
Michigan, a Kenworth tractor towing a Hyundai trailer, owned 
by Equity Transportation Company (Equity), was traveling 
East on I-94 at an estimated speed of 60 mph, when the 
driver failed to react in time upon encountering a queue of 
slow moving traffic.  As a result, the Kenworth tractor 
collided with a Sterling tractor towing a Great Dane 
semitrailer, which, in turn, was propelled into a Saturn 
station wagon. As a result of the collision, the driver of 
the Kenworth tractor was killed and the driver of the 
Sterling tractor and a passenger in the Saturn sustained 
minor injuries. 

The NTSB determined that the probable cause of the accident 
was the Kenworth driver's failure to stop upon encountering 
traffic congestion in a temporary traffic control zone, 
likely due to a reduced state of alertness associated with 
failure to obtain adequate rest. 

Contributing to the accident was the insufficient regard for 
and lack of oversight of compliance with Federal commercial 
motor vehicle HOS regulations by the truck's owner, Equity, 
which endangered the safety of its drivers and the traveling 
public. Also contributing was the Federal Motor Carrier 
Safety Administration's (FMCSA) failure to require 
tamperproof driver's logs, as well as the Michigan 
Department of Transportation's failure to conduct a merge 
traffic capacity analysis as part of a bridge rehabilitation 
project.

"For the past 30 years, the Safety Board has advocated the 
use of on-board data recorders to improve hours-of-service 
compliance," NTSB Chairman Mark V. Rosenker said. "The 
technology is available and is proven - now it's time to use 
it to make our roadways safer."

Federal regulations mandate restrictions on the number of 
cumulative hours of driving allowed following consecutive 
hours off duty, the number of hours on duty allowed 
following hours off duty, and the number of consecutive days 
on duty permitted. The NTSB's investigation into this 
accident revealed that the driver had exceeded the maximum 
continuous duty hours allowed by Federal regulations.

The Board found that Equity's practices of not using bound 
paper logs with sequentially numbered pages and of not 
collecting and retaining electronic supporting documentation 
to verify the accuracy of its drivers' HOS records 
facilitated the accident driver's violation of federal HOS 
regulations, which led to his operating his vehicle in a 
condition of reduced alertness. Previous FMCSA compliance 
reviews resulted in enforcement action against Equity for a 
series of violations of HOS regulations. Board investigators 
conducted a post-accident review of paper logs and 
supporting documents that revealed additional violations, 
including false entries and noncompliance with other driving 
rules. As a result, the Board recommended that Equity 
implement a driver log review program that accounts for, 
tracks, and audits all modifications to paper logs and that 
also collects and retains all available electronic 
supporting documentation to verify compliance with Federal 
commercial driver HOS regulations.

Because information on paper logs can be so easily tampered 
with, the Board recommended that the FMCSA mandate industry-
wide installation and use of electronic on-board recorders 
(EOBRs) as a more accurate, valid, and secure method of 
recording driver hours of service information.  Furthermore, 
the Board recommended that, as an interim measure, the FMCSA 
mandate that carriers adopt a more tamperproof paper log 
system that, at a minimum, includes the retention of all 
original and corrected paper logs and the use of bound and 
sequentially numbered logs. 

Contributing to the collision, the Board noted, was the 
failure of the Michigan Department of Transportation (MDOT) 
to conduct a merge traffic capacity analysis for the highway 
maintenance project. MDOT has since informed the Board that 
it would conduct merge traffic capacity analyses for all 
significant work zone projects by October 2007 as part of an 
effort to comply with new Federal regulations covering work 
zone safety and mobility.

A synopsis of the Board's report, including a complete 
listing of conclusions and recommendations, is available on 
the Highways Publications page of the Board's website, 
www.ntsb.gov. The Board's full report will be available on 
the website in a few weeks.

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Media Contact: Bridget Serchak
(202) 314-6100
Bridget.serchak@xxxxxxxx

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