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Epidemic of unregulated buses operating on Texas highways should be halted and cured

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  • Mike Forman •
  • Originally published January 24, 2009 at 6:10 p.m., updated January 24, 2009 at 6:10 p.m.

If you have traveled much on the main arteries between the U.S. and Mexico leading through our area - U.S. Highway 77 and U.S. Highway 59 - you have almost certainly noticed the unrelenting stream of buses traveling between the two countries.

A few minutes after 4 a.m. on Jan. 2, 2008, a bus operating between Houston and Monterrey, Mexico, rolled over onto its side. The accident happened 4 miles south of Victoria. There were 48 passengers on the bus. All available resources from Victoria responded to the tragedy. Soon the emergency rooms at both hospitals were operating beyond capacity. By the time the dust settled, one person had died and 46 people were injured.

Almost all of the passengers on the bus were residents of Houston traveling from Mexico after celebrating the holidays. One passenger was from Victoria, only moments from exiting the bus, when his life was changed forever.

The passenger, a local businessman, had boarded the bus when it was headed south and intended to be dropped off in Victoria on the trip north. The Victoria passenger is a successful framing contractor. His injuries not only affected his family, but also the families of those who worked with him.

The Victoria accident revealed a problem on our highways that has been festering for years. The problem is a near epidemic of unregulated buses operating on our highways. Buses traveling between Mexico and Texas have avoided safety regulations for buses properly operating in the U.S.

Whether you are a casual observer or a passenger on the buses, you probably did not know that many of the bus companies have gone to great lengths to avoid regulations that should apply to buses.

As sure as a political environment that favors deregulation has contributed to our current financial crisis, it has contributed to dangerous highways. Under the North American Free Trade Agreement (NAFTA), trade with our neighboring countries is encouraged. The desire to increase commerce between Mexico and the U.S. has resulted in lax enforcement of regulations. The cost has almost certainly been numerous injuries and deaths on our highways.

The bus involved in the Victoria accident was manufactured in Mexico. Hearings before the National Traffic Safety Board (NTSB) that took place after the tragedy revealed the bus was not manufactured to the safety standards required for legal operation in the U.S.

How was the bus able to slip past the requirements for U.S. buses? The NTSB investigation revealed "a loophole large enough to drive a bus through." Through a virtual scam on the system, operators have exploited lax enforcement policies to get dangerous buses onto Texas highways. Although U.S. law requires that buses operating in the U.S. meet certain minimal standards, some companies have devised ways to avoid those requirements.

Under Texas law, the bus involved in this accident could not have been licensed. Texas requires that buses first licensed in the U.S. provide proof that they meet applicable U.S. safety regulations. Texas does not require such proof of buses that have been previously licensed in other states. After having been ticketed for failure to have the bus licensed in Texas, the owner of the bus was able to get the bus licensed in California. After having been licensed in California, it was a small step to get it licensed in Texas, circumventing the safety requirements.

What are the safety requirements that are being avoided? The requirements that are being avoided are the very safety requirements that would avoid buses turning over and those that protect occupants in the event a bus does.

The NTSB and Congress have been aware of the problem relating to unsafe buses since 2002. Rather than close the loophole, our lawmakers have tried to preserve commerce between the two countries.

Our lawmakers have done this by passing the burden to our border crossing guards.

There are insufficient guards present, and they lack the ability to determine if the buses meet safety standards.

When this bus crossed the border in the middle of the night, there were no inspectors present.

Had there been inspectors present, it is unlikely that they would have been able to determine whether the bus met our safety requirements.

The only real solution is one that has been proposed by the NTSB.

All buses operating in the U.S. should be required to have a label certifying that they meet the NTSB. requirements. Period.

 

Jim Cole, a Victoria lawyer, represented the sole local victim involved in the January 2008 bus crash.



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