CHESTER, S.C. — A Chester church has been ordered by the government to shut down all commercial transportation operations following a crash that killed four passengers and injured 39 people.
Investigators say a bus operated by Sandy River Baptist Church was transporting a junior college football team from Rock Hill to Raeford, North Carolina in September when a front wheel failed causing the vehicle to swerve, thus causing it to strike a median guardrail and a concrete bridge support along U.S. 74 near Rockingham. The crash resulted in four fatalities and 39 injures.
Federal safety regulations require that any entity transporting passengers in interstate commerce for a fee or other compensation must obtain USDOT operating authority registration in addition to a USDOT safety registration.
In applying for and in receiving USDOT operating authority registration, a business or a non-profit entity – including church organizations – must affirm both the knowledge and the ability to fully satisfy all vehicle and driver safety regulations that serve to protect drivers, passengers and the motoring public.
In addition to possessing the necessary USDOT safety registration, under federal safety regulations all commercial or “for-hire” passenger carriers operating in interstate commerce, as a condition of operating authority registration, must maintain a minimum of $5 million in liability insurance on file with FMCSA.
On the day of the crash, Sandy River Baptist Church was registered with FMCSA as a “private passenger carrier,” lacking both the necessary federal operating authority registration and the required minimum public liability insurance.
A post-crash investigation conducted by FMCSA safety investigators in coordination with the North Carolina State Highway Patrol additionally found the commercial passenger carrier operations of Sandy River Baptist Church:
Failed to comply with any driver qualification requirements, including ensuring that its drivers were properly licensed and physically qualified to transport passengers in its commercial motor vehicles. During the investigation, Sandy River Baptist Church’s management officials could not produce any driver qualification files.
Failed to properly monitor its drivers to ensure compliance with maximum hours-of-service requirements prohibiting fatigued operation of commercial motor vehicles. During the investigation, Sandy River Baptist Church’s management officials could not produce any duty status records for any of its drivers.
Failed to sufficiently implement a random alcohol and drug testing program for its drivers. In fact, FMCSA investigators found that Sandy River Baptist Church had never implemented an alcohol or controlled substances testing program for its drivers.
FMCSA’s investigation found that Sandy River Baptist Church’s “… complete and utter lack of compliance with the (federal safety regulations) … substantially increases the likelihood of serious injury or death for its drivers, passengers and the motoring public.”
Failure to comply with the provisions of a federal imminent hazard out-of-service order may result in action by the U.S. Attorney’s Office for equitable relief, as well as and civil penalties. Civil penalties of up to $25,705 may be assessed for each violation of the order. Knowing and/or willful violation of the order may also result in criminal charges.
The North Carolina Highway Patrol – Motor Carrier Enforcement Section and the South Carolina Department of Public Safety – State Transport Police assisted FMCSA in this investigation.
