Bus company in NY crash 'properly licensed,' but inspections raise questions

Both the bus company and the driver involved in Thursday's bus crash near Middletown, which killed two and critically injured at least five others, are "properly licensed," state officials say.

Regency Transportation of Nesconset "has valid operating authority from the State Department of Transportation and a valid semi-annual inspection," according to New York State Department of Transportation officials, and the driver is "properly licensed."

Two people died and many were injured when a charter bus carrying students crashed on Interstate 84 in the town of Wawayanda, about 45 miles northwest of New York City, on Thursday, Sept. 21, 2023.
Two people died and many were injured when a charter bus carrying students crashed on Interstate 84 in the town of Wawayanda, about 45 miles northwest of New York City, on Thursday, Sept. 21, 2023.

The company did not immediately respond to the USA Today Network's requests for comment.

The National Transportation Safety Board (NTSB) team arrived on scene Friday.

NTSB said investigation could last 5 to 7 days

John R. Humm, lead investigator from the NTSB answers questions about Thursday's fatal bus crash on Friday Sept. 22, 2023. Humm arrived in Orange County earlier today and said the investigation will take time.
John R. Humm, lead investigator from the NTSB answers questions about Thursday's fatal bus crash on Friday Sept. 22, 2023. Humm arrived in Orange County earlier today and said the investigation will take time.

John Humm, who is overseeing the NTSB investigation, said the agency has not spoken with the driver and it's too early to determine if any of the passengers were wearing seat belts.

“Our goal is to find out what happened, why it happened and to make sure that something like this never happens again,” Humm said during a news conference late Friday afternoon at the New York State Police barracks in Middletown.

The New York State Police said a preliminary investigation Thursday indicated a failure of a front tire on the bus may have contributed to the crash.

Humm said, “It’s really premature at this point to say the tire caused it.”

The NTSB deployed a seven-member team, including two family assistants, to the investigation, which will likely last five to seven days.

Caravan from Farmingdale included 6 buses

The damaged coach bus which crashed on Thursday killing 2 passengers in the back parking lot of the New York State Police Troop F barracks on Friday Sept. 22, 2023.
The damaged coach bus which crashed on Thursday killing 2 passengers in the back parking lot of the New York State Police Troop F barracks on Friday Sept. 22, 2023.

At a press briefing at New York State Police Troop F headquarters in Middletown Thursday evening, officials said 44 people — four adults, 40 students — were on their way to a band camp in Pennsylvania when the bus they were riding in rolled down a 50-foot ravine in Wawayanda.

Gina Pellettiere, 43, of Massapequa; and Beatrice Ferrari, 77, of Farmingdale were killed in the crash. As of Thursday evening, at least five students were listed in critical condition.

The bus was one of six in a caravan carrying students from Farmingdale High School to the camp in Greeley, in northeastern Pennsylvania.

School district reacts: #dalerstrong community lends support after Orange County bus crash

Bus crash kills two, more injured Wawayanda fatal bus crash closes Interstate 84 Thursday afternoon: What we know

What to know about the bus company's inspection history

Twisted cable barriers and construction barrels mark the location on Interstate 84 in Slate Hill near where a bus lost control and rolled down the median causing 2 fatalities on Thursday. The NTSB will hold a press conference later on Friday Sept. 22, 2023 with their findings.
Twisted cable barriers and construction barrels mark the location on Interstate 84 in Slate Hill near where a bus lost control and rolled down the median causing 2 fatalities on Thursday. The NTSB will hold a press conference later on Friday Sept. 22, 2023 with their findings.

The bus operator, Regency Buses, has eight vehicles and 14 drivers and is based in the hamlet of Nesconset on Long Island, records show. The company is listed in Federal Motor Carrier Safety Administration inspections records as Regency Transportation LTD.

Regency had 42 vehicle inspections, which resulted in 25 violations, over the past two years, records show.

The bus company reported one of its buses was involved in a two-vehicle crash last year on Long Island that resulted in one injury and a vehicle being towed, records show, but no citations issued to the bus driver.

Regency’s 25 violations included inoperable brake lamps and other inoperable lamps, as well as “no or defective emergency exits” and inadequate emergency exit markings.

Other violations included false report of drivers record of duty status and driver failing to maintain an instruction sheet.

Carl Berkowitz, an expert on highway safety regulations and investigations, described the violations cited against Regency as minor.

“The buses would have been taken out of service if they were major violations,” he said. The bus involved in the crash, he added, would have had to meet robust federal operating standards for interstate commercial vehicles.

DOT listed Regency as "unacceptable operator." Why?

Spray paint and tire skid marks are visible on Interstate 84 in Slate Hill near where a bus lost control and rolled down the median causing 2 fatalities on Thursday. The NTSB will hold a press conference later on Friday Sept. 22, 2023.
Spray paint and tire skid marks are visible on Interstate 84 in Slate Hill near where a bus lost control and rolled down the median causing 2 fatalities on Thursday. The NTSB will hold a press conference later on Friday Sept. 22, 2023.

Still, under state guidelines, Regency was placed on the most recent “unacceptable operators” list for the state Department of Transportation bus safety program. That is because the company had five out of its 15 inspections in 2022-23 result in out-of-service results, for a rate of about 33%.

Any buses with an out-of-service rate above 25% are placed on the unacceptable list, as first reported by the Times Union. The acceptable list of operators spans rates between 10% and 25%.

A total of 48 bus operators were on the most recent “unacceptable” list, records show, while about 200 operators were on the “acceptable” list. More than 1,200 operators made the “preferred” list, which covers out-of-service rates below 10%.

As for buses that pass inspection, the driver also has a safety checklist to go through as part of the commercial driver requirements, Berkowitz said.

“That bus doesn’t leave the yard if there is anything wrong on that checklist,” he added.

Authorities have suggested a tire failure may have contributed to the crash, but the investigation remains in the early stages.

Twisted cable barriers above the location on Interstate 84 in Slate Hill near where a bus lost control and rolled down the median causing 2 fatalities on Thursday. The NTSB will hold a press conference later on Friday Sept. 22, 2023 with their findings.
Twisted cable barriers above the location on Interstate 84 in Slate Hill near where a bus lost control and rolled down the median causing 2 fatalities on Thursday. The NTSB will hold a press conference later on Friday Sept. 22, 2023 with their findings.

Federal National Transportation Safety Board investigators are overseeing the effort, which typically includes pulling the event data recorder, nicknamed a black box, to analyze speed and other factors that can contribute to causes.

The list of factors involved in crashes spans everything from driver error and distractions to vehicle/equipment defects and roadway damage, said Berkowitz, who lives on Long Island and has been a professor at several universities, including Florida Atlantic University.

“There are so many factors,” he said, “so we shouldn’t jump to conclusions.”

Binghamton Press & Sun-Bulletin reporter Sarah Eames contributed to this report.

Emily Barnes is the New York State Team consumer advocate reporter for the USA TODAY Network. Contact Barnes at ebarnes@gannett.com or on Twitter @byemilybarnes.

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This article originally appeared on Rochester Democrat and Chronicle: Orange County bus crash: What to know about company's inspections