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Police cite Fung Wah bus driver for several violations in crash
2007-02-15
Boston Global - by Mac Daniel

The driver of a Fung Wah bus that crashed yesterday near the Allston-Brighton tolls on the Massachusetts Turnpike was cited by State Police for speeding, negligent operation, maintaining false driving records , and an equipment violation related to the bus's brakes, adding another black spot to the discount carrier's safety record.

None of the 35 passengers on board the New York-bound bus was injured. The accident occurred in a westbound lane.

The driver, Jimmy Chow, 50, of Brooklyn, N.Y., was not arrested. He was also cited by State Police for failure to use care in stopping .

Lieutenant Eric Anderson said Chow gave a State Police Commercial Vehicle Enforcement team member false driving records, which are required by federal officials and State Police and are used to monitor the number of hours drivers are on the road.

The Federal Motor Carrier Safety Administration requires all commercial drivers to record the time spent driving and resting for every 24-hour period. Drivers must also record the number of miles driven in a 24-hour period. Though there are numerous exceptions, commercial bus drivers are not allowed to drive more than 11 consecutive hours, which must be followed by 10 consecutive hours off duty.

Anderson did not have details on what troopers found to warrant the false log charge. He also could not specify what the problem was with the bus's brakes.

The bus, which slammed into a guardrail in slushy conditions around 11:15 a.m., had to be towed from the scene. Passengers retrieved their luggage and boarded another Fung Wah bus to New York.

The eight-year-old bus line, which has come under scrutiny from federal and state officials for a series of safety and other violations, offers $15 one-way trips between Boston and New York, a route popular with college students. But a string of incidents, the most recent last month, have continued despite company promises to improve driver training and bolster compliance with federal safety standards.

In January, a set of rear wheels loosened on a Boston-bound Fung Wah bus after it had traveled nearly 200 miles at highway speeds during a trip from New York. No one was injured.

In September 2006, a Fung Wah coach rolled over while rounding an Interstate 290 ramp in Auburn , slightly injuring 34 passengers headed to Boston. State Police attributed the accident to excessive speed.

As a result of that crash , Fung Wah was fined $31,100 for violating federal safety regulations. The Federal Motor Carriers Safety Administration said Fung Wah improperly hired drivers who couldn't speak English and who regularly exceeded speed limits.

In another incident, a Fung Wah coach caught fire in August 2005 on Interstate 91 in Connecticut on the way to New York. The company was not cited because federal officials concluded the fire was caused by faulty wiring.

"I can tell you that following the last incident they implemented a whole new set of policy and procedures," said Joseph Mokrisky, a Stoughton-based consultant hired by Fung Wah to create a driver training regimen that included an English-language immersion program after the driver in the Auburn crash was found unable to speak English, a violation of federal regulations.

The driver in yesterday's accident did speak English, said State Police.

"They've done a very good job," Mokrisky said. "It's unfortunate. It's really unfortunate that this happened. Up until today, it seemed as if everything was working."

Still, federal officials say the company currently holds a "satisfactory" rating because its overall operations, including vehicle inspections and a willingness to fix problems quickly, are in compliance.

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