About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (April 29, 2022)

handle is hein.crs/govefqv0001 and id is 1 raw text is: Congressional Research Service ~ Informing the legislative debate since 1914 April 29, 2022 Legislation Partially Addresses Fatal Duck Boat Accidents Amphibious passenger vehicles (APVs), widely known as duck boats, are tourist vehicles designed to drive on roads and operate as boats in water. Several fatal accidents have drawn attention to potential shortcomings in regulation of these unique vehicles (also known while afloat as vessels), which are subject to oversight by multiple federal and state agencies. Legislation passed in the House and pending in the Senate would bring tighter regulation of duck boats while afloat but does not address recommendations intended to increase their safety while operating on the road. Duck boats host thousands of tours for more than one million passengers annually. About 200 such vehicles operate domestically. The original vehicles, referred to as DUKW, were built during World War II to deliver cargo from ships at sea directly to the shore and often to evacuate injured military personnel. The name DUKW, which became duck over time, is from military terminology-D refers to the year designed (1942); U refers to utility; K to all-wheel drive powertrain; and W to dual-powered rear axles. Some of the vehicles in use today have been refurbished, and others were built more recently. Many duck boats are operated under a license from the private company Ride the Ducks International (RTDI), but others may be operated independently. Figure 1. Amphibious Passenger Vehicle Vessel that sank in Branson, MO Source: National Transportation Safety Board, at https://www.ntsb.gov/investigations/Pages/DCAI 8MM028.aspx. Note: Vehicle after being recovered from Table Rock Lake, MO. Fatal Accidents APVs have been involved in a number of accidents. In July 2018, an APV capsized during a severe thunderstorm- forecast by the National Weather Service-on a lake in Branson, MO, killing 17 of 31 persons aboard. During the storm, waves were reportedly 3-5 feet high, and winds gusted as high as 73 miles per hour. The accident highlights gaps and discrepancies in federal safety regulations affecting APVs. In September 2015, an APV was involved in a crash with a commercial bus on a bridge in Seattle, killing five passengers and injuring 60. In addition, APV accidents occurred in Boston in 2016, in Philadelphia in 2010, and in Seattle in 2001. An APV sinking in Arkansas in 1999 caused 13 fatalities. Regulatory Gaps These unique vehicles answer to several regulators. Because they operate in the open water of harbors and rivers, APVs are considered small passenger vessels, and the U.S. Coast Guard must inspect them for seaworthiness and certify the drivers as vessel captains. Since APVs also carry passengers on land, they are subject to federal commercial vehicle regulations enforced by the Federal Motor Carrier Safety Administration. State agencies typically conduct commercial vehicle inspections, and state officials must certify drivers as commercial vehicle drivers. Because they were rebuilt for commercial service as motor vehicles, APVs also must comply with certain federal standards established by the National Highway Traffic Safety Administration (NHTSA). After investigating the 1999 APV sinking in Arkansas, the National Transportation Safety Board (NTSB), an independent federal agency, called for changes to canopies and vehicle buoyancy. Those changes have yet to be implemented. After both the 2015 crash (Seattle) and the 2018 sinking (Branson), NTSB issued accident reports with recommendations to enhance the safe operation of APVs. NTSB made the following recommendations: NHTSA should classify all APVs as non-over-the-road buses and make newly manufactured APVs subject to applicable federal motor vehicle safety standards; NHTSA should separately adopt Coast Guard rules about cargo loads and passenger seating limits; The Coast Guard should ensure that APV operators instruct passengers not to wear seat belts when the vehicle is operated in water; The Coast Guard should ensure that APV forward hatches are closed when the vehicles are in water to prevent swamping, revise its regulations to address operations under imminent severe weather, and stipulate emergency evacuation procedures should an APV begin to sink. https://crsreports.congress.gov

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Already a HeinOnline Subscriber?

Log In

profiles profiles most