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CRS INSIGHT


Duck Boat Accident Highlights Gap in Regulation


July 20, 2018 (IN10932)

I


Related Author


    *Bill Cania




Bill Canis, Specialist in Industrial Organization and Business (bcanis(,crs bc ovy 7-1568)

On July 19, 2018, an amphibious vehicle Lapaijd during a sudden storm on a lake in Branson, MO, killing at least 17
passengers. The accident highlights gaps and discrepancies in federal safety regulations affecting amphibious passenger
vehicles (APVs), more widely known as duck boats.

Duck boats are tourist vehicles designed both to drive on roads and operate as boats in the water. These vehicles host
thousands of tours for more than 1 million passengers annually. The original vehicles were built during World War II to
deliver cargo from ships at sea directly to the shore, and often to evacuate injured military personnel. Some of the
vehicles in use today have been refurbished, but others were built more recently. Many duck boats are operated under a
license from Ride the Ducks International (RTDI), a private company, but there may be others operated independently
as well.

These vehicles have been involved in a number of accidents in recent years. In September 2015, a duck boat was
involved in a crash with a commercial bus on a bridge in Seattle, killing five passengers. APV accidents occurred in
Boston in 2016 and Philadelphia in 2010, and include an earlier incident in Seattle in 2001 and a sinking with 13
fatalities in Arkansas in 1999.

These unique vehicles answer to several regulators. Because they operate in the open water of harbors and rivers, they
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. Commercial vehicle inspections typically are
conducted by state agencies. In addition, drivers must be certified by state officials as commercial vehicle drivers. And
because the vehicles were rebuilt for commercial service, they must comply with certain federal motor vehicle standards
established by the National Highway Traffic Safety Administration (NHTSA).

After investigating the 2015 APV crash in Seattle, the National Transportation Safety Board (NTSB), an independent
federal agency, issued an accident report with recommendations to enhance the safe operation of these vehicles. Among
NTSB's recommendations,

   . NHTSA should classify all APVs as non-over-the-road buses and make newly manufactured APVs subject to

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