As already pointed out, the empty return run of this vehicle to Dunmore, Pa., under the control of Lawrence E. Butler, operating as a private carrier of property transporting his own equipment in the furtherance of a commercial enteprise, was but part of a larger operation, under a series of trip-lease arrangements, for the transportation of steel in interstate commerce by a common carrier subject to the regulations of the Interstate Commerce Commission. Many incidents in connection with those trip leases make it clear that the regulated carrier did not exercise sufficient control over the operations to prevent violations of the Interstate Commerce Act and the Commission's regulations. The presence of John J. Scarantino, an unqualified driver, on the vehicle while transporting a cargo from Scranton, Pa., to Brooklyn, N. Y., is but one manifestation of this lack of control. It is, however, one which directly affected the circumstances which produced this serious accident.

The common carrier involved permitted a lease to be signed in its behalf and transportation to be arranged for by a person designated a "salesman" who did not exercise reasonable diligence in ascertaining that the vehicle to be used was in good mechanical condition, that the driver was qualified to drive in interstate commerce, that the route to be followed was one which the carrier was authorized to use, or that the vehicle was identified as leased and operated by it. This salesman did not examine the driver's logs for the trip and reject them as false, although he possessed sufficient first-hand information to establish that they in no way coincided with the facts. The lease agreement for the transportation of the cargo from Rochester, N. Y., to New York City was drawn and executed only after the transportation had been performed.

Stemming directly from failure of the carrier to exercise control over the operation performed in its name were: the use of a route over which the carrier did not have authority to operate but which the owner driver selected because it passed through his home city; the use of a driver of whom the carrier had neither knowledge nor record, for that portion of the run from Dunmore, Pa., to Rochester, N. Y., and back from Rochester to Dunmore; and the presence on the vehicle from Dunmore, Pa., to New York, N. Y., of John Scarantino, either as a driver not qualified to operate in interstate commerce, or as an unauthorized person, in violation of section 192.60 of the Motor Carrier Safety Regulations which provides:

“Unauthorized persons not to be transported. Unless specifically authorized in writing to do so by the motor carrier under whose authority the motor vehicle is being operated, no driver shall transport any person or permit any person to be transported on any motor vehicle other than a bus. When such authorization is issued, it shall state the name of the person to be transported, the points where the transportation is to begin and end, and the date upon which such authority expires. No written authorization, however, shall be necessary for the transportation of:

"(a) Employees or other persons assigned to a vehicle by a motor carrier; "(b) Any person transported when aid is being rendered in case of an accident or other emergency;

"(c) An attendant delegated to care for livestock.

"This section shall not apply to the operation of motor vehicles controlled and operated by any farmer and used in the transportation of agricultural commodities or products thereof from his farm or in the transportation of supplies to his farm."

The fact that Scarantino previously had been employed as a truck driver by at least three parties including Lawrence Butler, combined with the fact that he was, actually, driving at the time of the accident, makes it apparent that he was paid as a driver rather than as a nondriving helper on this trip. Having made the trip to New York while the vehicle was subject to the control of the common carrier, he continued on the same vehicle under the control of Butler, a private carrier, and the accident resulted.

RECOMMENDATIONS

This accident emphasizes the need for a better realization of the serious nature of driving offenses, such as passing on or approaching a curve or a hill crest which limits the driver's view of the road ahead; and the need for training drivers to react to the danger of head-on collision by pulling their vehicles to the right and reducing speed, and not by pulling to, or off, the left side of the roadway.

It also emphasizes the absolute necessity for carriers which hold authority from this Commisison (which authorities require compliance by the holder with the Act and the Commision's regulations) to exercise close and direct control over every phase of their operations. It also illustrates the almost insurmountable difficulties to the exercise of such control which are inherent in the use of vehicles and drivers for single trips under a trip lease arrangement. It, therefore, demonstrates that steps should be taken to place in effect regulations restricting the use of leased equipment to periods of such duration as to give a reasonable degree of stability to the arrangement. This will result in better knowledge and control by motor carriers over the vehicles and drivers in their service.

An investigation will be made into the circumstances and the practices of the carriers, mentioned in the report, including the use of trip-leased vehicles without exercising the required supervision and control over the vehicle and the driver, the failure to make adequate inquiries before accepting a driver, the use of an unfit driver, the operation over routes the carrier was not authorized to use, the failure to require drivers to maintain logs, and the failure to properly instruct and see that drivers observe proper driving practices. Whatever action appears to be warranted will be taken, including the possibility of bringing the matter to the attention of the Federal Court in which Keeshin's reorganization is pending, the requesting of criminal prosecutions, the institution of proceedings with the view to revocation of the carrier's certificates, or such other action as may seem appropriate to endeavor to reduce the heavy toll that motor vehicles are exacting.

Dated at Washington, D. C., this 22d day of April 1953.

By the Commission, Commissioner Arpaia.

[SEAL]

GEORGE W. LAIRD,

Acting Secretary.

INTERSTATE COMMERCE COMMISSION, BUREAU OF MOTOR CARRIERS, SECTION OF SAFETY, WASHINGTON, D. C.

MOTOR CARRIER INVESTIGATION REPORT, No. 8

MICHAEL HANDFINGER, PHILADELPHIA, PA., ACCIDENT OF OCT. 21, 1953, IN

HYATTSVILLE, MD.

Accident of October 21, 1953, in Hyattsville, Md., involving a truck of Michael Handfinger, a noncertificated carrier of "exempt" commodities, and a Hyattsville, Md., fire truck.

ARPAIA, Commissioner:

REPORT OF THE COMMISSION

1

On October 21, 1953, at 9 p. m., eastern standard time, a truck in the operation of Michael Handfinger, 520 McKean Street, Philadelphia, Pa., collided with a hook-and-ladder fire truck of the city of Hyattsville, Md., on the Baltimore Avenue (U. S. Highway 1-A) overpass which crosses the Baltimore & Ohio Railroad tracks in Hyattsville. Two firemen were killed. Damage to the vehicles was minor.

1 Authority to issue and release motor carrier accident inuvestigation reports (except those in which testimony is taken at a public hearing) was delegated to Commissioner Arpaia, October 6, 1952.

LOCATION AND PHYSICAL CONDITIONS

This accident occurred on the overpass which carries Baltimore Avenue (U. S. Highway No. 1--Alternate) across the Baltimore & Ohio Railroad tracks. The overpass is approximately 900 feet in length. At the southern approach to the overpass Baltimore Avenue is a four-lane highway, with a continuous double white center line. At the southern end of the overpass the avenue begins a turn of some 30 degrees to the right, narrows to a 30-foot pavement, and starts ascending the overpass on a grade of, roughly, 8 percent. The roadway is straight, and continues this ascent for about 350 feet. At this point it reaches the top of the grade and enters a curve to the left. This curve is 200 feet in length and 30 degrees in curvature. Throughout this curve, and for another 200 feet, the roadway is nearly level. It then enters a downgrade at the base of which it turns right, joining United States Highway No. 1 to resume its original course, almost due north. The pavement on the overpass is macadam. A double white center line runs its entire length. On either side of the roadway is a paved walkway, 6 feet wide and separated from the roadway by a curbing. The collision occurred on the overpass, in the northbound lane, near the southern end of the curve.

OPERATIONS INVOLVED

Michael Handfinger operates a small fleet of motor vehicles in the for-hire transportation of fruits and vegetables between Philadelphia and other major cities of the Middle Atlantic States. He has never been issued any certificate by this Commission. On October 19, 1951, a copy of the Motor Carrier Safety Regulations, Revised, was mailed to Handfinger with a form letter explaining that carriers transporting "exempt" commodities, such as fruits and vegetables, in interstate or foreign commerce must comply with these safety regulations. In the fall of 1952, a revised copy of the regulations was mailed to each motor carrier of record with the Commission, including the so-called "exempt" carriers, among whom Michael Handfinger is listed. It is noteworthy that only those "exempt" carriers who have come to the attention of the Commission's Bureau of Motor Carriers' personnel through road checks, spectacular accidents, or similarly unsystematic means are represented in the Commission's files.

Investigation following the accident of October 21, 1953, has developed the fact that Handfinger's present operations are essentially the same in character as those conducted in 1951.

THE DRIVERS

Charles Anthony Schofield, driver of the fire truck, is 36 years of age a resident of Hyattsville and a member of the Hyattsville Fire Department.

George Linton Crone, alias James Albert Robinson, alias James Arthur Robinson, driver of the produce truck, is 26 years of age. He had worked at intervals since about 1944 as a loader of produce, and as a driver of produce trucks, in the Dock Street Market area of Philadelphia.

By Crone's own statement, a major portion of his Army service in 1946 and 1947 was spent A. W. O. L. or "in the stockade," and this service was terminated by a bad conduct discharge. At that time he returned to the employ of another Michael Handfinger, a cousin of the Michael Handfinger who owns and operates the truck involved in the fatal accident.

On September 8, 1947, Crone was arrested on an automobile theft count. He was convicted and sentenced to 1 year and 1 day on December 11, 1947, but was freed on 3 years' probation.

On December 20, 1947, he was arrested in a "till tapping" charge and was convicted. Again he was freed on probation.

On April 9, 1948, he was convicted of larceny, "operating an automobile without the consent of the owner." His Pennsylvania driver's license was revoked for 1 year, and a sentence of from 3 months to 5 years was imposed. He was imprisoned under this sentence until February 3, 1950.

On February 3, 1950, immediately upon being released, he was recommitted for violating his probation under the "till tapping" conviction. He was next released on December 4, 1950.

On December 27, 1950, he was involved in an accident in New Jersey, was convicted of driving without a license, and was sentenced to "fifteen days or fifteen dollars."

On August 20, 1951, he was again committed to prison for violating his parole and for "operating an automobile without the consent of the owner." He was released on March 20, 1953.