OLATHE, Kan. — The party bus on which a woman was riding when she fell to her death last month during a bachelorette party never should have been on the road, federal regulators determined after inspecting the bus.
They also ordered the company, Midnight Express LLC, stop operating immediately.
Investigators said this particular bus was so unsafe it should not have even been on the road without passengers.
However, the night of May 4, Jamie Frecks, 26, and 16 of her friends were on the bus for a girlfriend’s bachelorette party.
Frecks fell out onto I-35 near the Southwest Blvd. exit and was hit by at least three cars and was killed. She was a new mother of a two-month-old daughter.
“We understand that the driver who, of course, is an employee of Midnight Express, did not properly close and latch that door which is not supposed to be used as a door in any event and certainly there was no warning light that would indicate that the door was ajar which was one of the requirements that was not met,” said Lynn Johnson, an attorney for the Frecks family.
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“Effective immediately you must cease operating all passenger-carrying commercial motor vehicles, including the motor coach identified in this order. Further, the motor coach identified in this order is prohibited from being operated in interstate or interstate commerce by any other motor carrier or any driver.” the U.S. Transportation Federal Motor Carrier Safety Administration ordered.
Investigators with the U.S. Dept. of Transportation identified problems with the bus’ brakes and exhaust system. It also found blocked emergency exits and the fire extinguisher was empty.
The report documented five egregious regulatory safety violations including:
- No or defective emergency exit windows.
- Midnight Express never filed for a Motor Carrier Identification Report before beginning operations.
- Midnight Express has no USDoT number, which is required to operate.
- The company did not carry the $5 million in liability insurance required
- The company had no driver qualification files and does not test for drug and alcohol, nor does it keep records of the hours drivers were on the job.
In summing up the numerous violations, the federal order used strong words about the bus company:
“The most egregious example of Midnight Express’ utter disregard for safety is reflected in your complete failure to establish a system of equipment inspection, maintenance and repair, especially with regard to passenger safety,” the report said.
More specifically, the report reads:
- There is no record of the required 90-day inspection for emergency push-out windows, emergency doors or emergency door marking lights.
- The Kansas Highway Patrol’s post fatality roadside inspection found the motor coach involved in the May 4, 2013 fatal incident was designed with emergency exit windows. However, all 4 side emergency exit windows are blocked by seat backs. In addition, the rear emergency exit window is blocked by an ice box apparatus; the release latch is jammed and inoperable.
- These violations were cited as vehicle out-of-service conditions. The Kansas Highway Patrol’s inspection report also demonstrates the only on-board fire extinguisher was fully discharged, and it was last recharged in 2004. There are no bus emergency exit markings, no posted operating instructions, and no bus standee line or notice to stand behind the required line while the bus was in motion.
- MIDNIGHT EXPRESS operates the motor coach with no brake pedal reserve, meaning the brake pedal goes to the floor when depressed. The engine exhaust system leaks from beneath the passenger compartment. These violations were also cited by the Kansas Highway Patrol as vehicle out-of-service conditions.
- These violations and the violations described in FMCSA’s subsequent Compliance Review substantially increase the likelihood of serious injury or death to MIDNIGHT EXPRESS’ drivers, passengers and the motoring public.
The Wyandotte County, Kan. district attorney’s office is continuing its criminal investigation into Frecks’ death.
“Maybe the good thing that comes from all of this is that things change and that people are held accountable,” said Monica Shonkwiler.
If Midnight Express fails to comply with the order they could be fined up to $25,000 and face one year in jail.
Before booking travel on a party bus, the FMCSA urges customers to “Look Before You Book.” Click here for more details on that guide.
