Recap Tires (Alligators)
Alligators Can Be Dangerous!
The Federal Motor Carrier Safety Administration (FMCSA) was established within the Department of Transportation on January 1, 2000. The FMCSA has a new division, the Carrier Safety Administration (CSA) which was carefully planned and developed over the past few years The CSA was rolled out in December 2010. The CSA measures safety performance, using inspection and crash results to identify carriers whose behaviors could reasonably lead to crashes. I am sure everyone who travels the highways, especially interstate highways, have viewed remnants of recap tires (often referred to as alligators) along the roadway and often on the travel lanes. My concern is that no one at the FMCSA or CSA has addressed the issue of the loss of recap tires on large trucks/trailers. The separation and subsequent release of the recap material is extremely dangerous to oncoming motorists especially motorcyclists. Unfortunately, the driver of the vehicle (usually a tractor/trailer) and the company/owner of the vehicle apparently feel no obligation to stop immediately, warn other motorists and remove the remnants, provided it is safe to do so, the best action would be a proactive approach. In Ohio, drivers have a statutory duty to remove the tire remnants under Ohio Revised Code (ORC) Section 4511.74, 4513.31 and 5589.01, although the law is not very well enforced; instead, it appears to be left to the public agency who has jurisdiction of the roadway to use tax payer dollars to clean up the mess. I have personally witnessed recap failure and release from tractor/trailers, it is both frightening and dangerous if close to the event. I have also investigated accidents as a result of the loss of recaps and in many cases the results have been catastrophic. In a recent case, the driver of a tractor/trailer experienced a tire failure and recap seperation on an expressway resulting in a serious accident. While traveling the driver of a tractor trailer experienced tire failure and recap separation. Following the recap separation the driver failed to stop immediately. Instead, he drove a mile west, over the crest of a hill, so as to be out of sight of the lost recap tire and deny any responsibility, instead of warning motorists as he should have. Soon thereafter three motorcyclists traveling west in a staggered formation approached the recap which came to rest in the middle of the two travel lanes and one of the motorcyclists was unable to avoid the recap tire, struck it and sustained serious, permanent injuries. With all the new regulations and “apparent” concern for highway safety, why has the FMCA failed to address this important, serious road hazard and why isn’t it included in the new CSA inspection criteria? Why aren’t local governments instructing law enforcement agencies to enforce the law?
Robert Burch, CHST
Partner at ENGEL HAIRSTON--RAULSTON BROWN, PC
9 年Thanks for sharing, Honza. I've often wondered why no one thinks these are a big deal.