CHICAGO — Several tragedies have propelled the Midwest to the front lines of the regulatory battle against unregulated party buses.
Chicago authorities ordered 17 bus operators out of service last month after a three-day “enforcement action” in the city’s central business district.
Aldermen passed a stricter ordinance in April after 11 shootings, three of them fatal, had been connected to party buses in two years.
Missouri legislators are being asked to provide more tools to reduce party bus hazards after recent events in St. Louis and Kansas City.
In July 2015, St. Louis police, accompanied by a St. Louis Post-Dispatch reporter, inspected 32 buses in four nights of special patrols in popular nighttime neighborhoods. They ordered 18 of the drivers out of service and parked three buses for mechanical and licensing violations.
“Tougher laws and increased enforcement are crucial to get unsafe and illegal party buses off Missouri and Kansas City roads,” state legislators and police told the Kansas City Star.
Reporters from the Star recently spent 10 weekends trailing buses around the city’s popular nightspots.
The newspaper’s investigation was prompted partly by the 2013 death of 26-year-old Jamie Frecks, who fell from a party bus traveling in Kansas City, Kan., during a bachelorette party.
“She was standing with her back to the side double doors when the bus hit a bump while rounding a curve. The doors popped open and Frecks plunged onto the interstate and under oncoming traffic,” according to one of the stories about the incident.
“In the Kansas City area alone, more than half — perhaps as many as two-thirds — of party bus companies fail to follow state and federal rules designed to keep the public safe,” the newspaper wrote.
The Star series described the party bus-related deaths of 20 people across the United States.
“They climbed aboard party buses expecting a safe and fun-filled evening with friends. They never made it home,” the paper wrote.
Many of the victims fell out of moving vehicles after leaning or falling against faulty windows or doors. Two died from head injuries suffered when buses passed under bridges — one was dancing on top of a double-decker bus and another opened and poked his head out of a roof escape hatch.
One man died after intentionally opening a rear exit door and falling out of the moving bus. The door had recently passed inspection but the operator was cited for not having insurance.
“I definitely think that this should be something that’s on the Senate Transportation Committee next year to have a hearing about,” said Kansas Sen. Pat Pettey.
Running in the shadows
There are 340 licensed charter bus companies operating in Chicago, said Rosa Escareno, the city’s commissioner of business affairs and consumer protection.
“I can’t begin to tell you how many may be operating illegally,” she said.
Industry experts and a national transportation consultant told the Star that federal regulations are adequate but enforcement is not.
“Enforcement falls to state and federal inspectors already stretched thin monitoring millions of commercial trucks, charter buses and school buses on the nation’s roads. Inspectors seldom work late hours on weekends, when party buses most often operate,” the paper said.
Kansas Highway Patrol Trooper Nick Wright, a transportation enforcement specialist, told the Star, “Ultimately it boils down to more manpower.”
The Star’s reporters did work late hours on weekends to keep track of party buses. Then they searched public documents for evidence of regulatory compliance.
“Every night they witnessed problematic buses operating among the legal ones,” the paper wrote in summary. “Some ran with bald tires, inoperative taillights or riders leaning precariously from windows. Some crossed state lines without the insurance coverage that federal regulators require to protect passengers and the public if something goes wrong.
“Some lacked the Department of Transportation numbers that registered buses display. And some transported partiers even though the company has lost its credentials to operate — or never had them in the first place.”
One bus followed by the reporters traveled with the same burned-out taillight for three months.
The Star reported that some carriers “hide their businesses from authorities by using online booking agents to solicit customers. These websites often show generic buses, making it nearly impossible for customers to tell what company they are hiring.”
In border cities such as St. Louis and Kansas City, carriers that are not authorized to conduct interstate commerce may do so anyway, the paper reported.
“The Star called about 20 area companies to see how many would cross state lines even though they lacked proper insurance. All but one offered to do so.”
Chicago fire
Last month’s Chicago enforcement blitz was conducted by the Department of Business Affairs and Consumer Protection with the Chicago Police Department under powers strengthened by the April ordinance.
In most parts of the country, the problems stem from party buses that are uninspected, uninsured and operated by unlicensed drivers. In Chicago the issue is onboard violence.
The new Chicago ordinance requires party buses carrying more than 15 passengers to be accompanied by a licensed security guard if alcohol is being consumed onboard or if the bus plans to stop at locations where alcohol is served.
The ordinance also requires operators to take affirmative steps to make sure passengers are not illegally carrying firearms or drugs.
“We saw a lot of alcohol being consumed,” Anthony Riccio, chief of the Chicago Police Department’s organized crime unit, said during a press conference held to announce the actions against the 17 bus companies.
“We’ve seen gangs actually charter some of these buses,” Riccio said. “We do see a lot of problems and violence that stems from the fact that they were completely unregulated.”
Chicago Alderman Emma Mitts said party buses are supposed to be for celebrations, “not potential rolling cemeteries where armed, sometimes fatal violence can break out at a moment’s notice thanks to the potent mix of guns and alcohol.”
Kansas City Police Sgt. Kevin Murray would like to see Missouri authorize criminal charges against serial violators to get prosecutors more involved. And, he added, “Impounding the buses would definitely be a help. You could hold it until the company is compliant. I think that would make a huge difference.”
Washington model
Some experts have pointed to the state of Washington’s party bus law as a potential model for other states. The law was passed in 2015 in response to accidents seen across the country as well as the death of an 11-year-old girl in Portland in 2012.
The Washington law specifies that bus operators must hold a state operating certificate or federal operating authority. Operating a passenger carrier without one of these authorities can result in a fine of up to $5,000.
The state defines a party bus as “any motor vehicle whose interior enables passengers to stand and circulate throughout the vehicle because seating is placed around the perimeter of the bus or is non-existent and in which food, beverages or entertainment may be provided.”
If alcohol is to be consumed on a charter, someone who is at least 21 years old must obtain a liquor permit. This permit holder must “monitor and control party activities in a manner to prevent the driver from being distracted” and “assume responsibility for compliance with the terms of the special permit, including compliance with the prohibition against furnishing liquor to minors.”
The law specifies that double-decker buses must not exceed a height of 14 feet.
Chicago officials have asked Illinois legislators to amend the state’s laws regulating concealed carry of weapons. Local governments may prohibit guns from being carried in government buildings and bars but not on buses.
An alderman argued that party buses are “rolling bars” that should be included in the concealed-carry exemption.
Chicago business affairs commissioner Escareno views party bus crackdowns as a means of leveling the playing field for charter operators.
“We want to help legitimate bus companies compete and thrive and operate in a safe environment,” she said.
The operator of one bus caught in the 2015 St. Louis enforcement effort thanked police officers for their service. Bill Brewer’s bus passed the inspection. USDOT lists his company, All About You Limos of nearby Columbia, Ill., as having legal operating authority, a satisfactory safety rating and current insurance coverage.
“We’re in the business to provide safe transport and we’ve got to keep our vehicles up to par,” Brewer told a Post-Dispatch reporter. “These guys that are not properly insured put us at a business disadvantage and make it unsafe for the clients.”
