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2008 Bathurst Boys in Red accident

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2008 Bathurst Boys in Red accident
Cross located at the site of the crash on October 27, 2008.
DateJanuary 12, 2008 (2008-01-12)
Time~0:00 AST (4:00 UTC)
LocationRoute 8, New Brunswick, Canada
Casualties
8 dead
4 injured

The Boys in Red Tragedy, or 2008 Bathurst van collision, was a collision between a van carrying a basketball team and a transport truck just outside the town of Bathurst, New Brunswick, Canada. Eight people were killed and four others were injured. The basketball team from Bathurst High School was returning to its home town after a game in Moncton.[1] The accident was the worst in New Brunswick since 1989,[2] when a logging truck lost control and tipped onto a hayride in Cap-Pele killing twelve,[3] and the worst accident, by death toll, involving a Canadian sports team.[4]

The accident brought into question the rules and regulations regarding student transport in New Brunswick and the safety of 15 passenger vans as a whole. The accident would lead to Ford Club Wagons being banned from transporting students in many areas of Canada. New regulations and policies were also adopted by the province of New Brunswick and several other parts of Canada to improve the safety of student transport.

Accident

Deaths
1. Javier Acevedo, age 17
2. Codey Branch, age 17
3. Nathan Cleland, age 17
4. Justin Cormier, age 17
5. Daniel Hains, age 17
6. Nick Kelly, age 15
7. Elizabeth "Beth" Lord, age 51
8. Nickolas Quinn, age 16

The Bathurst High School basketball team was returning from a game against its Moncton rival on the night of January 11, 2008. In the early hours of January 12, the van was travelling northward on Route 8 in poor weather and road conditions. As the van was approaching the city limits the driver lost control of the vehicle and collided with a southbound transport truck. The two vehicles came to rest on the shoulder of the road next to the southbound lane of the highway approximately 40 metres (130 ft) from the point of impact.[5][6]

The wreck was discovered by a police officer who had originally only noticed the transport off the road and called for a tow truck. Upon approaching, he discovered the mangled van and called for backup. The rear wall and a large portion of the right wall, including three rows of seats in the van, had been torn away carrying with them their passengers.[5] According to early reports, three bodies were thrown outside the van along with their seat belts and seats. Emergency services responded slower than usual due to freezing rain. Eight of the van occupants were pronounced dead - seven students and the van driver's wife. The four survivors of the van: two players; the basketball team coach/driver; and his daughter were rushed to Chaleur Regional Hospital in Bathurst. One of the injured was listed in critical condition, two in stable, and the fourth was released shortly after the accident. The driver of the transport truck was not injured.[7]

Reaction

Parents of the students were waiting to pick up their children at the local McDonald's restaurant, only ten minutes from the site of the accident. Nathan Cleland, one of the eight killed in the collision, called his parents shortly before the accident to let them know they were only minutes from home, Cleland's parents stated that the boys were laughing and having a good time.[6] They would only learn of the accident later that morning.[7]

Flowers at the site of the accident on October 27, 2008.

School District 15 Superintendent, John McLaughlin, said that the entire community was in a state of shock. District officials arrived at the school to set up a grief centre in the early morning. The day after the accident, McLaughlin was questioned on the laws and regulations governing team travel across the province. He noted that in order to drive the van in question, the teacher/driver needed a special licence. Asked if the teacher had the appropriate licence, he said that he did. When asked further about regulations about driving in bad weather, McLaughlin stated that there were no laws or regulations in the province which stated when teams could be driven, or not, depending on the weather. He also added: "That's really hard because you have to gauge the weather each time you have to make a decision. As for what happened last night, I can't comment. I don't have that information. But in general, our people take great care in making decisions based on the information that they have at the time."[8]

Premier of New Brunswick Shawn Graham stated: "I just want to extend sympathies to the affected families. This is a tragic situation for the community of Bathurst and our province."[9] Prime Minister of Canada Stephen Harper said the incident has "shocked the nation" and called for a day of mourning across the country.[6] Valery Vienneau, Bishop of Bathurst, read a message on behalf of Pope Benedict XVI stating: "(The Pope) expresses sentiments of deep sympathy and spiritual closeness to the members of their families and to all staff and students who have been touched by this tragedy. The Pope assures all concerned of his prayers for those who died and for their families."[10]

On January 16, five days following the accident all sports-related extracurricular activities in the province were cancelled. Services were held across the country, some schools showed their respect by dressing up in red and black, the colours of Bathurst High School. A funeral for the seven basketball players was held in Bathurst at the K.C. Irving Civic Centre drawing in about 6,000 mourners. The civic centre could only contain 3,500 people so many mourners filled the adjacent rink to observe the service on a widescreen television. Elizabeth Lord's private funeral followed the next day.[11][12]

Jack Lengyel, known for having coached Marshall University's football team after Southern Airways Flight 932 crashed, killing 37 members of the team in 1970, funded his own trip to the community from Arizona to assist in the grieving process. He went on to state that teams should not be transported in small vans such as the one used in Bathurst.[13][14]

Investigation

Both the Royal Canadian Mounted Police and Transport Canada conducted investigations related to the accident.

The RCMP released a report on the collision on July 29, 2008. It stated that the van would probably not have passed a safety inspection if it had been subject to one at the time of the accident. In a press briefing, the RCMP Accident Reconstructionist, Annie Nielson, indicated that rust in the body of the vehicle was the one factor that would have caused the vehicle to fail the inspection, although that this would not have contributed to the accident. While the all-season tires on the vehicle were worn and the rear brakes in need of repairs, these factors would not have caused the vehicle to fail a motor vehicle inspection.[15] The vehicle had been inspected on October 29, 2007, approximately two months prior to the collision, and it had been given a passing grade and a motor vehicle inspection sticker which would be valid for six months. The report resulted in people questioning the integrity of New Brunswick's motor vehicle inspection program.[16] The RCMP stated that the van was travelling about 73 kilometres per hour (45 mph) and the transport at approximately 80 kilometres per hour (50 mph) at the time of the collision. Both were well below the posted limit of 100 kilometres per hour (62 mph).[5]

Transport Canada released a report on July 30, 2008. The report blamed the weather conditions, but put more focus on driver fatigue and driver error. It also cited several breaches of provincial law regarding operation of commercial vehicles. The van in question was considered a bus according to the report. The driver was considered to have been on duty for 16 hours when the collision happened, contravening the law which states that one cannot drive beyond 14 consecutive hours of duty. There was also a claim of inadequate pre-trip inspections and inadequate log book keeping, as well as an inadequate protocol regarding contingency plans in the event of poor weather.[5] Transport Canada stated that although they put a different emphasis on certain factors, the report was consistent with the RCMP's reconstruction. They also proceeded to say that the vehicle would have failed an inspection in its pre-collision state due to worn tires and brakes.[17]

Six of the victims were not wearing their seat belts according to the report, while a seventh was not properly restrained. However it was later suggested that seat belts most likely would not have saved lives in this particular collision.[18] One survivor credits the fact that he was not wearing his seatbelt as part of the reason he survived, saying that had he not been thrown to the floor just before the collision he most likely would've suffered the fate of many of the other passengers.[19]

Aftermath

The memorial as of October 27, 2008.

An unfinished memorial in honour of the victims was revealed on June 6, 2008. An archway with a basketball net was placed in a courtyard behind the school. The memorial was funded by the Boys in Red Fund, established after the accident. A temporary memorial at the crash site consisting of two basketball nets and flowers was also erected.[20]

The accident caused school boards and teams across Canada to review their transportation policies. The investigation is expected to bring into question the safety of the 15-passenger van – a class of vehicle that has a poor safety record.[21] The vehicle was an E350 Ford Club Wagon. These vehicles were once considered more cost-effective than buses, but are now banned or being phased out for school use in many school districts, states, provinces and counties. One safety expert even went as far as to state that the Ford E-Series 15 Passenger Van was "one of the most dangerous passenger vehicles for rollovers ever built".[22]

Following the accident, all New Brunswick schools and some schools in other areas across Canada immediately halted the use of these vehicles. It is expected that the vehicles will be banned from carrying students in the coming months. Nova Scotia is currently the only province in Canada to restrict the use of these vehicles for students.[23] Nova Scotia banned the vehicles after an accident in a 15 passenger van killed 3 members of a hockey team and a volunteer in 1984.[24]

On August 13, 2008, the Canadian Standards Association (CSA) released CSA D270 a standard that would create a new class of vehicle known as a multi-functional activity bus. The standard requires crash tests, rollover protection and emergency tests before these new vehicles will be allowed into service. This safety standard had been started in 2006 in response to other incidents involving 15-passenger vans and sports teams. However the release of CSA D270 had been delayed. Only after the Bathurst accident did the CSA hurry to complete the standard. Some speculate that had the standard been released before the Bathurst crash the accident might have been prevented.[25]

Recommendations

On August 26, 2008, a government working group presented New Brunswick Education Minister Kelly Lamrock with eight recommendations for extracurricular transportation in the province as a direct result of the Boys in Red Tragedy. The eight recommendations are:

  1. Current guidelines 512-Student Activity Vehicles and 513-Transportation to and from Off-site School Related Activities, which contain suggested best practices for transporting students to a school-related extracurricular activity, should be strengthened through revisions and by making compliance mandatory through regulatory amendment.
  2. When organizing a school-related extracurricular activity involving the transportation of 10 or more occupants in one vehicle, the mode of transportation should be a school bus, a multi-functional activity bus (MFAB / CSA D270), a currently owned retrofit school bus, or chartered coach. For activities involving fewer than 10 occupants in one vehicle, the mode of transportation should be one of the aforementioned vehicles or a vehicle that can accommodate a maximum of nine occupants.
  3. In addition to holding an appropriate driver's licence, all drivers should successfully complete a Department of Education-sanctioned training program. This training should be implemented in the fall of 2008.
  4. All vehicles owned on behalf of schools or student councils should be maintained by a licensed service provider as defined by regulations pursuant to the Motor Vehicle Act. The person responsible for the vehicle should be required to submit maintenance and service records to the Department of Education.
  5. Vehicles that are currently owned on behalf of a school or student council and are used to transport students to a school-related extracurricular activity should be inspected under the supervision of a Department of Public Safety motor vehicle inspector prior to use in the 2008-09 year. Periodic audits by Department of Education personnel will be done to ensure that these vehicles are in good repair.
  6. Given that vehicles used to transport students to school-related extracurricular activities must travel at all times of day and in changing and unpredictable weather conditions, they should be equipped with snow tires if travel is occurring between October 15 and April 30.
  7. Additional resources should be put in place to ensure that students are being transported in compliance with the regulations.
  8. The district superintendent should be charged with the responsibility for ensuring safe transportation of students to and from extracurricular activities.

The recommendations will be written into the Education Act of New Brunswick when the Legislature resumes in the fall[needs update] along with some other changes also as a result of the accident.[26][27]

One of the effects of the recommendation now makes it mandatory that all vehicle operators who intend to use their vehicles to transport students between extracurricular activities be covered by a Third Party Liability and Accident Benefit policy in the amount of no less than CAD$2 million for vehicles with a capacity of fewer than 10 passengers and no less than CAD$5 million for vehicles with a capacity of greater than 10. This also applies to parents if they wish to chauffeur someone else's child to any school related extracurricular activity.[28]

The changes have had a critical reception in the province. Many of the rural schools have found that costs have drastically increased.[29] Many students are required to pay higher sports fees in order to cover higher transportation costs. Other schools do not have access to approved vehicles. The Education Act prohibits schools and school districts from owning their own vehicles. Many schools use incorporated bodies to operate vehicles for extracurricular activities. These incorporated bodies require additional funds to buy new vehicles and purchase the required insurance which can only be financed via extra fundraising on the part of the schools and their students.[30]

New transportation policies, combined with the New Brunswick Interscholastic Athletic Association's (NBIAA) decision to eliminate its A division in basketball, resulted in the cancellation of the 2008 Dalhousie Regional High School (DRHS) Christmas Classic Basketball Tournament. This tournament which had been held for 18 years had to be cancelled for what the school cited as: "new restrictions on when kids can play, imposed on high school athletics by school districts across the province, have made it impossible for (our school) to host the event this year." This caused widespread anger and disappointment amongst students. It is however one of only many events rural schools have had to cancel since the accident in Bathurst. There are concerns that more tournaments could be cut as long as the current policies exist, and that some extracurricular programs for smaller schools may end indefinitely.[31][32]

Criminal charges

On November 12, 2008 the RCMP ruled out laying criminal charges in relation with the accident. The RCMP stated that the finding had been reviewed by a Crown prosecutor and that no wrongdoing was found.[33] Several families of the deceased stated that they dissaproved of the decision and indicated that they themselves may bring a lawsuit against several of the involved parties. The chief coroner of the province stated that a provincial inquest into the accident may still be possible though a decision on the subject may take some time.[34][35]

See also

Wikinews has related news:

References

47°35′25″N 65°37′10″W / 47.59028°N 65.61944°W / 47.59028; -65.61944

  1. ^ "Van carrying high school basketball team collides with truck, eight dead". The Calgary Sun. 2008-01-12. Retrieved 2008-10-28.
  2. ^ "Canada's worst road accidents". Ottawa Citizen. 2006-04-19. Retrieved 2008-10-30.
  3. ^ Beitler, Stu (2008-08-15). "Cap-Pele, NB Truck - Hay Wagon Collision, Oct 1989". GenDisasters. Retrieved 2008-08-28.
  4. ^ "Bathurst tragedy hits close to home". The Globe and Mail. 2008-02-12. Retrieved 2008-10-30.
  5. ^ a b c d "SPECIAL INVESTIGATION V ASF5-1210 1997 Ford E 350 Super Club XLT Van Vs. 2005 Mack CXN613 "Vision" tractor towing a 2007 Great Dane Super LT reefer semitrailer" (PDF). Transport Canada Road Safety. Retrieved 2008-07-30.
  6. ^ a b c "Small N.B. city in disbelief after 8 killed in crash". Canadian Broadcasting Corporation. 2008-01-12. Retrieved 2008-01-12.
  7. ^ a b CTV article "N.B. collision kills 8, including 7 teammates". Canadian Television. 2008-01-12. Retrieved 2008-01-12. {{cite news}}: Check |url= value (help)
  8. ^ "Winter team travel leaves parents nervous". Canadian Television. 2008-01-13. Retrieved 2008-10-30.
  9. ^ "Condolences on deaths of seven students and teacher (08/01/12)". Government of New Brunswick. 2008-01-12. Retrieved 2008-10-30.
  10. ^ "Mourners fill arena for funeral". Toronto Star. 2008-01-16. Retrieved 2008-11-01.
  11. ^ "Schools across Canada remember the Boys in Red". Canadian Broadcasting Corporation. 2008-01-16. Retrieved 2008-10-29.
  12. ^ "Arena packed as Bathurst students' funeral begins". Canadian Broadcasting Corporation. 2008-01-16. Retrieved 2008-11-01.
  13. ^ "Ex-coach at Marshall to speak in N.B." The Globe and Mail. 2008-03-12. Retrieved 2008-10-26.
  14. ^ "We Are Marshall coach draws parallels between tragedies during N.B. visit". Prince George Citizen. 2008-03-13. Retrieved 2008-11-01.
  15. ^ "RCMP's collision reconstructionist report completed into crash which claimed eight lives,, Bathurst, N.B." Royal Canadian Mounted Police. 2008-07-28. Retrieved 2008-10-31.
  16. ^ "Van in Bathurst tragedy would have failed inspection: RCMP report". Canadian Broadcasting Corporation. 2008-07-29. Retrieved 2008-10-28.
  17. ^ "Across Canada, schoolboards following N.B. crash report". Canwest Publishing Inc. 2008-07-30. Retrieved 2008-11-03.
  18. ^ "Seatbelts might not have saved lives in Bathurst van crash: Transport Canada". The National Post. 2008-07-29. Retrieved 2008-10-26.
  19. ^ "N.B. survivor recalls crash as community mourns". Canadian Television. 2008-01-15. Retrieved 2008-11-02.
  20. ^ "Bathurst high school unveils 'Boys in Red' memorial". Canadian Broadcasting Corporation. 2008-06-06. Retrieved 2008-10-25.
  21. ^ CBC article "15-seat vans have bloody history: Edmonston". Canadian Broadcasting Corporation. 2008-01-16. Retrieved 2008-08-26. {{cite news}}: Check |url= value (help)
  22. ^ Larrabee, Whitfield, J. "The Deadly Dozen - Dangerously Defective SUVs, Pickups and Vans". Retrieved 2008-10-29.{{cite web}}: CS1 maint: multiple names: authors list (link)
  23. ^ "Edmonton public plans Sept. ban for 'death trap on wheels'". Edmonton Journal. 2008-01-15. Retrieved 2008-08-29.
  24. ^ "Experts question safety of van in N.B. crash". Canadian Television. 2008-01-14. Retrieved 2008-08-30.
  25. ^ "CSA unveils new guidelines for student transport". The Globe and Mail. 2008-08-14. Retrieved 2008-11-02.
  26. ^ "Transportation guidlines include vehicle restrictions, winter tire use". Miramichi Leader. 2008-08-27. Retrieved 2008-08-29.
  27. ^ "N.B. adopts new guidelines for student transport". Canadian Television. 2008-08-26. Retrieved 2008-08-26.
  28. ^ "Guideline 512 Student Activity Vehicles" (PDF). New Brunswick Department of Education. Retrieved 2008-11-02.
  29. ^ "New transport guidelines present challenges for smaller schools". Canadian Broadcasting Corporation. 2008-08-27. Retrieved 2008-08-30.
  30. ^ "Athletic fees may rise, warns high school principal". Canadian Broadcasting Corporation. 2008-08-28. Retrieved 2008-08-29.
  31. ^ "Basketball tournament, which annually drew teams from WHS, CNHS and SVHS, cancelled due to new restrictions on high school sports". Bugle Observer. 2008-10-17. Retrieved 2008-10-30.
  32. ^ "Sussex official says changes to travel rules aren't flexible enough". Miramichi Leader. 2008-11-12. Retrieved 2008-11-12.
  33. ^ "RCMP rule out charges in fatal Bathurst van crash". Canadian Broadcasting Corporation. 2008-11-13. Retrieved 2008-11-13.
  34. ^ "'They just can't get away with that': Moms want charges laid in Bathurst van crash". Canadian Broadcasting Corporation. 2008-11-13. Retrieved 2008-11-13.
  35. ^ "Father calls for coroner's inquest into Bathurst van crash". Canadian Broadcasting Corporation. 2008-11-14. Retrieved 2008-11-14.
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