Interpretation ID: nht93-6.27

DATE: September 1, 1993

FROM: Carolyn McDaniel -- Attorney at Law

TO: Mary Versailles -- Office of General Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 9/27/93 from John Womack to Carolyn H.

McDaniel (A41; Std. 208)

TEXT:

Your name was given to me to contact regarding a traffic accident involving prisoners being transported in vans. I was retained by a group of prisoners being extradited by a company called Extradition Services Inc., or ESI, out of Michigan. They were involved in an accident in the state of Texas. The driver fell asleep at the wheel and ran into the back of a truck. They were extraditing prisoners from Texas and other parts of the U.S. to several other states including Colorado and Florida. However, their primary destination was Michigan.

They were in an extended Dodge van, bars over the windows, handles off the doors, one bench in a wire cage, two more bench seats and a bench seat across the back of the van. The aisle ran along the passenger side of the van. The seats appeared to be the original seats and seat belts apparently had been removed because none were present.

The number of prisoners the van was carrying ranged from 10 to 12 on the average, but was frequently up to 14 or more. Sometimes prisoners had to sit on the floor.

The two drivers would often drive in excess of 48 hours without rest stops. The drivers would sleep for only 2 hours each. They were also seen taking some type of pills.

My clients were denied food and restroom stops. It became so bad at times, they had to urinate on the floor.

The insurance company for ESI, Amerisure, has tried to force them to sign NO-FAULT Insurance forms. We have not done so because Texas is not a no-fault state. These people have not even paid the hospital for the prisoners medical treatment at the time of the accident.

I do not like to see anyone treated the way these people were treated. Any company conducting themselves in this manner should be fined and have their licenses revoked.

I would appreciate any help or direction you can give me regarding the regulations ESI and their people would fall under as I am not familiar with those regulations. It is my understanding you are the expert on these types of complaints.

Thank you for your time and consideration.