In this Issue:
ABYC Announces Formation of New CommitteeATA Plans 3rd of “The Road Series”
Driver Training Programs
ABYC Announces Formation of New Committee
by Robert J. Swint
The American Boat & Yacht Council (ABYC) is a non-profit organization whose members have been developing and updating the safety standards for boat building and repair for more than 50 years. ABYC supports International Organization for Standardization (ISO) efforts and is a leader in basic education for the marine industry as well as in providing certification programs for marine technicians to improve quality and professionalism in the boating industry. ABYC's members include boat builders, boat owners, surveyors, boat yards, insurance companies, law firms, trade associations, marinas, dealerships, government agencies, educational institutions and equipment and accessory manufacturers. Volunteers donate time, expertise and labor while serving on technical committees which develop and revise ABYC standards and technical information reports.
Recently, ABYC has announced the formation of a new project technical committee called the Product Interface Committee. This committee is charged with examining the relationship and interactions between a boat as a whole, its on-board sub-systems, its operator and occupants, and its operating environment. Based upon the outcomes of its research efforts, the committee will determine if existing standards require updating or if entirely new standards are required to mitigate risks and the potential for injury or death. Areas of inquiry that the committee will pursue include engine cut off devices, falls overboard, propeller injuries, perception response times, and design of the operator's station. ATA Associates applauds the formation of the Product Interface Committee and looks forward to concrete actions by the committee to improve boating safety.
ATA was established in 1974 as an engineering consulting firm when its founder was asked to evaluate a boating accident in which a boat operator lost control of a stick-steering equipped boat, was ejected overboard and was ultimately struck and injured by the boat's propeller. The nature of the boat/operator interface in that accident, the dynamic behavior of that interface and the engineering shortcomings embodied in its design were all studied by ATA in that very early project. Now ABYC, through this new committee, has a means to begin to formally consider and address precisely those same kinds of topics and issues.
For over 30 years, ATA has been involved in the evaluation of scores of boating accidents where man-machine interface issues have contributed to the injuries or deaths of boat operators, occupants and passers-by. Over the years, ATA has focused considerable engineering expertise on understanding and quantifying the dynamic behavior of boats in various accident scenarios. While ATA has largely been successful in bringing to light a number of deficiencies in boat design, safety labeling and operator training, ATA welcomes the prospect of sincere actions by ABYC's new committee making significant new contributions to boating safety.
ATA Plans 3rd of “The Road Series”
Driver Training ProgramsATA Associates is planning a third program in our highly successful “Road Series” truck driver training programs. “The Road Series 3 - Level 1 Vehicle Inspections,” is slated for completion and delivery this fall. The program will cover the CVSA (Commercial Vehicle Safety Alliance) requirements for a complete Level 1 vehicle inspection and will give truck drivers an idea of the items inspectors will look for when inspecting their vehicles.
The response by the trucking industry to “The Road Series” programs has been tremendous,” said Robert J. Swint, ATA 's founder and CEO. “Truck companies nationwide have reviewed the programs and given us positive feedback. We believe this third program will also be a valuable training tool for the trucking industry.”
The first two programs - “The Road Series - A Simple Safety Session” and “The Road Series 2 ...After the Accident” are currently available through ATA Associates at no charge to the trucking industry.
To obtain DVD copies of either or both of the Road Series programs or to pre-order the third in the series, contact ATA at (281) 480-9847, via e-mail at ata@ataassociates.com or visit the website at www.ataassociates.com.
Volvo and Mack Truck Data
by April YerginNot all Volvo and Macks have incident data. Starting with Mack engines around 1999-2000, some data is available. Engines with ECU's of 2002 and newer are likely to have more potential crash data. “Potential” because like the Detroit Diesel engines, it is possible to overwrite incident data just by driving off in the truck after the accident. And, like the other manufacturers, if the threshold for writing an incident report was not met, no report will be available.
The publicly available software currently will overwrite any incident reports and other important information. Module data stores are zeroed out upon extraction thereby possibly preventing the use of the ECU as evidence in the event of litigation.
For now, in order to preserve incident data, one must send both the EECU and the VECU boxes to Scott Kinkson, Reliability Engineer for Mack Trucks, Inc. Scott can download using Mack proprietary software without erasing the data. The cost for his service starts around $2,000. Expect the process to take several months.
Even with the proprietary software that Scott has, fault tables cannot be saved electronically and must be printed in a hard copy format while the ECU is still attached to the vehicle. If your case involves an issue of mechanical or electrical failure, you will want to know what fault codes may have been present.
It looks like in the future, software may become available that allows local reconstructionists to “read only” the data, thereby keeping it intact. We look forward to getting that software in order to better serve our clients. For cases in which overwriting the ECU is not going to be an issue, we are capable of providing expert assistance now.
Lives in the Balance
by Ken Kreuger
Ultimately accident reconstruction is about much more than engineering analysis. Many of the cases referred to ATA evoke strong emotions. Most recently, the case of a Pasadena, Texas school bus driver charged with manslaughter in the accidental death of a bike rider, had the entire company riveted. While mourning for the loss of such a young life, ATA also strongly believed in the driver's innocence.
Hired by Houston defense attorneys Robert Fickman and Stanley Schneider, ATA was pleased to provide the needed engineering support to defend the driver. On the day of the accident, ATA was called to the scene to take measurements and photographs that proved crucial to the defense. The involved bus was also taken to the company's technology facility for blind spot studies.
Expert witness testimony was provided by ATA CEO Robert Swint and demonstrative evidence exhibits for the case were created by ATA . Among the exhibits were interactive DVDs, which included media coverage, site videos, photographs, video still frames and computer generated graphic site re-creations, as well as animated sequences showing critical bus and bicycle motions. Evidence presentation books and mounted photographic enlargements of important defense contentions complimented the DVD presentations.
After the trial, Mr. Fickman and Mr. Schneider stated that the findings presented by Robert Swint and ATA contributed significantly to the acquittal of the defendant.
On The Road
7/29-8/1 American Trucking Association Forum for Motor Carrier General Counsel on Highway Accident
Litigation, Dana Point, FL (Robert Swint)
8/25 Clear Creek Education Foundation Fashion Show, Lakewood Yacht Club, Video Sponsor, League City, TX
9/5-9/10 National Association of State Boating Law Administrators, Burlington, VT (Robert Swint)
9/27-9/28 Texas Bar CLE: Prosecuting or Defending a Trucking or Auto Accident Case, San Antonio, TX (Robert Swint Presenting)
10/4-10/5 Texas Criminal Defense Lawyers Association 5th Annual Forensics Conference, San Antonio, TX (Robert Swint Presenting)
10/20-10/23 ATA Management Conference, Orlando, FL (Robert Swint)
11/4-11/7 National Highway-Rail Grade Crossing Safety Training Conference, San Antonio, TX (Robert Swint Presenting)
