Trooper said driver in serious Wayne bus crash had driven too many hours

MARCH 15, 2014

BY RICHARD COWEN

STAFF WRITER

THE RECORD

WAYNE — The driver of a Canadian bus that crashed on a Route 80 off-ramp in October 2012, injuring 23 people, had been on duty for more than 15 hours in the 24-hour period before the accident, a violation of federal safety regulations, a state trooper testified Friday.

Neville Larmont, the driver of a bus that crashed in October 2012, in court Friday, accused of violating federal safety regulations.

Trooper Danny Ross took the witness stand as the trial of driver Neville Larmont of Toronto began in Wayne Municipal Court. Ross, who investigated the Oct. 6, 2012, crash, testified that he obtained time sheets from two bus companies that Larmont had worked for in the 24-hour period leading up to the crash.

During pretrial motions, Ross testified the time sheets showed that Larmont violated federal regulations commonly known as "10-hour rule" and the "15-hour rule." The 10-hour rule prohibits a bus driver from driving for more than 10 consecutive hours, after which he must take an eight-hour break.
The 15-hour rule says a driver can be "on duty" no more than 15 hours in a 24-hour period. "On duty" is defined as both driving and doing any other task related to operating the bus ride, Ross said.
Ross submitted time sheets from two bus companies, Canada Cartage and AVM Max 2000 Charter Services Inc. with Larmont's name on both. Ross offered that Larmont had done a run for Canada Cartage on the morning of Oct. 5, the day before the crash. At 5:30 p.m. that day, Larmont got behind the wheel of an AVM Max 2000 bus in Toronto, bound for Brooklyn.
"He should have stopped [working] at 11:30 p.m. the night before he crashed," Ross said. "Instead he worked through the night." Ross testified that the bus crashed at 7:37 a.m., more than 12 hours after it had left Toronto.
The crash left 23 people injured, eight of them critically. Larmont was among those seriously hurt. He had been taken to the hospital and could not be interviewed, Ross testified.
Larmont is charged with violating federal transportation regulations and failure to maintain the proper lane, a motor vehicle violation. The case is being heard in Wayne Municipal Court.
Larmont's attorney, Albert P. Mollo, sought to suppress the time sheets as evidence during pretrial motions on Friday, arguing that some of the information on the time sheets, including signatures, could not be verified, which made them "hearsay."
"We don't know who wrote the documents," Mollo said.
But Raymond S. Vivino, the township prosecutor, countered that the federal Transportation Department requires bus companies to maintain time sheets to safeguard against overtired drivers. "Time sheets are no different than a statement and can be admitted as evidence," he said.
Judge Peter Weiss agreed. But as soon as the key issue was resolved, the trial ground to a halt. The state had planned to call another state trooper to the witness stand, but that person didn't show up and the case had to be adjourned.
Mollo argued that adjourning the case was a hardship for Larmont, who had traveled from Toronto. Weiss said Larmont, who is not expected to testify, does not have to return when the trial resumes. A date to continue the case was not immediately set.
Email: cowenr@northjersey.com
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