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In a report issued on December 23, 2011, the Federal Motor Carrier Safety Administration (F.M.C.S.A.), stated that Double Happyness Travel posed an “imminent hazard” to public safety. But, despite the federal government’s Jan. 6 order to halt operations until safety concerns were addressed, the company appears to have continued its long distance bus service linking Chinatown to other cities.
Bright pink buses publicizing the ‘Double Happyness’ website picked up passengers Monday outside a terminal near the intersection of East Broadway and Pike Street. A driver and a passenger confirmed that the Pennsylvania-based company was indeed operating the bus, which was bound for Albany. Just minutes before, staff inside the terminal said the company had shut down while other companies that use the terminal were operating as usual.
David Lee, a representative of the company, said in a phone interview that the company had ceased operations following the report, claiming it would not be “stupid” enough to flout the order. He added that since many drivers do not speak English, the F.M.C.S.A. had not been able to properly evaluate the company whose fleet he admitted was “pretty safe”.
“At this point the owner is just trying to rectify the problem,” said Lee.
The company must prove to the F.M.C.S.A. that it has adopted new policies aimed at addressing 21 violations of safety regulations recorded in the report in order to legally restart operations.
Alleged violations include failure to ensure that all drivers submit to drug testing before operating company buses and to refrain from working beyond a maximum amount of hours per day. Close to 50 falsified driver reports indicated the company neglected to ensure that drivers were properly overseeing maintenance of their vehicle, according to the report.
“Individually and cumulatively, these violations and these conditions of commercial motor vehicle operation substantially increase the likelihood of serious injury or death to Double Happyness Travel, Inc. drivers, passengers, and the motoring public,” the report read.
The F.M.C.S.A. issued the cease-and-desist order once it discovered that the company was still operating. Non-compliance with the order could result in legal action and fines of up to $16,000 per day and could even lead to criminal charges if violations are found to be willful, according to the report. “If Double Happyness continues to operate illegally, the company will face additional enforcement action”, according to the order.
Officials from the federal agency did not respond to requests for comment by press time.
Chinatown residents alleged their travels on Double Happyness buses, at least, were safe. However, accidents in the last year involving Chinatown buses from several companies have resulted in multiple fatalities. A recent crackdown by F.M.C.S.A. on curbside bus companies is only the latest effort by the state and federal governments to clamp down on unlawful businesses.
A bus bound for New York City in May crashed north of Richmond, Virginia, after the driver allegedly fell asleep. An accident last March in the Bronx killed 15 passengers that boarded a bus driven by a convicted criminal with an invalid driver’s license. Three days later, a bus headed from Chinatown to Philadelphia crashed on the New Jersey Turnpike, resulting in two deaths and dozens of injuries.
Nonetheless, several Chinatown residents said Double Happyness provides cheap transportation. A woman working at a food market near the terminal who only gave her last name, Chen, said she was unperturbed by the allegations that the company posed a danger to passengers.
“It does not matter,” she said in Mandarin.
