No authority to transport riders

ALBANY, N.Y. _ The owner of the stretch SUV limo that crashed Saturday in Schoharie County killing 20 people lacked what is called "operating authority" from the state Department of Transportation, a certification granted only after a lengthy review of the company's finances, safety record and criminal history.

The operating authority certification typically takes six to 16 weeks and includes a 30-day period in which the public can "object to the applicant's fitness and ability."

The certification is required in addition to state safety inspections and motor vehicle registration.

Prestige Limousine, the owner of the 2001 Ford Excursion that was involved in the Schoharie tragedy, was cited during inspections in both March and September for lacking operating authority from the DOT, along with numerous safety violations, including defective brakes, inoperable emergency exits and a dangling hydraulic brake line.

After each inspection, Prestige was given 15 days to correct the problems. However, even if the company had made the needed repairs, Prestige still should not have been offering limo services to the public until it obtained its operating authority from the DOT.

"State Operating Authority violation. Vehicle requires NYSDOT Authority to operate for hire," the Sept. 4 DOT inspection report of the Excursion states.

Limo companies that begin operations before obtaining their operating authority certification from DOT can be fined $5,000.

DOT spokesman Joseph Morrissey declined to comment on the question of whether Prestige had applied for operating authority or had an application denied.

However, DOT has never granted Prestige or its officers permission or authority to operate in New York.

It is also unclear if the DOT ever notified the state Department of Motor Vehicles about the violations. Under state transportation law the DOT commissioner can notify the DMV that a company is operating its passenger vehicles without certification.

"Commissioner of motor vehicles shall thereupon suspend the registration or registrations of all motor vehicles owned or operated by such person," New York's transportation law states.

Between its March 21 and Sept. 4 roadside inspections, the Excursion was driven nearly 1,300 miles, during which time Prestige lacked operating authority certification. Prestige also owned two Lincoln Town Cars that would have also been illegally driven without operating authority from DOT.

The Excursion stretch limo also was not properly registered with the state as a bus as required because it had room for more than 10 passengers. That classification would have subjected the company to more stringent regulation, including inspections every six months that school buses and motor coaches must undergo.

The crash continues to be investigated by numerous agencies including the National Transportation Safety Board. The U.S. Department of Transportation's National Highway Traffic Safety Administration said it will also conduct a review.

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