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New Corps rules target unsafe driving

JACKSONVILLE, N.C. — More Marines have died on the nation’s highways in fiscal 2008 than on foreign battlefields. So, get ready for the crackdown.

The Corps is launching tough new private motor vehicle and motorcycle safety rules that:

*Hold leaders more accountable.

*Temporarily give non-commissioned officers the authority to disapprove leave and liberty.

*Could lead to courts-martial for traffic violations.

Commandant Gen. James Conway released an all-Marine message April 25 emphasizing mandatory seatbelt use and instructing any Marine planning to buy a motorcycle to “consult with their leadership in advance.”

Any Marine who gets seriously injured by not following these rules could end up losing entitlement to pay and allowances, or even disability retirement, Marine officials said.

The Corps’ top leaders are relying on these no-nonsense rules to reduce the number of vehicle fatalities.

Since Oct. 1, 2007, two dozen Marines have been killed in wrecks, including eight motorcycle fatalities, according to AlMar 014/08.

“These numbers are staggering and completely unacceptable.”

Why now?

The Corps has been addressing ways to try and reduce motor vehicle accidents for years.

The number of deaths due to four-wheel and two-wheel wrecks has fluctuated since fiscal 2002, from 61 down to 51 in fiscal 2003. The rate held steady in 2004 and 2005, with 42 Marines killed each year in vehicle wrecks.

That number jumped dramatically in 2006, up to 58 deaths. Last fiscal year, 54 Marines were killed in wrecks, including 19 involved in motorcycle accidents.

To put it one way, the Corps has lost 177 Marines, “the equivalent strength of a reinforced rifle company,” in private motor vehicle and motorcycle wrecks since Oct. 1, 2005, Conway wrote.

Many of these wrecks were a direct result of the Marines’ negligence — loss of control, excessive speed, alcohol and driver fatigue, according to a rewritten II MEF driving order released April 29.

Investigators are still trying to figure out what caused a bizarre afternoon wreck April 25 involving a Camp Lejeune-based Marine.

As of May 2, charges were still pending against Pvt. Earl W. Zuspann, 20, a member of Combat Logistics Battalion 26, 26th Marine Expeditionary Unit, said Trooper J.D. Kirk of the North Carolina State Highway Patrol. Zuspann was driving his 2006 Chevrolet full-size pickup in the outer westbound lane on U.S. 258 near Jacksonville when he switched lanes in the five-lane highway to pass two cars.

Zuspann crossed the center turning lane, struck a motorcycle and a pickup pulling a utility trailer, then hit a taxi cab head-on, Kirk said. The driver of the cab died at the hospital from her injuries.

Zuspann was transported to Camp Lejeune Naval Hospital and later air-lifted to a regional medical center in Wilmington, N.C., about 50 miles south of the base. Zuspann suffered a broken arm and other injuries and was in the care of friends when he was released from the hospital later that same evening.

It wasn’t until speaking to the trooper two days later that Zuspann learned someone had been fatally injured, said 1st Lt. Timothy Patrick, a 26th MEU spokesman.

“We’ve ruled out alcohol,” Kirk said. “Basically, what we’re really looking for is the intent. We want to know whether this was an intentional act.”

Kirk said he met with Zuspann on April 30 and that the private refused to answer his questions, saying he had obtained a lawyer. Zuspann was traveling an estimated 60 mph in a 55 mph zone and he was wearing his seatbelt, Kirk said.

At a minimum, Zuspann could be charged with involuntary manslaughter, he said.

Zuspann is on light duty and remains at his barracks, Patrick said. The private has not deployed to Iraq or Afghanistan, he said.

The new plan

Cutting back the number of highway deaths — specifically, motorcycle fatalities — within the Corps has been a front-and-center discussion among leaders for some time. Last year, 19 Marines died in motorcycle wrecks — the most in the history of the Corps.

Marines who own motorcycles already are required to register them on their prospective bases, wear the proper protective gear and take a rider’s safety course, all of which is outlined in a Marine Corps Order. But some Marines have found ways to get around the order, storing their motorcycles off base and hiding ownership from their command.

The Corps has identified a trend “among young riders, particularly sports-bike riders” refusing to comply with the rules, according to the message.

That’s certainly true of Marines who’ve been involved motorcycle accidents in II Marine Expeditionary Force based at Camp Lejeune, N.C., officials there said.

“What we saw in our debriefings of all of our serious accidents ... is that there were trends in motorcycle mishaps, in particular, that were different than the conventional wisdom,” said Lt. Gen. Keith Stalder, II MEF commanding general, in a May 1 office interview.

“Some of the conventional wisdom at the time — and, truthfully, still is — is that Marines coming home from [Operation Iraqi Freedom] are the principal folks who have serious vehicle and motorcycle accidents,” Stalder said. “They’re alcohol related. They’re not wearing their protective gear. What we found through those debriefings was that wasn’t true at all.

“Generally, the Marines who have been in mishaps are Marines who have never been deployed in combat.”

And, he said, they were not generally found to be under the influence of alcohol. Instead, many of those Marines never attended the required safety training programs.

Under the new rules, a Marine intending to purchase a motorcycle must inform his commanders before making the buy. Those leaders cannot forbid the purchase, but commands can intervene if a Marine is unwilling to follow the rules, said Pete Hill, safety engineer for Safety Division at Marine Corps headquarters, in an e-mail response to questions about the changes.

One example, he said, would be for leaders who know a Marine has failed the basic riders course or can’t get a motorcycle endorsement, but continues to ride.

“There are some people who simply should not ride motorcycles,” Hill said. “The controls — licensing and training — identify who they are.”

Every state requires motorcycle riders to get a motorcycle endorsement, obtained by training or passing a written test and road skills test. But one problem the Corps faces is that some motorcycle dealers allow customers to purchase motorcycles without an endorsement, Hill said.

Now, commanders will make sure Marines who own or plan to buy a motorcycle have a valid driver’s license with a motorcycle endorsement and have taken, or are scheduled to take, the basic riders course. Commands must verify this information with the provost marshal’s office.

And, leaders “shall encourage” Marines who take the basic riders course at installations where motorcycles are provided to complete the program before buying their own bikes. Commands must also inform the Marine of the Corps’ personal protective equipment requirements.

While the AlMar is directed at commanders, leaders at all levels are expected to be involved in the process, Hill said.

“Many times, what we hear after a motorcycle death is, ‘No surprise; Saw that coming; I’ve seen how that kid rides; He failed BRC, why is he still riding?’” Hill wrote. “Such comments reveal a breakdown in leadership, in that Marines who recognized the rider was at risk failed to intervene.”

“Even the most junior NCO knows not to tolerate irresponsible or reckless behavior in a fire team,” Hill said. “That same standard needs to transfer into how the same NCO responds to irresponsible or reckless behavior in a car or on a motorcycle.”

The same holds true for seatbelt violators. In 2003, the Corps laid out seatbelt penalties that included stripping Marines of their on-base driving privileges if caught not wearing a seatbelt on base. Marines are required to wear seatbelts both on and off installations.

Marines who violate the orders may now be brought up on charges under the Uniform Code of Military Justice — normally, motor vehicle charges go to a base traffic court — and those involved in a wreck who don’t buckle up and get a ticket would also face the UCMJ, Hill said.

“The AlMar is presenting a position that the failure to wear a seatbelt or PPE, in light of a MCO that says to do so, should be viewed as a matter of willful negligence,” he said.

Corps officials also say Marines who inappropriately store motorcycles for their buddies off-base — in an effort to dodge the rules for registration, or to keep the bike a secret — could also be charged under the UCMJ.

Trial run

Under a separate plan, corporals and sergeants are now authorized to disapprove leave or liberty requests for their Marines, based on motor vehicle risk management guidelines.

An April 21 white letter from Conway to commanding generals, commanding officers and officers in charge announced an experimental program where NCOs “assume full charge of our vehicle safety programs.”

Through Oct. 1, NCOs will conduct risk assessments and give the thumbs up or down to junior Marines’ leave or liberty requests. Corporals and sergeants are also in charge of offering a remediation program for Marines’ whose liberty requests have been denied.

“Remediation techniques such as prescribed vehicle maintenance, buddy system, law enforcement ride-alongs, and emergency room visitation are viable methods to educate Marines,” the letter states. “After successful completion of the assigned remediation, the granting authority may approve the leave request.”

How far this program extends after Oct. 1 depends on the results. Commands must turn over the results of their programs Nov. 1, but Conway was anticipating good results.

“I am optimistic our reliance on our NCOs will help reduce the carnage caused by vehicle accidents.”