Van in Bathurst tragedy would have failed inspection: RCMP report

The aging 15-passenger van involved in an accident that killed seven high school basketball players and an elementary school teacher in northern New Brunswick wouldn't have passed a safety inspection, says an RCMP report released on Tuesday.

The collision reconstructionist's report saysthe van involved in the crash had worn tires,faulty brakes and a rusting body.

The seven Bathurst High School players and local teacher were killed Jan. 12 when their 15-seat 1997 Ford Econoline F350 Club Wagon struck a tractor-trailer on Highway 8 in winter conditions while returning to Bathurst after a night game in Moncton.

Eight of the 12people in the vandied.

"The mechanic who inspected the vehicle determined that the van would not have passed a motor vehicle inspection in its pre-collision state," said an RCMP news releaseregarding the report.

The van had passed an inspection on Oct. 29, butat the time of the accident, its front all-season tires were "worn and scalloped," and the rear all-season tires were worn.

The report, by reconstructionist Cpl. Annie Neilson, also says the van's front brakes were in new condition, but the rear brake hardware needed repair.

The right front wheel bearing was out of adjustment and the front end was out of alignment. The left rear self-adjuster brake cable was broken and the left rear brake adjustment was not working.

Thecondition of the van's bodywas described as poor, with rusted-out holes.

It was the holes in the bodywork, which could have resulted in carbon monoxide wafting into a stationary vehicle, that would have resulted in the van failing a safety inspection, said RCMP Insp. Roland Wells.

But the holes did notaffect the drivability of the vehicle, Wells said.

Many factors contributed to collision: police

"There is no one contributing factor," said Neilson. "There are many contributing factors in this collision."

"Each specific problem was not serious enough to have caused the collision, but taken together they certainly contributed," she said.

There is no suggestion of wrongdoing in the accident report.

The local school board and Department of Education said the van was owned by Bathurst Van Inc., a company operated by the school's principal, two vice-principals and a teacher. The van was only used by Bathurst High School.

A spokeswoman for the education department said it's not unusual in New Brunswick forincorporated bodies to own vehicles used for school activities as schools and school districts can't legally own vehicles under the Education Act.

However, the provincial government is now reviewing the practice.

The report will be used as an investigative tool as police continue to examine the accident, Wells said.

Police are expected to conclude their investigation by September, Wells said, and charges may still be pending.

Wells said police know the companythat performedthe October inspection of the vehicle, and that inspection is part of the investigation.

Officials with the Public Safety Department havesaid New Brunswick's registrar of motor vehicles will review the motor vehicle inspection system in light of the report's findings.

Other findings indicate there was light freezing rain at the time of the collision, and the roadway was covered in three centimetres of slush and very slippery.

Wells said police have told the families there is no way of knowing if a vehicle in better condition would have prevented the collision.

"No one here can tell you if had a brand-new van left that parking lot that the accident would not have occurred," he said.

Van was under speed limit: report

According to the report, the van was travelling at about 73 km/h when it went out of control and slammed into an oncoming transport truck travelling 72 km/h.

The speed limit on the road leading to Bathurst, a small city of about 31,000, is 100 km/h.

When the transport truck collided with the van's right side, three of the benches in the van were thrown from the vehicle.

Six of the eight killed were not wearing seatbelts, according to the report. A seventh was wearing a seatbelt, but improperly, and the eighth was strapped in properly but still died.

Another passenger was also not wearing a seatbelt but survived the crash.

It is the responsibility of the driver of the vehicle to ensure that anyone aged 16 or under is wearing their seatbelts, Wells said.

Four people involved in the crash survived, including basketball coach Wayne Lord, who was driving. Lord's wife, Beth, 51, was the only adult who died. She was a teacher at Terry Fox Elementary School in Bathurst.

Five of the teens who died Nathan Cleland, Justin Cormier, Daniel Hains, Javier Acevedo and Codey Branch were 17 years old. The other two students were Nick Quinn, 16, and Nicholas Kelly, 15.

RCMP said the families of the victims have already been informed about the report's findings.

One family of a victim declined to meet with police ahead of the report's release, said CBC News reporter Tanya Beja, because they did not yet feel ready to deal with the contents of the report.

The families were feeling emotional and anxious on Tuesday while waiting for the study to be released publicly, Beja said.

The families are still coping with the losses, Beja said, and are concerned the report's finding willcause them to relive the days following the crash.

Government examining RCMP report

An interdepartmental working group will review the RCMP report, provincial government officials said in a newsrelease.

The Bathurst accident prompted the New Brunswick government to pull all 15-passenger vans used to transport students to school off the road.

The working group has been waiting for the report before making recommendationson whether15-passenger vans should continue to be banned.

The group is examining transportation guidelines and will issue recommendations on how to minimize the risk of travel by students to extracurricular activities.

The final report of the working group should be released within the next few weeks, said Education Minister Kelly Lamrock.

"We will work quickly to respond to its recommendations before the start of the school year," the minister added.

Transportation Canada is also studying the crash.

In 2002, a study by the U.S. National Transportation Safety Board concluded that the stability of 15-passenger vans decreases when they arefully loaded.

The vanshave been banned for school use in several jurisdictions in Canada and the United States.