MEC&F Expert Engineers

Tuesday, June 28, 2016

2 killed on Route 51 in PA after speeding car hits jersey barrier and overturns


Victims identified in fatal Route 51 crash
Eric Hussey, Justin Busko ejected from vehicle when car collides with jersey barrier
UPDATED 11:46 AM EDT Jun 28, 2016


JEFFERSON HILLS, Pa. —A car crash on Route 51 north Monday morning killed two people. Route 51 was closed for hours Monday afternoon.
 
The crash was reported shortly after 7:15 a.m. near the Ridge Road exit ramps in Jefferson Hills.

Jefferson Hills police said responders found two occupants who had been ejected from the vehicle, which was lying on its side.

One occupant was pronounced dead at the scene.

The second victim was taken to Jefferson Regional Medical Center, where he was pronounced dead.

The Allegheny County medical examiner confirmed the victim as Eric Hussey, 19, of Elizabeth, and Justin Busko, 30, of Pleasant Hills.

Preliminary investigation found that the victims were traveling north at a high rate of speed when the driver lost control of the car.

Jefferson Hills and Allegheny County Police are conducting the investigation. Surveillance video in the area appears to show the car involved in the accident to be closely following another vehicle around that time immediately before the accident.



That video has not been released to the public. Investigators have not said if they are looking for another driver at this time.

The vehicle overturned after colliding with a curb and a jersey barrier.

A highway worker was struck and killed by a drunken driver at a MassDOT construction site on Interstate 93


TOO MANY DRUNKS IN MASSACHUSETTS

Highway worker struck, killed by alleged drunken driver
Man struck on Interstate 93 in Medford
UPDATED 12:21 PM EDT Jun 28, 2016

MEDFORD, Mass. —A highway worker was struck and killed by an alleged drunken driver early Tuesday while working at a MassDOT construction site on Interstate 93.

Thomas O'Day, 52, of East Bridgewater, was picking up traffic cones when he was struck at 2:45 a.m. near exit 33 by James Scoville, 31, of Chelmsford, police said.


O'Day was employed by HiWay Safety Systems, Inc., a firm with a MassDOT district-wide pavement marking contract.

Scoville was taken into custody and will be charged with motor vehicle homicide and operating under the influence, Massachusetts State Police said.

The crash happened as the crew was involved in pavement marking, installing the solid white edge line in the area between the on and off ramps, officials said.

All of us at Hi Way Safety Systems are saddened and shocked by the events early this morning that claimed the life of one employee and caused injury to another. We are working closely with the Massachusetts State Police and other authorities to help determine exactly what happened," the company said in a statement.

A second company worker, a 33-year-old Taunton man, was on the rear of a company truck that was struck. That worker sustained minor injuries.

“At the time of the crash, a work zone safety setup was in place, including safety cones, warning signs and two truck mounted attenuator trucks with arrow boards in the setup - one stationary at the beginning of the zone and one that was associated with placing/picking up cones,” officials said.

Scoville is scheduled to be arraigned in Somerville District Court.

On Monday, a MassDOT worker was hit near the Ted Williams Tunnel in Boston by an alleged drunken driver.

Dennis McNeil, was working a construction site on the Massachusetts Turnpike westbound side at 12:55 a.m. when he was struck, officials said.

Police said the driver, Carlos M. Gonzalez, 59, of Boston, fled the scene.A member of the Suffolk County Sheriff's Department arrested Gonzalez beyond the Congress Street ramp in the tunnel.

Several people injured when SUV crashes into Fayetteville Waffle House in North Carolina




An SUV crashed into a Waffle House on Gillespie Street in Fayetteville early Tuesday morning. (WTVD)





Updated 12 mins ago

FAYETTEVILLE, NC (WTVD) -- Clean up is underway at a Fayetteville Waffle House after a vehicle plowed into the busy restaurant, injuring several people early Tuesday morning.

Around 2 a.m., an SUV ended up inside the 24-hour eatery in the 2300 block of Gillespie Street.

Images from the scene showed broken tables and glass scattered in the dining area and the white SUV completely inside the building.

At least six people were injured - two employees, two customers, a man and the driver of the SUV, who was a woman. They were all taken to Cape Fear Valley Medical Center.



As of noon, one person was in the trauma unit, a couple were treated and released and others were still being examined.

The daughter of one of the injured employees, said her mother's elbow was hurt and she had cuts and bruises.

It is unclear what caused the driver to crash. Police have not released the identity of the SUV driver or said what charges the driver may face.

There is also no word yet on if the building can be repaired or needs to be torn down.

TOO MANY CONSTRUCTION ZONE CRASHES: 1 person killed in car, semi-truck crash on US 131 after car failed to slow down






(Photo: John Linsley, WZZM)








The crash happened just after 12:20 p.m. Tuesday, June 28.
Andrew Krietz , WZZM 1:20 PM. EDT June 28, 2016 



 BYRON TOWNSHIP, MICH. - One person was killed in a crash on northbound U.S. 131 near 100th Street.

Traffic was slowing down for a construction zone, and the driver of a car traveling behind a semi-truck was not able to stop or slow down in time, which resulted in the crash, said a Michigan State Police sergeant at the scene.

The incident happened around 12:20 p.m. Tuesday, June 28.

The right lane of northbound U.S. 131 near 100th Street remains blocked to traffic because of the crash.

This is a developing story. (© 2016 WZZM

Volkswagen to Spend Up to $14.7 Billion to Settle Allegations of Cheating Emissions Tests and Deceiving Customers on 2.0 Liter Diesel Vehicles


FOR IMMEDIATE RELEASE
Tuesday, June 28, 2016
Volkswagen to Spend Up to $14.7 Billion to Settle Allegations of Cheating Emissions Tests and Deceiving Customers on 2.0 Liter Diesel Vehicles


Settlements Require VW to Spend up to $10 Billion to Buyback, Terminate Leases, or Modify Affected 2.0 Liter Vehicles and Compensate Consumers, and Spend $4.7 Billion to Mitigate Pollution and Make Investments that Support Zero-Emission Vehicle Technology

In two related settlements, one with the United States and the State of California, and one with the U.S. Federal Trade Commission (FTC), German automaker Volkswagen AG and related entities have agreed to spend up to $14.7 billion to settle allegations of cheating emissions tests and deceiving customers. Volkswagen will offer consumers a buyback and lease termination for nearly 500,000 model year 2009-2015 2.0 liter diesel vehicles sold or leased in the U.S., and spend up to $10.03 billion to compensate consumers under the program. In addition, the companies will spend $4.7 billion to mitigate the pollution from these cars and invest in green vehicle technology.

The settlements partially resolve allegations by the Environmental Protection Agency (EPA), as well as the California Attorney General’s Office and the California Air Resources Board (CARB) under the Clean Air Act, California Health and Safety Code, and California’s Unfair Competition Laws, relating to the vehicles’ use of “defeat devices” to cheat emissions tests. The settlements also resolve claims by the FTC that Volkswagen violated the FTC Act through the deceptive and unfair advertising and sale of its “clean diesel” vehicles. The settlements do not resolve pending claims for civil penalties or any claims concerning 3.0 liter diesel vehicles. Nor do they address any potential criminal liability.

The affected vehicles include 2009 through 2015 Volkswagen TDI diesel models of Jettas, Passats, Golfs and Beetles as well as the TDI Audi A3.

“By duping the regulators, Volkswagen turned nearly half a million American drivers into unwitting accomplices in an unprecedented assault on our environment,” said Deputy Attorney General Sally Q. Yates. “This partial settlement marks a significant first step towards holding Volkswagen accountable for what was a breach of its legal duties and a breach of the public’s trust. And while this announcement is an important step forward, let me be clear, it is by no means the last. We will continue to follow the facts wherever they go.”

“Today’s settlement restores clean air protections that Volkswagen so blatantly violated,” said EPA Administrator Gina McCarthy. “And it secures billions of dollars in investments to make our air and our auto industry even cleaner for generations of Americans to come. This agreement shows that EPA is committed to upholding standards to protect public health, enforce the law, and to find innovative ways to protect clean air.”

“Today’s announcement shows the high cost of violating our consumer protection and environmental laws,” said FTC Chairwoman Edith Ramirez. “Just as importantly, consumers who were cheated by Volkswagen’s deceptive advertising campaign will be able to get full and fair compensation, not only for the lost or diminished value of their car but also for the other harms that VW caused them.”

According to the civil complaint against Volkswagen filed by the Justice Department on behalf of EPA on January 4, 2016, Volkswagen allegedly equipped its 2.0 liter diesel vehicles with illegal software that detects when the car is being tested for compliance with EPA or California emissions standards and turns on full emissions controls only during that testing process. During normal driving conditions, the software renders certain emission control systems inoperative, greatly increasing emissions. This is known as a “defeat device.” Use of the defeat device results in cars that meet emissions standards in the laboratory, but emit harmful NOx at levels up to 40 times EPA-compliant levels during normal on-road driving conditions. The Clean Air Act requires manufacturers to certify to EPA that vehicles will meet federal emission standards. Vehicles with defeat devices cannot be certified.

The FTC sued Volkswagen in March, charging that the company deceived consumers with the advertising campaign it used to promote its supposedly “clean diesel” VWs and Audis, which falsely claimed that the cars were low-emission, environmentally friendly, met emissions standards and would maintain a high resale value.

The settlements use the authorities of both the EPA and the FTC as part of a coordinated plan that gets the high-polluting VW diesels off the road, makes the environment whole, and compensates consumers.

The settlements require Volkswagen to offer owners of any affected vehicle the option to have the company buy back the car and to offer lessees a lease cancellation at no cost. Volkswagen may also propose an emissions modification plan to EPA and CARB, and if approved, may also offer owners and lessees the option of having their vehicles modified to substantially reduce emissions in lieu of a buyback. Under the U.S./California settlement, Volkswagen must achieve an overall recall rate of at least 85% of affected 2.0 liter vehicles under these programs or pay additional sums into the mitigation trust fund. The FTC order requires Volkswagen to compensate consumers who elect either of these options.

Volkswagen must set aside and could spend up to $10.03 billion to pay consumers in connection with the buy back, lease termination, and emissions modification compensation program. The program has different potential options and provisions for affected Volkswagen diesel owners depending on their circumstances:

Buyback option: Volkswagen must offer to buy back any affected 2.0 liter vehicle at their retail value as of September 2015 -- just prior to the public disclosure of the emissions issue. Consumers who choose the buyback option will receive between $12,500 and $44,000, depending on their car’s model, year, mileage, and trim of the car, as well as the region of the country where it was purchased. In addition, because a straight buyback will not fully compensate consumers who owe more than their car is worth due to rapid depreciation, the FTC order provides these consumers with an option to have their loans forgiven by Volkswagen. Consumers who have third party loans have the option of having Volkswagen pay off those loans, up to 130 percent of the amount a consumer would be entitled to under the buyback (e.g., if the consumer is entitled to a $20,000 buyback, VW would pay off his/her loans up to a cap of $26,000).

EPA-approved modification to vehicle emissions system: The settlements also allow Volkswagen to apply to EPA and CARB for approval of an emissions modification on the affected vehicles, and, if approved, to offer consumers the option of keeping their cars and having them modified to comply with emissions standards. Under this option in accordance with the FTC order, consumers would also receive money from Volkswagen to redress the harm caused by VW’s deceptive advertising.

Consumers who leased the affected cars will have the option of terminating their leases (with no termination fee) or having their vehicles modified if a modification becomes available. In either case, under the FTC order, these consumers also will receive additional compensation from Volkswagen for the harm caused by VW’s deceptive advertising. Consumers who sold their TDI vehicles after the VW defeat device issue became public may be eligible for partial compensation, which will be split between them and the consumers who purchased the cars from them as set forth in the FTC order.

Eligible consumers will receive notice from VW after the orders are entered by the court this fall. Consumers will be able to see if they are eligible for compensation and if so, what options are available to them, at VWCourtSettlement.com and AudiCourtSettlement.com. They will also be able to use these websites to make claims, sign up for appointments at their local Volkswagen or Audi dealers and receive updates. Consumer payments will not be available until the settlements take effect if and when approved by the court, which may be as early as October 2016.

Emissions Reduction Program: The settlement of the company’s Clean Air Act violations also requires Volkswagen to pay $2.7 billion to fund projects across the country that will reduce emissions of NOx where the 2.0 liter vehicles were, are or will be operated. Volkswagen will place the funds into a mitigation trust over three years, which will be administered by an independent trustee. Beneficiaries, which may include states, Puerto Rico, the District of Columbia, and Indian tribes, may obtain funds for designated NOx reduction projects upon application to the Trustee. Funding for the designated projects is expected to fully mitigate the NOx these 2.0 liter vehicles have and will emit in excess of EPA and California standards.

The emissions reduction program will help reduce NOx pollution that contributes to the formation of harmful smog and soot, exposure to which is linked to a number of respiratory- and cardiovascular-related health effects as well as premature death. Children, older adults, people who are active outdoors (including outdoor workers), and people with heart or lung disease are particularly at risk for health effects related to smog or soot exposure. NO2 formed by NOx emissions can aggravate respiratory diseases, particularly asthma, and may also contribute to asthma development in children.

Zero Emissions Technology Investments: The Clean Air Act settlement also requires VW to invest $2 billion toward improving infrastructure, access and education to support and advance zero emission vehicles. The investments will be made over 10 years, with $1.2 billion directed toward a national EPA-approved investment plan and $800 million directed toward a California-specific investment plan that will be approved by CARB. As part of developing the national plan, Volkswagen will solicit and consider input from interested states, cities, Indian tribes and federal agencies. This investment is intended to address the adverse environmental impacts from consumers’ purchases of the 2.0 liter vehicles, which the governments contend were purchased under the mistaken belief that they were lower emitting vehicles.

FTC’s Injunctive Relief: The FTC settlement includes injunctive provisions to protect consumers from deceptive claims in the future. These provisions prohibit Volkswagen from making any misrepresentations that would deceive consumers about the environmental benefits or value of its vehicles or services, and the order specifically bans VW from employing any device that could be used to cheat on emissions tests.

The provisions of the U.S./California settlement are contained in a proposed consent decree filed today in the U.S. District Court for the Northern District of California, as part of the ongoing multi-district litigation, and will be subject to public comment period of 30 days, which will be announced in the Federal Register in the coming days. The provisions of the FTC settlement are contained in a proposed Stipulated Final Federal Court Order filed today in the same court.

To view the consent decree, visit: www.justice.gov/enrd/consent-decrees

To view the FTC proposed order, visit: https://www.ftc.gov/enforcement/cases-proceedings/162-3006/volkswagen-group-america-inc.

Consumer Fact Sheet

VW Partial 2L CD and Appendices

VW Notice of Lodging