Deadly biker crash in New Hampshire prompts motor-vehicle chief in Massachusetts to resign
S E E D E D C O N T E N T
The head of the Massachusetts motor vehicle division resigned from her reported six-figure-salary gig Tuesday after her agency failed to terminate the commercial driving license of a man accused of colliding with a group of motorcyclists on a rural New Hampshire road last week, leaving seven bikers dead .
The Massachusetts Registry of Motor Vehicle’s Erin Deveney offered her resignation just hours after the alleged driver involved in the horrific crash pleaded not guilty to seven counts of negligent homicide in the Friday motorcycle tragedy in Randolph, N.H., the Boston Herald reported.
Erin Deveney, head of the motor vehicle division in Massachusetts, speaks to reporters April 29, 2014, when she was interim head of the Massachusetts Department of Children and Families. (Associated Press)
Deveney's agency had failed to act on information received in May from the Connecticut Department of Motor Vehicles about a drunken driving arrest involving the 23-year-old suspect, Volodymyr Zhukovskyy, Massachusetts Department of Transportation Secretary and CEO Stephanie Pollack said in a statement.
Pollack said the previous arrest should have cost Zhukovskyy his commercial driving license. As a result, she accepted the resignation of Deveney, whose salary was reportedly $143,800 a year, according to the Herald .
Court documents allege Zhukovskyy, a Ukranian national with permanent residence status in the U.S., was driving erratically and crossed the center line around 6:30 p.m. Friday on Highway 2, a two-lane roadway that passes through the small town just north of Mount Washington. His Dodge pickup truck was towing a flatbed trailer when it plowed into the bikers. All of the victims were members or supporters of the Marine JarHeads, a New England motorcycle club that includes Marines and their spouses. Those killed ranged in age from 42 to 62.
New Hampshire State Police said a 2016 Dodge 2500 pickup truck collided with the riders on U.S. 2 Friday evening. The cause of the deadly collision is not yet known. The pickup truck was on fire when emergency crews arrived.
Manny Ribeiro, who survived the crash, said Deveney’s resignation was just one indication that the crash could have been prevented. But Ribeiro said it also felt "like someone was running around from the problem."
"We just get to quit and walk away and that's it," Ribeiro told the Associated Press. "Story over. See you later until the next time it happens and then the next person steps down. This is what happens every single time."
The horrific crash in New Hampshire killed seven people, including a married couple.
Former Massachusetts Department of Transportation Chief Operating Officer Jamey Tesler will assume the role of acting registrar in order to conduct an in-depth review of the registry’s state-to-state data sharing system to “ensure the RMV acts as quickly as possible on any information shared by other states,” Pollack told the Herald.
Zhukovskyy was previously arrested May 11 in a Walmart parking lot in East Windsor, Conn., after allegedly failing a sobriety test. His license was not revoked after that arrest, but in 2013 his license was taken away for 210 days and he was placed on probation following a drunken driving charge in Westfield, Mass.
Police in Texas told several media outlets that Zhukovskyy also crashed a tractor-trailer in suburban Houston earlier this month. Zhukovskyy told police that he had been cut off, causing him to lose control of the truck. He was not charged.
Fox News’ Greg Norman, Sam Chamberlain and The Associated Press contributed to this report.
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So Deveney, who was paid over $143,000 a year, gets to resign and just walk away? How about all the other instances when this menace was allowed to keep his license?
So... It's the head of the dmv's job to revoke a driver's license? Shouldn't that be the job of a judge?
In Massachusetts, a driver’s license may be revoked for:
That's not an answer to StevieGee's question.
Perhaps you would like to answer it?
You did not answer the question.
Who does the actual revoking? The Governor? The head of DMV?
Some clerk and a supervisor?
What is the process?
Was it reviewed?
Can it be appealed?
Are lawyers necessary ? ( trick question , cue the shark jokes )
It was directed to you. Why can't/won't you? BTW, you linked to a MA site, not NH which might have very different laws and rules (yay, federalism!!!).
I saw some drivers just yesterday that I would like to revoke their licenses. Can I do that? Maybe if I get a job at the dmv.
The question as was stated contains a false implication, right?
"So... It's the head of the dmv's job to revoke a driver's license?"
Steevie is implying that I said it's the "head of the dmv's" to revoke a driver's licence. Show me where I said that.
Just for your information:
When a license is revoked it comes with a letter signed by (guess who!) the head of the DMV!
SG implied nothing of the sort. It was a simple, straightforward question that you seem desperately trying to address. You put this article up. Don't you have some responsibility to know something about the circumstances or was this just a trolling exercise?
https://www.dmv.org/ma-massachusetts/suspended-license.php
Ok let me explain it to you. If MA DMV did their job, the NH tragedy probably wouldn't have happened. If the Texas DMV had done their job, maybe the MA incidents wouldn't have happened. If permissive attitudes weren't the flavor of the day the nation would be much safer.
CDL Suspensions in Massachusetts
If you have a commercial driver's license (CDL), your license can be suspended whether you commit an offense while driving a CMV (commercial motor vehicle) or your personal vehicle.
All states exchange information about CDL drivers, so violations, suspensions, and other details of your driving history will follow you from state to state. Also, violations committed outside of Massachusetts will be reported to the RMV.
For more information about CDL suspensions, please see our section on MA Commercial Drivers.
From this site:
https://www.dmv.org/ma-massachusetts
It really seems straightforward
Oh please Vic, You give me too much credit. I'm really not that deep.
I know the feeling. Get their plate numbers, file a complaint. Keep calm, avoid road rage.
I give you credit for standing up for what you believe, but you believe in a very innocent way. These politicians say anything to win.
No, you got the point.
Your first comment indicates that you think Deveney deserves more punishment.
Why?
If there's something wrong with the system, get it fixed.
Apparently, the only time the driver was punished was when he committed a DUI in his home state.
Incidents in NH, TX and Conn weren't treated the same.
Why?
It sounds like there are no reciprocity laws or DMV sharing between the involved states?
That would be a matter for the Mass Legislatures would it not? Not the head of DMV.
And TX, NH and NH correct?
How many Mass Legislators do you want to see punished?
Again, how about the Governor or Lt Governor as a sacrificial gesture as well?
If dereliction of duty was the point, it was poorly made.
Your first comment indicates that you think Deveney deserves more punishment.
Why?
Because either the MA DMV wasn't acting on info from other states or was negligent in carrying out it's duties.
If there's something wrong with the system, get it fixed.
No, that's not good enough when American citizens have lost their lives. That could have been your family out there. We all use the roads. Ms Deveney can shove her diploma up her ass. She failed! Her resignation is not enough.
It sounds like there are no reciprocity laws or DMV sharing between the involved states?
Not so...I once had a RI license and MA DMV knew immediately.
How many Mass Legislators do you want to see punished?
Every fuckin' one of em, but that's another story for another day!
From the article:
Deveney's agency had failed to act on information received in May from the Connecticut Department of Motor Vehicles about a drunken driving arrest involving the 23-year-old suspect, Volodymyr Zhukovskyy, Massachusetts Department of Transportation Secretary and CEO Stephanie Pollack said in a statement.
Also:
https://www.overdriveonline.com/cdl-holders-no-longer-have-to-report-out-of-state...
So we are talking about a maximum of possibly 7 weeks between the incident in May and today?
And Dveney's agency didn't act quickly enough?
Was he already arraigned in NH? Convicted?
If MA had suspended his license ( again ) would it have prevented this tragedy?
Ever watch channel 1132, live PD?
These habitual offenders don't give a damn if they have a license or not. Especially the substance abusers.
Bullshit, just more hair on fire misplaced outrage.
The incident in MA in 2013 was handled properly. Deveney was the Chief of Staff for the Registrar at that time.
The incident in TX was an accident. period, full stop, he was not arrested for DUI. TX DOT had nothing more to do than report it to MA.
The incident in Conn was last month, May. For all we know he doesn't even have a court date yet in Conn.
This driver, had he lost his CDL, would still be driving his POV with or without a regular license.
Is that always your bottom line? Permissive attitudes?
SMH...
You Bet!
A judge in MA certainly can revoke, and so can the DMV.
I suspect for commercial license revocations, it would usually come from the DMV, as they have the info submitted to them from other states. As far as I know, no judge gets reports from other states' DMV's, unless for some reason (like a defendant being in his court on some charge) he would request such info.
Actually 45 states are members of the DLC and all infractions are SUPPOSED to be shared.
This would indicate that there are issues in MASS DMV well below the level of the Registrar of Motor Vehicles.
And the person on top getting the $143,000 is supposed to address those issues. The buck stops with her.
No, the buck apparently stops with the head of MassDOT,
Should she not resign also?
Commercial license holders are also regulated by the federal government.
Crashes between commercial motor vehicles and passenger cars are substantially different from “ordinary” crashes. A commercial motor vehicle’s mass and lack of mobility can create a serious road hazard sufficient to warrant federal oversight and intervention.
The purpose of the federal regulations is to help reduce or prevent truck and bus accidents, fatalities, and injuries by requiring drivers to have a single commercial motor vehicle driver’s license and by disqualifying drivers who operate commercial motor vehicles in an unsafe manner.
Commercial Driver’s License Standards; Requirements and Penalties (49 C.F.R. Part 383)
American Association of Motor Vehicle Administrators Commercial Driver Licensing
Commercial License Guide
Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (49 U.S.C. §313111 (a))
State Compliance with Commercial Driver’s License Program (49 C.F.R. Part 384)
And: See 3.1.17 link
Nope. I'm afraid this one belongs to the Registrar. You don't like seeing agency officials held accountable, do you? I wonder why that is?
I happen to believe in punishment for all of them from Lois Lerner to Erin Deveney
Apparently his accident in Houston was just that, an accident.
Not unbelievable if you have ever driven down 45 or 10 or went around Houston using 610.
One thing is almost certain. If alcohol had been involved in the Houston incident this guy would have been arrested that day and lost his CDL.
Yes, as I stated in 5.2.6.
He should have lost his license when Connecticut reported to MA that he had been arrested for DUI.
MA failed to suspend his license, which is why I think she resigned, as her agency was responsible to suspend it.
Since I do not see MA listed as a signatory to the DLC, it would be up to the state legislature to answer why they are not , and to rectify their missing from the list. The registrar will only do what state law allows them and funds.
The DLC is just a compact between states, and is not mandatory for any state to join.
The feds regulate commercial drivers, and that is mandatory for states.
Exactly.
So which Federal Registrar should resign?
The DLC is just a compact between states, and is not mandatory for any state to join.
very true , it is voluntary for states if they wish to sign the compact, but one can see how a non signatory can let reports slide if they so choose to if a report came from a signatory state, all signing would do is say the state would honor the other states judgment .
The feds regulate commercial drivers, and that is mandatory for states.
To a certain degree yes, there are always exemptions , like you have to be 21 to get a CDL , lots of states allow someone to get one at 18 as long as they don't cross state lines. another exemption is log books , every CDL driver needs to keep a logbook , unless they work within a certain circumference of where they start their day of driving and they end their day in the same place, another exemption is the use of electronic logs , if the truck is old enough , it doesn't have to comply with those regs and a paper log is good enough, and if they do not travel on roads no CDL required at all , that's one of the AG exemptions hell they don't even have an age restriction with that one , and they can cross highways to get from field to field .
This kid is 23 , don't know if the pick up and flatbed he was hauling were registered as comm, could be the company he worked for looked at what his past history was and put him in a little truck until the other matters were cleared up, could be it was his own private vehicle and trailer and they were not comm vehicles , just he held a CDL, there is quite a bit of information missing , but its safe to say this guy wont be driving for a while , and likely will never hold a CDL again in his life.
He had a commercial license, and MA was informed of the Connecticut offense and did nothing.
Whether he was driving his own private vehicle or not, he was still using a commercial license and was subject to all that entails, both at the federal level and at a state level.
MA failed to follow its own protocols, and federal protocols as well.
As stated many times throughout this seed and these comments, just when last month ( MAY ) was he arrested in Conn?
Just exactly when did Conn notify MA?
Was he arraigned? Did the CONN magistrate or judge demand his CDL license the day he was arrested?
Does he have court date and a lawyer in Conn?
Did he choose to fight it or take some courses to make the case go away?
If his license was suspended, would he actually stop driving his POV and presumably not have caused this tragedy?
Too many questions for all the outrage against the Registrar IMHO.
May 11.
May 29.
Just the arrest for DUI should have triggered the suspension of his license when reported to MA. Doesn't matter about much else in that paragraph.
I don't know, but suspect not. I blame the guy driving, but won't overlook the responsibilities of MA authorities.
I haven't expressed any outrage against her.
Makes me wonder if it was being waited on to see if there was a court conviction then , the Conn DUI happened in may , is it done going through their courts ? was there a conviction? or a plea deal? a continuance?
back when I got my CDL the CDL and driving lic were considered separate and it depended on what you were driving when the violation happened , I could lose the CDL portion and keep the driving priviliges , it hasn't been that way now for quite some time .
You may think I am disagreeing with you and I am not , I see it as a case of hindsight always being 20/20 after the fact, he should have lost his lic until it was determined and a conviction occurred because of the CDL , but that didn't happen. as it usually doesn't .
Seems that crack plays a part in his substance abuse and "accident" history:
Just the arrest is enough to trigger the suspension. If you beat it in court, then you can get your license back.
true enough, I see this as a case of 20/20 hindsight , its never wrong , in practice , things are never always that clear, now whether the issuing state will suspend over an accusation , is another matter.
I think that when you get a CDL nowadays, you are automatically agreeing to take tests to determine sobriety, and failure to do will result in suspension automatically. Some states do the same for regular drivers holding regular licenses--suspend for failure to take test--even if you somehow manage to beat it in court.
that's the way it is here , and I don't disagree with that one bit. driving anything is a privilege , priviliges come with conditions.
from more up to date accounts on MSNBC
Who at Conn DMV should resign next?
Well, THAT certainly makes this statement unusual and rather weird:
Deveney's agency had failed to act on information received in May from the Connecticut Department of Motor Vehicles about a drunken driving arrest involving the 23-year-old suspect, Volodymyr Zhukovskyy, Massachusetts Department of Transportation Secretary and CEO Stephanie Pollack said in a statement.
Pollack said the previous arrest should have cost Zhukovskyy his commercial driving license. As a result, she accepted the resignation of Deveney, whose salary was reportedly $143,800 a year, according to the Herald.
Gee, I wonder why a state official would admit that the agency did something wrong when they didn't?
Good to know. I look forward to you demanding the heads of ICE, HHS and any of the other pertinent agencies for their massive incompetence for the way border crossers have been held, particularly children and including at least 6 deaths of those children under their "care."
I wonder what the relationship was between Pollack and Deveney?
They are both lawyers.....
Why the knee jerk reaction?
Maybe Pollack gets her information from TV and not through slow inter state channels?
and maybe the first story published about something just isn't always that accurate...
and maybe Pollack has something higher than CEO of MassDOT in mind, like a run for Governor or Senator?
Who knows.
Yo may have to settle for Comey, Brennan, Clapper and McCabe - all former Agency heads!
I see there's a definite preference for only those who are not of your political liking. So much for even-handedness that you claim to "try" for. Might either want to "try" harder or lose that claim.
Default?
Sorry, but they happen to be the criminals who leaked & lied and spied.
It can be either or both. The DMV can - and should - suspend or revoke a license under certain circumstances, but a judge can do it, too, if there is a court case. The two actions will be independent of each other, so even if the suspended driver satisfies the DMV and they are prepared to reinstate him, the judge may still order the license suspended for his/her own reasons.
Exactly. In my state, there is a weird disconnect between the DMV and the courts as well. The DMV can suspend a license while the court issues a PBJ and doesn't suspend the license, or vice versa (I may be getting it wrong but that's the gist of it).
I know two people who thought they were legally allowed to drive because they had a valid license per the DMV ... but they weren't because of the court. I'm guessing in both cases they (or their lawyers) should have done their due diligence, but it is confusing that the departments don't work together.
I've seen that, too. What often happens is DMV suspends the license immediately for a period of 4 months based on BAC. Then right about the time this suspension is up, you have a trial, which can take several months to get around to. Then the driver is found guilty and the judge suspends the driver's license for 6 months as a term of probation. So the license ends up being suspended for 10 months.
Unless, apparently, you're a commercial driver in Massachusetts, in which case, they just say "ah, screw it!"
Ironically, even though as a matter of public policy, we say we are more concerned about commercial drivers, the enforcement authorities often look the other way or cut these guys a break because they know that penalizing them in any way could potentially cost them their jobs. They don't want to be the person that gets a guy fired.
I think its a little more complicated than that , and that has not been my experience , usually when the dot guys come out wearing their coveralls with a creeper for an inspection , there will be a fine .
something I think goes through the DOT peoples minds is that those semis pay a pretty hefty fuel tax and they only get those taxes based on the miles driven in state , not just at the pumps . so their DOT funding depends on the drivers driving in that state, at least from semis. that's not saying those fines don't help either.
I have been hearing for 20+ years that there is a professional driver shortage , look at some of the sign on bonuses some companies offer for experienced drivers ,with the right endorsements.
thing is experienced drivers are not cheap, and cheap drivers are usually not experienced, and right now experienced drivers can pick and choose the jobs they want . personally even after holding a CDL for 25+ years , driving over the road , construction and agriculture, I choose to not drive across state lines , or out of state. I would rather be home every night in my own REAL bed. Talk to a driver that's got 15, 20, 25 years , and they will likely say that a lot of the younger drivers are nothing more than steering wheel holders and likely wont be around driving in 5 to 10 years .
Apparently this official feels responsible for her agency's failure. If only more public officials at all levels of government had the same integrity maybe we'd see less corruption, malfeasance and plain old incompetence.
Lol! This was a dereliction of duty. In no way should that POS had a drivers license!
So, you know for certain that the head of the department is the one who failed to act and this didn't happen at a lower level. The article indicates only that the agency failed to take action. It seems unlikely that the head of the DMV is personally checking each case of license cancellation.
As Harry Truman used to say "the buck stops here!"
If only you applied that standard to everybody, vic (if is the "key word" there)
I always try
Thanks for the laugh, vic.
I guess it was a big day for everybody. Steevie finally got his answer, Ms Deveney resigned, the people who cared about the victims checked in and you had your laugh!
So, it's the Governor's fault?
Or are you aiming higher than that?
Perhaps the US Senators from MA?
Or higher than that, like another President?
They don't run DMV. Somebody was supposed to be doing that, wasn't she?
So why did she choose to resign if she did absolutely nothing wrong and wasn't responsible for people under her?
She may have not even been aware of it - it could have been a lower level employee who received the notification and didn't handle it properly. However, in agencies, it's customary for something like this to happen, where the higher-up takes responsibility. Part of being at such a high level is that you sometimes get credit for things you had nothing to do with, and also are the scapegoat sometimes for things you had nothing to do with. I remember at a past job, a very high level official got fired when something happened which she had repeatedly warned everyone about, and wasn't given funding or permission to resolve - but it was still her fault officially when the shit hit the fan.
I'm sure some lower-level employees got the axe or at least a reprimand as well, but those don't generally make the news.
Of course....he's going to end up blaming Obama before he locks this discussion down--which is his MO whenever it gets uncomfortable.
There's a long tradition (not Republican, though---never Republican) of heads of departments at all levels of government for taking responsibility for errors made by their departments even though they personally did not commit the error. But, of course, I fully understand why that type of integrity would be unfamiliar to a Republican.
But not from you, I note.
From a much nicer man than I.
ICE must be too busy abusing children and woman at the southern border to bother with real criminal elements in the country.
ICE stands for Immigration and Customs Enforcement and is therefore OFF TOPIC!
Then so should Fish's comment (#2 above). If you delete mine, his must go as well.
The key word is "IF"....I haven't deleted anybody!
That's why I used it.
I know.
can a permanent US resident be deported for traffic offenses?
Certain misdemeanors (including any drug offense and any offense related to domestic violence) do, however, make a lawful permanent resident removable. Traffic offenses other than leaving the scene of an accident, driving without insurance, and driving while suspended will generally not lead to removability.
Can a green card holder be deported for a misdemeanor ...
www.quora.com/Can-a-green-card-holder-be-deported-for-a-misdemeanor-traffic-violation
That was an important question. One that you answered.
Maybe Ms Deveney should read it on her way out?
This was a bit more than a "traffic offense" wasn't it? And BF seems to think so (see comment #2) and don't you always believe everything BF says?
Yes, it certainly was.
WTF does that have to do with ICE deporting him BEFORE the tragedy?
Instead of sniping at BF through posts to me, why not man up and address him directly if you have a fucking problem with him?
Previous offenses in CT and TX.
How is merely pointing out how he brought up ICE first "sniping at him" and why do you get so agitated at the slightest thing? Have you overdone that SMMFH thing for too long?
Connecticut reported the offense to MA.
Tx was an accident, according to the driver and police.
Kind of interesting that you are advocating for legal residents to be deported for traffic offenses and DWI's but don't mind sanctuary states like California harboring criminal illegal aliens convicted of violent crimes.
I just don't understand people with such screwed-up priorities.
Take your petty little beef with BF up with him.
Leave me out of your childish bitching.
Generally, no. It usually needs to be a crime of violence or a "crime of moral turpitude." A simple DUI won't do it.
You have this thing about putting your words in other people's mouths. Who said anything about deportation for "traffic offenses and DWI's[sic]"? And why are you still stuck on "traffic offenses and DWI's[sic] anyway. This article has nothing to do with "traffic offenses and DWI's[sic].
You seem to understand almost nothing.
You always seem to hit 11 on the rage scale for the least little thing.
There is another level of reporting that it looks like it failed as well that is rather concerning , CDL drivers also fall under federal level DOT regulations and reporting , and many of the states state level policing are also to report to them when a cdl driver is in violation and most fall under their states DOT not just the MVD. It looks like this is a driver that regularly crossed state lines as a driver irregardless of where his lic was issued .
And another little nice to know thing , those that hold a CDL are held to different standards , most people without CDLs are not charged with DUI unless they blow an .08 unless they do something real stupid , CDL drivers that limit is lowered to a .02 no matter what vehilcle they drive. and I am not saying that's a bad thing .
Connecticut reported the DUI to MA but MA failed to suspend his license, which is why I believe the official resigned.
your likely right , but that also hinges on if the guy was convicted of the DUI in Conn., until convicted it is simply an accusation, 35 yrs ago I got a rolling stop ticket in conn. on a Ma lic . never paid the ticket and never went back through conn. Mass blew it off . this was before I had a CDL and was a young yonker.