[Service Date September 29, 2015]

BEFORE THE WASHINGTON
UTILITIES AND TRANSPORTATION COMMISSION

WASHINGTON UTILITIES AND
TRANSPORTATION COMMISSION,
Complainant,
v.
RIDE THE DUCKS OF SEATTLE, L.L.C.
d/b/a SEATTLE DUCK TOURS,
Respondent.
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DOCKET TE-151906

COMPLAINT FOR VIOLATIONS
OF VEHICLE SAFETY RULES

The Washington Utilities and Transportation Commission (Commission) on its own
motion, and through its Staff, alleges as follows:
I.

BACKGROUND

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This complaint concerns violations of Commission rules governing the operations of
passenger transportation companies.

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Commission staff (Staff) alleges that Ride the Ducks of Seattle, LLC d/b/a Seattle Duck
Tours (Ride the Ducks of Seattle or Company) violated various sections of the Code of
Federal Regulations, Title 49, and WAC 480-30-221 by operating at least one of its
vehicles, Duck 6, in an unsafe manner causing at least five deaths and dozens of injuries
in a single incident that occurred on September 24, 2015.

4

While the cause of the accident has not been identified, any number of factors may have
contributed to it, including the Company’s maintenance of its vehicles, driver safety, or
other operational issues. Until Staff conducts a comprehensive investigation of the
Company’s safety practices, the scope of potential safety issues cannot be established.

5

One area of concern is related to information the Commission received from the National
Transportation Safety Board (NTSB). In 2013, Ride the Ducks International discovered a
potentially dangerous failure point in the axle housing of its tour vehicles, including some
of those vehicles used by Ride the Ducks of Seattle. According to a statement issued by
the NTSB to the Seattle Times, the vehicle involved in the September 24 accident was

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not repaired.1 Through its investigation, Staff will determine whether the Company
received the service bulletin issued by Ride the Ducks International advising it of issues
with the axle housing, and what steps the Company took, if any, to remedy the defect in
its vehicles.
6

On September 28, 2015, the Commission held an emergency hearing and issued a Notice
of Emergency Adjudication and Order Suspending Certificate, and Notice of Hearing set
for October 1, 2015, at 9:30 a.m.

7

Because of the unsafe operations that resulted in a fatal collision, the potential for
continuing safety violations, and Staff’s overall lack of confidence in the Company’s
operations at this juncture, Staff requests the Commission continue to suspend the
Company’s Certificate No. ES-00146 pending investigation and inspection of Ride the
Ducks of Seattle’s entire fleet of vehicles and drivers, and take appropriate action based
on Staff’s findings.
II.

PARTIES

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The Washington Utilities and Transportation Commission is an agency of the state of
Washington, authorized by state law to regulate the rates, services, facilities, and
practices of public service companies, including passenger charter carriers, under the
provisions of Title 81 RCW.

9

Ride the Ducks of Seattle is a passenger charter carrier subject to regulation by the
Commission pursuant to RCW 80.01.040(2), and RCW 81.70.
III.

10

The Commission has jurisdiction over the subject matter pursuant to the provisions of
chapters 81.01 RCW, 80.01 RCW, 81.04 RCW, and 81.70 RCW, chapter 480-30 WAC,
chapter 480-07 WAC, and chapter 34.05 RCW.
IV.

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JURISDICTION

APPLICABLE LAW AND REGULATION

The Commission issues certificates to passenger charter carriers under RCW 81.70.230
and WAC 480-30-121.

“5th crash victim dies; NTSB says Duck did not receive recommended safety fix,” Seattle
Times, September 27, 2015, http://www.seattletimes.com/seattle-news/transportation/5th-crashvictim-dies-ntsb-says-duck-did-not-receive-recommended-safety-fix/, accessed on September 28,
2015.
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12

Under RCW 81.70.250, the Commission may cancel, revoke, or suspend any certificate
issued under this chapter on grounds of a violation of any provision of RCW 81.70 or of a
Commission regulation established under this chapter.

13

Pursuant to WAC 480-30-221, passenger charter carriers under the Commission’s
jurisdiction must comply with parts of Title 49 CFR listed in the Commission rule.
V.

CAUSE OF ACTION - Violation of WAC 480-30-221

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The Commission, through its Staff, re-alleges the allegations contained in paragraphs 2
through 11 above.

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The Commission further alleges that Ride the Ducks of Seattle violated WAC 480-30221 by violating Title 49 CFR.
VI.

REQUEST FOR RELIEF

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Staff requests that the Commission suspend Certificate No.ES-00146 pending Staff’s
investigation and inspection of Ride the Ducks of Seattle’s entire fleet of vehicles and
drivers.

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Staff further requests that following the investigation, the Commission take appropriate
action based on Staff’s findings.
VIII. PROBABLE CAUSE

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Based on Staff’s presentation regarding the fatal accident and the Company’s operations
at the emergency hearing held on September 28, 2015, and consistent with RCW
80.01.060, the Commission finds probable cause exists to issue this Complaint.
DATED at Olympia, Washington, and effective September 29, 2015.
WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION

RAYNE PEARSON
Administrative Law Judge

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Inquiries may be addressed to:
Executive Director and Secretary
Washington Utilities and
Transportation Commission
Richard Hemstad Building
1300 S. Evergreen Park Drive S.W.
P. O. Box 47250
Olympia, WA 98504-7250
(360) 664-1160

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