DRIVING SAFETY

When a tragedy, like the recent highway accident that killed a 40-year-old Scarborough woman, happens it is only natural to want to prevent a repeat occurrence. A state review of motor vehicle laws and trucking regulations, which the governor has requested, is welcome. How-ever, state laws are useless if they are not followed.

The disturbing truth is that the man driving the truck that killed Tina Turcotte was driving with a suspended license, a revoked truck registration and a warrant for his arrest. The state, it appears, was not able to make Scott Hewitt follow the law.

On July 29, Mr. Hewitt was driving an empty tractor trailer truck from Portland to his home in Caribou when he entered a construction zone on Interstate 95 in Hallowell where traffic merged into one lane. His rig slammed into Ms. Turcotte’s car, forcing it into the back of another truck. She was trapped in her car for more than an hour and died of her injuries on Sunday.

According to Bureau of Motor Vehicle records, Mr. Hewitt had 49 motor vehicle convictions and his license had been suspended 19 times. He was also involved in a fatal accident in 1994. Mr. Hewitt, who had driven trucks for at least a decade, formed his own company in October, possibly because he could not haul for another company due to his driving record. The Federal Motor Carrier Safety Administration gave him temporary permission to operate in November, but when he failed to submit to a safety audit, it revoked his authority to haul cargo in May.

The state then gave Mr. Hewitt the required three weeks to respond. When he did not, his right to operate a commercial vehicle was suspended and the Bureau of Motor Vehicles issued an order to take back his license plates. The BMV said an inspector had gone to his house at least twice to get the plates, but neither Mr. Hewitt nor his truck was there.

More troubling, Mr. Hewitt was stopped in New York hours before the accident. He was cited for having damaged tail and brake lights, which he said he fixed before heading to Maine. New York officials say computer checks did not reveal that Mr. Hewitt’s license was suspended or that there was a warrant out for his arrest. Maine officials said such information should have turned up.

It is natural to want to keep drivers like Mr. Hewitt off the road. Two Republican lawmakers have already introduced a bill, which so far only has a name: An Act to Improve Safety on Maine Highways. The question is how.

Some have suggested steeper fines and jail time. Under current law, the only way a driver can have his license permanently taken away is if he is convicted of manslaughter while driving drunk. Even then, he can ask to get his license back in 10 years. This law could be toughened.

More numerous and random checks of commercial trucks on Maine roads may also help as would more oversight of trucking companies, especially

one-man operations.

The toughest laws are meaningless, however, if a driver like Mr. Hewitt doesn’t follow them.