In the Shadow of Tragedy: The Evolution of Safety Coregulation on America’s Uninspected Towing Vessels

Abstract

Disasters often prompt debates regarding public policy and lead to changes in safety regulations. With the deaths of 47 passengers and crew, the 1993 Sunset Limited tragedy focused public and governmental attention upon safety practices aboard uninspected towing vessels operated on US inland waterways. The event shaped the policy debate as the federal government imposed new safety regulations upon the towing industry and the dominant industry trade organization, the American Waterways Operators, adopted an industry-driven safety program. Subsequent tragedies revealed the inadequacies of the AWO’s Responsible Carrier Program and pushed industry stakeholders toward the creation of a formal US Coast Guard inspection regime for all uninspected towing vessels. Set within the context of steamboat safety regulations dating from 1838 and drawn from diverse primary sources, this article traces the evolution of safety coregulation aboard America’s uninspected towing vessels, explores the Coast Guard’s reluctance to establish a formal inspection regime for uninspected towing vessels, and highlights why self regulation without a form of strong government or third-party involvement is often unsuccessful.