Need an attorney for your bus company, or your limousine company, to file Applications with the Federal Motor Carrier Safety Administration (FMCSA) , the MS-150 with the US Department of Transportation (USDOT), Petitions and Applications with the New Jersey Motor Vehicle Commission (NJ MVC) and New York State Department of Transportation (NYS DOT), assist with Leases for the Port Authority, apply for Bus Stops in New York City, and generally to consult with you on any legal problem affecting your business?  Look no further.  Our Law Firm is able to assist you and we are licensed in both NJ and NY.  Contact me at the website address below.

Jerry A. Casser, Esq. (Fairfield, NJ Transportation Attorney) www.jcasser.com

How many bus and limousine companies in NJ have accident claims, for their own damage, and simply lose out on the opportunity to recover these damages?  The greatest deterrent is the fear of increased insurance premiums for the entire fleet.  The second greatest deterrent is the cost of legal services.

Our law firm specializes in property damage recovery for buses and limousines.  We do a thorough investigation when we are presented with the accident report.  We arrange for the damage appraisals.  We submit the claims to the responsible party’s insurance company, and if necessary, we file suit to recover.  Our success rate is in the high 90% range.  We charge our fees on a contingent basis, and we collect, which means protecting your premium rate and adding to your bottom line.

Jerry A. Casser, Esq. (Fairfield, NJ Transportation Attorney) www.jcasser.com

During the past week the Press has reported on Gov. Chritie’s proposals for revamping the Atlantic City Casino District which involves simplifying and consolidating multiple functions that affect the casino industry.  One of the byproducts of this may be its effect on the casino bus industry.

As the casino business has tumbled during the economic downturn, the bus companies that have brought thousands of people each day to AC, have similarly suffered a downturn and have either reduced their service to Atlantic City, or redirected their business to the new Pennsylvania casinos, the Connecticut casinos, and Delaware and NY slot markets.

I had testified before a Commission created by the Governor and chaired by the Lt. Governor presenting the issues which affect the NJ bus companies who deal with Atlantic City.  The bus industry needs a strong Atlantic City Casino market in order to generate passengers for their service, and I attempted to point out to the Commission the need to assist the bus companies with regard to tax issues, bus routing within AC, signage, offsite bus inspections, and generally to make Atlantic City more consumer and bus friendly.

The casino’s benefit from the bus service and the bus companies benefit from an attractive destination to offer to their patrons.  It’s a Catch-22 situation, and maybe my comments did not fall on entirely deaf ears.

Jerry A. Casser, Esq. (Fairfield, NJ Transportation Attorney) www.jcasser.com

I have written a series of posts on this issue and had thought that the FMCSA had worked the kinks out of the system.  Not so.  The people working in the Vetting Office appear to be in their first jobs and have no clue about bus operations.  The most common response that I get is to “wait for a letter”, or that “the Application has been approved subject to posting in the Register”, except the letter does not get sent and the posting does not occur.

I’m at a loss to explain to clients the reasons for the delays.  We have had several Applications dismissed for failure to respond to the unreceived letters and have had to pay $300 for reinstatement.

This is still a work in prgress.

Jerry A. Casser, Esq. (Fairfield, NJ Transportation Attorney) www.jcasser.com

The U.S. Department of Transportation (DOT) plans to propose rulemaking early next year to require seat belts on motorcoaches.

The DOT has released its Motorcoach Safety Action Plan, which lays out concrete steps for improving motorcoach safety issues such as driver fatigue and inattention, vehicle rollover, occupant ejections and oversight of unsafe carriers.

The comprehensive action plan proposes enhanced regulatory oversight of new and high risk motorcoach operators, as well as the increased use of new technologies. To address driver distraction, it proposes to initiate rulemaking to prohibit texting and limit the use of cell phones and other devices by motorcoach drivers.

It also discusses requiring electronic on-board recording devices on all motorcoaches to better monitor drivers’ duty hours to address fatigue, and enhanced oversight of unsafe carriers.

In addition, the action plan proposes to better protect motorcoach occupants by requiring the installation of seat belts and discusses additional measures such as the establishment of performance requirements for enhanced roof strength, fire safety and emergency egress. It also calls for safety improvements using technologies such as electronic stability control to prevent rollovers.

(Note: This was not sent by text message while driving.)

Jerry A. Casser, Esq. (Fairfield, NJ Transportation Attorney) www.jcasser.com

On Wednesday, the Federal Motor Carrier Safety Administration (FMCSA) began enforcing its New Entrant Safety Assurance Process Rule, which requires newly registered bus companies to meet stricter safety requirements.

This final rule raises the compliance standards for passing new entrant safety audits and requires that new carriers correct safety deficiencies before being granted permanent registration.

Under the new requirements, a newly registered bus company will automatically fail its safety audit if violations of any one of 16 essential Federal Regulations are discovered. These Regulations cover controlled substances and alcohol testing, hours-of-service rules, driver qualifications, vehicle condition and carrier insurance responsibility.

Failure to pass a new entrant safety audit may result in revocation of a bus company’s registration, unless that company takes corrective action within a time period established by the FMCSA.  Additionally, if certain violations are discovered during roadside inspections, the new bus company may be subject to an expedited safety audit or a compliance review that can result in fines or an out-of-service order.

A number of my clients who are new bus companies are receiving letters from the FMCSA advising that they have not responded to audit inquiries.  I am advising every new bus company to be on the look out for the letters, or the telephone calls received, seeking to conduct the audit, and not to ignore them, if they wish to continue in business.

 Jerry A. Casser, Esq. (Fairfield, NJ Transportation Attorney) www.jcasser.com

Most cities, at least where I am located in New Jersey, establish bus stops for the State owned carrier, NJ Transit, and any private bus company can stop to pick up/discharge passengers.

In NYC, bus stops are issued by the NYC DOT Bus Stop Management, and a sign is placed at the location listing the bus companies that can pick up/discharge there.  The whole process is very political, so some companies get their stops and others do not.  Read into that whatever you wish.

My own experience, since bus company clients come to me to get them stops in NYC as part of my bus transportation practice, is that if I ask for 8 stops, I get 4; if I ask for 4, I get 2; if I ask for 2, I get 1.  Moreover, I can wait months, or even a couple of years to get approval.

Why get a bus stop?  To avoid heavy fines for illegal pick ups.  Anyway, the process is not an easy one, but at least I have the experience of dealing with the bureaucrats who approve the issuance of the stops.

Jerry A. Casser, Esq. (Fairfield, NJ Transportation Attorney) www.jcasser.com

Straight from the FMCSA:

“To ensure that noncompliant carriers are not attempting to evade detection by creating new motor carriers, the Agency has implemented a vetting process for new passenger carrier operating authority applicants. This process compares available applicant information to existing carrier information. FMCSA’s algorithm identifies common characteristics such as names, addresses, phone numbers, e-mail addresses, vehicles, drivers, and insurance policy information. If similarities are detected, FMCSA investigates further.

The application is vetted by FMCSA and with the appropriate State agency. If an affiliation with a carrier with an unsafe record is detected through this vetting process, the applicant is required to provide additional documentation. FMCSA will deny authority to any unsafe carrier attempting to reestablish itself as a new carrier. ”

Jerry A. Casser, Esq. (Fairfield, NJ Transportation Attorney) www.jcasser.com

On a recent post I noted that the FMCSA had apparently streamlined the vetting process for new entrants in the bus industry, so that the actual waiting time for the issuance of a Certificate of Public Convenience and Necessity was down to 2 months from 6 months (compared to the 23 days prior to August 2008).

Well, a gentleman came into my office today.  He had filed his own Application in late January.  He filed online, as I do, and he had some difficulty answering the Non-Affiliated Questions.  This happens to be a problem with the online program/form.  Anyway, he received a call and was asked to complete a paper copy of the Question and fax it in.  He answered “No” for Affiliations with other FMCSA carriers.

This gentleman then received a call from an FMCSA representative who asked him if he had anything to do with another carrier.  He answered that he drove a bus for another company.  He then was asked to write this on a paper copy of the Question, which he did and faxed it in.

Net result.  It’s August.  His Application has been pending since January.  No end in sight.  He was an employee, not an owner, which is what the Question on the Application is trying to find out.  He was told that the Application was on so and so’s desk and would eventually be acted upon.  Poor guy.  I’ll try to help him out.

Jerry A. Casser, Esq.  (Fairfield, NJ  Transportation Attorney) www.jcasser.com

Because of the way that Google, Yahoo and BING do their searching, I find it necessary to use a myriad of terms to explain what I do and who I can help.

I represent bus companies in New Jersey (NJ) and New York (NY) and practice before the New Jersey Department of Transportation (NJDOT, NJ DOT), the New York State Department of Transportation (NYSDOT, NYS DOT), the Federal Motor Carrier Safety Administration (FMCSA), the US Department of Transportation (USDOT, US DOT), and the former Interstate Commerce Commission (ICC).

My main practice is regulatory law for buses, which includes motorcoaches, minibuses, jitneys, vans, limousines and school buses, but I also do subrogation or property damage recovery for these vehicles in NJ and NY.  We represent bus companies who service the Atlantic City casino industry and also have many Spanish speaking bus clients.  

Most people consider our law firm to be bus experts, which means we are knowledgeable in this area based upon years of experience and the volume of work that we do. You can refer to us as attorneys or lawyers.

If you ever have a question regarding bus or transportation law, please contact our law firm. Our website address follows. There is a link on it to contact us by email.

Jerry A. Casser, Esq. (Fairfield, NJ Transportation Attorney) www.jcasser.com