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

Here is an article that I wrote a while back that will provide an interesting perspective on my specialty as a transportation attorney specializing in the bus industry, primarily in NJ and NY.

http://www.jcasser.com/published-articles.htm

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

June 3, 2009… The Greater NJ Motorcoach Association announced its Board of Directors and Officers for 2009-2010 at its Annual Meeting at the Showboat Casino in Atlantic City.  Serving as President is Thomas Dugan, Safety Bus, Pennsauken, NJ; Vice President is Mark R. Waterhouse, Classic Tours, Lakewood, NJ; Treasurer is Joseph P. Fernandez, CPA, West Islip, NY; Secretary is Scott E. Henry, Martz Lines, Wilkes-Barre, PA.  Other Board members are David Benedict, David Tours & Travel, Philadelphia, PA; Tim Stout, Stout’s Charter Service, Trenton, NJ; Joshua Bennett, Capitol Bus Co., Harrisburg, PA; Mitchell Sussman, Starr Tours, Trenton, NJ; Nate Karp, Greyhound Lines, New York, NY; Wayne Klein, Klein’s Bus Service, Inc., Douglasville, PA; James Murphy, Saddle River Tours, Wallington, NJ; and Thomas JeBran, Trans-Bridge Lines, Bethlehem, PA.  Executive Director is Andrea C. Malamut, Cherry Hill, NJ and Legal Counsel is Jerry A. Casser, Esq., Fairfield, NJ.  

National Transportation Safety Board (NTSB) Chairman Mark V. Rosenker was the keynote speaker at the Annual Meeting of the Greater NJ Motorcoach Association (GNJMA) in Atlantic City on June 3rd. He urged New Jersey based motorcoach operators to take action when accidents occur and make safety improvements that will bring the industry closer to an accident free environment.

Chairman Rosenker focused on some of the most notable highway accidents in recent years and the safety recommendations that have resulted from the NTSB investigations.

Rosenker pointed out that tragedies like the collapse of the Boston “Big Dig” tunnel ceiling panel and the Minneapolis bridge not only attract huge amounts of media attention, but also shake Americans’ confidence in their nation’s roadways. “Our job at the NTSB is to restore the confidence of the traveling public after a major transportation disaster by conducting an unbiased, independent investigation to determine the cause of the accident and find solutions to prevent it from happening again.”

In his closing remarks, Rosenker called on the New Jersey motorcoach industry to “find a maintenance improvement, implement a new operational policy, provide better training, embrace a new technology, but take action and do something different.” Rosenker concluded by saying, “Therefore, my charge to you is, when accidents occur, which they inevitably will, take action, and do something to make your company a safer place for your passengers, your employees, your families, and your community.”

GNJMA is a regional organization of motorcoach operators for which I serve as General Counsel. We represent the interests of motorcoach operators in our Region and promote safe and cost efficient operations. For information on membership, please contact me.

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

This post relates to bus filings with the Federal Motor Carrier Safety Administration/USDOT (successor to the ICC).  Many hopeful bus operators do Google searches to find someone to do their filings for operating authority and what do they get?  A non-professional, operating out of his home office who knows nothing about bus operations, but knows how to buy key words from Google. What he also knows is how to charge a fee, complete a simple online Application for Authority, and then leave the hopeful operator with just the completed Application (also requires Agents for Service of Process, insurance, instructions for State inspections, instructions for filing under the UCR Program, etc.).

As an attorney and longtime bus transportation professional, I will guide you through the entire process, making sure that you have insurance before you file, designing the bus routes to fit your proposed operations, getting all of the authority that you really need at one time (regular route, contract and charter), selecting a Process Agent, assisting with the new vetting process, and assisting with the inspection process.

You can check out my website and see who I am, where I am located, my experience, and a list of some of my bus company clients.  Choose an attorney before you choose a fly by night that you pay by credit card and never hear from again.

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