With all of the hubbub concerning the bus accident last week with the bus returning from the Connecticut casino to New York City, and much of it deserved, there are some glaring factual errors in Sen. Schumer’s presentation on all of the news outlets.

First, Schumer frequently misuses transportation terms because he does not know this area of the law and has no one to assist him, whether it is writing a speech, or crafting legislation to remedy the situation.

A tour bus describes a bus which operates charters and special operations, not on a regular basis and not between fixed termini.  The “Chinatown buses”, as they are called, provide regular route service on a fixed schedule between NYC and Philadelphia, Baltimore, Washington and Boston, for the most part.  They are regular route operators.  The same may be said for the transportation service provided to the casino hotels, if it is regular enough in its operations.

Each bus, regardless of the nature of its operations, is issued interstate operating authority by the Federal Motor Carrier Safety Administration (FMCSA)/US Department of Transportation (USDOT) and is inspected twice annually by the State Department of Transportation in the State in which the company is located.  Commercial Drivers’ Licenses are issued by the State Motor Vehicle Commission in the State in which the driver lives.  That State MVC sets the requirements for same.

It is fine to target certain types of buses, but if the truth be known, the City buses and the non-Asian buses would be found to have the same equipment defects which arise, not necessarily from faulty maintenance, but from excessive use.  In NJ, the State MVC/DOT targets the Hispanic minibuses, and ignores the State-owned NJ Transit.

In the past I have offered Transportation Law assistance to legislators, including, Sen. Menendez, who have chosen to do without my assistance.

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

I am a lawyer in Northern NJ who represents bus and limousine companies with regard to any and all transportation law  issues that they may have.  This is not a common specialty in the legal field and is rarely found in law firms.  Most attorneys/lawyers that you will find listed by doing an internet search using the term “Transportation” or “Transportation Law” handle personal injury cases arising from motor vehicle accidents or represent trucking companies or shippers who have to sue trucking companies for damaged or lost goods.

Our law firm’s practice is primarily transportation law which includes regulatory work before State and Federal Agencies, Municipal and Criminal Court appearances in NY and NJ for traffic violations for bus and limousine drivers, litigation in State Courts to recover for property damage for buses and limo’s (called subrogation law), appearances before the Atlantic City Casino Control Commission for bus companies that are “vendors” to the casino industry, giving of testimony before governing bodies on behalf of groups of bus companies or State Bus Associations, and handling of tax related issues for bus companies before the NY and NJ Tax Agencies.

We have Bar Admissions in 3 states (NY, NJ and MD) and can handle Federal matters for transportation companies in other States applying to the Federal Motor Carrier Safety Administration and US DOT for new or expanded operating authority, reactivating inactive authority, name and ownership changes and any other related issue.  A transportation lawyer can handle issues that a faceless person on the internet cannot, so when you need a transportation lawyer, please call us.

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

The DAK Group has announced the successful completion of the strategic sale of Kevah Konner, Inc., a provider of school bus transportation services, to Student Transportation of America, Inc.  The DAK Group served as exclusive investment banker and financial advisor to Kevah Konner, Inc., based in Pine Brook, New Jersey. The second-generation family business was founded in 1935 and serves public and private school districts across northern New Jersey.  Student Transportation, Inc., based in Wall, New Jersey, is the third-largest provider of school bus services in North America. Kevah Konner, Inc. is one of the school bus companies that I represent in NJ and sought my assistance in identifying prospective purchasers for the company.  I assisted with the regulatory and compliance aspects of the sale.  If you have a school bus, coach or tour company, we have the resources to assist you with a purchase, sale or merger.

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

Do you need an attorney for your bus company, or your limousine company, to file Applications for Authority 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

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

In New Jersey, we have a great many minibus or jitney van operators who operate a fleet of vehicles, some of which are owned by the company, and some of which are owned by independent owner operators.  The owner operators lease their buses to the company which maintains the operating certificates or bus routes, usually issued by the FMCSA, and the liability insurance. 

The owner operator pays a flat fee per day or week to operate, usually in the area of $135-$185/day.  The owner operator selects the route that he wishes to operate from among several authorized to the company, and sets his own hours, depending on how ambitious or hungry he is.  The owner operator keeps all passenger revenues, pays the tolls and parking fees, and his own fuel costs.

Here’s the catch. The State Regulatory Agency (in NJ, it is the NJ MVC, formerly the NJ DOT) has Regulations on what must be included in the Lease Agreement.  The Lease must have a fixed term, a beginning and an end, and it requires the owner operator to turn in his plates along with a Release from the company when he chooses to leave the company and this lease arrangement.  Some company operators are not as honest as you might think, and they draft Lease Agreements that do not allow the owner operator to terminate and voluntarily withdraw from the company.  This violates State law and may require the intervention of an attorney and the Courts, unless the State Agency chooses to monitor the arrangement as set forth in its own Regulations.

I am an attorney who has considerable experience in this area and can assist the owner operators who have become the unwitting pawns of the company owners.

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

Municipalities from time to time try to exert control over transportation operations conducted within or through their boundaries.  Unfortunately, they can only regulate taxi’s and limousines.  Buses are regulated by State and Federal agencies who issue approval for bus routes or charter operations.  Municipalities can regulate the location of bus stops only, and can regulate traffic over city streets, if reasonably required for safety, i.e. through residential areas.

States can regulate safety, through roadside and semi-annual inspections, and insurance, although Federal insurance requirements are substantially higher than State mandated limits.

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

The NJ State Legislature has proposed legislation that will require any bus company providing commuter bus service to provide all communities served with 45 days notice of the “intention” to file a Petition with the NJMVC to discontinue service. Present Regulations simply require the communities to be served with a copy of the “filed” Petition, giving 30 days notice of the request to discontinue service. Basically, the proposed legislation gives each community a minimum of 75 days notice, with a better opportunity to mobilize opposition, or possibly to negotiate a reduced level of service with the bus company. While the added notice period may be considered a hindrance to a proposed discontinuance, in actuality the NJMVC is not particularly receptive to any discontinuance of commuter service and does not usually act on the Petitions within the standard 30 day period. [Note: This Article was recently published by me in the GNJMA NEWSGRAM]

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