National Bus Trader
The Magazine of Bus Equipment for the United States and Canada Volume XLIV, No. 7
June, 2021
Serving the bus industry since 1977. Visit us at www.busmag.com.
• UMA Motorcoach Expo 2021 in Orlando • Taxing Driving by Mileage • Insurance Costs • A Legal Roadmap for Vaccinating Drivers • Notes on Going Backwards
Together for a safer and more sustainable future Irizar USA 100 Cassia Way Henderson NV, 89014 702 431 0707 www.irizarusa.com
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National Bus Trader The Magazine of Bus Equipment for the United States and Canada STAFF Editor & Publisher Larry Plachno
Business Manager Nancy Ann Plachno Typesetting/Page Layout Sherry Mekeel
Production/Design/Web Jake Ron Plaras
CONTRIBUTORS Safety and Liability Ned Einstein Dave Millhouser
N ATIONAL B US T RADER (ISSN 0194-939X) is published monthly by National Bus Trader, Inc., 9698 W. Judson Road, Polo, Illinois 61064-9015. Subscriptions, $30 (in US funds) annually, Canada & International $35 (in US funds). Printed in U.S.A. Periodicals postage paid in Polo, Illinois 61064 and at additional mailing offices. POSTMASTER: Send address changes to National Bus Trader, 9698 W. Judson Road, Polo, Illinois 61064-9015. Change of Address: Please send old mailing label (or old address and computer number) as well as new address. Advertising: Classified ad rate is $30 for first 25 words, 25¢ for each additional word. Rate includes Internet access. Name, address, and phone number are not included in word count. Display advertising rates sent on request. Advertising deadline is the fifteenth day of the 2nd preceding month unless otherwise indicated. Affiliations and Memberships: American Bus Association, The Bus History Association, Family Motor Coach Association, International Bus Collectors, North American Trackless Trolley Association, Motor Bus Society, Omnibus Society of America, Tourist Railway Association, United Motorcoach Association. N ATIONAL B US T RADER is THE Magazine of Bus Equipment for the United States and Canada. The contents of this publication may not be reproduced either in whole or in part without the written consent of the publisher. The name National Bus Trader, the logo incorporating the outline of the United States, and the pricing guide to used buses are trade marks of National Bus Trader, Inc.
Volume XLIV
National Bus Trader 9698 W. Judson Road Polo, Illinois 61064-9015 Phone: (815) 946-2341 Web site: www.busmag.com
Number 7
June, 2021
Features UMA Motorcoach Expo 2021 in Orlando (by Larry Plachno) . . . . . . . . . . . .16 This event was noteworthy for two important reasons. It not only marked the 50th anniversary of the organization, but it also took the lead in bringing the industry back to normal by scheduling the first show since the pandemic.
Commercial Auto Insurance Costs and Can You Control It? (by Andrea Vidmar) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 Andrea Vidmar, an expert in bus insurance, explains increasing bus insurance costs and what you can do to help manage them.
Taxing Driving by Mileage (by Larry Plachno) . . . . . . . . . . . . . . . . . . . . . . . .22 A progress report on the movement talking about replacing motor fuel tax with a system to tax drivers based on miles driven.
A Legal Roadmap for Vaccinating Ground Transportation Drivers (by Matthew W. Daus, Esq.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 Here are answers to several questions bus operators have asked about vaccinating their staff and the procedures involved.
Notes on Going Backwards (by Dave Millhouser) . . . . . . . . . . . . . . . . . . . . .30 Dave makes a point that going backwards in a bus may not be the easiest thing to do and then offers some suggestions on how to improve safety while doing it.
Cover Photo
Departments
The morning of Saturday, April 24 found this mixed group of buses lined up in front of the Orange County Convention Center. They were there for a new event called “Breakfast with the Buses,” as part of Expo 2021. See the article on page 16 for addi-
Equipment News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
tional information. UMA.
Bus Equipment People . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 Photographs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 Safety and Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Classifieds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Advertiser’s Index appears on page 38
National Bus Trader / June, 2021 • 3
Equipment News Irizar USA at UMA Irizar USA was very glad to participate in the United Motorcoach Association Motorcoach Expo 2021 that took place in Orlando, Florida. After a challenging year for the entire industry, it is observed that activities are beginning to pick up bringing new hopes and energy. With hopes that the worst of the situation is behind us, it is ready to support the market and the restart of customer activities. Along with this renewed enthusiasm, the team is elated to be participating in the first physical industrial event in the United States in hopes of creating cooperation and synergy to fit to the “new normal.” For a safer and sustainable future, Irizar has been committed to create and develop new and different solutions related to Covid19. The Eco 3 air purifier, a certified solution that eliminates viruses including the Sars-Cov2 virus and many other microorganisms, germs and allergens, has been a revelation in the industry with its 99.7 percent efficiency. Irizar also has other solutions such as the temperature sensor, seat divider, etc. that have provided a safer means to everyone to travel and was elated to be presenting this revolutionary technology in the Expo as well. Irizar’s USA’s team has been reinforced with two more additions – Kevin Keith and Patrick Laffan. With more than 26 years of
experience, Keith is based in Orlando, Florida and has wide and extensive knowledge of the industry in the Southeastern United States and will be serving this region and beyond. Similarly, Laffan has been in the industry for more than 18 years and has deep knowledge of the industry with both sales and technical aspects. He is based in Connecticut and will be serving the Northeastern market for Irizar.
encourage the activities in a safer environment. Irizar USA would also like to thank all the partners in the industry for their support and efforts in the past year; it is only with combined efforts that things can be turned around for all. The company believes in cooperative efforts and together, the challenges this pandemic has brought can be faced and was very excited to be with and support the industry again at the UMA Expo 2021.
Irizar USA has also reached agreements with several service centers throughout the country for continued support and service. Irizar USA ensures the commitment from the company to be by the side of their customers is honored and together, along with their existing team; the company is proud to offer their customers superlative aftersales service and is confident that with its stronger team and network, it will be able to provide their customers with unmatched customer service and support.
MCI Unverils Battery-Electric J4500 CHARGE™ NFI Group Inc. (NFI or the Company), a leading independent bus and coach manufacturer and a leader in electric mass mobility solutions, recently announced that its subsidiary Motor Coach Industries (MCI) has unveiled the new zero-emission, battery-electric J4500 CHARGE™ coach.
Irizar has continued to innovate and has been closer than ever to its clients, adapting to everyone’s new realities, stronger with the commitment of its people, who today more than ever have demonstrated the values that define the company and its mission. The team is ready to work together with all the operators in the industry to uplift and
Irizar USA recently participated in the UMA Motorcoach Expo in Orlando. They announced agreements with several service centers through the country for support and service on their Irizar i6 model. In addition, Irizar has been developing new solutions related to Covid-19 including their Eco 3 air purifier.
The J4500 CHARGE – a zero-emission version of the industry’s best-selling J series tour and charter luxury coaches – leverages EV technology from New Flyer and delivers more than 200 miles of range, while also delivering enhanced safety features. “NFI has pushed EV and automated innovation forward, and today we achieve another milestone in our technology roadmap through the launch of MCI’s first battery-electric luxury coach,” said Paul Soubry, president and chief executive officer, NFI. “With the unveiling, MCI further expands NFI’s market-leading portfolio of zero-emission vehicles and continues our ability to lead the ZEvolution.” MCI’s J4500 CHARGE incorporates advanced technology to power its high performance, including optimized battery placement for weight distribution and handling; enhanced regeneration for energy recovery and greater efficiency; exceptional torque and gradeability for smoother, more powerful operation; and next generation, ethically sourced, high-energy batteries that deliver more than 200 miles of range. To learn more, visit mcicoach.com/electric. The new J4500 CHARGE is perfectly suited for use by tour and charter, employee shuttle and executive coach operators looking to lower their emissions and total operating costs while maintaining the luxury and passenger experience that has defined MCI for decades.
4 • National Bus Trader / June, 2021
“Our J4500 CHARGE was made for high performance through unmatched design, with each detail developed to provide an excep-
Equipment News tional passenger experience while supporting zero-emission travel with clean, safe, reliable mobility,” said Chris Stoddart, president, NFI North America Bus and Coach. “With fully customizable interiors, the industry’s best warranty coverage and expert infrastructure support offered through NFI’s Infrastructure Solutions team, the J4500 CHARGE is leading the next generation of travel.” The J4500 CHARGE features brighter, more spacious interiors with industry-leading legroom. Parts support is provided by NFI subsidiary NFI Parts, North America’s largest parts supplier, with training offered by the industry’s only ASE-accredited training center, MCI Academy. Further training and workforce development support is provided through NFI’s Vehicle Innovation Center (VIC), North America’s first and only innovation lab dedicated to the advancement of bus technology. The VIC now offers detailed virtual sessions to allow operators and drivers to increase their EV and AV training. “We successfully completed prototype testing of our J4500 CHARGE in 2018, and since then have continued rigorous field testing of MCI’s battery-electric performance to prove operation through virtually any condition,” said Brent Maitland, MCI’s vice president of private sector sales and marketing. “And, not only do our EVs include the industry’s best warranty at 30 months, they are supported by NFI’s field tech army – North America’s most extensive bus and coach service and support network – with 24/7 roadside assistance to support operators any time of day.”
New Flyer and MCI will deliver J4500 CHARGE electric coach training through a no-cost virtual session hosted July 7, 2021, through the VIC. To register, visit newflyer.com/VIC. In addition to operating the VIC, NFI offers comprehensive infrastructure support through its Infrastructure Solutions team, providing safe and reliable infrastructure services for sustainable mobility projects with more than 200 chargers installed to date. To learn more, visit newflyer.com/infrastructuresolutions. NFI is leading the global electrification of mass mobility, operating in more than 80 cities in four countries that have completed more than 40 million electric service miles. NFI is testing automated vehicle technology and remains committed to the development of technology standards that deliver safe, clean, sustainable, connected mobility options to communities. Leveraging 450 years of combined experience, NFI is leading the electrification of mass mobility around the world. With zeroemission buses and coaches, infrastructure and technology, NFI meets today’s urban demands for scalable smart mobility solutions. Together, NFI is enabling more livable cities through connected, clean and sustainable transportation. With 8,000 team members in 10 countries, NFI is a leading global bus manufacturer of mass mobility solutions under the brands New Flyer® (heavy-duty transit buses), MCI® (motorcoaches), Alexander Dennis Limited
MCI has unveiled their battery-electric J4500 CHARGE™ coach. This model combines the best-selling J4500 design with battery-electric power to provide an emissions-free alternative for coach operators. The J4500 CHARGE delivers more than 200 miles of range as well as enhanced safety features.
(single- and double-deck buses), Plaxton (motorcoaches), ARBOC® (low-floor cutaway and medium-duty buses), and NFI Parts™. NFI currently offers the widest range of sustainable drive systems available, including zero-emission electric (trolley, battery and fuel cell), natural gas, electric hybrid and clean diesel. In total, NFI supports its installed base of more than 105,000 buses and coaches around the world. MCI is North America's leading public and private market motorcoach brand, building the J4500 (an industry best-seller for more than a decade), the all-new 35-foot J3500 model and the workhorse D-Series including the ADA-accessible MCI D45 CRT LE Commuter Coach. MCI also provides maintenance, repair, 24-hour roadside assistance, parts and technician training through the industry's only Automotive Service Excellence (ASE) accredited MCI Academy. Prevost’s New Cloud One Seat Line Prevost unveiled to the public for the first time its brand-new proprietary Cloud One seat line during the United Motorcoach Association EXPO April 21-24 in Orlando. The Cloud One series design focuses on comfort and ergonomics giving passengers an upgraded ride combined with uncompromised safety. “Prevost is extremely proud to share the Cloud One line with customers,” said Francois Tremblay, general manager for Prevost. “The series combines style and comfort for the ultimate ride and offers the most ergonomic seats available in the industry today.” The new offering is a result of many months of extensive research including collaboration with the industry-leading supplier, and realworld workshops used to create the most comfortable seat that also embodies modern styling. Prevost engineers also ensured Cloud One meets all North American safety regulations to continue to meet the safety standards Prevost customers are accustomed to. “We conducted workshops with more than 100 passengers of all ages and body compositions who gave us great insight,” said Jeff Gagne, Prevost product manager. “Using that information and our strong supplier relationship, we created the ultimate seat for the North American coach industry.” Cloud One is available in three tiers of style and comfort, and a variety of color combinations. All three collections come with the option of a standard headrest or a new ergonomic winged headrest. Luxury Collection • Full leather or leatherette • Double stitching
National Bus Trader / June, 2021 • 5
Equipment News • Piping • Additional tufting on the sides and seat pan Premium Collection • Full leatherette • Double stitching • Piping
Standard Collection • Flat woven or velvet options • Leatherette accents
The first coach with Cloud One seats will be delivered in July 2021. Customers interested in the Cloud One series can visit the Web site to for further information at www.prevostcar.com. Prevost has provided coach solutions for nearly a century with an uncompromising commitment to quality, a drive for constant innovation and improvement and dedication to safety and sustainability in every business aspect. Today, Prevost is one of North Amer-
Prevost recently introduced its new Cloud One seats at the UMA Motorcoach Expo in Orlando. This new seat design combines style and comfort in a new ergonomic seat design. Cloud One seats are available in three different collections and a number of color combinations.
ica’s largest producers of premium intercity touring coaches and is the world leader in the production of high-end motor home and specialty conversion coaches. Customer support is secured via the largest service network in the motorcoach industry with 17 OEMowned and operated service centers across North America, a specialized customer support team with more than 260 years of industry experience and 60 mobile service vans. Prevost manufacturing facilities are located in Sainte-Claire, Quebec, Canada. Prevost is part of the Volvo Group, one of the world’s leading manufacturers of buses, trucks, construction equipment, power solutions for marine and industrial applications, financing and services that increase customer uptime and productivity. For more information, please visit www.volvogroup.com. TEMSA Introduces the New TS 30 at UMA Motorcoach Expo TEMSA, one of the industry leading bus manufacturers, has been distributing coaches in the U.S. market since 2010, continues its success story today. Having participated in the UMA Motorcoach EXPO 2021, which is considered as one of the most prestigious organizations in the private motorcoach market, UMA Expo brings industry professionals from all corners of the world together in Orlando, Florida, TEMSA offers new technology, design and innovation. It exhibited a single vehicle at the fair and managed to attract the attention and appreciation of all participants, with its new TS 30 redesigned motorcoach.
TEMSA showed off its new TS 30 coach at the recent UMA Expo in Orlando. With a length of 30 feet, the TS 30 offers integral construction and big coach features in an economical package for smaller groups. Temsa has sold more than 1,000 vehicles in the United States.
6 • National Bus Trader / June, 2021
With more than 15,000 vehicles in 66 countries, TEMSA is reinforcing its position in the U.S. day by day. Having entered the U.S. market in 2010, TEMSA continues to operate through the TEMSA North America (TNA) Company founded in 2018. TEMSA that has managed to be one of the most important actors in the industry, by achieving a 10-percent market share where it operates presently, appears to be an "automotive-focused technology company" with more than 1,000 vehicles in the U.S. The company that considers the North American market as one of its growth accelerator in the future and aims to bring the TS45 Electric Bus that it has recently developed specifically for the U.S. market. Tolga Kaan Do ancıo lu, TEMSA CEO, said, "We are proud of having arrived at a successful point on a challenging market like the U.S. Besides, it is an important factor in identifying new targets for the forthcoming period. We have so far undersigned great achievements through the contribution of having analyzed the market and determined the needs in an accurate fashion. Our electric vehicles that we produce along with all their technology will soon hit the roads in different
Equipment News parts of the U.S., particularly Silicon Valley. In the forthcoming period, we aim to write greater success stories, especially in the North American market, through the new partnership of PPF and Skoda Transportation." Bus Museum SCenicruiser a Success at UMA The Scenicruiser loaned to the Museum by Ash Dovel was a huge success at the United Motorcoach Association’s Expo in
Orlando in April, admired by virtually every participant in the show. Dovel’s restoration was spectacular and offered current bus industry folks the opportunity to see and touch an icon of the golden age of motorcoach transportation. The museum chose to exhibit Dovel's coach because it was in traditional Greyhound graphics and required a much
One of the more popular and interesting vehicles on display at the recent UMA Motorcoach Expo was this 65-year-old Scenicruiser that was originally built by Greyhound. This particular coach was restored by Ash Dovel and brought to the show by the members of the bus museum in Hershey, Pennsylvania. The interior was just as impressive as the exterior.
shorter trip than bringing the Museum's Cruiser all the way from Hershey. One of the Museum of Bus Transportation/Antique Car Club of America Museum’s goals has been to promote the history of the bus industry on a national stage, and thanks to the United Motorcoach Association and Dovel a giant stride was made in that direction. Although the exhibit was manned by MBT/AACAM’s John Oakman, Dan Lenz and Dave Millhouser, promotional material from a number of other organizations dedicated to preserving the history of the bus industry was on display. Many thanks to ABC Companies, long a supporter of the Museum, for letting prep the coach be completed in their Winter Garden facility. Progress in CERTS Funding for Bus Companies Some progress was shown in early May on the CERTS program for funding bus companies during the pandemic. The Department of the Treasury released the guidelines that everyone had been waiting for. Note that this information was for guidance only
National Bus Trader / June, 2021 • 7
Equipment News since a portal for accepting electronic submissions had not yet been established. Many voices in the industry were unhappy that it took the government this long to do something for private bus operators. Others are happy to see things finally moving along. However, applying for funding may not be easy since there will only be a four-week window after the portal opens to apply. Hence, it is suggested that bus operators work closely with one of the two national associations since they will have current information and be able to make suggestions. Here is the basic information available at this time. Applicants will be expected to register with www.ID.me identity service. If you want to apply for a grant, you should register. Once the CERTS grant portal is open, there will be a four-week deadline in submitting applications. The applications are not competitive but will be subject to uniform review. It has been suggested that applicants will be able to monitor progress once their application is submitted. It is expected that the Treasury will look for information from your tax documents to determine past revenues and employment. In particular, they will try to compare your operations in 2019 with 2020. You will be expected to submit a current USDOT registration number or the equivalent from a state. Expect to provide information on your fleet by vehicle type. They will want to know the number of motorcoaches you operate in your fleet to come up with a percentage or proportion for grant purposes. Once the grants are awarded, you will have one year to use the funds. While NATIONAL BUS TRADER will provide additional information when and if possible, it is strongly suggested that the timing for grant applications is critical and it is advised that readers get information from the national associations. Vice President Kamala Harris Visits Thomas Buses In time for Earth Week, Daimler Trucks North America (DTNA) celebrated several milestones on the road to electric including a visit from Vice President Kamala Harris to the Thomas Built Buses (TBB) production plant in High Point, North Carolina, the inauguration of Electric Island in Portland and the continuation of the Freightliner Electric Roadshow. Vice President Harris’ visit highlighted the usability and value of electric school buses. She met with John O’Leary, president and CEO, DTNA, as well as several TBB employees who outlined the benefits of electric buses and demonstrated the technology 8 • National Bus Trader / June, 2021
Vice President Kamala Harris (second from right) visited the Thomas Built Buses plant in High Point, North Carolina for Earth Week. Thomas has already delivered more than 50 battery-electric Jouley school buses. Operating without tail pipe emissions, the Jouley has an operating range of about 135 miles.
and ingenuity behind commercial electric vehicle manufacturing. “Welcoming Vice President Harris to Thomas Built Buses was an honor and a privilege,” said O’Leary. “It’s exciting to see our electric vehicles recognized by the administration, and to have her visit take place the same week we inaugurate the first public electric vehicle charging station specifically designed for commercial vehicles, and as we continued showcasing the all-electric Freightliner eCascadia and eM2 for customers with our innovative roadshow.” TBB’s Saf-T-Liner C2 Jouley runs tail-pipe emissions free, noise-pollution free and has a 135-mile operating range. With nearly 50 Jouleys already delivered, school districts across the country, from Alaska to Virginia, have already incorporated electric school buses in their daily operations. The same week and a day before Earth Day, Electric Island, the first-of-its-kind charging station specifically designed with medium- and heavy-duty vehicles in mind and open to the public, celebrated its grand opening. Available to electric commercial vehicles and passenger cars alike, the station is the first one aligned to the blueprint of the West Coast Clean Transit Corridor Initiative (WCCTCI). The grand opening event featured TBB’s Jouley, an electric city bus, and Freightliner’s eCascadia and eM2. NFI Celebrates Earth Day NFI Group Inc. (NFI or the Company), a leading independent bus and coach manufacturer and a leader in electric mass mobility solutions, announced on April 22 that its elec-
tric vehicles (EVs) have collectively travelled more than 40 million zero-emission miles. Through this milestone, NFI EVs have prevented nearly 150,000 imperial tons of greenhouse gas (GHG) emissions from entering the environment – the equivalent of removing 23,000 cars from the road for one year. In addition, NFI announced that New Flyer Infrastructure Solutions™, NFI’s full-suite infrastructure project management service, has now installed more than 200 EV chargers . “Today’s achievements are tomorrow’s gains. In reaching 40 million electric miles across NFI’s EV line up, we continue to decrease the carbon footprint of transportation while delivering clean, safe, quiet mobility powered by our advanced zero-emission technology,” said Paul Soubry, president and chief executive officer, NFI. “Decades of strengthening our core competencies – including scalable customized manufacturing, lifetime service and support, technology innovation and workforce development – have led to these milestones and established NFI as a leader in the EV market.” NFI’s industry-leading EV offering includes the broadest range of vehicles: single- and double-deck, heavy-duty transit buses, motorcoaches and medium-duty buses. NFI has been manufacturing electric vehicles since 1969, and its current offering includes battery-electric and fuel-cell electric variants. NFI meets urban mobility demands through a unique four pillar approach, including: 1. Vehicles (buses and coaches); 2. Infrastructure;
Equipment News 3. Smart, connected technology; and 4. Workforce development. This approach directly meets the call posed by this year’s Earth Day theme to “Restore Our Earth,” inviting innovative thinking, emerging green technologies and climate restoration to ecosystems. “In recognition of Earth Day, NFI is committed to leading electrification of mass mobility around the world,” said Soubry. “With over 600 engineers globally, our ability to design and deploy sustainable technology is unmatched. We remain relentless in our delivery of four-pillar mobility solutions, as well as our ultimate pursuit of more livable communities, cleaner air, decreased GHG emissions and a protected environment – all of which contribute to mitigating climate change.” NFI is a leader in zero-emission mobility with battery-electric and fuel-cell electric vehicles operating in more than 80 cities in four countries that have completed more than 40 million electric service miles. NFI also operates the Vehicle Innovation Center, the first and only innovation lab of its kind dedicated to advancing bus and motorcoach technology and providing essential workforce development through electric bus training, now available online. NFI is testing automated vehicle technology and remains committed to the development of technology standards that deliver safe, clean, sustainable, connected mobility options to communities. Large Trucks Involved in Work Zone Accidents The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) recently called on all drivers to “share work zones safely” by staying alert, obeying traffic signs and allowing all vehicles extra space as the nation’s annual roadway repair and construction season commences.
FMCSA recently announced that large trucks have a disproportional involvement in fatal crashes in work zones. Part of the problem may be due to impatient automobile drivers cutting off a truck or bus. This would be a good idea to bring up at bus driver training sessions to suggest special care in work zones.
“Fatal crashes occurring in work zones are both tragic and absolutely preventable,” said FMCSA Deputy Administrator Meera Joshi. “I am especially concerned that large trucks continue to have a disproportional involvement in fatal crashes occurring in work zones – 33 percent – when large trucks comprise roughly five percent of vehicular traffic. Don’t allow yourself to become distracted, slow down, obey the signs and the instructions of flaggers and be courteous and safe by giving every vehicle extra space. Highway workers equally depend on you for their safety.” The Department’s Federal Highway Administration (FHWA) reports that in 2019, the most recent year for which data are available, 842 people died in highway work zone
NFI celebrated Earth Day by announcing that its electric vehicles have travelled more than 40 million zero-emission miles. The company has been manufacturing electric vehicles since 1969 and current ly offers both battery-electric and fuel cell buses. Shown here is their Xcelsior CHARGE™ AV model.
crashes compared to 757 the year before. The 11.2- percent increase is the largest percentage increase of highway work zone fatalities this century. For its part in supporting National Work Zone Awareness Week, FMCSA will be concentrating its safety awareness efforts in three states – Florida, Georgia and Texas – which, unfortunately, experience some of the highest rates of work zone crashes involving large trucks in the country. In those states, motorists can expect to hear public service announcements and see safety messaging on billboards as they approach work zones. FMCSA has also developed educational resources, including fact sheets, post cards and shareable social media infographics for safety advocates to help amplify work zone messaging. Arkansas, Oklahoma and Pennsylvania – also states that have a high number of fatal crashes in work zones each year – will be conducting special activities such as holding educational workshops for commercial vehicle drivers and placing safety signage at weigh stations. For more information and shareable resources on FMCSA’s 2021 work zone safety campaign, visit https://www.fmcsa.dot.gov/ourroads/workzone-safety-shareable-material. Thomas Delivers 50th Electric School Bus Thomas Built Buses (TBB), a leading manufacturer of school buses in North America, its exclusive Virginia dealer, Sonny Merryman Inc., and Proterra Inc (“Proterra”), a leading National Bus Trader / June, 2021 • 9
Equipment News innovator in commercial vehicle electrification technology, celebrated the delivery of the 50th Saf-TLiner C2 Jouley battery-electric school bus. The milestone delivery went to Loudon County Public Schools in Virginia as part of phase one of Dominion Energy’s Electric School Bus Initiative. “We are thrilled to support our valued customers in leading the way for a cleaner future for the country and for our students,” said Caley Edgerly, president and CEO of TBB. “This milestone delivery is an important marker for Thomas Built Buses and a turning point in our industry as we pave the way for a future of electric school buses.” In 2018, TBB and Proterra unveiled the high-performance Jouley electric school bus. Now, these 50 nationwide deployments represent the first Thomas Built, Proterra-powered, battery-electric school buses to hit the roads as cities, towns and school districts transition to all-electric school bus fleets. • In Virginia, TBB and Sonny Merryman Inc. were selected as the exclusive provider of 50 electric school buses to 15 public school districts for the first phase of Dominion Energy’s electric school bus program. The first of these buses, which represent the first batteryelectric buses in Virginia, were delivered in November of 2020. • In Michigan, Ann Arbor and Roseville Public Schools are operating six Jouleys in partnership with DTE Energy. DTE Energy will also initiate a Vehicle to Grid (V2G) study to obtain data regarding the energy efficiency and environmental benefits of electric vehicles and develop programs that benefit the schools based vehicle capabilities.
• In Massachusetts, the City of Beverly and Beverly Public Schools recently unveiled its first Jouley in partnership with Highland Electric Transportation, a solutions provider for electric school buses based in Hamilton, Masachusetts. The bus will further participate in a V2G strategy deployed by Highland Electric Transportation and utility provider, National Grid. • In Alaska, Tok Transportation is operating the first battery-electric school bus in the state, a Jouley, in partnership with the Alaskan Energy Authority. • In Indiana, Monroe County Community Schools and Delphi Community Schools both recently received their first Thomas Built electric school buses. “Switching to electric school buses means cleaner air for our kids to breathe and a healthier planet for them to enjoy. With 50 electric school buses on the road today and more to follow, Proterra is proud to partner with Thomas Built Buses as we shape a clean transportation future for students and families across the country,” said Gareth Joyce, president of Proterra Powered & Energy. “There is no question the future of human mobility, including buses and global sustainability, is electric, which is why we are so excited about our role in delivering the first electric school buses in Virginia and the 50th Thomas Jouley nationwide. With demand for electric school buses coming from all levels, including state and federal government, utilities and school divisions, this will be the first of many significant milestones for the deployment of Jouley school buses,” said Floyd Merryman, president & CEO of Sonny Merryman Inc.
Thomas Built Buses recently announced that they have delivered 50 battery-electric Jouley school buses. The milestone bus went to Loudon County Public Schools in Virginia. In addition to fuel cost savings, the electric school buses also lower maintenance and operating costs.
Transitioning to electric school buses offers multiple benefits to students and the community. In addition to providing a transportation solution with zero tailpipe emissions, battery-electric vehicles offer greater efficiency with fuel cost savings as well as lower maintenance and operating costs. TBB and Proterra offer school bus operators a comprehensive, turn-key electric vehicle program that includes EV planning and funding consultation, electric school buses, charging systems and charging infrastructure design and installation. The Saf-T-Liner C2 Jouley couples 226 kWh of total energy capacity from Proterra’s industry-leading battery technology, the highest standard battery capacity in the industry, with a Proterra electric drivetrain to offer unparalleled energy efficiency and up to 135 miles of drive range to meet the needs of school bus fleets. Proterra Powered leverages Proterra’s electric vehicle technology and expertise to help commercial vehicle manufacturers electrify their vehicles. As an OEM that uses its own battery technology to power its fleet of heavy-duty electric transit buses, Proterra brings more than a decade of experience manufacturing, testing and delivering EVs. Simcoe Buys Vicinity Buses Vicinity Motor Corp. (formerly Grande West Transportation Group), a leading supplier of electric, CNG, gas and clean diesel buses, on April 29 announced the receipt of a new purchase order from the County of Simcoe in Ontario, Canada for four Vicinity™ buses for a total value of more than $1.6 million. Per the terms of the supply agreement, the County of Simcoe will order three of the company’s 30-foot Vicinity buses as well as one larger 35-foot Vicinity bus for delivery in the first half of 2022. “We are pleased to have secured this $1.6+ million agreement with the County of Simcoe, continuing our strong legacy as a leading bus supplier within the robust Canadian market,” said William Trainer, founder and chief executive officer of Vicinity Motor Corp. “Our core business and strong reputation provide a springboard as we help enable the transition to low-emission and zero-emission options at public transit agencies across North America. We look forward to continued traction in our home market in the quarters ahead, supporting us as we expand into the lucrative U.S. market alongside our tier-1 distribution partners.”
10 • National Bus Trader / June, 2021
ADL Delivers Double-Deckers for English Coastal Route Alexander Dennis Limited (ADL), a subsidiary of NFI Group Inc. (NFI), one of the world’s leading independent global bus
Equipment News manufacturers, recently announced the delivery of two low carbon Enviro400 buses to independent West Norfolk operator Lynx. Lynx is a locally owned and totally independent bus operator in West Norfolk, an area north of London, which was set up in 2015 by a group of local people with many years’ experience of running quality bus services in the area. The two new Enviro400 vehicles represent Lynx’s first order with ADL and have gone into service on the Coastliner 36 route between King’s Lynn, Hunstanton, Wells-next-the-Sea and Fakenham. The
38-foot, 76-seat buses are equipped with personalised Lynx-brand interior colors, glazed skylights, luggage rack, tables, USB chargers and bespoke moquette on the seats, which are generously spaced to give passengers a comfortable journey experience. Lynx Managing Director Julian Patterson said: “We’re delighted that these new buses are now in service. They will be a great addition to our fleet as we continue to develop our business further and deliver even more for our customers.”
Alexander Dennis Limited, a part of the NFI group, recently delivered two double-deck Enviro400 buses to Lynx in West Norfolk, England. They are approximately 38 feet long and seat 76 passengers in an interior that includes a luggage rack, tables and USB chargers. The buses will be used on a coastal route along a bay.
ADL Retail Sales Director Richard Matthews said: “We’d like to thank Lynx for this first order with us. These new buses will deliver a high standard of comfort and reliability for their customers and we look forward to working with Lynx again in the future.” Keolis Wins Electric Bus Contract in Sweden On April 16, 2021, Keolis was awarded a 10-year contract, worth €150 million, by Västraffik, Gothenburg's public transport authority (PTA), to operate and maintain articulated fully electric buses. The contract is scheduled to come into force in June 2022. It includes replacing the city’s biodiesel and biogas-powered buses with fully electric ones and adapting three depots so they can maintain and charge the electric vehicles. This is part of Västraffik’s goal of converting its city bus fleet into electric buses by 2030. The award reflects Västraffik’s confidence in Keolis as a partner in converting its buses into electric ones across the region in order to provide reliable, clean and comfortable mobility solutions to Gothenburg’s residents and visitors. Bernard Tabary, CEO International of Keolis Group said: “We are honored that Västraffik, with whom we have been partners since 2010, has entrusted us with operating and maintaining the 100 percent e-bus network in Gothenburg. We look forward to supporting our public transport authority partner in rolling out electric buses and making the necessary changes to the infrastructure that will improve the daily life of Gothenburg’s residents. Keolis’ expertise in electromobility will doubtless be a key factor in the success of this project.”
Keolis recently won its first electric bus contract in Sweden. The award came from Västraffic, the public transport authority in Gothenburg, Sweden. Keolis will operate and maintain articulated electric buses in a goal to convert to an all-electic fleet by 2030.
Gothenburg and its metropolitan area are home to 1.5 million residents. Located in the south-western part of the country, it is Sweden’s second largest city. This contract is part of Västraffik’s strategic goal of converting its city bus fleet into electric buses by 2030. The network features two lines and will carry 17 million passengers per year. The articulated electric buses are expected to cover 2.9 million kilometres annually. The e-buses can be charged at the three depots across the network, all of which will be adapted and equipped with overnight charging facilities. To deploy e-buses and adapt the infrastructure, Keolis can count on the best practices developed and lessons learnt in deploying alternative energy fleets in France, Norway, the Netherlands and the US. With these 100 percent electric buses, Keolis is committed to enhancing the passenger experience, providing a quieter and more sustainable transport solution, while preserving the environment. q National Bus Trader / June, 2021 • 11
Bus Equipment People Ken Presley Ken Presley, United Motorcoach Association’s vice president, legislative & regulatory affairs & industry relations/COO was recently named a Life Member of the Museum of Bus Transportation/Antique Automobile Club of America Museum. One industry observer said that it is impossible to overstate how much Presley has meant to the industry, particularly the small and mid-sized operators. “Ken is a bit like a swimming duck – on the surface hard working, but underneath – where the public can not see – even more active and productive. He does not just serve the industry – he Ken Presley loves its people.” Turbo Images Turbo Images Inc., North America’s premier vehicle graphics provider, recently announced the addition of Patrick Scully to its executive management team to drive its growth plans in the North Americanpublic transit market and to assist in its already successful motorcoach market business.
Scully stepped into the role of executive vice president – public sector business development, effective May 3, 2021 and will be based in North Carolina. He brings more than 30 years of experience in the North American transportation market to this position, including leadership roles with major bus manufacturers in the U.S. and Canada.
“We cannot be more pleased to have Patrick Scully join our team and lead our North American growth strategy in the public transit market,” said Pier Veilleux, Turbo Images’ president and CEO. “His industry experience, knowledge base, industry contacts and proven professional leadership will be the perfect addition to our executive team.” Turbo Images has been a market leader in vehicle graphics since 1993 primarily in trailer and motorcoach market segments and has grown into a leading national provider in both Canada and the U.S. 12 • National Bus Trader / June, 2021
“We entered the public transit segment three years ago and have enjoyed very good success over that period working with customers to enhance their vehicle graphics and brand messaging,” added Veilleux. “With our latest investments of over $2 million in state-of-the-art technology and fabrication production equipment, combined with today’s hire of industry leader Patrick Scully, we are well positioned for continued growth.”
six months to COP26 (the 2021 United Nations Climate Change Conference of the Parties) and highlighting global efforts to tackle climate change. The ceremony featured remarks from the Honourable Catherine McKenna, minister of infrastructure and communities and Susan le Jeune d’Allegeershecque, British high commissioner to Canada, as well as fellow Climate Champion David Suzuki.
Turbo Images further invested in 2020 by acquiring Lebrapub / Team Coach Imaging, despite the economic downturn caused by the COVID-19 pandemic. The company now includes 130 team members focused on partnering with customers across North America for their fleet brand messaging needs. Turbo Images plans to aggressively grow in the coming years in both the U.S. and Canada with a particular focus on the public transit market segment.
Spearheaded in partnership by the British High Commission and the Canada Climate Law Initiative, the Climate Champions initiative identifies exceptional Canadians who are Climate Champions actively working towards getting Canada to net-zero carbon emissions.
“I am honored and energized to be joining the Turbo Images team,” said Scully. “I have known Pier Veilleux and Turbo Images for over 25 years and have always held them in the highest regard for their quality products and services and dedication to excellence. We share these same values as well as the overall vision for the North American market potential for the company and its customers. I look forward to meeting with customers to showcase the capaPatrick Scully bilities of Turbo Images as the industry’s vinyl vehicle wrap expert and how we can mutually partner with customers to enhance their brand, environmental and special event marketing messaging on their vehicles.” NFI Group NFI Group Inc. (NFI or the Company), a leading independent bus and coach manufacturer and a leader in electric mass mobility solutions, recently announced that Jennifer McNeill, vice president of public sector sales and marketing for New Flyer and MCI, has been named one of 26 Climate Champions across Canada.
McNeill was recognized alongside 25 others during a virtual ceremony marking
“Jennifer has been instrumental in the evolution and advancement of NFI’s EV leadership in North America, but, more importantly, in urging a paradigm shift towards more livable cities and low-carbon mobility,” said Paul Soubry, president and chief executive officer, NFI. “NFI proudly congratulates Jennifer on this honor. She has illustrated ingenuity in leading our industry toward a zero-emission future, and has been a driving force behind our technology roadmap and strategic growth – ultimately driving a more sustainable future.”
McNeill has led and advocated for zeroemission bus adoption in North America for nearly a decade. She spearheaded New Flyer’s support of smart city development through a four pillar approach to mobility solutions that includes vehicles, technology, infrastructure and workforce development. In 2020, she was named an Honoree of Canada's Clean50 list, recognizing Canada’s leaders advancing sustainability and clean capitalism, and was also named to the Clean16, for outstanding contribution to the clean energy economy in the Manufacturing and Transportation sector. “It is an honor to be named a Climate Champion, and to have sustainability, climate action and environmental preservation in the spotlight leading up to COP26,” said McNeill. “2021 is a defining year in our journey towards net-zero carbon emissions; it my privilege to continue contributing to the development of resilient, smart, and sustainable mobility solutions for all Canadians.” McNeill also oversaw the development and opening of NFI’s Vehicle Innovation Center, as well as the launch of NFI’s Infrastruc-
Bus Equipment People ture Solutions™, a full-suite infrastructure service introduced in 2019, that recently surpassed more than 200 EV chargers installed. She holds both a Mechanical Engineering degree and a Master of Business Administration (MBA) from the University of Manitoba and is an accredited Professional Engineer, and currently serves on the boards of the Canadian Urban Transit Association (CUTA), Canadian Urban Transit Research and Innovation Consortium (CUTRIC), American Public Transportation Association (APTA) and the Transportation Research Board (TRB) Transit Research Analysis Committee in Washington, DC. q
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UMA Motorcoach Expo 2021 in Orlando Photos courtesy of Dave Millhouser and UMA
This 2021 UMA Expo was noteworthy since it celebrated the 50th anniversary of the organization and because it was the first bus show since the start of the pandemic. Shown here is the line of buses for the new “Breakfast with the Buses” event on Saturday morning. Attendees said that the buses did not each much.
T
he annual United Motorcoach Association Motorcoach Expo was held in Orlando from April 21-25, 2021. It was particularly noteworthy for two reasons. One is that it celebrated the 50th anniversary of the organization. The other is that UMA took the lead in bringing the bus industry back to normal by scheduling the first show since the pandemic. While much of the event followed past procedures, there were two interesting additions. Wayne J. Smith, the original founder of the organization, put in an appearance while a “Breakfast with the Buses” event saw numerous buses on display.
What became UMA was originally founded to serve the needs of the smaller bus operators, a philosophy that continues yet today. In the early 1970s there were concerns that the existing bus association was mainly controlled by larger bus operators. Since the average bus company only operates 10 buses, there was a considerable num14 • National Bus Trader / June, 2021
ber of smaller operators that felt left out. Many people today may not realize that in the 1953 to 1960 period, Greyhound purchased about 49 percent of the coaches built by General Motors, making them an obvious giant in the industry.
In 1971, a dozen smaller bus companies banded together and founded a new organization originally known as the United Bus Owners of America. John Volpe, then the U.S. Secretary of Transportation, recommended Wayne J. Smith, a former Washington lobbyist, as the new executive director. As the organization grew, it began doing more for its members. Arguably the most significant was the creation of the muchneeded Expo Show in 1984. Two significant events preceded the Expo. The first involved the fuel crises of 1973 and 1979 when more people rode buses while values of preowned coaches increased. The second was the Deregulation of the bus industry in 1982.
As it turned out, 1984 was somewhat of a turning point for the industry. Later that year European coaches from Van Hool, Setra and LAG entered the U.S. market, introducing painted sides and more competition. The Expo became an annual event since then. In 1996, its 25th anniversary, the organization would change its name to the United Motorcoach Association.
This Expo in Orlando was centered around the Rozen Plaza and the Orange County Convention Center. The schedule of events was similar to recent Expos. Activities started off with several meetings on Wednesday and Thursday, April 21 and 22. An official Opening Session took place on Thursday morning that highlighted the 50th anniversary of the organization. A welcome special guest was Wayne J. Smith, the original founding executive director. A traditional Sneak Preview of the exhibit floor took place from 4:30-6:30 p.m. on
National Bus Trader / June, 2021 • 15
Thursday. As in the past, the exhibit floor was open all day on Friday from 10 a.m. to 5 p.m. On Saturday, the exhibit hall was open from 10 a.m. to noon. A new event called “Breakfast with the Buses” took place on Saturday. Held from 8-10 a.m. adjacent to the Orange County Convention Center, it gave attendees an opportunity to see both new and preowned vehicles while enjoying Orlando’s great weather. Attendees could dine in the shade and then spend time checking out a substantial number of buses that were available for sale. While the number of vehicles on display set no new record, they were the center of activity. Temsa showed their 30-foot TS 30 model, the smallest integral coach on the market. It features a 250 horsepower Cummins B 6.7 liter engine with an Eaton transmission. Originally introduced to the U.S. market in 2012, an improved version of the TS 30 was offered in 2019. It offers all of the big coach features including air ride suspension, underfloor luggage and a restroom in a size for smaller groups. Temsa has been selling smaller coaches since they introduced the 35-foot TS 35 in 2008. It is powered by a 350 horsepower Cummins L9 engine and has the standard Allison B500 transmission. Temsa also offers the 45-foot TS 45 model that will seat 56 passengers. It comes with the 425 horsepower Cummins ISX engine and the Allison B500 transmission. BYD showed off a full-size, batteryelectric coach that seats up to 57 passengers. It uses iron-phosphate batteries with a 12-
Among the more interesting events during the show was the appearance of Wayne J. Smith. Smith had originally founded the group in 1971 as the United Bus Owners of America to support smaller bus operators. Fifty years later, the organization continues to serve bus operators in several ways.
year battery warranty. National Coach Sales showed a larger cutaway named their “Ultra Coachliner.” In addition to a nice interior, it had impressive underfloor luggage space with three compartments in front of the drive axle and two smaller compartments at the rear. In addition to the new buses, there was also a historical bus on display. One of the goals of the Museum of Bus Transportation/Antique Car Club of America Museum has been to promote the history of the bus
Temsa showed off their TS 30 model. With a length of 30 feet, the TS 30 offers all of the traditional coach features including a restroom, reclining seats, a parcel rack and underfloor luggages. Hence, it provides the same big coach features for smaller groups.
industry. Hence, the museum group brought a restored Greyhound Scenicruiser for display. It was loaned to the museum by Ash Dovel and driven to the UMA Expo by the museum staff. The other major coach builders had booths and staffs in the exhibit hall and buses outside. MCI is introducing their J4500 CHARGE™ battery-electric coach. They have had a special virtual online introductions to introduce this new model and provide information. The J4500 CHARGE™ starred in a special zero-emission motorcoach demonstration in Calgary and Fort Murray, Alberta in March. It was also used for employee site transportation. See the May, 2021 issue of NATIONAL BUS TRADER for more information. Irizar USA has seen several new developments. To make travel safer, Irizar has developed the Eco 3 air purifier that eliminates virus and many other microorganisms. Additional staff includes Kevin Keith who is based in Orlando and has more than 26 years of experience. Patrick Laffan is based in Connecticut, has more than 18 years of experience, and will be serving the Northeastern market. In addition, Irizar has reached agreements with several service centers for continued Irizar support and service.
16 • National Bus Trader / June, 2021
Prevost recently introduced a number of comfort, safety and driving items on its coaches. Included were CloudOne® seats with enhanced features to improve the passenger experience and comfort. Their new EnviroCare® system purifies cabin air and
UMA Motorcoach Expo 2021 in Orlando
Irizar USA had an attractive booth where they highlighted their popular i6 coach. In addition, they have other developments to make travel safer including their Eco 3 air purifier.
The Complete Coach Works group of families had a booth for their various services. In addition to repowering and refurbishing buses they also offered pre-owned and electric buses.
MCI had a larger booth area at the show. Noteworthy was their introduction of the J4500 CHARGE™ battery-electric model that had already been on demo trips. In addition, MCI was upgrading their “D” models with the new D4520.
National Bus Trader / June, 2021 • 17
On display at the BYD booth was this full-size electric coach. It can seat 57 passengers and had all of the usual coach features but was powered by a battery-electric system.
sanitizes surfaces with dual ionization. New interior cabin automatic emergency lighting helps passengers in an emergency. Drivers will like Prevost’s new upgraded climate and audio controls with an integrated video playback to the cabin. Other features include Prevost Driver Assist® to improve collision mitigation control and electronic mirrors for increased safety. For additional details see the April 2021 issue of N ATIONAL B US TRADER.
Complete Coach Works is the largest bus remanufacturing and rehabilitation company in the United States with more than 30 years in the transportation industry. Recent projects have included two rehabbed, 60foot articulated buses for Capitol Area Transit which included repowering with a Cummins Recon ISL, new exterior and interior LED lighting and ADA-compliant wheelchair ramps. See the news item in the April, 2021 N ATIONAL B US T RADER for more details.
This larger cutaway was displayed by National Bus Sales. Known as their Ultra Coachliner, it offered substantial underfloor luggage capacity and other features.
ABC Companies has been very busy lately. They are now offering to repower diesel buses to battery-electric power. The first unit is already in service in the San Francisco area. ABC is now selling the increasingly popular Vicinity small transit bus including the 28-foot, battery-electric model. Developed in British Columbia, the Vicinity complies with Buy America provisions. In addition, Eberspächer recently named ABC Companies as a Certified Service Partner for the United States. Additional details on these items are available in the May, 2021 issue of NATIONAL BUS TRADER. Daimler had a booth that included the Setra coach line. It has been suggested that the Setra product line will most likely move to the factory in Turkey and may be rebranded with the Mercedes-Benz name. See the news item in the March, 2021 N ATIONAL B US T RADER on their recent reorganization.
ZF North America had a booth to display some of their components. In the past decade, ZF has made a remarkable transition from being a heavy component supplier to state-of-the-art technology and the second-largest automotive supplier in the world. See the news item in the May, 2021 N ATIONAL B US T RADER for more information.
Offering something new, UMA scheduled an Expo Encore on May 18-20 a month after the show. It combined the best of the Expo show with new content and real time questions and answers. In addition to informative interviews from the show floor, Encore will list all vendors on the show floor and plus links to their companies and products. The UMA Motorcoach Expo for next year is scheduled for February 23-27, 2022 in Long Beach, California. q
The Museum of Bus Transportation presented this Scenicruiser that had been restored by Ash Dovel in Greyhound livery. Inside, the driver ’s cockpit area and the passenger area had been nicely restored too. John Oakman and Dave Millhouser were available to answer questions on the bus or on the museum.
18 • National Bus Trader / June, 2021
UMA Motorcoach Expo 2021 in Orlando
ZF had a booth to show off some of their popular coach components and new technology. ZF offers both axle and engine compartment motors for electric buses.
Prevost used their show to introduce their new CloudOne® seating for coaches as well as several different enhancements for the passengers and the coach driver.
The moderate weather in Orlando allowed some outdoor activities. Attendees were able to gather outside for some events. Shown here is a group enjoying the pool in the great weather.
National Bus Trader / June, 2021 • 19
Commercial Auto Insurance Costs and Can You Control It?
I
by Andrea Vidmar Business Development Manager, National Interstate Insurance
nsurance. Probably not your favorite topic, or even in your top 10. It is, however, likely to be one of your most significant business expenses and necessary to run your business. Maintaining a certain level of coverage in some cases is mandated, but it is always prudent to protect your company's assets. Without adequate coverage by a financially strong insurance carrier, a catastrophic accident could severely impact your ability to stay in business.
Unfortunately, in recent years many transportation companies have experienced rising costs of insurance premiums. While multiple factors can impact insurance costs, the primary component for commercial auto liability coverage is the cost to settle claims. Insurance companies measure claims in terms of frequency, how often accidents occur and severity – the amount of the payment required to settle the claim. Claims severity increases when there are serious injuries or fatalities involved in an accident. In recent years, the primary driver for the rising of commercial auto insurance has been higher severity. The term social inflation has been used to explain this rise in severity. Social inflation generally describes the rising costs of insurance claims that result from changing societal perceptions and trends. Social inflation as it relates to insurance claims has several components that include increased litigation, more claimant-friendly legal rulings and larger jury awards. While it is reasonable that severe injuries or fatalities warrant fair compensation for the claimant, the tendency to view insurance companies as having deep pockets and the lottery mentality of many juries has resulted in substantial awards.
These awards are not only significant but unreasonable compared to the injuries sustained. Further fueling the social inflation is litigation financing. With litigation financing, a third party pays a claimant a portion of the potential settlement upfront in exchange for a share in the claimant's ultimate settlement. The upfront cash and the incentive for the third party often increase litigation, lengthens the time to settle, and drives up the insurance companies' total cost to adjust and pay the claim. Unfortunately, until there is tort reform, the factors contributing to rising claims costs may persist.
Should you give up, or are there ways to manage your insurance costs? Adapting a safety culture within your organization and embracing technology can help reduce claims costs. Safety culture must be prevalent throughout the organization to be effective. Management support, frequent training and safety-focused policies are key aspects of an effective safety culture. Investing in the latest available technology can also pay off. Using telematics to gather data and cameras to record events can provide meaningful information. The power of technology involves leveraging that information to identify training opportunities, take necessary actions and use it to support the facts when an accident occurs. 20 • National Bus Trader / June, 2021
Andrea Vidmar
Finally, working with a broker and insurance carrier that know the passenger transportation industry is essential and can contribute to stable insurance costs. They will work with you to create an insurance program that fits your business needs and provide valuable resources that could favorably impact the future of your business.
Andrea Vidmar is the business development manager for National Interstate Insurance and has substantial experience with insurance for bus companies. q
Taxing Driving by Mileage by Larry Plachno This Setra S 417 paused to refuel in the Orlando area. Some lawmakers are increasingly concerned that motor fuel tax revenue will drop as more and more vehicles go electric or move away from gasoline and diesel in other ways. Hence, the increasing interest in mileage-based taxes. setra.
O
n November 13, 1789, Benjamin Franklin wrote what was probably his last great quote in a letter to JeanBaptiste Le roy, a French scientist. His words were “ . . . but, in this world, nothing is certain except death and taxes.”
More than one person has suggested that the only things that politicians have not taxed are things that they have not yet thought of. the latest idea in Washington, and elsewhere, is to tax driving by mileage since the concept of motor fuel tax is increasingly being looked at as obsolete.
Washington and Infrastructure While the concept of taxing driving by mileage is not new, it has recently received considerable attention in Washington. For several years now, there has been substantial talk in Washington on infrastructure spending. so far there has been a lot of spinning wheels but not much has been accomplished due to a reluctance to raise fuel taxes or seek other sources of revenue. recently, President Joe Biden took up the subject of creating a program to improve 22 • National Bus Trader / June, 2021
infrastructure. this resulted in questions on how it could be paid for. transportation secretary Pete Buttigieg brought up the subject of a mileage tax as a practical way to fund infrastructure improvements. Buttigieg had talked about the mileage-based approach when campaigning as a presidential candidate. He said: “We know that the gas tax is not a long-term solution anyway . . . .” He suggested that a mileage tax will be necessary to fund infrastructure improvements. While there has not been a great deal of publicity, the idea of taxing mileage has been discussed and considered in Washington for a number of years. the federal government has already issued millions of dollars in grants to projects exploring mileage tax programs in several states. a bill that passed the house last year was also endored by a senate committee and would have set up a pilot federal program. the Federal Highway administration is beginning to explore options on making a pilot program work. Both parties have been looking at ways to fund transportation infrastructure, but there has been disagreement on how to pay
for it. the recent pandemic has only made things more urgent because it has reduced motor fuel taxes. However, those people looking at a mileage-based driving tax admit that there are a set of obstacles to overcome.
Nothing New While some people might think that taxing drivers based on mileage is something new, it has actually been around for decades and state programs for automobiles go back as far as 2013.
Mileage-based taxes have been around in the bus industry for decades. Way back in the 1980s, when we owned Wisconsin Illinois stages, we had what I think were called reciprocity license plates. We kept track of our coach mileage by state for reporting purposes. this was easy for the scheduled routes since they followed the same roads and hence the state mileage was the same for every trip. While most mileage programs for automobiles are relatively recent, some go back a few years. the oldest state mileage program is in Oregon. One source says that
state interest goes back to 2001 when General motors displayed hydrogen-powered cars on the Oregon capitol grounds. this got lawmakers worried about the future of motor fuel taxes. Known as OReGO, the Oregon mileage-based program was created in 2013. Participants in the Oregon program are charged 1.8 cents per mile for trips within the state. Regular statements are provided to drivers in the program showing their road charges based on the number of miles travelled. the report also shows their fuel tax credit. the program is optional and some drivers continue to pay motor fuel tax at the pump. Washington state has a new mileage program that allows four different options in tracking mileage. Drivers can prepay for their number of miles they estimate to drive annually. in addition, mileage can be reported based on odometer readings either in-person or electronically. Drivers can also use a plug-in device that can contain GPS systems. A fourth option is using a smartphone app to record mileage.
Electric transit buses have been around for years and many are in operation in several cities. Shown here is one of the first electric coaches, the MCI D45 CRT LE that offers two entrances. The diesel powered model is already in service on some commuter routes. mci.
Utah’s program was launched last year and to date has more drivers enrolled than the Oregon program. california, Delaware, Hawaii, minnesota and missouri have pilot mileage fee programs funded by federal dollars. minnesota has a bill under consideration that would involve a hybrid system that involves a fee weighed by fuel efficiency. california has already expressed interest in ending the sale of gas-powered cars in 2035.
ers and drivers have expressed concern over obstacles and some reluctance to move ahead.
While there are both established and pilot programs based on driver mileage, lawmak-
many supporters are encouraging moving to the mileage-based tax to maintain
Pros and Cons there are a wide range of opinions on moving ahead with a mileage-based driving tax. most of the support comes from lawmakers and others seeking to increase taxes while opponents have a wide range of negatives.
Will corner gas stations go the way of the Dodo bird, high button shoes and the Scenicruiser? Will our grandchildren visit them as historical relics? This one is located near old Route 66 and is already an historical site. nbt.
funding of the nation’s crumbling infrastructure. the 18.4-cent federal gas tax has not been increased since 1993. in 2019, the motor fuel tax brought in $26 billion on gas tax and an additional $10 billion on diesel tax. because of the pandemic, receipts from the motor fuel taxes were down 9.4 percent. Even in a good year the motor fuel tax brings in $36 billion while federal spending has topped $50 billion annually. this difference is supported by transfers from the general fund. Another interesting case for the mileagebased tax is that it is more equitable for poor people. With the motor fuel tax, people who have the money to afford newer fuel-efficient cars pay less tax while the poorer people with less-efficient cars pay more tax. Hence, to some extent, the motor fuel tax charges the poor and helps the rich. You can always flip this around and note that the motor fuel tax does encourage moving to cars that are more fuel-efficient. meanwhile, there is a long list of different objections to the mileage-based tax. Perhaps the leading negative position comes from environmentalists and individuals concerned with pollution. they point out that a motor fuel tax is logical and appropriate since it discourages carbon dioxide emissions by making the people driving the most, pay the most. Under a miles-driven system, the highest emission vehicles would stand to gain a tax break. there have been suggestions that the motor fuel tax is not broken and it could be made more viable by indexing it to fuel effiNational Bus Trader / June, 2021 • 23
The destination sign on the Scenicruiser reads “Chicago Express.” While it presumably could not be fueled from any of the ancient gas pumps, it does make an interesting scene. This photo only dates back to 2010 and was taken near old Highway 66. NBT.
ciency and inflation. however, those people on the side of taxation point out that continued concentration on motor fuel taxes allows electric and other alternative fuels to avoid these taxes.
that only two percent of new cars being sold are battery powered. shifting to a mileagebased system would eliminate much of the advantage in moving to non-polluting vehicles and slow their adoption.
that this would have increased fees on electric vehicles to the highest level in the United states but given the drivers the option of avoiding the fees by joining the mileage-based program.
In a related issue, some opponents argue that the shift is premature since electric cars are still being introduced. one source says
there was opposition to a bill in Utah that encouraged more drivers to join the mileage-based program. It was suggested
this brings up the interesting question as to whether the goal is to increase taxes or discourage pollution? encouraging electric car usage while taxing by the mile is counter-productive. You essentially have to make a decision on whether you want tax money or do you want to encourage reduced pollution?
For many years, Complete Coach Works in California has offered their ZEPS battery-electric bus. It provides an economical way to get into electric bus operations by taking an existing diesel bus and rebuilding it as an all-electric, zero-emission vehicle. This particular example was built for the University of Utah. complete coach works.
an interesting side note to all of this is that the american trucking associations supports boosting the motor fuel tax before turning to a new way of raising money. I have not heard whether the bus industry has taken a stand. other opponents to a mileage-based tax point out that collection/privacy issues favor the motor fuel tax. since motor fuel taxes are paid by fuel wholesalers, it is relatively easy and inexpensive to collect. Drivers simply pay the price at the pump, with tax included, and have no other obligations. the Federal highway administration has estimated that the current motor fuel tax collection system costs between five and 18 percent of the money it brings in. In comparison, a mileage-based system would require the participation of drivers – which either increases collection costs or puts an additional burden on the drivers. It also brings up some strong concerns on privacy and data security.
24 • National Bus Trader / June, 2021
oregon’s mileage-based system provides three different options for drivers. one is administered by the state Department of
Transportation while the other two are privately run systems. With the private companies, drivers are sent a device that logs where and how much they drive or it can also get the information directly from the vehicles. The companies then send out bills to the drivers, collect the money and then turn it over to the state. Participating drivers get reimbursed for gas taxes they pay at the pump. Driver data is kept for 30 days, and drivers are given options that include not sharing data.
There are numerous fears that tracking drivers brings up concerns of “Big brother watching you.” Some people simply do not feel comfortable in having their travels tracked. While this information is supposedly secret, one questions what will happen when the police are trying to determine which cars were at the scene of a bank robbery.
Some drivers also have the additional concern that any data that can be accessed from the Internet is never really safe. What with cookies going away on the Internet, data that tracks where you go and what you buy is worth a lot of money to some companies. Even if the government does not sell your data, what will prevent those who want that data from hacking in?
Another complaint against mileagebased taxes is that rural people are put in a negative position. The first issue is that city residents can take public transportation rather than drive. This option is not available to most rural families that have no option but to drive. One has to question whether the government plans to provide
One of the objections to a mileage-based tax is that it is unfair to rural people. They not only have no public transportation but often are located on gravel or other secondary roads. This VDL articulated Citea from Europe was in a rural location because of a company photo shoot. VDL.
public transportation all over to make things equitable. Should rural areas get a break to compensate for the lack of public transportation? The other part of the concern over discrimination of rural people is that they almost always have less infrastructure costs than in the cities. Should someone living on a gravel road pay the same as those located on a first-class street or roadway?
Will gas stations evolve into electric charging stations? Unless technology evolves, this may not be possible since refueling with diesel fuel takes only a few minutes while a battery charge may take hours. Pictured is a Thomas Jouley electric bus being cleanly recharged with electricity. DAIMLER.
One of the more interesting objections to the mileage-based tax can best be described as political veracity. Can the politicians be trusted to use the taxes for what they were intended or will this just become another money grab? There is a long list of concerns and past actions.
The original income tax was supported to be temporary. Congress re-established an income tax in 1894, only to have the Supreme Court declare it unconstitutional in 1895. However, the 16th amendment of 1913 made it permanent. Politicians started a state lottery to fund schools, and then used the money elsewhere. California encouraged people to buy electric cars, and then began taxing them because they paid no motor fuel tax. Recently, Oregon limited enrollment of new vehicles into its mileagebased program to those that get 20 miles per gallon, thereby keeping the gas guzzlers paying at the pump.
One of the worst examples is in Illinois where state retirement plans have brought the state near bankruptcy and swallowed up money for other things. Instead of reforming the retirement plans, the state has been increasing taxes to pay for them which has been driving companies, jobs and workers out of the state. Would a mileage-based tax really be used for infrastructure or will the politicians use it to pay for their pet projects?
How would a move to a mileage-based tax impact the bus industry? So far I have not seen anything in print although I suspect that if the motor fuel tax morphs into a mileage-based tax, it will end up impacting the bus industry in some way. q
National Bus Trader / June, 2021 • 25
A Legal Roadmap for Vaccinating Ground Transportation Driver
Should My Company Mandate and Promote Driver Vaccines? by Matthew W. Daus, Esq. was not always the case. Initially, taxi and forhire vehicle drivers in new York City were not given priority. In early February, following pressure from the industry, state and local politicians, and my own guest editorial in the NY Daily News, “Race to Vaccinate Drivers: Cabbies and Uber Drivers Deserve Better Than What They’re Getting”5, new York State Governor andrew m. Cuomo was persuaded to allow local governments to offer vaccines for these drivers within their jurisdictions.6 new York City wasted no time expanding the group currently eligible for vaccines to include taxi and for-hire vehicle drivers licensed by the new York City Taxi and Limousine Commission, including limousine drivers and those drivers working for Uber, Lyft and Via.7
The availability of vaccines raises questions for passenger ground transportation businesses with workforces that include these essential workers. Some key questions are whether to require drivers to get the COVID-19 vaccine, does it matter if the drivers are employees or independent contractors, and how to conduct business if drivers are vaccinated, including whether to advertise that fact to customers.
One major concern is getting bus drivers and similar staff members on a priority list for receiving a COVID vaccine. Beyond this are other questions such as where an employer stands on related issues. Matthew Daus Esq. covers many of the bases in this report. man.
I
n December, the U.S. Food and Drug administration (FDa) granted Emergency Use authorization (EUa) for COVID 19 vaccines developed by PfizerBionTech and moderna. The FDa recently granted the same authorization for a vaccine produced by Johnson & Johnson and is in the process of reviewing others for EUa use in the U.S.1 Vaccines are becoming increasingly available by the day, and more and more people are becoming eligible to receive them. On march 11, President Biden announced that the country’s accelerated vaccination efforts are far enough along that all eligibility restrictions for vaccinations can 26 • National Bus Trader / June, 2021
be lifted by may 1, and he directed the states to make all adults eligible for the COVID-19 vaccine by that date.2 In his announcement, President Biden said a vaccinated workforce is “one more tool to school reopening,” and that includes school bus drivers.3
While the vaccine supply is limited, states are allocating the vaccine in phases to different segments of the population. as essential workers, professional drivers (taxi, rideshare, buses and other for-hire vehicles) have been given higher priority for immunization and are currently eligible for vaccination in some jurisdictions, including new York City.4 That
To answer some of those questions, the International association of Transportation Regulators (IaTR) recently held an online information session on COVID-19 vaccine safety and priority for transportation workers featuring Dr. David Weissman, director of the Respiratory Health Division at the national Institute for Occupational Safety (nIOSH). I co-moderated the session with Dr. Cammie Chaumont menendez, IaTR Safety Committee Chair and a senior scientist at nIOSH/U.S. Centers for Disease Control and Prevention (CDC). Weissman provided an overview of the vaccines and explained that all three available vaccines are effective at preventing serious illness, hospitalization and death from COVID-19 disease – including variant strains of the virus. He also explained vaccine priority and groups of transportation workers who have been prioritized and provided several useful resources for transportation businesses. Weissman’s presentation is available at bit.ly/3vkgHdu. This article offers a “roadmap” for transportation businesses with employee or independent contractor drivers to help navigate this rough terrain. Below are some consid-
erations for mandatory vaccination programs versus voluntary compliance.
Mandating Vaccines Requiring employees to get immunizations and vaccines is not new. Those who work in health care, schools, and other industries are regularly required to get various vaccines as a condition of employment. Whether a transportation business can require drivers to get the COVID vaccine depends on whether the driver is an at-will employee or a contract worker.
For employers, the availability of COVID-19 vaccinations raises questions about the applicability of various equal employment opportunity (EEO) laws, including the Americans with Disabilities Act (ADA), the Rehabilitation Act, Title VII of the Civil Rights Act (Title VII), and the Pregnancy Discrimination Act. According to guidance from the U.S. Equal Employment Opportunity Commission (EEOC), employers can legally – under these laws – require their employees to get the coronavirus vaccine if allowing an employee to work without it would pose a direct threat to others in the workplace. 8 However, employers must be prepared to reasonably accommodate employees who either cannot, or will not, be vaccinated due to a disability (under the ADA) or a sincerely held religious objection (under Title VII).9 For reasons related to the ADA’s restrictions on making disability-related inquiries of employees, employers who opt to mandate vaccines are encouraged to have a third party administer them rather than doing it themselves.10 By having a third party that does not have a contract with the employer – such as a pharmacy or health care provider – administer the vaccine, the employer is insulated from the pre-vaccination medical screening questions that are likely to elicit information about a disability. To avoid further triggering the ADA’s restrictions on disability-related inquiries, employers should tell employees to provide a vaccination “receipt” that does not include any personal medical information.11 Those who are vaccinated should receive a card or printout that states which COVID-19 vaccine they received and where and when they received it.12 Employers should keep the proof of vaccination in confidential files (similar to employee medical files), separate from personnel files and with restricted access. If an employee does not have proof of vaccination, asking for the reason the employee did not get the vaccine could elicit information about a disability and would be subject to the pertinent ADA standard that “disability-related” inquiries be “jobrelated and consistent with business necessity.”13 To meet this standard, an employer would need to have a reasonable belief, based on objective evidence, that an unvac-
A major concern is that vaccination information is medical information and should not be kept in regular personnel files. Employees should be asked to provide a vaccine “receipt” that does not include any other medical information. This should then be kept in confidential files similar to employee medical files.
cinated employee will pose a direct threat to the health or safety of her or himself or others.14 That is a high standard, which may be best to avoid. Some may refuse to get vaccinated because of a medical condition, pregnancy or sincerely held religious belief.15 Employers who mandate vaccinations will be required to take addition measures under the ADA to engage in the interactive process with these employees – and be prepared to make reasonable accommodations for them. The EEOC advises that employers may rely on recommendations from the CDC when deciding whether an effective accommodation that would not pose an undue hardship is available.16 Employers should also consult applicable Occupational Safety and Health Administration (OSHA) standards and guidance. 17 Up-to-date OSHA guidance for rideshare, taxi, and car services is available at osha.gov/coronavirus/guidance/industry. In some circumstances, an employer may be able to exclude a worker from the workplace lawfully even if the worker is unable to receive the vaccination because of a disability or sincerely held religious belief, and the inability to be vaccinated cannot be reasonably accommodated. This does not mean the employer may simply terminate the worker’s employment. Employers would need to determine if any other rights apply under the EEO laws or other federal, state and local authorities before taking such a step. The same would be true if an employee is unwilling to get vaccinated for reasons that are not protected by EEO laws.
Paid Time off to Be Vaccinated State and local laws may require employers to provide paid leaves of absence for
employees to receive COVID-19 vaccines, either under traditional sick leave laws or COVID-19 specific legislation. For example, New York State enacted legislation granting all public and private employees paid time off to receive the COVID-19 vaccine without having to use other types of leave.18 Under the new law, which went into effect March 15, 2021, employers will be required to give employees up to four hours of paid time off per injection. In addition to the paid leave requirements, the law bars employers from terminating, threatening, penalizing or otherwise discriminating or retaliating against an employee for exercising her or his rights under the law, including requesting a leave of absence to be vaccinated for COVID-19. The law is in effect from March 15, 2021 to December 31, 2022, but it is not retroactive. Meaning, employers do not have to compensate employees who took time off prior to March 15, 2021, to get the vaccine. However, through 2022, employees will be entitled to a “sufficient period of time,” up to four hours per vaccine – which would include second doses and possibly any subsequent booster shots if necessary. This leave cannot be charged against any other leave that the employee may have available, including sick leave. New York employers should tell employees who request vaccine leave to provide their vaccination “receipt” (which does not include any personal medical information) upon return to work. The legislation does not state whether employers can control when an employee schedules a vaccine appointment, and the state may issue guidance on that point and others after it becomes law.
Vaccines and Independent Contractors Many essential worker-drivers are independent contractors. With respect to requiring vaccines, the terms of the contracts that
National Bus Trader / June, 2021 • 27
create and govern the relationship between the worker and the company will dictate whether a vaccine mandate is permissible. A transportation business may require independent contractor (IC) drivers be vaccinated as a condition of the engagement if they include appropriate language in their contract. For current IC drivers, their existing contracts may need to be amended to allow such a mandate. Because these mandates are an aspect of control, this is an area of concern with respect to violating worker classification laws. We highly recommend a careful review of proposed or existing agreements with the assistance of legal counsel. Whether to Require Vaccines Just because the EEOC has stated that employers may require the vaccines does not necessarily mean employers should do so. In addition to AdA compliance, there are some considerations for employers before deciding whether to require employees to be vaccinated or, instead, to encourage employees to get the vaccine voluntarily on their own – including the logistics of administering a vaccine policy, the burden of managing accommodation requests, the impact on morale and the potential for litigation.
Drivers may not want to get the vaccine. These vaccines became available at warp speed and brought skepticism and controversy with them. The public seems to be getting on board with immunization. The proportion intending to receive a vaccine ranged across surveys from 42-86 percent (as of November and december 2020 polls), but hesitations and skepticism remain.19 Currently, all of the COvId-19 vaccines are only available to the public under Emergency Use Authorizations (EUA) granted
by the FdA. This is different from FdA approval. There are unknown risks associated with these vaccines,20 and there have been reports of severe allergic reaction including anaphylaxis to the vaccine.21 The Federal Food, drug and Cosmetic Act requires the secretary of Health and Human Services to “ensure that individuals to whom the product is administered are informed . . . of the option to accept or refuse administration of the product.”22 In other words, even if an employer mandates employees get the vaccine, employees still legally have the right to refuse it. Even if a driver is vaccinated, masks, cleaning and disinfection and other mitigation measures will still need to be followed. It is important to note that we do not yet know how long the COvId-19 vaccines provide protection from getting sick and whether they keep people from spreading COvId-19.23 Thus, it is possible that a driver who has been vaccinated could still spread the virus to others. Those who receive the vaccine will still be required to follow the CdC’s guidance and any federal, state or local laws related to curbing the spread of the virus in public places (wear masks, avoid close contact with others and poorly ventilated spaces, etc.). Moreover, the day after he took office, President Joseph R. Biden, Jr. signed executive orders requiring face coverings be worn on all forms of public transportation. As implemented by the CdC, this requirement includes taxis, rideshares, paratransit services and intercity buses among other modes of transportation.24 Even with vaccines, we still have a long road to normalcy. Until then, there are best practices for those in the passenger ground transportation business.
While the EEOC has stated that employees may require the vaccine, companies may not want to do this. Some drivers may not want to get the vaccine while others may want to get the vaccine on their own. Shown here is a VDL Citea which is a popular transit model in Europe. vdl.
On October 14, 2020, the International Association of Transportation Regulators issued best and accepted practices and model regulations for regulators of for-hire ground transportation regarding health, safety and resiliency in response to COvId19 pandemic, which are available at bit.ly/3eyex3O. The goal of the model regulations is to provide regulators with specific rules and guidelines based on best and accepted practices that regulators may implement through their jurisdiction’s legislative or rulemaking process or use for policymaking, administrative and/or ministerial regulatory agency actions. In developing the Model Regulations, the IATR’s COvId19 Task Force found that the majority of forhire ground transportation regulators have not imposed COvId-19-specific regulations relating to health and safety and disfavor doing so. These regulators’ practice and preference is instead to defer to their public health officials on such matters and encourage those under their jurisdiction to adhere to guidance and directives issued by those public health officials.
There is potential liability for employers. Currently, guidance from the CdC and state and local health authorities does not recommend that employers require vaccinations.25 As noted above, the vaccines are still experimental. If an employee suffers an injury from a vaccine that they only received because the employer mandated it, the employer might be liable. Injury or illness from the vaccine will likely be compensable under states’ workers’ compensation statutes. Where employers require or encourage immunization, the vaccines would benefit the employer and serve a business purpose and, thus, related claims would be covered under workers’ compensation laws. These are only some of the concerns that transportation operators should take into consideration when deciding whether to mandate or encourage drivers and other employees to get vaccinated. Another option is to remain neutral and let employees decide for themselves. Remaining neutral would not appear to create any issues for transportation businesses.
Confidentiality and Using Vaccination Status as a Marketing Tool Understandably, those in the business of transporting passengers are eager for business to return. To the extent that people have stopped using car services and buses because they are concerned about catching the virus from their driver, it is tempting to advertise the fact that your drivers are vaccinated. However, companies should resist that temptation and carefully consider the legal ramifications of making such representations to customers directly or in advertisements to the public.
28 • National Bus Trader / June, 2021
The vaccination status of a workforce, even if aggregated, would inappropriately disclose
individuals’ private information. an employee’s vaccination status is medical information that an employer must keep confidential by law. the eeOC has taken the position that any information concerning an employee's medical condition is protected under the aDa
or FMLa.26 the eeOC guidance is clear that “[t]he aDa requires employers to keep any employee medical information obtained in the course of the vaccination program confidential.”27 this would include whether a worker has received a vaccine.
Matthew Daus Esq. cautions against publishing or announcing staff vaccination status as a marketing tool. Among other things, this could inappropriately disclose employee private information. This shot of a Setra S 417 was taken on a company photo shoot in Orlando. setra.
In addition, as noted above, the CDC does not know how long the vaccine provides immunization or whether it will prevent those who have been vaccinated from spreading the virus to others.28 advertising that your drivers are “immune” or “COVID-free” could give customers a false sense of security. Many have welcomed the arrival of vaccines, and many are voluntarily getting vaccinated when they are eligible. the increasing availability of vaccines raises many questions for employers of essential workers about vaccinating employees, including mandatory vaccination policies and conducting business. Businesses that employ drivers should carefully weigh the benefits and considerations of mandating vaccines versus encouraging drivers to get them before making any policy decisions. employers should include input from management, human resources, employees and legal counsel, as appropriate. those who wish to encourage vaccines can consult CDC resources on promoting vaccination in the workplace29 (bit.ly/3tKxULg). It is predicted that the question of whether to mandate vaccines will be null because voluntary vaccination seems to be the trend. It is also possible that, if there is insufficient voluntary acceptance of the vaccine, the government could mandate it either universally or for particular sectors, such as essential workers. q
1 https://www.fda.gov/emergency-preparedness-and-response/coronavirus-disease-2019-covid-19/covid-19-vaccines 2 https://www.whitehouse.gov/briefing-room/statements-releases/2021/03/11/fact-sheet-president-biden-to-announce-all-americans-to-be-eligible-for-vaccinations-by-may-1-putsthe-nation-on-a-path-to-get-closer-to-normal-by-july-4th/ 3 https://www.whitehouse.gov/briefing-room/statements-releases/2021/03/11/fact-sheet-president-biden-to-announce-all-americans-to-be-eligible-for-vaccinations-by-may-1-puts4 https://www1.nyc.gov/site/doh/covid/covid-19-vaccines.pagee-nation-on-a-path-to-get-closer-to-normal-by-july-4th/ 5 https://www.nydailynews.com/opinion/ny-oped-race-to-vaccinate-drivers-20210120-57zqncdclnerfhujivi5lo4bwi-story.html 6 https://medium.com/@healthneed/taxi-driver-and-restaurant-workers-to-be-added-to-vaccine-list-5940c69bd2ff; https://www.vice.com/en/article/pkdmab/gig-workers-arebeing-excluded-from-vaccine-priority-list; https://www.nydailynews.com/opinion/ny-oped-race-to-vaccinate-drivers-20210120-57zqncdclnerfhujivi5lo4bwi-story.html; https://www.wsj.com/articles/new-york-restaurant-workers-can-now-qualify-for-covid-19-vaccine-11612296868 7 https://www1.nyc.gov/site/doh/covid/covid-19-vaccines.page 8 U.s. eeOC, What You should Know about COVID-19 and the aDa, the rehabilitation act, and Other eeO Laws, technical assistance Questions and answers, Dec. 16, 2020 (herein “eeOC Covid-19 technical assistance”), https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws 9 eeOC Covid-19 technical assistance. 10 Pre-vaccination medical screening questions are likely to elicit information about a disability. If the employer or a contractor on the employer’s behalf asks these questions, then employer must show that these “disability-related” inquiries are “job-related and consistent with business necessity.” https://www.eeoc.gov/wysk/what-you-should-know-aboutcovid-19-and-ada-rehabilitation-act-and-other-eeo-laws 11 eeOC Covid-19 technical assistance, Question K.2. 12 https://www.cdc.gov/coronavirus/2019-ncov/vaccines/expect.html
13 Id.
14 eeOC Covid-19 technical assistance, Question K.12. 15 https://www.cdc.gov/coronavirus/2019-ncov/vaccines/recommendations/underlying-conditions.html 16 eeOC Covid-19 technical assistance, Question K. 5.
17 Id.
18 senate Bill s2588a, assembly Bill a3354 (2021-2022 legis. session) 19 https://khn.org/news/article/poll-nearly-half-of-american-adults-now-want-the-covid-vaccine-asap/; https://www.pewresearch.org/science/2020/12/03/intent-to-get-a-covid19-vaccine-rises-to-60-as-confidence-in-research-and-development-process-increases/ 20 https://www.fda.gov/vaccines-blood-biologics/vaccines/emergency-use-authorization-vaccines-explained 21 https://www.cdc.gov/mmwr/volumes/70/wr/mm7002e1.htm
22 21 U.s. Code § 360bbb–3
23 https://www.cdc.gov/coronavirus/2019-ncov/vaccines/faq.html 24https://www.cdc.gov/media/releases/2021/p0130-requires-face-masks.html 25 https://www.cdc.gov/coronavirus/2019-ncov/vaccines/recommendations/essentialworker/workplace-vaccination-program.html 26 eeOC Covid-19 technical assistance, Question K.1; 42 U.s.C. § 12112(d)(3)(B) and 12112(d)(4). 27 eeOC Covid-19 technical assistance, Question K.1. 28 https://www.cdc.gov/coronavirus/2019-ncov/vaccines/faq.html 29 https://www.cdc.gov/flu/business/promoting-vaccines-workplace.htm
National Bus Trader / June, 2021 • 29
Notes on Going Backwards by Dave Millhouser
Virtually all of the experts agree that the most dangerous thing to do in a bus is backing up. While mirrors and a backup monitor can be of great help to a driver, both a walk-around and a helper spotting are recommended. This photo comes from a bus roadeo at Compass Coach. compass coach.
B
am! The whole bus shook and came to an abrupt stop. I was backing a brand new demonstrator coach into a slot next to a building. This had involved pulling uphill on a side road, then backing across a busy street.
That is never a good idea, but the entertainment was just beginning. assuming the 30 • National Bus Trader / June, 2021
coach had bottomed out, I pulled forward, waited for a gap in traffic and started down again. This time a pedestrian ran into the street, waved his arms and yelled, “You're just going to ram that telephone pole again.”
pairs? a “stealth pole” had lurked nearby, ready to pounce and bit me on the bussy butt. once again proving that I can still serve as a bad example, let us enjoy a few of the things I did wrong.
Well heck, before beginning the maneuver I had spotted a pole and kept it in view the whole time. Who knew they hunted in
When you have just gotta go backwards, it is better to back from the busier to the less busy road. It was not possible in this case,
so when backing, it is always good to have a spotter. backup cameras are good, but not perfect. Come to think of it, neither are spotters. Years ago, backing a scenicruiser into a tight space, my spotter continued to wave me backward well after an overhang had punched through the rear window. things might have gone better if he had been a bit more observant, or if i would have walked around before maneuvering. bus drivers need to understand that they are like captains of a ship – the ultimate responsibility is theirs, not the person directing them. a modern version of this tale might involve a bus with a vertical exhaust stack being parked under a tree limb. a “regen” could produce fiery fall colors nearly any time of the year. When you just can not get someone to spot for you, the walk around becomes darn near mandatory, providing the opportunity for a driver to spot potential targets. any time backing was going to be necessary, i tried to get someone else to drive. Failing that, i attempted the “instrument approach” scanning the whole area for potential problems before maneuvering. i once was asked to park an eagle demo on a beach, so a photographer could shoot pictures for a brochure. Wandering onto the sand before backing in would have let me know that, near the water, it was very squishy. as the tide came in, the “squishy” marched steadily towards the drive axle of the bus. if the photographer had not noticed the surf ruining his shots, that demo might still be half buried on Padre island. as it was, a great deal of cursing and spinning wheels could have been avoided by simply walking around the intended parking spot.
Dave Millhouser once backed an Eagle down to the beach at South Padre Island for a photo shoot. The Eagle nearly did not make it back as the tide came in and the bus started sinking into the sand. Shown here is the resulting brochure made from that nearly disastrous photo. dave millhouser.
this holds true any time your bus is going “off-road.” make sure the surface can bear the weight before you pull onto it. most modern coaches have remotely controlled mirrors, allowing drivers to adjust them to suit the situation. it is silly not to use this feature. bear in mind that a backup camera is compromised if the lens is dirty. even if you clean them every day (and that is a good idea), in bad weather they can quickly become opaque so drivers can not count on them.
that opportunity. When you must back, watch the front end so that it does not “reach out and touch someone.” remind yourself that you are driving the equivalent of a giant forklift, with the steering wheels in the rear. You knew that, but it is worth repeating. back in the day (in this case a pun that means the “statute of limitations” has run out), a friend had an mC-8 on a nighttime charter in Washington d.C. on the opposite side of the city from his garage, its automatic transmission burped and refused to advance any farther, but reverse worked fine.
it is worth noting that many 45-foot coaches have steerable tag axles. on some models, the tags lock in place when reverse gear is selected, preventing the tires from jamming sideways and damaging the axle. rolling backwards in neutral can break expensive suspension parts. in addition, backup beepers only sound when reverse is engaged, so coasting backwards is never wise.
he found alternative transportation for his passengers, then backed the bus all the way across Washington. on the one hand, this is a really bad idea, but on the other, isn’t it fun picturing the looks he got as he made his way backwards across our nation's capital? imagine him pulling up next to you at a traffic light.
if you are able to maneuver or park a coach so that backing can be avoided, seize
there is a metaphor in there somewhere. q
Any backup movement or location with tight clearances calls for special care by the driver. Posts, roofs, overhangs and other obstacles have a bad habit of attacking buses if you are not careful. This photo was taken at the old MCI facility in Orlando several years ago. nbt.
National Bus Trader / June, 2021 • 31
Photographs
Readers and advertisers are encouraged to send in photographs or slides of buses or equipment that may be of special interest to our readers. Please, include a list explaining what makes the pictured item different, unusual or interesting.
Photos should be sent to N ATIONAL B US TRADER, 9698 West Judson Road, Polo, Illinois 61064. Please indicate if you would like your picture returned. Picture usage is dependent on the quality of the photo and space available.
The people from the Hershey, Pennsylvania bus museum displayed a Scenicruiser at the recent UMA Motorcoach Expo in Orlando that had been restored by Ash Dovel. Here are some additional photos that did not get into the article.
At left: The restoration of the Scenicruiser was as good on the inside as it was on the outside. Here is a photo taken during the Expo while the coach was on display.
Below: ABC Companies graciously allowed the museum people to prep the bus at their Winter Garden facility prior to the Expo. When is the last time you saw a Scenicruiser in a garage next to a new Van Hool?
32 • National Bus Trader / June, 2021
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Safety and Liability by Ned Einstein Defending Contractors Part 3: The Whistleblower’s Song
A few months ago, 85 percent of the nation’s motorcoach fleet lay around collecting dust. As noted in a former installment of B US T RADER (see N ATIONAL https://transalt.com/article/motorcoachsurvival-in-the-age-of-covid-19-part-3-theend-of-charter-and-tour-service-for-now/), the fat charter and tour sectors of yesteryear are gone – at least for some time. If ridership on the mode (transit) transporting our tired, poor and huddled masses has shrunk by 10 percent in each of the two years preceding COVID-19, one can expect far fewer motorcoach joyrides.
Private contracting should explode. As we struggle to bounce back, limited stimulus funds notwithstanding, it would help to know what we are in for. Reducing bloated public sector transportation costs are likely a part of that future. In response, private contracting should explode. This does not mean the operating environment will be rosy, or even coherent.
Before exploring a vision of the motorcoach industry’s future, it is illustrative to examine the operating environment and dynamics of the worst sector of public transportation – non-emergency medical transportation (NEMT) service – a sector slathered in fraud and waste, whose services might operate at 10 percent of their possible efficiency on a good day. Staying afloat as a contractor in this sector is not survival of the fittest. It is survival of the lucky – and of those willing to commit the greatest number of safety compromises (see https://www.safetycompromises.com/). Indemnified by their contractors, why should funding agencies or their brokers care?
In the first two installments of this series, I explained how the NEMT sector is structured and how it got there. Now we shall examine how it works, and the plight of contractors unfortunate enough to be stuck in it. As other sectors are increasingly leaning in this direction, I hope N ATIONAL B US TRADER readers take note. 34 • National Bus Trader / June, 2021
Piecework and Poverty Few Americans remember the era of piecework in factories. In other sectors, some workers (e.g., farmer laborers picking fruit) still operate on this basis. Forget getting paid for one’s time. Forget about fringe benefits. Forget about being treated with decency. Forget about any one’s economic survival, and forget about esoteric annoyances like concerns about safety. NEMT contractors, their employees and/or their passengers receive none of these things.
As the healthcare agencies and their brokers distribute trips almost at random, forget about making money by grouping trips. As bad as software is at scheduling demandresponsive trips, it is far worse in an environment devoid of any understanding of transportation rudiments like density, location or travel speed. Reflecting a disregard for transportation reality, healthcare agencies and their brokers are paid on a per capita basis – a fixed sum for each certified passenger in the service area, irrespective of how often each one travels, or how far they go when they do. Particularly where brokers are involved, their only meaningful transportation-related costs involve what they pay their service providers. They are encouraged, as a formal contract requirement with their healthcare agencies, to pay them as little as possible. As a result, what the broker does not spend on the actual provision of service, it gets to keep – which is most of these funds.
Fasting During a Famine The most mindless transportation operating environments contain at least some notions of time and space – not NEMT service. Common examples of NEMT operating dynamics include:
• NEMT providers are paid only when the vehicle is moving, with at least one passenger on board. Unlike taxicabs, NEMT vehicles contain no meters. When the vehicle is not moving, operators earn nothing.
• No consideration is given to the number of contractors engaged, much less to where their vehicles are stored, where within the service area they generally operate, where they can operate most efficiently or even how large and varied their fleets are – or even what percentage are wheelchairaccessible. The fact that not all vehicles are required to be accessible (as they are in transit and motorcoach service) further compli-
cates the chaos in trip assignment, scheduling and dispatching – since all clients do not need accessible vehicles, and many service providers purchase and deploy as few as pos-sible to reduce their costs.
• Most healthcare agencies (not even transportation bureaucracies) give their brokers a list of service providers to choose from, instruct them to “negotiate” the lowest rates among them and engage the cheapest of them consistent with almost no notions of anything else. No thought is ever given to the fact that those charging the lowest rates may need to travel the furthest (because of their general operating locations, fleet size and composition, etc.) This dynamic effectively translates the lowest rates into the highest costs. Such factors are not a concern to brokers. They typically use every service provider on the list. • Many service providers engaged have no experience whatsoever providing any type of transportation. They must simply meet the minimal regulatory requirements for licensing, vehicle registration, insurance and a few other administrative formalities. Similarly, no training is often required for their drivers. • Encouraged to reduce overall costs by the healthcare agencies that engage them, brokers do the opposite. If they reduced costs, they would receive lower gross revenues the following year. Not inclined to cut their own throats, they never reduce costs. Instead, they increase gross costs. They increase their share of the net costs by continually finding and refining new ways to bilk their service providers.
• Brokers are usually asked to evaluate the capabilities of the providers they choose – although never given any meaningful guidance for balancing the quality of these providers with their costs. When “negotiations” even occur, they usually take the form of “take-it-or-leave-it.” Yet so swollen with profits are brokers and so motivated to increase overall costs from year to year, they often take whatever the service providers offer.
• Those service providers engaged, who manage to survive, do not reflect the survival of the fittest. They reflect a combination of luck and a willingness to abandon almost every principle of safety in order to comply with the ignorant and ran-
Safety and Liability dom rules under which they are forced to operate – rules which literally punish them for engaging in safety practices. Yet even when committing every safety compromise possible, as often as possible, a service provider still runs the risk of being penalized for late arrivals and other failures (like deploying a non-accessible vehicle to transport a wheelchair user) caused by the broker’s incompetence and/or reckless disregard in the performance of basic operating functions like trip assignment.
Many service providers are not permitted to decline trips assigned to them. • Compounding this chaos, many service providers are not permitted to decline trips assigned to them – within a trip assignment process that is effectively random to begin with, as noted. So denying the provider the right to decline a trip which its drivers and vehicles cannot possibly provide on time (forget any concern for safety) effectively conditions that provider’s survival on the continual commission of safety compromises, and effectively dooms the provider to confront the risks into which such requirements unavoidably translate.
• Often, punishment takes the form of giving the offending provider fewer trips – which only makes things worse for that provider as well as fellow providers which are often burdened by these additional trips (which, again, they cannot decline and which are often randomly distributed to them). Obviously fleets cannot expand and contract quickly enough to accommodate these whims. This imbalance unavoidably has an impact on the on-time performance and ride-times (much less the safety) of those clients shifted around, and others whose schedules become even tighter as a result. Such things are of no concern to a healthcare agency or its broker – or would be even if either of them understood the consequences of these dynamics.
• With no knowledge of transportation, agencies and brokers have no means of genuinely monitoring the on-time performance of service, much less other elements of service quality (like boarding and alighting assistance, or wheelchair securement). Instead, they employ a net of “liquidated damages” ostensibly designed to deter poor performance (like lateness) – which is the direct result of the ignorance and disinterest of the agency or broker.
• Even if or when these “violations” are the fault of a service provider, it would cost that provider far more to investigate and refute the often huge number of minimal charges than to simply pay them. Further, with the impunity which brokers have, a provider would be foolish to refute an “assessment.” The broker could instantly put the provider out of business simply by assigning fewer or more difficult trips to it – like long trips to isolated destinations in different directions with enormous deadhead time, and impossible to group.
• In many cases, service providers are not even permitted to appeal assessments as a formal condition of their contracts with the broker. Liquidated damages are simply another ruse to bilk the service providers – funds which, again, the broker gets to keep.
• Other damage assessments can be worse. For example, some agencies or brokers pay their service providers nothing for trips that arrive to their destinations late. Unable to monitor actual pick-up and dropoff times compared to scheduled pickup and drop-off times (child’s play with a driver’s log that contains the information to permit such a comparison – which no broker has its providers use), these agencies and brokers often base these penalties on undocumented complaints received from the facilities to which vehicles arrived late. Of course, once again, it is almost always the fault of the agency or broker that trips are late, since these parties assign the trips. Drivers must balance off the potential for speeding tickets and mayhem with the hope of retaining their jobs by arriving on time. The fact that mowing down a pedestrian usually translates into years in prison is an afterthought. In contrast, no one ever spends a night in jail for tipping over a wheelchair, irrespective of the outcome; those genuinely responsible for this carnage (i.e., the healthcare agencies and brokers) lie far beyond the reach of our justice system.
Many drivers rarely transport more than one passenger at a time. • In theory, at least, an occasional service provider with some luck might be able to actually prosper in such an environment if it had anyone capable of scheduling intelligibly. Few NEMT providers do. Of course, neither the healthcare agency nor its broker teaches them how to do this, or helps them by assigning them a coherent batch of trips that might match their capability to schedule
them efficiently. Even if the service providers could schedule trips efficiently, this ability is squandered by the random nature of trip assignment and the disinterest of the agency or broker in any temporal or spatial variables related to the provider’s fleet, the trip, its origin or destination, or its needed arrival time. In this environment, few trips are actually scheduled at all. Most are simply dispatched. Many drivers rarely transport more than one passenger at a time. Of course, the rate structure imposed on victims is based on an assumption about some percentage of trips provided on a shared-ride basis.
• Some practices are so stupid that they seem as though they were designed to deliberately make the provision of service impossible. For example, some agencies and brokers “rotate” trip assignments among the service providers – undercutting their ability to familiarize themselves with the shortest routes between origins and destinations, and destroying the providers’ ability to learn how to schedule their trips, much less efficiently. Commonly, the same service providers are not even assigned both the outbound and return segments of a client’s trip. This dynamic also compromises a provider’s ability to learn about the passengers’ needs (which it does not do because the healthcare agency and broker violated the HIPAA Business Associates Amendment). This, too, is of no interest to the healthcare agency or broker. They do not carry “passengers;” they simply let their providers move around randomly-assigned profit-making chits, from which the agencies and brokers derive most of their profits.
• Many drivers are actually paid by the trip – and often a percentage of what their employer earns from the trip. Often, the liquidated damages assessed to their employers when the trips are late (or otherwise deemed
Owners, dispatchers and other managers are commonly forced to drive. deficient, unilaterally, by the agencies or brokers) are deducted from their salaries. • So chaotic is trip assignment, and so unprofitable is service, that owners, dispatchers and other managers are commonly forced to drive – essentially eliminating the skeleton of already-overwhelmed management altogether. (This is known as “scavenging the dispatch office.”) In many systems – particularly small ones – the dispatcher is the National Bus Trader / June, 2021 • 35
Safety and Liability owner, who accepts trip assignments and dispatches trips to all the vehicles in the system while driving.
• The complexity of soliciting, evaluating and hiring a broker is time-consuming – even while fewer and fewer potential brokers bother to respond to the increasingly unintelligible RFPs issued by healthcare agencies – and occasionally other nontransportation bureaucracies. In one state, until recently, MediCare funds were disbursed to its Department of the Treasury. Frankly, few brokers can meet the criteria deliberately designed to limit potential bidders. The dysfunctional operating contracts are usually just rubber stamped one contract period after the next, often with few of no changes.
• Every contract requires the service provider to indemnify the lead agency or broker – even when the fault for an incident is entirely the healthcare agency’s or brokers fault. Why should an agency or broker care about any of these things?
• Finally, neither passengers nor the facilities they attend have any choice of a service provider – so a service provider’s safety and on-time performance has no effect on the number of trips it provides or the money it makes (or loses) – much less anything related to safety. Instead, those who commit the most safety compromises make the most money and have the best chance of pleasing their brokers (which can translate into more trips assigned to them). In simple terms, the best providers make out the worst, and the worst ones make out the best.
73.6 percent of all wheelchairs transported on transit buses are either improperly secured or not secured at all. Consequences and Carnage It is hardly a wonder that wheelchair tipovers occur regularly in this mode. For comparison purposes, 73.6 percent of all wheelchairs transported on transit buses are either improperly secured or not secured at all 1 – while these service providers and their drivers are paid by the hour. It is not hard to understand why few wheelchairs are ever secured in NEMT or other nonemergency transportation services (like 1
demand-responsive Medicaid and Veterans Administration services). The reasons they are so rarely held accountable will be covered in the next installment in this series that addresses the extraordinary failure of – ahem – attorneys to hold these agencies, and particularly their brokers, accountable.
As an expert witness involved in an estimated 150 cases involving wheelchair tipovers, I have examined vehicles in which I was prepared to testify that no wheelchair ever transported in them had ever been secured. In a few cases, I was prepared to testify that no vehicle in the defendant’s entire fleet had ever transported a wheelchair that was secured. Alas, my opportunities for such testimony are rare. I last testified at trial in a wheelchair securement case in 2002 – about 100 such cases ago.
More interestingly, many securement failures are not even the driver’s fault. Much of the missing, broken or mismatched components I find during a vehicle inspection make it impossible for the driver to secure a wheelchair (or its occupant into it) at all, much less according to regulatory requirements. Even when the securement system is completely intact and operable, securement is still rare because the vehicles are almost always running behind schedule. In the estimated 150 wheelchair tipover cases I have been involved in, I do not remember a single case where the vehicle was not running behind schedule. In the middle of one paratransitrelated class action lawsuit in which I was involved (related to poor on-time performance), the software developer popped into town and “tweaked” its software’s scheduling algorithm to increase travel times by 30 percent. Imagine what providing service was like before this tweak. Unlike NEMT service, those service providers were paid by the hour – and, thus, paid for the time their drivers did things when the vehicle was not moving. Not paid when the vehicle is not moving, and in an environment where class action lawsuits are rare, the on-time performance of NEMT service is hazy, and often mysterious.
Sabotage and Savagery Is it easy to see why securing wheelchairs or providing passenger assistance in such an environment is a rarity? What I commonly find are missing parts, mismatched parts, broken parts or components rusted in place in the floor hardware. I commonly find the dimensions of the securement areas too small in which to secure any wheelchair. I commonly find them without lap belts or shoulder harnesses. In these cases, drivers are not at fault when a wheelchair keels over during a mild turn or when – while speeding and tailgating
Fall & Colleagues, in a 2012 study of transit trips from 2007 to 2009.
36 • National Bus Trader / June 2021
Is it easy to see why securing wheelchairs or providing passenger assistance in such an environment is a rarity? – the driver must slam on the brakes because the vehicle in front came to an unexpected (or often completely predictable) stop. Understanding the twisted, surrealistic and corrupt operating environment in which these service providers are forced to operate, it is understandable why their owners so often sabotage a driver’s ability to secure a wheelchair. Already being bilked and forced to operate in Wonderland, they cannot realistically be expected to donate still more time for which they are not paid – even while doing so for this purpose is “reasonable and prudent” as a legal matter.
There are also quite a few legal curiosities among this labyrinth of insanity. For starters, few NEMT drivers are employees, but instead, gig workers. Yet how can one be a gig worker when he or she is forced to work because his/her employer cannot decline a trip assignment? Needless to say, NEMT services experience constant driver shortages. As a result, many drivers work an unconscionable number of hours (which they must do for other reasons, given how little they are paid). Not only are they not paid for overtime work, they are rarely paid fringe benefits of any kind.
In NEMT-related lawsuits I served on 15 years ago, the brokers in a typical major city raked in about $500 million a year. Those companies operating statewide likely captured five to 10 times this total. Keep in mind that most of this income was, and increasingly is, profit. Those companies that actually provide the service are penniless pawns. Most of the exceptions must commit safety compromises as regularly as they breathe. In fact, during my years in the NEMT business in the 1980s, one classic joke was the central hiring question asked of a potential NEMT driver: “Can you breathe?” Otherwise, fast-forwarding this extravaganza of fraud and waste to 2021, it is interesting to conjecture how close the total sum of fraud and waste seems to come to the sum which, until recently, our country was debating as its stimulus bill. This is for a transportation sector few people beyond its immediate victims (and those associated with their trips) have ever heard of.
Safety and Liability If you have no problems with your local transit agency being placed in charge of your community’s ballet, then you should have no problems with the dynamics outlined above. The history of healthcare agencies and brokers is not very different (see https://transalt.com/article/defendingcontractors-part-2-the-history-of-contracting-and-brokerage/).
What is to Come In future installments, I will discuss a major factor that helps to explain the lack of accountability this sector faces – lawyers. Then, I will outline the less-challenging (yet still-challenging) operating environments which most motorcoach operators (and school bus companies) face as contractors. Finally, I will devote considerable time – possibly several installments – explaining what contractors and their carriers can do to cope with these challenges. Consistent with the title of this series, I will overview some key components for a contractor and its carrier to defend the contractor in a lawsuit where it was victimized by errors and omissions by the transit agencies, school districts and other public agencies which engaged it.
Find something else to do for a living. Such advice is at least possible in most transportation modes. In contrast, I usually receive at least one call a month from some poor soul looking for help to enter the NEMT field. My response usually involves a short paragraph, as gentle as it can be: You will not likely appreciate this advice. And you may disregard it for any number of understandable reasons. But it is the best advice anyone you ever meet will ever give you: Find something else to do for a living.
Truer words were never spoken. Stay tuned, readers. Thank your stars that you are not in the NEMT field. Compared to the challenges of that sector, those challenges you face are like crayon marks or mosquito bites. The opinions expressed in this article are that of the author and do not necessarily represent the
opinions of NATIONAL BUS TRADER, Inc. or its staff and management. q Ned Einstein is the president of Transportation Alternatives (transalt.com [1]), a public transportation consulting/expert witness firm. Einstein (einstein@transalt.com) specializes in catastrophic motorcoach accidents.
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!ƏǼǼ ɎȒ ƫȒȒǸ ɵȒɖȸ ǕȸȒɖȵ ɎȒɖȸ ɎȒƳƏɵٍ ۴ גזזٮובאٮבא۴ !ƏɀɎǼƺIƏȸȅɀِƬȒȅ National Bus Trader / June, 2021 • 37
Classified Visit National Bus Trader’s Online Classified Ads at www.busmag.com Classified ad rate is $30 per issue for first 25 words, 25 cents for each additional word. Rate includes Internet access. Name, address, zip and phone number are not included in word count. The total number of words in a classified ad can not exceed 70. Rates apply on each ad individually – the rate for multiple insertions is the total of each ad figured individually. Free classified ads are acceptable ONLY when submitted on or with your free classified ad certificate. Display advertising rates on request. 1 – BUSES WANTED 1940s White Model 788 or 798 wanted. 12 cylinder engine mounted under floor midship. Would like a complete original bus, but like to hear about parts buses. Contact Howard Lane, Hardwick MA 01037 at (413) 477-8790 or I howard.lane@comcast.net. Seeking 102D3 converted by Custom Coach. Prefer motor home interior with side aisle or semi-side aisle. Please provide details by e-mail to safety@busmag.com or phone Larry at (815) 946-2341. 2 – COACHES FOR SALE 1955 PD4501 #403 GM coach Scenicruiser Greyhound bus. 318 Detroit engine (runs), manual 4-speed, extra parts. $8,000. Contact Danny Flaherty, 9041 E Staring Lane, Eden Prairie MN 55347 at DannyFlaherty@gmail.com or (952) 836-8999. I Please mention National Bus Trader when answering advertisers
5C – MISCELLANEOUS BUSES 1982 BBC/GMC HR150G trolley bus. Brown-Bovari controls, running condition. Must dispose due to space limitation. Make offer. Contact Dale@trams.ca or I phone (604) 325-9990 in Vancouver. 6 – MOTOR HOMES FOR SALE 2000 MCI DL3 Custom Coach conversion. Detroit Diesel engine and Allison trans. Sleeps 4-6, BA, shower, microwave, refrigerator, stove, generator, 4 aux. AC units, 2 flat-screen TVs, DVD, Bose speakers. No slides. Customize to suit. 185,208 original miles. Asking $72,500. All serious offers considered. Call (610) 868-6001, Ext 115. More pics and details at transbridgelines.com/busesfor-sale. I 1956 Flxible coach – old conversion. Phone (802) 948-2886 in VT for details. I MCI MC5A ’67 (shell). 8V-71, 4-speed. For sale to highest bidder. Call (928) 358-6415 or (505) 713-9242 in AZ. I ’67 Flxible. Converted, 6V-92, 10-spd./OD, diesel generator. Recent $10,000 rebuilt – rebushed. Don’t see well; can’t drive and enjoy. Best offer over $17,500. Needs I TLC. Phone Chet at (269) 445-0641 in MI. 10 – PARTS AND EQUIPMENT 8V-71 Detroit engine & 4-speed transmission out of 4106 – needs rebuilt; (2) gear driven alternators. Phone (724) 678-1206 in PA. I Next Deadline – June 15 for August issue
Advertiser’s Index APTA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Alexander-Dennis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Castle Farms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 Complete Coach Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Don Brown Sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Dupree . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
FMCA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Irizar USA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Midwest Bus Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Motor Coach Industries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Royal Star . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Temsa Global . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
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10 – PARTS AND EQUIPMENT 6V-92T Detroit Diesel engine. Fresh overhaul. In storage. Spent $4,700. Make offer. Phone (815) 262-0587 in IL. I 14 – NOTICES Visit our 40+ vintage buses at Lakewood NJ Bus Terminal Saturdays. Join Friends NJ Transport Heritage Center. www.friendsnjthc.org. Annual dues $30. Call Tom at (732) 833-1213. I 15 – MISCELLANEOUS Wanted: Original upholstery for AC Transit 800-900 Series Fishbowl. Gold and blue striped pattern used on bucketstyle seats. Used seat covers acceptable. Contact Ed at enapiwoc@aol.com. I
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Down The Road
Coming events of interest to readers of NATIONAL BUS TRADER. Submissions for the department should be directed to the editor. Unless otherwise indicated, events are not open to the general public.
July 7-10, 2021. FMCA's 103rd International Convention and RV Expo. Cam-Plex Multi-Event Facilities, Gillette, Wyoming.
August 25-29, 2021. Flxible Bus Rally. Mohican Adventures Campground, Loudonville, Ohio. For more information visit flxibleowners.org
November 7-10, 2021. American Public Transportation Association (APTA) EXPO 2021. Orange County Convention Center, Orlando, Florida. For information visit aptaexpo.com.
November 14-18, 2021. NTA Travel Exchange. Cleveland, Ohio.
March 15-18, 2023. FMCA's 107th International Convention and RV Expo. Georgia National Fairgrounds and Agricenter, Perry, Georgia.
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