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 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.

“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 PatrickScully, we are well positioned for continued growth. ”

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.

“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 capabilities 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 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.

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.

“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-

KenPresley

PatrickScully

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.

The 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 number 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. Awelcome special guest was Wayne J. Smith, the original founding executive director.

Atraditional Sneak Preview of the exhibit floor took place from 4:30-6:30 p.m. on

Thursday. As in the past, the exhibit floor was open all day on Friday from 10 a.m. to 5p.m.OnSaturday,theexhibithallwasopen 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 bigcoachfeaturesincludingairridesuspension, 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 AllisonB500transmission.Temsaalsooffers 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 12year battery warranty. National Coach Sales showedalargercutawaynamedtheir“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/AntiqueCarClubofAmericaMuseum has been to promote the history of the bus industry.Hence,themuseumgroupbrought 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.

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

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.

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.

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. This larger cutaway was displayed by National Bus Sales. Known as their Ultra Coachliner, it offered substantial underfloor luggage capacity and other features.

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.

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 NATIONAL BUS

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 NATIONAL BUS TRADER for more details.

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 NATIONAL BUS TRADER 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 NATIONAL BUS TRADER 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

Commercial Auto Insurance Costs and Can You Control It?

Insurance. 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.

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.

by Andrea Vidmar Business Development Manager,National Interstate Insurance

Andrea Vidmar

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.

On 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. ”

Morethanonepersonhassuggestedthat 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 sincetheconceptofmotorfueltaxisincreasingly 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 severalyearsnow,therehasbeensubstantial talk in Washington on infrastructure spending. so far there has been a lot of spinning wheelsbutnotmuchhasbeenaccomplished 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 infrastructure. this resulted in questions on how it couldbe paidfor. 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,theideaoftaxingmileagehasbeen discussedandconsideredinWashingtonfor a number of years. the federal government has already issued millions of dollars in grants to projects exploring mileage tax programsinseveralstates.abillthatpassedthe houselastyearwasalsoendoredbyasenate 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 lookingatamileage-baseddrivingtaxadmit 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 ownedWisconsin Illinois stages, we had what I think were called reciprocity license plates. We kept track of ourcoachmileagebystateforreportingpurposes. 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.

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 mileagefeeprogramsfundedbyfederaldollars. minnesota has a bill under considerationthatwouldinvolveahybridsystemthat involves a fee weighed by fuel efficiency. california has already expressed interest in ending the sale of gas-powered cars in 2035.

Whiletherearebothestablishedandpilot programsbasedondrivermileage,lawmakersanddrivershaveexpressedconcernover obstacles and some reluctance to move ahead.

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.

Pros and Cons there are a wide range of opinions on movingaheadwithamileage-baseddriving tax.mostofthesupportcomesfromlawmakersandothersseekingtoincreasetaxeswhile opponents have a wide range of negatives. many supporters are encouraging moving to the mileage-based tax to maintain 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 havethemoneytoaffordnewerfuel-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,thereisalonglistofdifferent 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 effi-

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.

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 continuedconcentrationonmotorfueltaxesallows electric and other alternative fuels to avoid these taxes.

In a related issue, some opponents argue that the shift is premature since electric cars are still being introduced. one source says 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. there was opposition to a bill in Utah that encouraged more drivers to join the mileage-based program. It was suggested 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. 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? 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 havenotheardwhetherthebusindustryhas 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 estimatedthatthecurrentmotorfueltaxcollectionsystemcostsbetweenfiveand18percent 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. oregon’smileage-basedsystemprovides three different options for drivers. one is administered by the state Department of

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.

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 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?

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

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.

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.

A Legal Roadmap for Vaccinating Ground Transportation Driver

Should My Company Mandate and Promote Driver Vaccines?

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.

In 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 EUause 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 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 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.

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-

by Matthew W.Daus,Esq.

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 accommodateemployeeswhoeithercannot, or will not, be vaccinated due to a disability (undertheADA)orasincerelyheldreligious objection (under Title VII). 9

For reasons related to the ADA’s restrictions on making disability-related inquiries of employees, employers who opt to mandatevaccinesareencouragedtohaveathird party administer them rather than doing it themselves. 10 By having a third party that doesnothaveacontractwiththeemployer–suchasapharmacyorhealthcareprovider–administerthevaccine,theemployerisinsulated 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, employersshouldtellemployeestoprovide avaccination“receipt”thatdoesnotinclude any personal medical information. 11 Those who are vaccinated should receive a card or printoutthatstateswhichCOVID-19vaccine they received and where and when they received it. 12 Employers should keep the proofofvaccinationinconfidentialfiles(similartoemployeemedicalfiles),separatefrom personnel files and with restricted access.

If an employee does not have proof of vaccination, asking for the reason the employeedidnotgetthevaccinecouldelicit 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 unvaccinated 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 theADAtoengageintheinteractiveprocess with these employees – and be prepared to makereasonableaccommodationsforthem.

The EEOC advises that employers may relyonrecommendationsfromtheCDCwhen decidingwhetheraneffectiveaccommodation that would not pose an undue hardship is available. 16 Employers should also consult applicable Occupational Safety and Health Administration(OSHA)standardsandguidance. 17 Up-to-date OSHA guidance for rideshare,taxi,andcarservicesisavailableat osha.gov/coronavirus/guidance/industry.

Insomecircumstances,anemployermay 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 reasonablyaccommodated.Thisdoesnotmean 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.Thesamewouldbetrueifanemployee is unwilling to get vaccinated for reasons that are not protected by EEO laws.

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.

Paid Time off to Be Vaccinated

Stateandlocallawsmayrequireemployers 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.

ThelawisineffectfromMarch15,2021to December 31, 2022, but it is not retroactive. Meaning,employersdonothavetocompensate employees who took time off prior to March 15, 2021, to get the vaccine. However, through2022,employeeswillbeentitledtoa “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 employeemayhaveavailable,includingsick leave. New York employers should tell employeeswhorequestvaccineleavetoprovide their vaccination “receipt” (which does notincludeanypersonalmedicalinformation) uponreturntowork.Thelegislationdoesnot statewhetheremployerscancontrolwhenan employee schedules a vaccine appointment, andthestatemayissueguidanceonthatpoint 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

create and govern the relationship between the worker and the company will dictate whether a vaccine mandate is permissible. Atransportation business may require independent contractor (IC) drivers be vaccinated as a condition of the engagement if they include appropriate language in their contract.ForcurrentICdrivers,theirexisting contracts may need to be amended to allow suchamandate.Becausethesemandatesare anaspectofcontrol,thisisanareaofconcern 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.InadditiontoAdAcompliance,thereare 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 controversywiththem.Thepublicseemstobegetting 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 Servicesto“ensurethatindividualstowhom 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 knowhowlongtheCOvId-19vaccinesprovide protection from getting sick and whether they keep people from spreading COvId-19. 23 Thus,itispossiblethatadriver 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 thevirusinpublicplaces(wearmasks,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 requirementincludestaxis,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 thoseinthepassengergroundtransportation business.

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 regulationsistoprovideregulatorswithspecific rules and guidelines based on best and accepted practices that regulators may implement through their jurisdiction’s legislativeorrulemakingprocessoruseforpolicymaking, administrative and/or ministerialregulatoryagencyactions.Indeveloping 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 doingso.Theseregulators’practiceandpreference 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.

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.

There is potential liability for employers. Currently, guidance from the CdC and state and local health authorities does not recommendthatemployersrequirevaccinations. 25 As noted above, the vaccines are still experimental.Ifanemployeesuffersaninjuryfrom avaccinethattheyonlyreceivedbecausethe employer mandated it, the employer might beliable.Injuryorillnessfromthevaccinewill likelybecompensableunderstates’workers’ compensation statutes. Where employers requireorencourageimmunization,thevaccines 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 employeestogetvaccinated.Anotheroption 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 businesstoreturn.Totheextentthatpeoplehave 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 legalramificationsofmakingsuchrepresentations to customers directly or in advertisements to the public.

Thevaccinationstatusofaworkforce,even ifaggregated,wouldinappropriatelydisclose

individuals’ private information. an employee’svaccinationstatusismedicalinformationthatanemployermustkeepconfidential by law. the eeOC has taken the position thatanyinformationconcerninganemployee ' s medicalconditionisprotectedundertheaDa or FMLa. 26 the eeOC guidance is clear that “[t]he aDarequires employers to keep any employeemedicalinformationobtainedinthe course of the vaccination program confidential. ”27 thiswouldincludewhetheraworker hasreceivedavaccine.

Inaddition,asnotedabove,theCDCdoes not know how long the vaccine provides immunizationorwhetheritwillpreventthose whohavebeenvaccinatedfromspreadingthe virustoothers. 28 advertisingthatyourdrivers are “immune” or “COVID-free” could give customersafalsesenseofsecurity.

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

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.

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

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.

Bam! 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 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 justgoingtoramthattelephonepoleagain. ” Well heck, before beginning the maneuver I had spotted a pole and kept it in view the whole time. Who knew they hunted in pairs? a “stealth pole” had lurked nearby, ready to pounce and bit me on the bussy butt.onceagainprovingthatIcanstillserve as a bad example, let us enjoy a few of the things I did wrong.

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,iattemptedthe“instrumentapproach” 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 stillbehalfburiedonPadreisland.asitwas, a great deal of cursing and spinning wheels couldhavebeenavoidedbysimplywalking around the intended parking spot.

this holds true any time your bus is going “off-road. ” make sure the surface can bear the weight before you pull onto it. mostmoderncoacheshaveremotelycontrolled mirrors, allowing drivers to adjust themtosuitthesituation.itissilly not touse thisfeature.bearinmindthatabackupcamera 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.

it is worth noting that many 45-foot coaches have steerable tag axles. on some models, the tags lock in place when reverse gearisselected,preventingthetiresfromjamming sideways and damaging the axle. rollingbackwardsinneutralcanbreakexpensive suspension parts. in addition, backup beepersonlysoundwhenreverseisengaged, so coasting backwards is never wise. if you are able to maneuver or park a coach so that backing can be avoided, seize that opportunity. When you must back, watchthefrontendsothatitdoesnot“reach out and touch someone. ” remind yourself thatyouaredrivingtheequivalentofagiant 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 sideofthecityfromhisgarage,itsautomatic transmissionburpedandrefusedtoadvance any farther, but reverse worked fine. he found alternative transportation for his passengers, then backed the bus all the way across Washington. on the one hand, thisisareallybadidea,butontheother,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. there is a metaphor in there somewhere. q

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.

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.