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Washington, D.C. — The Federal Motor Carrier Safety Administration (FMCSA) announced its intent to start a new rulemaking to revise its Lease and Interchange of Vehicles: Motor Carriers of Passengers rule issued in May 2015.
This is a major victory for the passenger motorcoach industry, as it confirms FMCSA’s recognition that the final rule was overly burdensome and had an unnecessary negative impact on the motorcoach, tour and travel industry, and would not advance safety. The American Bus Association (ABA) and United Motorcoach Association (UMA) have both petitioned and led lobbying efforts to encourage the FMCSA to reconsider the ruling, with both associations prioritizing its reexamination during their respective flyover days in Washington, D.C.
FMCSA published a final rule on May 27, 2015, on the lease and interchange of passenger vehicles, with the goal of stopping chameleon carriers from continuing to operate. This left the motorcoach industry with an unduly burdensome rule that took longstanding business practices of the both the charter and scheduled service motorcoach operators and turned them on their head. Further, it did not address FMCSA’s objective of stopping “bad actors.” In fact, by definition these offenders would be excluded from the rule, leading to further “masking” opportunities for bad carriers, as well as driving compliant operators to consider converting their business models to brokerage services (an industry FMCSA has no jurisdiction to regulate).
Faced with mounting pressure, the FMCSA postponed the original compliance date of the rule last March; however, this was not enough, and the bus and motorcoach industries continued their efforts to ensure that the Lease and Interchange ruling would not be enforced. FMCSA’s announcement that it will revise the mandate is the action that the industry had sought to stop the final rule. The administration can now address the concerns of the motorcoach, tour, and travel industries raised through their petitions, paving the way for key changes to be made to the rule.
In brief, the FMCSA’s announcement ensures:
—The agency is taking action in response to the numerous petitions it received;
—It determined amendments to the rule are in order;
—That to advance the new rulemaking effort, the agency will hold a public roundtable discussion; and
—The agency will be considering four specific changes to the rule:
1. excluding “chartering” or “subcontracting” from the leasing definition;
2. changing CMV marking requirements to locate temporary markings;
3. changing the requirement that carriers notify customers within 24 hours to when they subcontract; and
4. expanding the 48-hour delay for preparing a lease to include emergencies when passengers are not aboard a bus.
FMCSA clearly listened to the concerns of industry and is taking action. Now it is our turn to step up and work with the agency to ensure these areas of concern are properly addressed in the new rulemaking effort.
Visit fmcsa.dot.gov for more information about FMCSA, buses.org for more information about ABA, and uma.org for more information about UMA.
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“This was our best show ever,” she said, adding that the event saw a turnout of more than 130. “This conference was born from a UMA (United Motorcoach Association) event in Atlantic City. Being back here for our Sweet 16 and what was probably our best-attended show really was huge for us.”
The multi-day event primarily stuck to the Trump Taj Mahal and Resorts Casino—plus a few off-site events that took attendees around the seaside city—and featured an array of seminars, vendor highlights, networking receptions, and demonstrations.
Chauffer Driven’s Editor Madeleine Maccar was on hand for the conference’s packed Friday schedule, which offered a great deal of crossover information beneficial to the chauffeured ground transportation industry, especially as it gravitates more toward high-occupancy vehicles. Members of the state police and Federal Motor Carrier Safety Administration (FMCSA) Division Administrator Christopher Rotondo led an in-depth Level I FMCSA Inspection Demonstration, walking all in attendance through the roadside inspection of a bus and what the process entails, highlighting key areas of passenger safety throughout.
A familiar face to chauffeured ground transportation operators also spoke at the conference: Bob Crescenzo of Lancer Insurance Company—a frequent speaker at CD’s shows—discussed “Motorcoach Fires: Why They Happen and How to Avoid Them.” The hourlong session drew on audience participation while citing real-life examples of on-the-job bus fires to stress the importance of safety, preparedness, and making sure that everyone from the driver to the passengers have a clear understanding of how to respond to emergency scenarios.
One of the most well-received moments from the conference was an address from FMCSA Administrator Scott Darling, which he delivered to a rapt audience on Saturday.
“It was his first official speaking engagement as administrator of FMCSA,” Presley said. “I think that was one of the highlights, that he took time out of his busy schedule to come and talk to the group. They were just in awe of him.”
All in all, Presley declared NAMO’s 2016 event as yet another hit for the organization.
“Feedback has just been fantastic,” she said. “I’ve gotten some really great reactions and no negative comments. I tried a new tactic and gave everyone more free time because they really appreciate being able to sit around and commiserate, to meet with their peers, and they responded very well to that.”
Visit namocoaches.org for more information about NAMO.
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“I’m proud of the many positive ways our industry is evolving, from new apps to new business lines to a renewed focus on customer service,” Kines wrote on the Fleet Forward blog (tlpa.org/Fleet-Forward-Blog). “Many of these changes that may be well-known inside your companies, while other changes may not have attracted attention outside of your own operations, either among the public or your industry peers.”
The driving idea? TLPA members can inspire and communicate with others by bringing their stories and innovative business practices directly to their peers via the Fleet Forward blog.
“We aim to strengthen internal messaging to current and prospective TLPA members and, when possible, help tell those stories to broader audiences. And in order in order for this to work best, we want to hear from you,” Kines shared.
Using social media platforms, video, and more, the TLPA will showcase its members and their stories, and encourages those interested in participating to join the conversation, especially by sending stories about evolving fleets and outside-the-box thinking to John Boit of TLPA’s PR firm Melwood Global by emailing jboit@melwoodglobal.com.
The Fleet Forward plans include:
• Using social media to share messages and ideas, so now’s the time to join the conversation on platforms like Twitter and Facebook;
• Creating more short, informative, and engaging video content, bolstered by TLPA’s success with effectively harnessing the power of video during its Legislative Fly-In Event this past June;
• Increasing focus on some of the exceptional women leaders within the transportation industry to illustrate the industry’s gender diversity;
• Embracing webinars to create informational, educational opportunities for members between TLPA’s yearly conferences, with plans to host at least two webinars before 2017; and
• Conducting more polls, both through members and the public, with internal efforts to identify the questions that TLPA members are especially interested in having answered—especially if there’s a broader audience appeal.
“By imparting new ideas, showcasing best practices, and communicating them through multiple channels, we believe we can strengthen companies’ relationship with TLPA,” Kines wrote. “Helping members inspire others is the way to strengthen the industry and the association in the process.”
TLPA’s next event is its 98th Annual Convention & Trade Show in Phoenix from November 1-4.
Visit tlpa.org for more information.
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