South Of The Border By Carmen Daecher

Since most of you do travel into the United States, I thought it might be helpful to keep you apprized of the latest developments in regulations and proposals that would affect you during your visits to the U.S. So, let me bring you up to date on what is happening now as far as regulation changes and additions are concerned.

Regulatory Removals and Re-designations

There has been a large effort to rewrite the regulations so that they are actually easy to read and understand. Imagine! This so called "zero based" regulatory rewrite was also to include the elimination of silly regulations (e.g. stopping at a drawbridge when it is up) and is intended to write the regulations around specific subjects such as vehicle, driver, and operations.

Well, progress continues to be achieved. Revisions on a variety of regulations were published in the June 18, 1998 Federal Register. We still expect to see a complete regulatory rewrite for one of the topics soon.

Hours of Service

As you know, this is a hot topic not just south of the border, but in your country as well. We expect some advance notice of proposed changes to the current regulations by the end of summer. But we do not expect enactment of any new regulatory changes until next year at the earliest.

Right now, what is heard the most is a change to a "14-10" rule. Fourteen hours of on-duty time including timing and driving, and ten hours of off-duty time. It is not clear as to how much of the fourteen hours can be driving time. Nor is it clear as to whether breaks will be required during on-duty time for drivers.

The 60/70 hour rule is also subject to change. There is no clear indication at this point of what if any changes may occur.

CDL and Medical Qualifications

A move is still underway to combine the medical qualifications for CDL drivers with the acquisition and renewal of their license. There are some obvious things to still work out, such as the 2 year/4 year differences in medical qualification renewals and license renewals. Other issues to be considered are:

  • Physician Selection - Who decides?
  • Cost - Will the additional cost for medical qualifications, if absorbed by the driver, have a negative impact upon available drivers?
  • Employer Rights - What rights will the employer have in deciding if a person is medically disqualified - whether permanently or temporarily?

ABS Brakes

As you must know by now, anti-lock brake systems are required on all buses manufactured after March 1, 1998, if they are to be used in the United States. All manufacturers to my knowledge are providing ABS brake systems as part of their basic packages.

Americans with Disabilities Act Provisions

Probably the most hotly debated topic currently are the proposed requirements which motorcoach operators must follow for compliance with the Americans with Disabilities Act Regulations which have been defined by the Secretary of Transportation recently. Both the American Bus Association and the United Motorcoach Association have strongly opposed the vehicle based requirements set forth by Secretary Slater. While the final rule will be publisher later this year. It is not known whether the appeals by ABA, UMA and many others will bring reason to Mr. Slater's thinking.

In the meantime, here are the proposed requirements:

Large Companies

  • All large companies (annual revenue of $5.3 million or more) operating regular route service must begin purchasing accessible, lift equipped, coaches from October 2000. Large companies must have 50 percent of their fleets accessible to persons with disabilities, including wheelchair and scooter users, by 2006; 100 percent of their fleets fully accessible by 2012.
  • Large companies operating demand responsive (tour and charter) service must have 10 percent of their fleets accessible to persons with disabilities, including wheelchair and scooter users, by two (2) years from the final effective date. (DOT has indicated that 20 percent is the final and permanent accessibility fleet requirement placed on both large and small tour and charter operator's fleets.) Beginning in 2002, large companies would have to provide on-call 48-hour accessible demand responsive (charter and tour) service until such time as their fleets become fully accessible.

Small Companies

  • All small companies (annual revenue under $5.3 million) must begin purchasing accessible, lift-equipped, coaches from October 2001. Small companies are excused from the 50 percent (2006) and 100 percent (2012) vehicle purchase deadline, but when a coach is purchased, it must be accessible to persons with disabilities, including wheelchair and scooter users until the company has reached its 10 percent equipment level.
  • Small companies which operate demand responsive (tour and charter) services which do not purchase enough coaches to replace 10 percent of their fleet within two (2) years of the final effective date, are excused from the purchase deadline. They must, however, still provide accessible service. Until full fleet accessibility is achieved, small carriers will be expected to obtain appropriate equipment to provide transportation to a person with disability if it is given 48 hour notice of the need. If notice is not given, the carrier will still make its best effort to provide the service. Small companies will be allowed to enter into pooling arrangements with other carriers as a means of providing service in the years prior to full fleet accessibility.

All Carriers

  1. Interim service requirements will apply until 100 percent of the fleet of a company is composed of accessible vehicles.
  2. Operators who provide service in a non-accessible coach must assist persons with disabilities in boarding and stowing mobility aids (wheelchairs, scooters) in the passenger or baggage compartments.
  3. Existing coaches need not be retrofitted with accessibility features or lifts. However, after the effective dates, operators must only purchase or lease accessible vehicles. The option of retrofitting existing equipment is not prohibited as a means of meeting quotas.
  4. Vehicles which are re-manufactured to extend their useful life for five (5) years or longer must, to the maximum extent practicable, be made accessible to persons with disabilities.
  5. Both large and small carriers will be required to keep accessibility features, including lifts, in operable condition at all times. Maintenance personnel and drivers must be trained in maintaining equipment and in the safe operation of accessibility features.
  6. Persons with disabilities must be allowed to exit the coach with other passengers at scheduled rest stops when carried on an accessible coach. Accessible washrooms will not be required under the proposed rule.

TEA21

The Transportation Equity Act for the 21st Century was signed into law on June 9, 1998. The important elements of the law for motorcoach operations are as follows:

  • Intrastate/Interstate motorcoach operations will be deregulated. There will be no authority for state or local governments to regulate, limit or restrict a motorcoach operator from providing interstate or intrastate service. States may still impose safety and insurance requirements.
  • Definition of commercial motor vehicles - The law has redefined this term to include a vehicle "designated or used to transport more than 8 passengers (including the driver) for compensations". This change will apply to the federal motor carrier safety regulations except for CDL and drug and alcohol testing provisions. This new definition takes effect June 9, 1999, unless DOT delays such implementation through a rule making proceeding.
  • ADA Compliance Funding - The bill provides for grants to over-the-road operators to comply with the ADA requirements that are pending. Up to 50 percent of the carriers' incremental capital and training costs for complying with the final rule on accessibility can be subsidized through the grant. $17.5 million will be available during the 5 year period from 1999 through 2003.

For carriers providing demand responsive service, a total of $6.8 million will be available from the year 2000 through 2003.

  • Eligibility of Private Vehicles and Terminals for Federal Funding - Funds will be available for capital costs of vehicles and facilities, whether publicly or privately owned, that are used to provide inner-city passenger service by bus. Thus, states may now use their surface transportation program funding to provide grants for construction or renovation of privately owned inner-city bus terminals or to acquire vehicles for inner-city bus service to be operated by private entities.
  • Increase in Funding for Rural Inter-city Bus Program - States will be able to use up to $20 million in fiscal year 1998 to fund rural inter-city bus service (either vehicles or facilities, or both). This amount will increase to $36 million for fiscal year 2003.

Well, that's it for now. If you have any questions concerning these proposed regulations, please don't hesitate to contact us. We will be glad to answer your questions. You can contact us by e-mail at cdaecher@safetyteam.com. You can also call us at (717) 975-9190. Visit our website at www.safetyteam.com to learn more about us and to communicate with us if you choose.

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