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- Category: Industry News
By Chris Przybylski
Parking and storing fleet vehicles for a long period of time is a concept that is foreign to many operators. As our industry struggles with this unprecedented challenge, here are some tips to help keep your fleet in peak condition until you’re ready to return them to duty. This advice is for short-term storage—around two or three months. If you plan to park and store for a longer period, additional care will be needed as seals begin to dry out and the battery begins to lose charge after about 90 days. Although this list could apply to all kinds of vehicles, it was specifically intended for sedans and SUVs.
Prior to Storage
- Change oil and filter and perform thorough mechanical inspection, including topping off all fluids
- Thoroughly wash and apply quality coat of wax to preserve the exterior (perhaps a great job for idle team members)
- Condition leather seats
- Fill the fuel tank (to prevent moisture from building up in tank) and consider adding a fuel stabilizer
- Inflate all tires to proper PSI
- Put microfiber towels under the wiper blades
- Plug the exhaust with a towel to deter critters and dirt (don’t forget to remove before starting and replace)
- Use or close sunshades if stored outside
- Consider covering the car to prevent damage
- If you have one, use an ozone machine prior to storage to kill bacteria that can cause unpleasant odors
- Place chocks between tires; avoid using the parking brake as it may damage pads and rotors (could fuse)
While in Storage
- Check under the hood for signs of animal nests or damage including chewed wires or hoses
- Inspect under the vehicle for any fluid leaks or drips
- Drive the vehicle for about fifteen minutes every two weeks (if insured) or start it and move it around the parking lot (if uninsured)
- Replace chocks, covers, and exhaust cover
- Document any damage or repairs made during storage
Related Items
- Cancel or suspend GPS/ELDs and/or cameras
- Place out of service placards on the dash
- Remove easy access to vehicle keys
- Create a checklist (possibly within your fleet maintenance software) that details pre-storage maintenance and periodic inspection during storage
- If possible, reduce insurance costs by removing liability coverage
A special thank you to Chris Przybylski of LBC Fleet, Safety & Compliance for providing this list. He may be reached at chris@lbcfleet.com.
Additional information was provided by AAA.
[04.06.20]
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- Category: Industry News
By Matt Daus
Face mask and gloves aren’t the only things operators need to protect themselves during the corona-crisis.
We recently explored labor laws and civil rights issues that could leave you open to a lawsuit. However, the personal nature of chauffeured ground transportation that we generally pride ourselves on—that is, providing one-on-one individual service with the public—may put owners in a legal bind if a client, chauffeur, mechanic, or detailer, gets exposed to the virus during daily operation. Further, the work-stoppage due to mandatory quarantine or simply not having manpower may put you into breach of contract with a client. It’s important that you make yourself aware of any potential liabilities to protect your business.
Businesses that have contact with the general public could be targets of claims that their negligence led to a contract worker, customer, or client’s exposure to an infection of COVID-19. In the case of a virus, there may be a duty to warn such third parties, or to prevent access to certain facility areas or vehicles. To reduce risk of liability, operators should identify risk levels in their vehicles and office to determine appropriate control measures to implement to address the specific exposure risks, including staying up-to-date and following guidelines established for employers by the World Health Organization (WHO), the U.S. Center for Disease Control and Prevention (CDC), and the federal Occupational Safety and Health Administration (OSHA).
Transportation companies may protect themselves against potential claims for the above-referenced actions in a variety of ways, including:
- Following guidelines established by WHO, CDC, and OSHA to protect against exposure to the virus
- Developing an infectious disease preparedness response plan that considers and addresses the risk level of the worksite and job tasks
- Ensuring employees implement basic infection prevention measures
- Performing routine environmental cleaning
Businesses should review their emergency operations to determine what procedures and coordination are designated for a pandemic. Windels Marx has prepared a checklist that is available here.
While ensuring your clients have a clean, safe ride is imperative, protecting your employees from exposure is equally important. "Ordinary diseases of life" (i.e., those to which the general public is equally exposed) are generally excluded from workers' compensation insurance programs, but if an employee can establish a direct causal connection to the workplace (e.g., a chauffeur transported a client who has tested positive for COVID-19), there may be a valid argument for workers' compensation insurance coverage. To the extent that other claims for employee-related coronavirus illness do not qualify for workers' compensation benefits, coverage might still be afforded under certain insurance policies. Business should review their insurance policies for relevant provisions.
The COVID-19 pandemic has raised questions as to whether the outbreak and ensuing government restrictions will excuse non-performance of otherwise binding contracts. Changing COVID-19 developments impact a party’s ability to potentially excuse contractual nonperformance through multiple legal theories, including force majeure provisions. The results will depend on the contractual language, the state law governing the contract, and purpose of the contract.
Traditionally, force majeure clauses can excuse a party’s nonperformance under a contract when extraordinary or unforeseen events prevent a party from fulfilling its contractual obligations. As defined by the leading treatise on contracts, a force majeure clause provides a means by which the parties may anticipate, in advance, a condition that will make performance impracticable. When parties find that their contracts are silent on the force majeure issue, parties should assess alternative common law mechanisms for excuse of nonperformance. In the present circumstances, impossibility of performance via various government declarations would enable a viable argument that performance was rendered impossible “by law.”
As the COVID-19 pandemic continues to develop, businesses should take proactive steps to ensure continuity of operations sufficient to meet existing contractual obligations and evaluate whether their counterparties are doing the same. There are potentially multiple grounds to excuse non-performance due to the COVID-19 pandemic and ensuing government actions, which requires particular examination of the contractual language and the case law of the relevant jurisdiction.
Matt Daus is a partner with law firm Windels Marx and the former commissioner of the New York City Taxi & Limousine Commission. He can be reached at mdaus@windelsmarx.com.
[04.03.20]
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- Category: Industry News
Coach manufacturer ABC Companies shared a powerful video that captured the impact that the bus industry has on everyday Americans—from military to schools and everything in between. In the video, President Roman Cornell details the devastating effects that the pandemic has had on the bus industry and he pleads with anyone watching to share with members of Congress so that operators will be recognized in the next round of emergency funding in Congress.
“On behalf of the men and women of the motorcoach industry, we need your help,” Cornell says in the video. “With most of us being family-owned businesses, not one dollar of the trillions being spent on the coronavirus was designated for our industry. We aren’t large organizations like airlines, hotels, or city bus authorities. No, we are your neighbors, we are your friends, we are your family going out of business at record numbers per day.”
In an email to the industry from the company:
As we weather the storm of this economy, we must come together to make our industry’s voice heard. Attached is a video designed to share with friends, family, and most importantly, government representatives.
Our goals are simple:
- Remind everyone that motorcoaches move us all
- The economy needs us to return to health
- We need government support to survive
The Opportunity:
Looking forward, there is another objective we can all get behind. This pandemic provides a one-time opportunity to build awareness for our industry so we can emerge even stronger. We have been silently improving the traveling experience for millions of passengers, with amenities, comfort, and convenience that easily surpasses airline and train travel, yet we are still often overlooked. Now is our time to ask for support and get the credit our industry deserves.
The Ask:
- Share, like, and forward this video to anyone with an email address using #dontmissourbus
- Forward photos of your passengers, from champions to visitors and voters to marketing@abc-companies.com [so] we can share our great industry
Visit abc-companies.com for more information. The video link is here.
[04.03.20]