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In the most recent United Motorcoach Association (UMA) weekly Town Hall virtual meeting, the focus was on the much-needed economic aid to the industry. Both UMA leadership and members have been incredibly active in engaging with senators and congressmen to gain support of a package that would offer $10B in loans and grants to help the decimated motorcoach industry survive the pandemic, and the result is two bills—one each in the House and Senate—called the Coronavirus Economic Relief for Transportation Services (CERTS) Act.
Both houses of Congress returned to Washington on July 20 for a brief—but critical—session before the next break in August. Much is at stake with many provisions of the CARES Act expiring this month, including the $600 unemployment supplement and moratorium on evictions, while the numbers of COVID-19 cases are once again rising in most states. At the time of the Zoom meeting on July 23, the Senate was at an impasse with an extension of the unemployment benefits, with Senate Republicans preferring a less generous package. It’s a dynamic situation that the UMA is following closely.
Although the CERTS Act was not yet part of the proposed relief package, Becky Weber of Prime Policy, UMA’s lobbying firm, said she was not concerned as talks were ongoing. She and UMA COO Ken Presley did encourage members to keep the engagement with Congress going—specifically targeting those who haven’t sponsored or expressed support of the bills—as the letters, calls, and meetings have all made an impact. Presley also noted that the Senate’s CERTS Act (S.4150) was now up to 14 sponsors and that they were specifically looking for additional Republican support. UMA has created a website to quickly and easily contact your representative at busesmoveamerica.com.
Presley and Weber also detailed some potential programs in the works, including a second round of the popular Paycheck Protection Program (PPP) as well as an unnamed working capital loan that may serve as an alternative to the PPP. At the time of the meeting, funds were still available in the original PPP, with an extended application deadline of August 8.
Beyond financial assistance, many senators have been pushing for limited liability reform that would give numerous business sectors, including motorcoach operators, some protections against COVID-related liability lawsuits outside of gross negligence.
Additionally, Tracy Fickett of BusBooks, also a CPA, detailed how operators can maximize their PPP loan forgiveness and offered her advice on a variety of related issues faced by companies in the age of COVID.
UMA is running an informal and congenial competition between the states regarding Congressional outreach. Tens of thousands of letters have been sent to state representatives in the past few months, especially in the recent weeks leading to the introduction of the CERTS Act. As of July 27, UMA members from Illinois were leading the board.
Things are expected to change rapidly in Congress as the race against the clock is on. UMA will host its next weekly meeting on July 30; those who plan to attend should preregister for the meeting here.
Visit uma.org for more information.
[07.28.20]
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With safety still reigning as a primary concern for many show planners and convention venues alike, in-person meetings have been temporarily put on hold as the U.S. attempts to gain control over the pandemic. This week, the International Association of Transportation Regulators (IATR) became the latest conference to postpone its September event in Memphis, Tennessee, and opted instead for a safer virtual meeting. Inspired by the resiliency that so many on the front lines—from drivers to regulators—have exhibited during this time, IATR themed its 33rd annual conference “Resilient Regulation!”
The IATR’s Virtual Conference—scheduled for October 26-29—will utilize Zoom, which will not only reduce the cost of attendance, but will allow those who have been unable to attend in the past to be a part of the experience. This will also benefit those regulators who are largely focused on the vital work that needs to be done now.
IATR, composed of dedicated regulatory leaders across the globe, has issued important daily global news updates on the pandemic, created resources on its website for its members on guidance and reports of relevance to their work, conducted surveys, and held numerous meetings and webinars to share information and best practices for more than 100 days. IATR President Matt Daus of Windels Marx has been a frequent guest and host on countless webinars and virtual meetings over the past few months.
Some program highlights of the scheduled virtual conference include:
4th Annual IATR Bootcamp: A returning conference staple, this all-day session is a great way to meet new and experienced regulators, who start with the basics on a topic. Subject matters have been modified to meet the pressing needs of the pandemic. Topics explored range from data access and use to a Mobility-as-a-Service (MaaS) primer and more. With regulation for modes of transportation changing quickly, licensing and enforcement will also be discussed.
IATR Model Regulations and COVID-19 Task Force International Public Hearing: With the task force hard at work crafting policy that can serve as a worldwide model for regulators tackling issues related to COVID-19—critical before the flu season starts in earnest later this year—this session will address the potential long-term implications of current regulations, and adapt a final plan that meets the needs of all industry operators in the short- and long-term.
IATR’s 5th Annual Hack-A-Thon: In September 2019, the IATR partnered with The Transportation Alliance to host a micro-transit themed hack-a-thon that analyzed data from St. Louis, Missouri, and Toronto, Ontario, to point to opportunities in micro-transit for the taxicab industry and regulators. The winners will present their findings and answer questions.
Global Regulator Spotlight: A varied number of topics will be covered by a panel of regulators, including how sustainability, accessibility, technology, equity, and other projects and initiatives are faring with respect to the pandemic.
IATR also announced that it has officially moved its Memphis conference to September 22-25, 2021.
Visit iatr.global for more information about the conference, including registration and sponsorship.
[07.27.20]
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By Chris Przybylski
The Americans with Disabilities Act of 1990 (ADA)—which celebrates 30 years on July 26—is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life. As it relates to luxury ground transportation industry operators, the law and its amendments apply to both employees of the company and its clients. As it relates to the luxury ground transportation industry, ADA compliance is generally “enforced” through lawsuits commonly filed by the U.S. Equal Employment Opportunity Commission, the Department of Justice, local government, or the affected individuals.
All business owners should familiarize themselves with ADA requirements to prevent situations like one that occurred in Phoenix, where the owner of a business was fined for having two of his 10 "reserved parking" signs posted a few inches too short.
This guide is broken down into sections based upon the employee’s role and training that should be provided to help ensure compliance. While by no means a comprehensive guide to all ADA regulations or DOT requirements, these bullet points should provide the basis for ensuring compliance and proper staff training.
Employment
- Applies to employers with 15 or more employees
- Complaints may be filed with U.S. Equal Employment Opportunity Commission (EEOC)
- Generally requires reasonable accommodations for existing employees or qualified applicants
- Requires no additional medical screen, other than that required of all employees
- Employers must post notices informing employees of their rights
Customer Service Staff
- Train on how to communicate with hearing impaired—offer email or text messaging
- Give basic training on how to accommodate other common ailments or equipment, including those with Alzheimer's, blindness, dementia, diabetes, mobility issues, assistance devices, or service animals
- Provide accessible vehicles or accommodations:
- Offer ramped or lift vehicles, and the approximate step heights of different vehicles
- Know which drivers can help with passenger mobility devices and are physically capable of assisting passengers into the vehicle
- Quote rates the same as passengers not requiring accommodations. For instance, a minibus may have to be sent for a sedan rate
- Allow service animals in the vehicles. They may not be required to be crated, stored in the rear of the vehicle, etc. You may designate specific vehicles as long as they are equivalent to those provided to the general public
- DO NOT tell a client or potential client that you do not provide accessible vehicles and refer them to another provider. Any company that owns a vehicle that seats more than eight passengers (including driver) and has purchased a vehicle since February 25, 1992, is required to provide accessible vehicles, even if none are available in your market, generally within 48 hours
- Prepare Form A for each passenger requesting accommodations and keep a copy for the office. The copy must be sent to the passenger within 24 hours; if mailed send by end of the next business day
All Chauffeurs
- Should receive training on assisting individuals with disabilities. This may include assisting passengers into the vehicle, accommodating an unexpected service animal, or an unexpected wheelchair or scooter user
- Should be trained on how to fold and store wheelchairs, scooters, and walkers:
- Remember that many of these devices are extremely expensive and impact the user’s mobility. Store them carefully to prevent any damage
- The driver or other company staff member must assist with storing accessibility devices, if requested
- Should be aware that passengers are not required to move to a seat from their mobility device, but may do so if they prefer
Accessible Vehicle Chauffeurs
- Train on testing ramps and lifts:
- All equipment should be inventoried and tested prior to every trip in case of an unexpected need
- Instruct troubleshooting knowledge, including automatic operation, manual override, battery reset, and fuse replacement
- Train on pushing wheelchairs onto and off of ramps and lifts.
- Passengers may elect to be loaded onto the vehicle facing toward or away from it, regardless of manufacturer specifications
- Train on proper tie-down procedures:
- Ideally two front, two back
- Avoid connecting to movable or removable parts
- If possible, ask the passenger preferred tie-down points
- Seatbelts should be offered, but may not be required unless required of all passengers
- Ask the passenger to lock the brakes, if available
- If you are unable to secure the wheelchair, service must still be provided
- Passengers may disembark and re-board the vehicle at any scheduled stop and may request additional stops to use an accessible restroom, which should be accommodated when possible
Over the road bus operators (OTRB) or operators with under luggage buses:
- Fixed-route vehicles must be accessible for large operators; small operators may provide equivalent service or qualify for an exemption under 191 allowing advance notice requirements. Small operators are less than $9.6M annual revenue
- Company must be able to accommodate within 48-hours for non-fixed routes either themselves of through another carrier
- Log any requests not accommodated
- Provide annual OTRB report
- Display evidence of ADA training
ADA Website Requirements
In addition to having your fleet and workplace ADA compliant, it is essential that your website also be accessible to everyone. Your company’s site needs to readable and usable to the visually impaired and those with other disabilities. Failure to comply can open you up to potential lawsuits. If you’re unsure whether your webpage measures up to ADA requirements, the American Bus Association posted a great article that provides an extensive overview of online compliance.
OTRB annual filings are due the last Monday of October. Forms and documentation should be kept on file for five years:
- Form A AND Form B: All operators who own motorcoaches or under luggage buses are covered by these regulations
- Form C: Applies to operators using motorcoaches or under luggage buses for fixed routes
- Form D: All operators who own motorcoaches or under luggage buses are covered by these regulations
Reports should be sent to:
Federal Motor Carrier Safety Administration
Office of Information Management MC-RIS
1200 New Jersey Avenue, SE
Washington, D.C. 20590
There are a number of valuable online resources available for luxury ground transportation operators to ensure compliance. Consult these links to answer any questions regarding accordance: ADA Service Video, ADA Training Program for Motorcoach Operators, or Motorcoach Operator’s ADA Pocket Guide.
Chris Przybylski of LBC Fleet, Safety & Compliance
A special thank you to Chris Przybylski of LBC Fleet, Safety & Compliance for providing an analysis of this issue. He may be reached at chris@lbcfleet.com.
[08.13.20]