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$60 Million Settlement Reached in Caterpillar Engine Suit California Operators Fighting 'Crazy' Bus Regulations

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$60 Million Settlement Reached in Caterpillar Engine Suit California Operators Fighting 'Crazy' Bus Regulations July 15, 2016 $60 million settlement reached in Caterpillar engine suit CAMDEN, N.J. — Motor- trucking companies alleging that hearing in September. Vandalia Bus Lines in Caseyville, engines that were “problematic.” coach operators who found them- Caterpillar sold them engines with Meanwhile, motorcoach oper- Ill., and one of Burke’s clients in He has since sold the buses. selves stuck with defective Cater- defective anti-pollution systems. ators and trucking companies can the lawsuit, said he hasn’t had “The problems were related to pillar engines on their buses might Caterpillar agreed to the settle- file claims under the settlement, time to think much about the case emissions standards, and they soon be able to recoup some of the ment but said it still stands behind according to Richard Burke, an at- lately but is happy it appears to (Caterpillar) tried to do a Band- money they spent on repairs. its legal positions and its products. torney with Quantum Legal LLC, have been resolved. Aid job with the EPA,” he said. A federal judge in New Jersey U.S. District Judge Jerome B. one of five law firms representing “I have a stack of paperwork “They did a temporary fix.” has given preliminary approval to Simandle said in an order that he plaintiffs in the case. (See legal on this,” Streif said, adding that Streif said he plans to file a $60 million settlement to end a agreed with the terms of the settle- notice on Page 5.) his company purchased four or claims under the settlement and class-action suit filed by bus and ment but will hold a final approval Dennis Streif, vice president of five new buses with Caterpillar CONTINUED ON PAGE 18 c ELDs: Small operators vs. feds, big truckers, safety groups means. owner-operators Mark Elrod of In- CHICAGO — The federal FMCSA also labels as “merit- diana and Richard Pingel of Wis- mandate that interstate trucks and less” claims filed by OOIDA. consin. OOIDA states that it has buses convert to electronic logging Meritless, coincidentally, is the 157,000 members in the U.S. and devises later this year is now mired manner in which OOIDA de- Canada. in court, and it is shaping up as a scribes FMCSA’s arguments that FMCSA statistics say 3.51 mil- battle between small truck opera- ELDs will improve safety suffi- lion drivers will be subject to the tors on the anti-ELD side and the ciently to offset their costs and rules, according to the OOIDA federal government, big truckers burdens to the transportation petition. and safety advocates on the pro- industry. Congress directed FMCSA to ELD side. OOIDA also argues the regula- mandate electronic logging devic- The Owner-Operator Indepen- tion is “arbitrary and capricious” es in replacement of paper records dent Drivers Association sued fed- and violates Fourth Amendment of duty status (RODS). eral regulators earlier this year, protections against warrantless “The FMCSA has long recog- asking the U.S. Court of Appeals and unreasonable searches and nized that hours-of-service regula- for the Seventh Circuit to overturn seizures. tion violations are widespread, and the rule. FMCSA announced the rule that electronic devices to record The Federal Motor Carrier Dec. 10, 2015. It is scheduled to driver status make it easier to veri- Safety Administration, which is- become effective in December fy drivers’ compliance,” states the sued the ELD rule, responded to An association representing independent truckers is challenging a federal mandate that buses and trucks convert from paper records to electronic 2017. In addition to OOIDA, 59-page government brief, filed that suit recently, saying, in es- logging devises. A large trucker organization and two safety groups are plaintiffs in the suit include truck sence, that the ends justify the backing the mandate. CONTINUED ON PAGE 21 c California operators fighting ‘crazy’ bus regulations SACRAMENTO — Califor- tion estimated the modifications with an independent power directors, President Tony Fiorini, Board’s recommendations follow- nia motorcoach operators have would cost $25,000 to $35,000 per source,” said Josh Pane, the CBA past President Dan Eisentrager ing the 2014 cross-over crash of a succeeded in removing “unreason- coach. lobbyist in Sacramento. and motorcoach operators for double-trailer truck into a motor- able” and “crazy” regulations The bill was introduced by Sen. “We had a breakthrough a cou- bringing industry concerns to the coach carrying 45 passengers. from three bills rolling through the Ricardo Lara, D-Bell Gardens. ple of weeks ago as we went into attention of legislators. The Federal Express truck- state legislature. “We have worked for the last the Assembly Transportation “We had a whole lot of help tractor combination crossed a In the latest action, Senate Bill five months to focus Senator Lara Committee hearing and came to an from member operators and non- 58-foot-wide median on Interstate 247 was amended in committee to on the unreasonableness of having agreement with the senator on CBA operators,” he said. 5 near Orland in northern Califor- remove a number of requirements operators retrofit their coaches amending out all of the retrofit The recent surge of bus and nia. The truck sideswiped a pas- for retrofitting existing coaches with everything from data record- items. We committed to removing motorcoach bills was prompted by senger car then struck a Silverado with safety features that would ex- ers to burn resistant interior fab- our opposition to the bill and several fatal accidents in Califor- Stages motorcoach head-on. The ceed federal regulations. rics to new window operability going listed as neutral,” he said. nia. SB 247 was drawn from the collision ruptured a fuel tank on The California Bus Associa- standards and emergency lighting Pane credited the work of CBA National Transportation Safety CONTINUED ON PAGE 19 c THE RIGHT PREOWNED COACH FOR YOUR NEEDS ALL MAKES & MODELS AVAILABLE https://www.prevostcar.com/pre-owned PERMIT NO 1424 NO PERMIT Contact for more information: PHOENIX AZ PHOENIX Eloy Torres Carl Stevens Tom Crowl Michel Dery US POSTAGE PAID POSTAGE US 817-371-6173 904-610-9568 530-945-0401 418-580-2750 PRESORT STD PRESORT July 15 July on or before deliver Please ostmaster: P CENTRAL U.S. EAST U.S. WEST U.S. CANADA sky’s the limit SHELL PRICING STARTING AT $199,000 CONVERSION SHELL IMAGINE THE ABC offers in stock inventories of pre-owned TD925 POSSIBILITIES double deck coaches. We can offer each coach as With two decks of open space, the options are a conversion shell allowing you to customize it truly limitless. Optional roof removal also. to your exact specifications. BUILDABLE CONVERSION SPACE The ultimate entertainment coach UPPER DECK - 299 sq.ft. Optional roof removal for outdoor lounge = 408 sq.ft. TOTAL! LOWER DECK - 109 sq.ft. DAY COACH Large Galley Amenities Lounge Area BUNKS CAPTAINS CHAIRS RECLINER SEATS Captains Chairs CREW COACH With bunks and separate driver lounge area with galley and bunk LOUNGE DRIVER BUNK GALLEY AREA RACE DECK w w w . a b c-c o mpani e s . c o m Race Deck interior conversion done by Superior Coach Interiors for more information: 615-337-6845 Contact ABC Companies for more information: 877.427.7278 option 1 or email [email protected] Bus & Motorcoach News INDUSTRY NEWS July 15, 2016 3 Revamping of Greyhound continues during difficult year ABERDEEN, Scotland — The forego Greyhound for airplanes for company operating profit was visions in fiscal 2016, including more difficult customer demand years-long effort to retool the en- longer trips and autos for shorter $85.2 million. North American divisions First environment experienced across tire business model of Greyhound journeys. Greyhound’s operating margin Student and First Transit. the intercity coach industry since Lines hit a number of speed bumps Greyhound revenue was $914 was 6 percent in fiscal 2016, ver- Those business units, along fuel prices fell sharply between during fiscal 2016, sending both million during the year ended sus 6.9 percent in fiscal 2015 and with Greyhound, produced com- September and December 2014. revenue and earnings lower. March 31, down from $986 million 8.3 percent in fiscal 2013. bined revenue of $4.55 billion in “While lower fuel prices re- The only nationwide operator in fiscal 2015. Fiscal 2016 revenue fiscal 2016, down from $4.72 bil- duce our own cost base they also of scheduled intercity motorcoach was more than $100 million lower All divisions decline lion in fiscal 2015. improve the affordability of alter- services in the U.S. and Canada, than fiscal 2013, when Greyhound The preliminary fiscal 2016 The three divisions had a com- native forms of transport for some Greyhound saw overall mileage dip sales totaled $1.022 billion. Greyhound results were reported bined operating profit of $310 mil- trips (particularly from airlines on nearly 6 percent during the 12 Greyhound’s adjusted operat- last month by its parent company, lion, down from $341.9 million in longer distance trips), relative to months ended March 31, a conse- ing profit was $54.4 million in fis- FirstGroup PLC of Aberdeen. fiscal 2015. Greyhound. quence of lower fuel prices that cal 2016, down from $68.5 million FirstGroup has reported reduced FirstGroup said in a statement “We were encouraged,” continued prompted many potential riders to in fiscal 2015. In fiscal 2013, the revenue for every one of its five di- the Greyhound results reflect “the CONTINUED ON PAGE 20 c UMA launches membership category for coach drivers ALEXANDRIA, Va. — The mentoring. did not have a professional affilia- umadrivermember.org. gory provides a magnificent oppor- United Motorcoach Association Enrollment in the program is tion of their own,” said UMA “We know it takes a special tunity to support them, Krapf said.
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