Court Strikes Blow Against Charter Rule Operators Participating in the WASHINGTON — a Federal Versity Sports Teams Without Fear Supreme Court Appeal
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July 1, 2011 Bus operators: Congress eyes busload of safety measures WASHINGTON — For two-and- What makes the maelstrom par- Federal Motor Carrier Safety Ad- er, United Tours in North Carolina, Seatbelt issue one-half years, the safety bull’s eye ticularly galling to many in the indus- ministration Administrator Anne S. was using unqualified drivers. And a on the back of the motorcoach indus- try is that it appears to be primarily Ferro said the rash of incidents that third, JCT Motor Coach of East Point, try has been growing ever larger as the result of “a few bad actors,” began earlier this year, resulting in 25 Ga., was charged with falsifying ve- still big worry high-profile crashes, egregious safe- screwing things up for everyone else. deaths and scores of injuries, has be- hicle maintenance records and using ty practices and irresponsible opera- At the hearing before the impor- come the “worst period in recent his- drivers that tested positive for drugs ALEXANDRIA, Va. — The tors thrust the industry deeper into tant House Transportation and Infra- tory” for the over-the-road bus and alcohol, problems that have ex- looming issue of seatbelts in mo- the clutches of regulators, Congress structure Committee, much of the at- industry. isted for more than two years. torcoaches continues to be the and the news media. tention focused on giving regulators Her statement came after a week- Ferro said her agency is commit- leading area of concern for bus And, as a Congressional hearing the tools and wherewithal to better end during which her agency de- ted to an “all-out crackdown” on ille- company owners and managers, a last month made clear, the torrent of identify and take action against bad clared three operators “imminent gal passenger carriers. new survey of operator members new regulations, stepped-up enforce- actors that are ignoring laws and safety hazards” and shut them down. Since Jan. 1, the FMCSA has is- of the United Motorcoach Asso- ment, expanded inspection regimens, rules, crashing in disproportionate One of the companies, Haines sued out-of-service orders for 18 op- ciation shows. greater Congressional scrutiny, and numbers, and giving the industry an Tour in Michigan, was caught carry- erators, with another 15 orders More than 93 percent of the heightened media attention isn’t unwanted and largely undeserved ing passengers in the luggage bay. pending. operators responding to the sur- going away anytime soon. black eye. (See related story on Page 8.) Anoth- CONTINUED ON PAGE 10 c vey indicated they were very con- cerned or somewhat concerned about the “seatbelt issue.” A year ago, 88 percent of the Court strikes blow against charter rule operators participating in the WASHINGTON — A federal versity sports teams without fear Supreme Court appeal. came in a lawsuit filed last year same annual survey said they appeals court has dealt the motor- of being punished by the Federal “We probably will not appeal against the FTA by UMA and the were very concerned or some- coach industry a severe blow to its Transit Administration. this ruling to the courts,” said Vic- American Bus Association after what concerned about the issue. long-running effort to prevent any Such shuttles are generally tor S. Parra, president and chief the amendment was passed by The National Highway Traffic softening of the federal charter prohibited under the federal char- executive of the United Motor- Congress and signed into law by Safety Administration is current- service rule. ter service rule and public transit coach Association. President Obama. ly developing rules covering the The U.S. Court Appeals for the agencies that violate it can face He noted the Supreme Court The amendment, which was at- installation of seatbelts in new District of Columbia overturned a civil penalties, including the loss accepts very few cases and it prob- tached to a U.S. Department of motorcoaches. year-old lower court ruling that of federal transit funds. ably would be very difficult to be Transportation appropriations bill The big uncertainty — and a had declared the so-called Murray Industry executives expressed heard at that level, especially since by Washington Democrat Sen. primary cause of operator anxiety Amendment unconstitutional. disappointment with the decision the court ruling made it clear that Patty Murray, was worded so the over the issue — is whether the The reversal clears the way for and vowed to step up their drive to Congress establishes laws and that FTA could not spend an money to federal rule will extend to retrofit- King County Metro in Seattle to get rid of the amendment, appar- is exactly what it did when it ad- enforce the charter rule against ting seatbelts in existing coaches, operate charter shuttle bus service ently by working through Con- opted the amendment. King County Metro. and whether at some point Con- for the city’s professional and uni- gress rather than through a U.S. The appeals court decision CONTINUED ON PAGE 14 c gress might get in on the act and mandate seatbelts for all coaches. More UMA members partici- pating in this year’s survey, versus Court OKs firing for medical marijuana use those participating last year, think OLYMPIA, Wash. — The the pseudonym Jane Roe, was sentative, contingent upon refer- that month, upon receiving the posi- seatbelts will improve the safety Washington Supreme Court has pulled out of a training class after a ence and background checks, and tive drug test, she was terminated. of passengers (49.7 percent ver- ruled that a company was within week on the job and was fired be- a negative drug screening. Roe filed a wrongful termina- sus 45.1 percent). its rights when it fired a woman — cause she failed a pre-employment The policy emphasized that tion lawsuit, saying TeleTech ter- Regarding other hot button is- with a valid medical marijuana drug test. noncompliance would result in minated her employment in viola- sues, nearly 63 percent of the UMA card — after she tested positive for According to court documents, being ineligible for employment. tion of the Washington State operators returning surveys indi- marijuana. Jane Roe was under the care of a Upon getting the job offer, Roe Medical Use of Marijuana Act and cated fatigue was a concern in their The woman, who was fired in doctor who authorized her to use informed TeleTech of her medical in violation of a clear public policy company. Virtually the same per- 2006, sued and lost on an 8-1 vote, medical marijuana to treat her de- marijuana use, and offered to pro- allowing medical marijuana use in centage of operators said they have with the court saying that even bilitating headaches, which caused vide the company with a copy of compliance with the state medical a fatigue management program. with a valid medical marijuana chronic pain, nausea, blurred vi- her doctor’s authorization. She marijuana use act. Related to that issue, only 25 card and even with no claims from sion and sensitivity to light. also noted she only used the medi- TeleTech asserted that the Med- percent of the operators surveyed the company that she was working The case had its origins in Oc- cal marijuana at her home. The ical Use of Marijuana Act does not said they operate overnight charter while impaired, the company was tober 2006, when a company company declined a copy. provide employment protections to bus service or overnight scheduled still within its rights in firing her. called TeleTech offered Roe a po- Roe took a drug test and began medical marijuana users or a civil CONTINUED ON PAGE 12 c The plaintiff, who sued under sition as a customer service repre- training for work as a CSR. 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