July 1, 2018

MCI crash victim reportedly under investigation LAS VEGAS — “Shocking University of Nevada-Reno medi- Khiabani’s colleagues told Knapp defects didn’t cause the accident. A Sept. 2016 email mentioned the new evidence” appeared on a Las cal school where the victim prac- they immediately were suspicious MCI has since requested a new most serious compliance issue Vegas television station as attor- ticed hand surgery. that the collision was not accidental. trial in the case. centered on someone identified as neys for Motor Coach Industries Kayvan Khiabani, 51, was This past March, a jury award- The 2016 audit “uncovered ‘Dr. K.’ Dr. K turns out to be Dr. were preparing appeals of an killed on April 20, 2017, while rid- ed Khiabani’s sons $18.7 million widespread billing errors and seri- Kayvan Khiabani, a hand surgeon $18.7-million jury award follow- ing his bike next to a bus. Witness- in damages from MCI, which ous lack of oversight” at the uni- who earned more than a million ing a bicyclist’s fatal collision with es said he bumped into the bus and manufactured the bus involved in versity’s medical clinics, the sta- dollars from UNR in 2015.” an MCI motorcoach. was run over. the accident. The jury said MCI tion reported. Administration of University of KLAS-TV reporter George On the day of the accident, the failed to provide an adequate The “blatant billing problems” Nevada medical practices was Knapp obtained a long-hidden reporter found, Khiabani had been warning system that could have included “overbilling of Medicare, being transferred from the Reno audit of billing problems at the told he was losing his job. Some of avoided the accident, but said bus Medicaid and private insurance… CONTINUED ON PAGE 10 c Spring Fling 2018 focused on history of Trailways system HERSHEY, Pa. —­­ Nearly 500 Infanti Bus & Coach Upholstery, bus fans and industry veterans of Linden, N.J., lovingly refur- made the pilgrimage to Hershey bished the interior, creating the last month for the Museum of Bus feel and appearance of a brand Transportation’s annual Spring new coach, circa 1945 — a sort of Fling and were rewarded with sun- transportation time machine. shine and the opportunity to min- Early in the 1950s, ACF Brill gle with more than 60 antique and built a few school based on modern buses. its C31 transit model. Krapf The vehicles on display ranged Coaches sponsored the restoration from a 1908 White to 2018 Prevost of this exceedingly rare bus. and Van Hool demonstrator The theme of this year’s Spring coaches. Fling was a tribute to Trailways’ 80 Two major highlights were a years of service, with Trailways pristine 1945 Aerocoach and a rare Chairman Jonathan Berzas and 1951 Brill school bus. President Eva Hotard on hand with The Aerocoach was restored several staff members. The theme of this year’s Spring Fling was a tribute to Trailways’ 80 years of service, and several vintage mechanically by ABC Companies Trailways has been a major Trailways buses made the scene, including (left to right) a 1955 Flxible VL100, 1964 GM PD4106 and 956 some time ago, but in the past year GM PD4104. CONTINUED ON PAGE 8 c Temsa and U.S. distributor CH Bus Sales parting ways WILMINGTON, Del. — Turk- CH Bus was delinquent on Temsa was planning to open other and we will remain the distrib- referral to a federal magistrate ish bus maker Temsa and its U.S. $7.7 million in payments for mo- Temsa North America in the U.S. utor until such time that we have res- judge for a mediation session distributor, CH Bus Sales, are un- torcoaches and parts, Temsa al- on June 20 to distribute its own olution,” Haggerty said in an email. within 60 days. They agreed to dergoing a messy divorce. leged in a December 2017 letter, motorcoaches. However, industry officials fa- seek a private mediator if the judge Temsa recently told CH Bus it according to documents filed in Michael Haggerty, chairman miliar with the matter disputed is not available. was terminating their eight-year- U.S. District Court for . and majority owner of CH Bus that assertion. They insisted that In the meantime, the parties old distribution agreement and also Temsa notified CH Bus on Sales, said the company also has while CH Bus can continue to sell stipulated that they would under- filed a lawsuit against CH Bus re- March 20 that it was terminating sued Temsa and that both parties any Temsa parts and vehicles it take settlement discussions over questing “declaratory relief ” to their distribution agreement “be- agreed to mediate the matter. He owns it can no longer do anything the financial issues. protect “products and collateral” cause of CH’s material breaches said the issue would remain unre- under the Temsa name. In its March 20 notice to CH that are in the possession of the Las and failure to cure the same during solved pending mediation. On June 6, the parties filed a Bus, included in court filings, Vegas-based distributor. any applicable period.” “We have filed suit against each stipulation that they agreed to seek CONTINUED ON PAGE 13 c Discover the beauty within The 2018 MCI J4500 Styled for instant passenger satisfaction with best-in-class legroom,

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Former UMA Chair Krapf pushes reforms before Congress By Ryan Gray $305 billion over fiscal years 2016 could be used as a barrier to new School Transportation News through 2020 for various highway passenger carriers and could result programs, including public trans- in a burden to smaller fleets. WASHINGTON — Dale portation, motor vehicle safety, Congress responded in the Krapf, immediate past UMA technology and statistics. FAST Act by directing FMCSA to board chair and former National Under the FAST Act, Congress conduct two comprehensive re- School Transportation Association also directed FMCSA to halt its ports on the effects of raising the president, recommended that a attempts to raise the insurance limits and provide the results to congressional committee direct limits on private commercial pas- legislators before proceeding. the Federal Motor Carrier Safety senger carriers that NSTA and the The first study, which was com- Administration not to move for- United Motorcoach Association pleted in March, investigated crash- ward with implementing a hike in said would have quadrupled costs es, injuries and fatalities involving insurance limits for private school for both the private school bus and over-the-road buses and school bus and motorcoach companies. motorcoach industries. buses. The study analyzed if com- Krapf testified before the During his recent testimony panies of various sizes had ade- House Transportation and Infra- before the subcommittee, Krapf quate insurance to cover the claims. structure Committee’s Highways said FMCSA seeks to raise the It also analyzed if insurance and Transit Subcommittee on be- limits “despite the lack of compel- affects the behavior and safety re- half of the UMA and NSTA. ling evidence demonstrating cur- cord of motor carriers, if insur- Congress passed the Fixing rent minimum limits.” ance reduces the rate of crashes, America’s Surface Transportation Krapf, chairman of the board and anticipated impacts of in- (FAST) Act in December 2015 to for school bus and motorcoach creasing insurance premiums. provide the first long-term fund- company Krapf Group in West A second study, which Krapf Dale Krapf (left at table), immediate past UMA board chair and former ing of highway infrastructure in Chester, Pa., added that the Trans- said to NSTA’s and UMA’s knowl- National School Transportation Association president, testified before the more than a decade. portation Committee “wisely” edge has yet to be completed, House Transportation and Infrastructure Committee’s Highways and Tran- sit Subcommittee on behalf of the UMA and NSTA. The FAST Act authorized foresaw that raising the limits CONTINUED ON PAGE 6 c

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Move in the right direction. Call today! 800.228.9275 4 July 1, 2018 THE DOCKET Bus & Motorcoach News FMCSA employment screening program earns gold award WASHINGTON — The Fed- Hermes Creative Awards rec- PSP provides immediate on- “The home page is the first benefits. eral Motor Carrier Safety Admin- ognizes outstanding work in the line access to commercial drivers’ stop for motor carriers and drivers According to a study released istration’s Pre-Employment industry while promoting the phil- safety histories, with the drivers’ to learn more about the program,” by FMCSA, motor carriers using Screening Program (PSP) earned a anthropic nature of marketing and written authorization, to assist said Laura Johnson, NIC Federal PSP have, on average, decreased Gold Hermes Award in the Elec- communication professionals. motor carriers with the driver hir- General Manager. “It’s informa- crash rates by 8 percent and driver tronic Media/Social Media/Inter- Approximately 6,500 entries ing process. tive and inviting, which leads to out-of-service (OOS) rates by 17 active Media category for its rede- were submitted from throughout FMCSA contracts with NIC more participation. Effective de- percent. signed home page at www.psp. the and 21 other Federal LLC to develop and main- sign supports FMCSA’s goal to in- It is estimated that in the 12 fmcsa.dot.gov. countries. Judges are industry pro- tain PSP. FMCSA is responsible crease usage and awareness of this months studied, the motor carrier The Hermes Creative Awards fessionals who look for companies for all of the PSP data and general important program.” group using PSP prevented 863 is an international competition for and individuals whose talent ex- oversight, while NIC Federal han- FMCSA and NIC Federal ded- crashes and more than 3,500 driv- creative professionals involved in ceeds a high standard of excel- dles daily operations, customer icate creative resources to encour- er OOS incidents. The results of the concept, writing and design of lence and whose work serves as a service and technology develop- aging PSP adoption because the the study can be found at https:// traditional and emerging media. benchmark for the industry. ment and maintenance. program has proven safety rosap.ntl.bts.gov. Head of state highway officials association retiring WASHINGTON — The execu- …This is very bittersweet for me, help it be more nimble and respon- establishing policies, programs and Wright began his career in tive director of the American Asso- but I am proud of where we are as sive to emerging technologies and priorities for the $40 billion annual 1975 as an economist in the ciation of State Highway and an association and I prefer the idea transportation policies. federal-aid highway program. FHWA Office of Planning. In Transportation Officials has noti- of leaving maybe too soon rather AASHTO President and Ten- As FHWA’s chief operating of- 1986, he was selected for a con- fied the association’s board that he than too late.” nessee Department of Transporta- ficer, he was also responsible for a gressional fellowship, serving plans to retire at the end of 2018. Wright was appointed to be the tion Commissioner John Schroer workforce of more than 2,000 with the Senate Appropriations Frederick G. “Bud” Wright seventh executive director of the told the board of directors that the transportation professionals and Committee staff. In 1989-90, he called AASHTO “a wonderful nearly 104-year-old association in association’s executive committee an annual operating budget of was a member of the National place to work” but said it was time November 2012. He led AASHTO would begin a search for a new $400 million. From 2001 to 2002, Transportation Policy Team, which to go. through the development of a new ­executive director. Wright was the FHWA program developed former Transportation “In my experience — and that strategic plan that broadened the Prior to joining AASHTO, manager for safety. Secretary Samuel Skinner’s Na- experience working in transporta- organizational focus to include all Wright was a consultant based in Before that, he was director of tional Transportation Policy. tion now spans more than 43 years transportation modes. Alexandria, Va. He served as exec- the Office of Budget and Finance, From 1990 to 1992, Wright — you will at some point feel the AASHTO also is implement- utive director of the Federal High- where he worked extensively on served as a special assistant to moment,” Wright said. ing a complete overhaul of its way Administration from 2001 to the Transportation Equity Act for FHWA’s executive director, devel- “And I am feeling that moment committee structure designed to 2008, assisting the administrator in the 21st Century (TEA-21). oping legislation. IMG Partner of the Year! AFFINITY PARTNER

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896350_MotorCoach.indd 1 28/12/17 1:26 PM 6 July 1, 2018 THE DOCKET Bus & Motorcoach News Operation Safe Driver Week July 15-21 Colorado approves $451 million GREENBELT, Md. — The havior as the critical reason for and injuries involving large trucks, Commercial Vehicle Safety Alli- more than 88 percent of large truck buses and passenger vehicles due over two years for road projects ance’s 2018 Operation Safe Driver crashes and 93 percent of passen- to unsafe driving behaviors. During DENVER — Colorado Gov. current transportation funding Week will take place July 15 to 21. ger vehicle crashes. Operation Safe Driver Week, there John Hickenlooper signed into mechanisms do not provide ade- Traffic safety personnel will Examples of dangerous driver will be increased CMV and pas- law legislation to fund $451 mil- quate revenue to keep pace with be on the lookout for unsafe driv- behaviors that enforcement per- senger vehicle traffic enforcement. lion in state highway projects over the increasing demands on trans- ing behaviors by commercial sonnel will be tracking throughout Operation Safe Driver Week is the next two years. portation infrastructure statewide,” motor vehicle drivers and passen- Operation Safe Driver Week are sponsored by CVSA, in partner- The legislation calls for peri- according to the text of the bill. ger vehicle drivers as they work speeding, distracted driving, tex- ship with FMCSA and with sup- odic transfers from the state’s gen- Colorado Department of toward zero deaths on roadways. ting, failure to use a seatbelt while port from industry and transporta- eral fund to the state highway fund Transportation spokeswoman Unsafe driver behaviors by operating a CMV or in a passen- tion safety organizations. to provide a stable source of reve- Amy Ford said CDOT is sifting CMV drivers and passenger vehi- ger vehicle, following too closely, It aims to help improve the be- nue dedicated entirely to roads. through a long list of transporta- cle drivers continue to be the lead- improper lane change, and failure havior of all drivers operating in “The state has significantly de- tion projects to address, including ing cause of crashes. The Federal to obey traffic control devices. an unsafe manner through educa- creased its contribution of general installation of passing lanes and Motor Carrier Safety Administra- CVSA’s Operation Safe Driver tional and traffic enforcement state revenue available in recent guardrails on rural roads and high- tion’s “Large Truck Crash Program was created to help re- strategies to address high-risk years to fund critical priority trans- ways, as well as expansion projects Causation Study” cites driver be- duce the number of crashes, deaths driving behaviors. portation infrastructure needs, and along Interstates 70 and 25. Dale Krapf serves a thriving passenger carrier speed. The crash killed the driver of on the federal records, which was Safety Improvement Category CONTINUED FROM PAGE 3 industry supported by rules and the car, who investigators later de- not caused by the Krapf (vehicle), (BASIC) system for a variety of regulations that actually improve termined was intoxicated. is unwarranted and an inappropri- motor carrier safety violations. ­analyzes the differences between safety,” he said. While the crash was not the ate assignment of fault.” “My own company has experi- state and federal insurance re- Krapf added that NSTA and fault of the Krapf driver, FMCSA Krapf reiterated the school bus enced a loss of business because quirements; if minimum levels of UMA support H.R. 2120, known as assigned the fatality to the compa- safety record of, on average, five or of this unnecessary decision,” he insurance adequately cover medi- BUSREGS-21, which would return ny and posted it online for two fewer onboard fatalities annually, de- said. “UMA and NSTA seek this cal care, compensation and other to Congress the ability to set finan- years. The FAST Act established a spite 37,000 fatalities in all road and subcommittee’s assistance to cor- costs; and the frequency with cial responsibility, similar to the procedure for removing crashes highway crashes, according to the rect this injustice and remove in- which insurance claims exceed the practice in all state legislatures. that were not preventable by the U.S. Department of Transportation. formation on passenger carriers current minimum levels. Krapf also expressed frustration motor carrier. However, Krapf testified that from public view until all CSA re- Krapf told the subcommittee with how FMCSA records its crash “A large part of our identity the committee continues to allow forms, as dictated by the FAST that the important motor carrier statistics for motor carriers. He re- and success stems from our repu- FMCSA to publish what he called Act, are completed.” policies enacted in the FAST Act layed an incident where a Krapf bus tation,” Krapf said. “A blemish on flawed data from the Compliance This article was reprinted with were just in a nick of time. was stopped at a red light when a our outstanding record of safety Safety Accountability (CSA) pro- permission from School Transpor- “The nation needs and de- car struck it from behind at a high from the reporting of the accident gram’s Behavior Analysis and tation News magazine. FOR SALE 2009 TD 925 Van Hool Seats 81 People • Cummins Engine • ZF Transmission • Recent Interior • $100,000

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www.ametekdfs.com | 330-673-3452 8 July 1, 2018 INDUSTRY NEWS Bus & Motorcoach News Spring Fling Memorial Annex. camera-wielding spectators. Tro- 1973 MC7, based in Minnesota. portation is making great strides to- CONTINUED FROM PAGE 1 There also were 38 vendor ta- phies were awarded for Best Con- This year the museum offered wards our goal of both representing bles at the “flea market” offering version (Mike Middaugh’s 2001 a VIP package that included pre- our industry and preserving its her- supporter of the museum and its an assortment of bus memorabilia. Prevost XLll), Best School Bus sentations on the history of the itage,” said David Schmidt, chair- mission of preserving the indus- As they have for every Spring (Katrina Falk’s 1988 Crown) and iconic Trailways Eagle coach and man of the museum. try’s history. Fling, Wolfs Bus Line provided Best Historic Bus (Friends of the the opportunity to ride an antique “Lakeland Bus Lines even lent Spring Fling centers on show- shuttle service between venues. Transportation Heri- bus in the parade. us a group of mechanics to help ing off the evolution of buses, with A parade of buses that was tage Center’s 1953 TD4512). “With the help of industry lead- get our fleet ready,” Schmidt said. coaches parked inside the facility held for the first time in 2017 The trophy for greatest distance ers like Trailways, Krapf, Fulling- “Bernhard Bus Parts even auc- as well as all around the museum’s proved to be quite popular this traveled went to Dan and Stan ton, Richfield and all the major bus tioned some parts and donated the campus and at the George M. Sage year, with 38 buses driving past Holter’s Richfield Bus Company builders, the Museum of Bus Trans- proceeds. We are very grateful.”

An “Eaglet,” a miniature version of an Eagle bus, driven by Angel Tollens, led the parade of buses during the 2018 Spring Fling.

Among the more than 60 antique and modern buses on display last month at the Museum of Bus Transporta- tion’s annual Spring Fling were (left to right) a 1945 Aerocoach, 1956 Scenicruiser and 1951 Brill school bus.

Several school buses also were on display during Spring Fling, including (left to right) a Thomas school bus, two The driver’s area of this 1945 Aerocoach, as well as the seating in the bus, Crown school buses and a restored International school bus. was restored by Infanti Bus & Coach Upholstery.

ISSUE NO. 356 David Moody How to contact us Holiday Tours Randleman, N.C. To submit news, Letters to the Jeff Polzien Editor, articles, news releases or Existing advertisers, or to Red Carpet Charters to report corrections: submit advertising materials: A PUBLICATION OF THE UNITED MOTORCOACH ASSOCIATION Oklahoma City Johnny Steger at (602) 980-0840 Tom Ready [email protected] [email protected] Ready Bus Lines Staff Advisory Board LaCrescent, Minn. 2250 W. Roper Ln., Cottonwood, AZ 86326 2200 N. Yarbrough, Suite B (602) 284-6049 Box No. 336, El Paso, TX 79925 Publisher, Executive Editor: William Allen Bob Greene Scott Riccio Amador Trailways Amaya-Astron Seating Northeast Charter and Tour Stacy Tetschner Sacramento, Calif. Omaha, Neb. Lewiston, Maine Subscribe inquiries: Contact the Brian Annett John Grzywacz Brian Scott [email protected] United Motorcoach Association: Editor: Hal Mattern 3108 NW 54th St. Annett Bus Lines CIT Signature Transportation Escot Bus Lines (800) 424-8262 • www.uma.org Sebring, Fla. Ames, Iowa Largo, Fla. Oklahoma City, OK 73112 Sales Director: Johnny Steger (866) 930-8421 • Fax: (405) 942-6201 James M. Brown Sr. Larry Hundt Tim Stout Industry Editor: Ken Presley Magic Carpet Tours Great Canadian Trailways Stout’s Transportation Richmond, Va. Kitchner, Ontario Ewing, N.J. To advertise: Associate Editor: Ellen Balm Roman Cornell Dale Krapf Dennis Strief Interested in placing an ad, and new to ABC Companies Krapf Coaches Vandalia Bus Lines Bus & Motorcoach News? Art Director: Mary E. McCarty Orlando, Fla. West Chester, Pa. Caseyville, Ill. Lou Brandow at (800) 369-6222 ext 3399 Dave Dickson Joan Libby Alan Thrasher [email protected] Editorial Assistants: Elite Coach Cavalier Coach Trailways Thrasher Brothers Trailways Maggie Vander Eems Ephrata, Pa. Boston, Mass. Birmingham, Ala. Gladys Gillis Marcia Milton Larry Williams ©2018 by the United Motorcoach Association. Reproduction in whole or in part without Julianne Ryder Starline Luxury Coaches First Priority Trailways L.W. Transportation written permission is prohibited. Seattle District Heights, Md. Chantilly, Va. 9Bus &July Motorcoach 1, 2018 News OPINION Bus & MotorcoachJuly 1, 2018 News 9 I’ve got a bridge to sell you, but the clearance is low By Dave Millhouser garage. This customer eventually The coach driver was from an- building porticoes and sneaky un- It can get hairy if you lower the chose a competitor with lower other state, but the entrance to the derpasses when you transition to coach and then turn off the engine. My new boss clearance, in part because he fig- parkway is clearly marked with re- local roads. Some models return to normal Jim and I were ured out that even a twig or a gard to commercial vehicles. As you motate down an unfa- height, and if you’re parked under on a sales trip in bounce on a fast approach to his ga- Clearance signs aren’t “sug- miliar road, it is best to read the something low it can get ugly. western Penn- rage entrance might cause trouble. gestions” but rather signals that WHOLE clearance sign. Boiled down, it’s good to be fa- sylvania. Jim In the aftermath of the April the law of physics stating “no two Sometimes it gives you the miliar with your route and to look only lasted a few accident on a Long Island park- objects can occupy the same space height at the side of the roadway, out the windshield. That seductive months, and I way, where a bus struck an over- at the same time” will be other times in the middle of an voice in your GPS is NOT your don’t remember pass, it seemed useful (and per- enforced. arched overpass. friend. In fact, trust nobody. his last name. haps entertaining) to revisit the In this case the bus roof and And occasionally signs lie. Bear in mind that the purveyor He had been a punt returner for subject of bus height. All of you bridge battled to the death, and the When in doubt, slow down, and of this sage advice once had to University of Maryland, so it’s who memorized my previous col- bridge won. even stop and look. If a road or back an Eagle demo all the way likely he didn’t remember it umn on this topic are excused from It’s possible that the driver driveway has been resurfaced or down the western approach to the either. the rest of this. didn’t know the height of the coach. has snow buildup there may be less Brooklyn Bridge. We had driven a demo to a The driver in the Long Island The height of modern buses is post- clearance than advertised. Fortunately it was late at night major bus line and were trying to incident made it all the way under ed on a placard somewhere in the Buses have been known to fib and the police officers who gath- convince the owners that Eagles the overpass, although the top of driver’s area. too. If yours has aftermarket ered to watch the spectacle were were the best buses for them. the bus arrived mangled and late. If you’re driving an unfamiliar equipment or antennas on top, all good sports (but there were Jim was nonplussed when I in- It takes a head of steam to pull that model of a coach, it’s worth check- trusting the manufacturer’s placard LOTS of flashing blue lights to sisted on pulling the bus into the off (pun intended). ing that jewel out before a question- may get you in doo-doo. punctuate my folly). garage, since it was clear that it A couple of things can be able clearance looms in your No two buses of the same I had made the mistake of was going to be a tight fit. The learned from this. The driver was windshield. model are EXACTLY the same trusting my “navigator,” who was coach was well over 11 feet high, using a GPS that was programmed Modern motorcoaches vary in height. Leveling valve adjustment more adept at reading maps than and the door that was originally 12 for automobiles. height from 11 feet 6 inches all the isn’t always precise, so take care. the signs that clearly spelled out feet high had lost some of its maj- Gee whiz, it had no idea that it way up to 13 feet 2 inches. Al- Some coaches allow the driver the impending low clearance. esty when the garage floor was was perched in a 12-foot-high though most current garage doors to raise the bus for nasty angles of We both looked up in the nick resurfaced. motorcoach. are 14 feet or higher, some of those departure or lower it for special of time. The bus squeezed in, and later GPS routinely fibs anyway, so antique 12-foot jobs still lurk. circumstances. It’s a good idea to Dave Millhouser is a bus indus- Jim came to understand that bus if you are going to use it, trust but Interstate highway overpasses know which position that switch is try marketing consultant and free- operators were reluctant to buy verify. In this case that meant are a minimum of 13 feet 6 inches, in and how much difference it lance writer. Contact him by email coaches that wouldn’t fit in their peeking out the windshield. but beware construction zones, makes. at [email protected].

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Contact your local representative for details. National Mark Roberts 574-849-0080 [email protected] Northeast Mike Hemby 352-430-7977 [email protected] Mid Atlantic Howard Nichols 407-808-3322 [email protected] West Coast Richard Olsonawski 253-219-0749 [email protected] Operations Charlie McCarron 407-403-2494 [email protected] 877-500-6999 Operations Tim Ott 574-361-1170 [email protected] www.power-mfg.com 53087 Faith Avenue | Elkhart, IN 46514 10 July 1, 2018 INDUSTRY NEWS Bus & Motorcoach News MCI crash accident.” CONTINUED FROM PAGE 1 Ryan’s Express of Phoenix, Ariz., operated the bus. campus to Las Vegas. The televi- In one of its motions before the sion station obtained an email stat- court, MCI attached a transcript of ing that “this doctor would not be trial testimony by the motorcoach’s hired by UNLV (University of Ne- driver, Edward Hubbard, who had vada-Las Vegas) and that his behav- been driving buses since 1997. ior should be reported to the medi- He testified that he saw Khia- cal board and federal government.” bani in the bicycle lane, five to On the day “Khiabani learned seven feet to the right of the mo- he was being fired, he died in a torcoach. He believed he would collision with a bus,” KLAS re- pass the bicycle “without inci- ported. “But the jury never heard dent,” although he momentarily that Khiabani had been fired or lost track of the rider due to blind that he was under investigation.” spots on the right side of the coach. Hearings on some motions Hubbard said he executed a submitted by MCI since the jury “rocking and rolling” maneuver in award, including a motion for a his seat about every 50 feet to limited new trial, are scheduled in “eliminate blind the spots” in his Clark County District Court on view of the bicycle lane. After the July 6. nose of the bus had passed the The jury delivered its verdict MCI is asking for a new trial in the case of a Las Vegas accident involving a J4500 motorcoach like this one. rider, he testified that he saw, in his on March 23. In May, MCI filed peripheral vision, the bicyclist several motions on technical ed in the document available for • Plaintiffs Had an Affirmative ported that Khiabani “happened to drift toward the motorcoach. grounds, including an appeal to public view but the headings re- Duty to Obtain and Disclose the be cycling parallel to a Motor “I proceeded to turn my steer- the Nevada Supreme Court. The main visible: Information, and Their Disclo- Coach Industries bus about 10:30 ing wheel to the left to avoid hit- filings also addressed the new in- • The New Evidence Casts sures and Answer to an Interroga- a.m. when Khiabani appeared to ting him, because he was that close formation regarding Khiabani’s Doubts on the Jury’s Determina- tory Led MCI to Believe They Had accidentally veer left, witnesses …he was coming in,” Hubbard professional status. tion of Damages and Even Relayed All Relevant Information told police. The quick move caused said. “He wasn’t straight. He was In “A Motion for a Limited Liability • It Is Very Likely that MCI him to bump into the passenger coming in.” New Trial,” one section is headed, • If Plaintiffs or Plaintiffs’ Could Not Have Discovered This side of the bus, then dip into the The suit was pursued on behalf “Newly Discovered Evidence and Counsel Were Aware (redacted) New Evidence Before and Never path of the vehicle. The 50-year- of Khiabani’s two sons. His wife, Its Relevance: The Channel 8 then the Judgment Must Be Set Would Have But for it Being old driver of the tour bus stayed at dentist Katayoun Barin, was diag- News Reports Uncovered Shock- Aside for Fraud on the Court Leaked to the Press the scene and did not show signs nosed with cancer three months be- ing New Evidence.” • A New Trial is Necessary After the accident occurred, of impairment, police said. The fore the accident and died before Much of this section is redact- Even if Plaintiffs Were Unaware the Las Vegas Review-Journal re- coroner ruled Khiabani’s death an CONTINUED ON PAGE 11 c

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busbooks.co 602.810.2412 WE ARE DEDICATED TO HELPING MOTORCOACH BUSINESSES 800-974-7383 111-118 Industrial Dr. 817-478-3221 Kennedale, TX 76060 WITH THEIR BOOKS 817-561-1293 (fax) cpacex.com Bus & Motorcoach News INDUSTRY NEWS July 1, 2018 11 MCI crash need to at least show a ‘wrongful the district court erred and a new Sports, maker of the victim’s bike The court also erred, MCI al- CONTINUED FROM PAGE 10 act or neglect’ — conduct that neg- trial is required.” helmet; and SevenPlus Bicycles, leges, by excluding evidence about ligently, recklessly or intentionally Another MCI motion requests which sold the bicycle. Khiabani’s income tax payments the case was tried. causes harm.” that pre-trial settlements made by MCI also alleges that one of its from jury deliberations. Because Even without new evidence, In a separate motion, MCI other defendants offset the $18.7 expert witnesses was prohibited Khiabani was in the highest tax the March 23 verdict was destined states, “The district court did not million awarded by the jury. While impermissibly from testifying bracket, this resulted in a differ- for appeal. The jury found no vehi- submit the failure-to-warn claim the dollar totals are redacted in this about laws covering failure to ence of $300,000 annually in pro- cle defects responsible for the fatal to the jury at all. Over the defense motion, it states that the Khiabani warn. The expert would have testi- jected support of his family. collision before awarding Khiaba- (MCI) objection, the district court family agreed to settlements with fied that “unnecessary warnings Khiabani’s salary and benefits ni’s sons $18.7 million in damages submitted interrogatories on only Michelangelo Leasing, doing busi- mislead and are ineffective…too for 2016 were listed at $1,040,001.49 from MCI. some of the elements of a failure to ness as Ryan’s Express, and mo- many warnings are distracting and by the public service website Trans- During the one-month trial be- warn case, leaving out causation… torcoach driver Hubbard; Bell unsuccessful.” parentNevada.com. fore Judge Adriana Escobar, the family’s attorneys alleged that the 2008 MCI J4500 motorcoach was Over $22 Million Recovered For defective in design because it had a right-side driver’s blind spot; Our Policyholders...And Counting! lacked proximity sensors to warn of the bicyclist’s presence; lacked a rear-wheel protective barrier; and had an aerodynamic design that could cause a wind blast to de- “ Our loss recovery on small damage claims stabilize and pull in bicyclists. After deliberating for less than has gone from nothing to hundreds of a day in Clark County District Court on March 23, the jurors re- turned a verdict finding none of thousands of dollars, thanks to Lancer.” those four defects “made the coach unreasonably dangerous and a legal cause of Dr. Khiabani’s “It’s costly to take equipment out death.” of service, especially for a small Then, the jury answered “yes” to the fifth question on the verdict claim. With Lancer, we don’t have form, “Did MCI fail to provide an to. We just send a photo of the adequate warning that would have damage and a parts price list to been acted upon?” The jurors awarded actual Lancer and in 10 minutes, we get damages but decided MCI was not enough information to put together liable for punitive damages. a reasonable estimate of our losses. A key point in MCI motions is the failure of the verdict form to It’s almost like having our own ask jurors whether “the failure to appraiser. And these claims are well warn” was in fact a cause of the ac- under our deductible, so Lancer is cident. In a motion seeking “a judgment as a matter of law,” MCI providing loss recovery solely as a alleges: customer service. It’s a real change “Plaintiffs did not meet their burden to demonstrate that a warn- in the way an insurance company ing would have made a difference. works, and it’s great!” Rather, the evidence conclusively demonstrates that, even if MCI If you want the financial rewards had given a warning, (the driver) did not have time to heed it before of proactive loss recovery by a the collision. passenger transportation specialist, “Plaintiffs failed to meet their ask your agent for a Lancer quote or burden to establish causation be- Dave Manko cause they did not propose a spe- Chief Financial O cer call Lancer directly and get assigned cific warning that should have Hampton Jitney to an agent. Southampton, NY been given or demonstrate that any Lancer customer since 1992 such warning would have prevent- To learn more, call ed Dr. Khiabani’s death. Further, 800-782-8902, x3264 or email judgment as a matter of law is ap- propriate because MCI was not re- [email protected]. quired to manufacture a mo- torcoach that could prevent injury to bicyclists.” Later in that motion, the attor- neys add, “MCI was not required to make a motorcoach that does not create an air disturbance in the first place.” MCI concluded in the motion 370 W. Park Avenue, P.O. Box 9004, Long Beach, NY 11561 | www.lancerinsurance.com for judgment: “MCI does not argue that manufacturers of defec- tive products can never be liable under the wrongful-death statute. But the plaintiffs in those cases 12 July 1, 2018 INDUSTRY NEWS Bus & Motorcoach News FirstGroup’s CEO resigns; firm could sell Greyhound ABERDEEN, Scotland — The proach sought by our chairman ed that we did not make the further “We are not giving up the fight ple are choosing to travel. CEO of FirstGroup, the corporate and the board.” progress we intended based on the for this business,” he said. “There The company rejected a take- parent of , First FirstGroup’s share price fell 11 trends we saw at the end of the pre- is a root-and-branch review and all over approach from U.S. pri- Student and First Transit, resigned percent in response to the compa- vious financial year,” Hauser said. options are on the table. Our obli- vate-equity group Apollo in April. after the company suffered a fis- ny’s financial prospects. The $437 Hauser, 68, said that after eight gation is to maximize value for In May, shareholder West Face cal-year loss of $437 million. million loss follows a profit of years it was not such a surprise that shareholders.” Capital urged FirstGroup to sell The company also said it was $204 million in the previous fiscal O’Toole had left so abruptly. Profits at Greyhound declined the $1.9 billion company, break it exploring options for financially year that ended March 31, 2017. “I think if you look at his age 39 percent to $34 million as the apart or spin off its North Ameri- slumping Greyhound, including FirstGroup’s share price de- (62) it is not totally all of a sudden,” bus group’s long-haul business can operations. the possible sale of the U.S. bus clined 66 percent under O’Toole’s he said. “The board thought at this took a battering amid increased A British newspaper said company. leadership. time it is very important to have a competition from low-cost airlines O’Toole, who was paid $1.7 mil- Tim O’Toole, who was ap- Wolfhart Hauser, the com­ fresh view in relation to strategy.” in the U.S. lion in the previous financial year, pointed chief executive of the Ab- pany’s executive chair, will run Matthew Gregory, FirstGroup’s FirstGroup made a $371 mil- has a contract that stipulates a 12- erdeen-based rail and coach opera- FirstGroup during the search for a finance chief, said external consul- lion non-cash write-down on Grey- month notice period, so he will be tor in 2010, said, “The time is right new CEO. tants had been appointed to review hound to take into account the negotiating a portion of his annual for me to step aside. Today’s re- “This year’s results fell short of all options for the Greyhound busi- change in value of the business re- pay and pension because of his sults clear the way for the new ap- our ambitions – we are disappoint- ness, including a sale. sulting from the shift in how peo- sudden departure. Colorado planning to test ‘smart pavement’ technology DENVER — The Colorado De- involving a car that veered off the help within minutes of such difference between life and death.” lion contract with Integrated Road- partment of Transportation is part- road and down an embankment crashes. The technology is part of the ways to test the company’s tech- nering with a start-up company to into an aspen grove. The smart pavement test will “Internet of Things” sector, which nology, which consists of precast test a stretch of “smart pavement.” The driver was found five days be conducted along a half-mile involves autonomous vehicles, so- and interlocking concrete slabs Tim Sylvester, CEO of Kansas later suspended upside-down in stretch of 285 where the crash oc- called smart cities infrastructure embedded with an array of sen- City, Mo.-based Integrated Road- her car with her feet crushed and curred. It would be the first test of and intelligent roads that can not sors, processors and antennae. If a ways, said the company’s smart her ribs broken — barely clinging its kind in the United States. only identify and warn drivers of vehicle leaves the roadway, weight pavement technology could be a to life. “We’re doing it at this location hazardous conditions and sharp sensors in the pavement and sen- lifesaver in accidents along remote Sylvester said smart pavement, for safety and better response curves but also provide an inter- sors that track location and speed highways. which includes sensors and the lat- times,” Sylvester said. “If we can connectedness that is increasingly can alert Integrated Roadways’ The partnership stems, in part, est fiber-optic and wireless tech- reduce the response time of emer- widespread. software that emergency personnel from an accident along U.S. 285 nology, would be able to summon gency services, that could spell the CDOT is readying a $2.75 mil- need to be dispatched to the scene.

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www.motorcoachexpo.com Bus & Motorcoach News INDUSTRY NEWS July 1, 2018 13 Temsa-CH Bus In addition, the letter stated, Brook, N.J.; Fort Worth, Texas; motorcoaches and 6,000 light France alone, more than 5,000 CONTINUED FROM PAGE 1 “CH believes that certain of Tem- and Burlingame, Calif., although trucks annually, company press Temsa-brand buses and coaches sa’s products are substandard and some of those reportedly have materials state. are on the road. Additionally, Tem- Temsa declared, “The distribution that Temsa has not met its obliga- been closed. Authorized services Temsa exports 40 percent of its sa’s other major markets in Europe agreement is hereby terminated ef- tions with respect to those prod- were offered at 16 affiliates across bus and coach production. The include Germany, Italy, Austria, fective 90 days from the date here- ucts, relieving CH of its obligation the country, but it is unclear how company says it does business in Sweden, Lithuania and the Bene- of,” or on June 20. to pay Temsa. many are still offering service. 66 countries and “owns distributor lux countries. Thanks to its ex- That notice stated that CH had “The bulk of your letter focus- Temsa’s manufacturing plant and dealership networks in 30 panding product range, Temsa is breached the distribution agree- es on claims that Temsa has pro- in Adana, Turkey, is equipped and countries.” also rapidly increasing its market ment by failing to pay for mo- vided substandard products to CH staffed to produce 4,500 buses and The Temsa website reports, “In share in the United States.” torcoaches and spare parts on and has, thereby, damaged CH and time; selling third-party parts; im- become obligated to pay substan- properly using demo coaches; fail- tial sums. If Temsa’s products are ing to provide required financial as defective as CH claims, CH statements and business plans; would not demand that additional failing to promptly notify Temsa of buses be shipped…The fact of the customer complaints or claimed matter is that Temsa’s products are defects; and failing to service cus- not substandard…issues raised as tomers as required. to the products are transparent at- Headliner. In addition, Temsa stated that tempts to deflect and justify CH’s CH Bus violated the agreement by failure to meet its obligations and failing to ensure “its solvency, eq- to gain leverage in negotiations uity and cash flow” and “Imper- with Temsa.” Crowd pleaser. missibly providing Temsa with in- The letter argued that CH Bus’ correct documents or information, product claims were “extra con- with fraudulent intent.” tractual” because Temsa’s respon- Temsa filed suit on April 9 in sibilities are covered in the distri- the Court of Chancery for Dela- bution agreement, “which is clear Showstopper. ware. CH Bus filed a notice on and unambiguous as to the parties’ May 8 to move the case to the U.S. rights and obligations.” District Court for Delaware. CH Temsa entered the U.S. market Bus stated that it is a limited liabil- with CH Bus in 2010 and sold its ity company organized under the 1,000th vehicle here early in 2017. No matter how its defined, laws of Delaware but its ownership CH Bus reported sales of 200 new consists of five members who are motorcoaches last year. the JENSEN® JRV9000 multi-media system citizens of other states — Nevada, Temsa sells three models in the Minnesota and California. The U.S. — TS 30, TS 35E and TS 45 is always the star of the show. company also requested a jury if — that range from 30 to 56 seats. the dispute goes to trial. At the beginning of June, the CH Temsa’s December letter cited Bus website listed more than 60 a CH Bus claim that it was owed used motorcoaches, limousines money by Temsa as compensation and shuttle vans for sale. for claimed defects in a shipped For 2017, “We will probably motorcoach. sell 15- to 20-percent more new The letter stated that Haggerty units than we did in 2016,” Duane “wrote in an email to Temsa repre- Geiger, then-president and CEO of sentatives wherein he stated that CH Bus, said in an interview last CH would be deducting $250,000 year with Bus & Motorcoach from the sale” of a particular mo- News. He anticipated continued torcoach “and indicated that CH growth that could bring a Temsa will process the manufacturer cer- factory and electric motorcoach to tificate of origin (MCO) if the the U.S. in coming years. MCO is not immediately sent by Geiger has since left CH Bus. Temsa. CH is not authorized to CH Bus operated sales and ser- take either step.” vice centers in Orlando, Fla.; Pine

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JRV900 Showstopper ad-BMN '18.indd 1 6/6/2018 1:02:01 PM 14 July 1, 2018 INDUSTRY NEWS Bus & Motorcoach News Longtime chairman Frank Henry dies at 85 WILKES-BARRE, Pa. — charters, sightseeing tours and line The company now provides the Year Award, the top safety honor come out on top.” Frank Henry, chairman emeritus of runs, in 1908. In the early years transportation services in Pennsyl- in the over-the-road bus industry, Henry was the Martz Group motorcoach com- Martz provided transportation be- vania, , New Jersey, and the Vision Award, which goes to the longest-­ pany and a noted philanthropist, tween small mining towns in Penn- Maryland, , Florida and an operator that has sound business running active has died at age 85. sylvania, mostly helping coal Washington, D.C. practices and an excellent safety re- board member of Henry served as chairman of the workers get to and from work. Henry became chairman emer- cord and uses innovative approach- the American Martz Group, a fifth-generation Henry, Martz’s grandson, took itus in 2005 and his son Scott took es throughout its operation. Bus Association family-owned transportation compa- over as chairman of the company over as chairman of the company. In accepting the Vision Award, and was a former ny headquartered in Wilkes-Barre, in 1964. He grew the business and Henry and Martz received two Henry said he was proud to be sur- chairman. Frank Henry for more 41 years and as chairman was active in all of the Martz major awards from the United Mo- rounded at the Martz Group by Henry also had served as chair- emeritus for another 13 years. Group’s companies: Gold Line, torcoach Association during Mo- people “you can be proud of.” He man of Trailways, the Pennsylva- Frank Martz Sr. founded the National Coach Works, First Class torcoach Expo 2005. said that by picking employees who nia Bus Association and Gray Line Martz Group, which provides Coach and Martz Trailways. They won the Safety Leader of are smarter than you are, “you’ll Worldwide.

For more than 20 years, he has ST. CLOUD, Minn. — New People served in various marketing lead- Flyer of America Inc. and New ership roles, including director of Flyer Industries Canada ULC WINTER GARDEN, Fla. — brand management for Hyster- announced a series of Thom Peebles has been named Yale Materials Handling, Inc., leadership changes: vice president of marketing at and director of business develop- Kevin Wood, senior vice presi- ABC Companies. ment and brand marketing director dent for manufacturing and facili- Ashley Cornell, who has served at Michelin North America. ties, is retiring from New Flyer, as marketing lead for the past three Peebles, who has experience in effective July 2. years, will transition to a new role data-driven marketing, loyalty Margaret Lewis, senior vice Thom Peebles Kevin Wood Margaret Lewis Jennifer McNeill as vice president of strategic strategy, digital advertising and president for quality assurance and ­accounts, where she will focus on branded customer experience, will continuous improvement, will as- led the development, building and and India. supporting existing accounts and oversee all aspects of ABC Com- sume Wood’s role. expansion of multiple manufac- McNeill has been with New developing new employee-shuttle panies’ brand marketing and digi- Jennifer McNeill becomes vice turing and fabrication facilities Flyer for six years, assuming pro- programs throughout the tal and media communications. president, sales and marketing, di- across the continent. gressive leadership roles in sales fast-growing northern California “I look forward to working recting the strategic sales and mar- Wood will support the organi- and business development. She market. with the entire ABC team and our keting functions to support the zation during the transition, serv- has more than 20 years of experi- Peebles joined ABC from JCB, valued customers utilizing my ex- transit bus business and long-term ing as business advisor to assist ence leading teams, including her a UK-based manufacturer of con- perience to better meet evolving strategies. parent company NFI Group on most recent role of vice president, struction and agricultural heavy customer needs, and continue to For more than nine years, operational and strategic matters. sales and business development, equipment, where he served as build on our brand as a recognized Wood led the transformation of Lewis has been with New Flyer with New Flyer, as well as various vice president of marketing, North innovator and leader marketwide,” manufacturing operations and fa- for nine years, focusing on quality senior leadership roles in the aero- America. Peebles said. cilities through Operational Excel- systems implementation and con- space industry. lence. He oversaw the introduction tinuous improvement efforts. She She replaces Paul Smith, who of Xcelsior bus manufacturing in joined with more than 15 years of retired earlier this year as execu- CLASSIFIED ADVERTISING 2010 and the subsequent delivery automotive industry executive tive vice president of sales and of its 10,000th bus in May. He also leadership experience in the U.S. marketing. T2145 Visitors from Canada hit record VAN HOOL DENVER — While the num- travel, is the premier sponsor of they spent $19.4 billion on their ber of international visitors to the the IPW show. visits in 2016, Brand USA said. U.S. has dropped off during the U.S. government figures show More than one out of four in- COACHES past year, Canadians are heading that 20.2 million Canadians visited ternational arrivals to the U.S. in to destinations south of the border such popular American destina- 2017 were Canadians. At the same FOR SALE in record numbers, according to tions as Orlando, San Francisco, time, overall international visits to 2005 (1) and 2006 (2) Models Brand USA. New York City and Hawaii last the U.S. were down 3.8 percent, 58 pax (non-lift), Carrier HVAC, Restroom, DDC S60 Engine, “It’s our number one interna- year. That’s up 4.8 percent from Brand USA said. ZF Transmission, REI 5 Monitor Video, Excellent Interiors, Paint & tional market, with some 20 mil- 2016, despite the Trump presiden- U.S. authorities are forecasting Body, Aluminum Wheels, Mileage 635K to 710K lion visitors,” Brand USA Presi- cy sparking headlines of a “Trump a 22 percent increase in Canadian Priced to Sell: 2005 at $94,999 ~ 2006’s at $109,999 dent and CEO Chris Thompson slump.” visits between now and 2022. said during the U.S. Travel Associ- “Most of my experience prior Thompson said Brand USA Clean Florida buses…NO CORROSION! ation’s recent IPW tourism trade to Brand USA was with the state of has undertaken a number of signif- Contact Brian Scott show in Denver. “The good news is Florida,” Thompson said. “Of icant marketing programs in an ef- 727-545-2088 or [email protected] that in 2017…the Canadian num- course, we love the Canadians in fort to boost visitation. In the last bers are actually up.” Florida and we have a great rela- five years, Brand USA has boosted Brand USA, which works with tionship with them.” visits to the U.S. by more than 5.4 the travel industry to maximize the Not only are tourists from Can- million, with incremental spend- economic and social benefits of ada arriving in record numbers, ing of $17.7 billion, he said. 2002 MCI 102ELS3 Detroit Allison, 276k August 2018 Coral, Fla. Info: www.namo- miles, generator, full Calendar 7-10 International Motorcoach coaches.org bathroom, wet bar, July 2018 Group Strategic Alliance Meet- kitchenette, power ing, Doubletree Hilton, Sonoma, September 2018 window shades, rear 22-26 AMA-SCMA-GMOA Calif. Info: www.imgcoach.com 12 Maryland Motorcoach lounge folds into bed. Regional Meeting, Evergreen Marriott Conference Resort, 16-19 2018 NAMO Annual Association Annual Crab Fest, Priced to sell – Make an offer Stone Mountain, Ga. Info: www. 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Prevost-H3-45Ad-060817-BMN.indd 1 6/8/17 3:59 PM See for yourself what makes MCI models and service best-in-class It’s our 85th birthday! Help us celebrate our past, present and future, and be one of the first to discover our latest model innovations, service upgrades and more. Bring your teams for lunch, prize drawings, parts discounts and educational opportunities. IT’S GOING TO BE BIG!

Check out 2019 model- year updates to the best-selling MCI J4500, now featuring a fuel- saving, easy to service, swing out radiator and eFan Be among the first to test-ride the industry- system, along with optional Advance Driver leading J3500 coach Assistance Systems (ADAS)—only available from MCI

See our new D45 CRT LE RELIABILITY RALLY SCHEDULE with revolutionary July 10 Tuesday, accessibility and Winter Garden, FL experience a July 19 Thursday, Blackwood, NJ test drive July 24 Tuesday, Des Plaines, IL Check out the best Learn about the all-electric low-floor transit bus platform coming to both August 6 Monday, MCI J4500 and San Francisco Bay Area Hayward, CA D45 CRT LE models August 14 Tuesday, Take advantage of Find deals Los Alamitos, CA Discover a MCI Academy on pre-owned leader in September 6 Thursday, training opportunities, coaches, plus cutaway buses Montreal, Canada and parts specials discounts on service and September 13 Thursday, repairs Dallas, TX

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