May 1, 2018 MCI verdict raises concerns about liability standards LAS VEGAS — A jury found that no and we are not aware of any manufacturer vehicle defects were responsible for a bicy- that warns of this open and obvious fact. clist’s fatal sideswipe collision with a mo- MCI’s coaches have been used to safely torcoach before awarding his children $18.7 transport passengers in millions of miles of million in damages from Motor Coach operation and will continue to do so. We Industries. look forward to pursuing the next steps in The jurors declined to accept four alle- the legal process to overturn the jury’s ver- gations of defects made by attorneys for the dict on the failure to warn of air.” family of Kayvan Khiabani, 51, who died Khiabani was the head of hand and mi- April 18, 2017. But they decided that MCI crosurgery at the University of Nevada-Re- “failed to provide an adequate warning” be- no School of Medicine and chief of hand fore the collision and awarded damages. surgery at University Medical Center. The case will be appealed and, so far, When the accident occurred, the Las should not establish a broad new legal liabil- Vegas Review-Journal reported: ity standard, according to industry experts. “He happened to be cycling parallel to a The Khiabani attorneys had told jurors Motor Coach Industries bus about 10:30 “that the aerodynamic design of the tour bus a.m. when Khiabani appeared to accidental- created a pulling force equivalent to 20 ly veer left, witnesses told police. The quick pounds near the right front portion of the ve- A jury decided that a 2008 MCI J4500 motorcoach (similar to this one) involved in a fatal move caused him to bump into the passen- hicle…MCI should have known their design accident with a bicyclist had no design defects, but it awarded the victim’s family $18.7 ger side of the bus, then dip into the path of posed a risk to a cyclist like Khiabani.” million in damages because MCI “failed to provide an adequate warning” before the collision. the vehicle. The 50-year-old driver of the Attorneys for the family and MCI en- tour bus stayed at the scene and did not show gaged in lengthy, detailed debates over the without an identified product defect. ly disagree, however, with the jury’s finding signs of impairment, police said. The coro- technological feasibility and commercial A statement released by MCI following that MCI should have warned of the air dis- ner ruled Khiabani’s death an accident availability of proximity warning devices the verdict said: turbance that is generated by any large com- Thursday.” when the 2008-model coach was manufac- “We are pleased by the jury’s verdict that mercial or industrial vehicle. Ryan’s Express of Phoenix operated the tured. They also argued whether a product MCI’s industry-leading J4500 model coach “Everyone has felt the air disturbance bus. manufacturer could be liable for injuries was not defective in any way. We respectful- when being passed by a large bus or truck, CONTINUED ON PAGE 13 c NPS considering scaling back proposed fee increases WASHINGTON — The Na- not making it more expensive,” fees to as much as $70 per private could increase park revenue by being proposed as the Trump ad- tional Park Service (NPS), ac- said Michael Rogers, president of vehicle weekly (now $25 at some $70 million per year, a 34-percent ministration’s budget for next year knowledging overwhelming oppo- the Northwest Motorcoach Asso- parks). It would have cost $50 to increase over the $200 million col- calls for cutting park spending by sition, is “reconsidering” its ciation and Beeline Charters and enter on motorcycle and $30 on lected from fees in fiscal 2016. $400 million. proposal to double or triple en- Tours in Seattle. bicycle or foot. Some comments complained that Many comments supported trance fees at 17 of the most popu- “While a 10-percent increase NPS estimated the new fees the higher entrance fees were CONTINUED ON PAGE 10 c lar federal parks to address $11.7 feels like a win, I’m still cautious- billion in needed repairs and ly optimistic until the tour bus rate improvements. proposal is released.” Administrators have yet to an- In February, NPS leaders said nounce a new plan but told report- they were awaiting analysis of ers that 10-percent fee increases 110,000 public comments submit- will be suggested. ted in response to its fee proposal. Motorcoach entrance fees While NPS had yet to reveal its would have been set at $900 to analysis of the comments, which $1,200 under the now-discredited were posted online, the National proposal. News reports have not Parks Conservation Association indicated what NPS will propose said it found that 98 percent of com- next for bus and motorcoach fees. ments were critical of the hikes. “That’s good news. Our gov- In addition to $900 to $1,200 ernment should be encouraging entrance payments for motor- The National Park Service is expected to scale back its proposal to double or triple entrance fees at 17 of the most citizens to visit our national parks, coaches, NPS would have raised popular federal parks, including the Grand Canyon (pictured). Discover the beauty within The 2018 MCI J4500 Styled for instant passenger satisfaction with best-in-class legroom, and built for long-term value, the MCI J4500 is available for immediate PERMIT NO 1424 NO PERMIT delivery. Speak to your MCI representative today: 866-MCI-COACH. PHOENIX AZ PHOENIX US POSTAGE PAID POSTAGE US PRESORT STD PRESORT May 1 May or on or before deliver Please ostmaster: P BMN Banner ad 040618.indd 1 4/7/18 12:43 AM Say ‘Yes’S E ToRVI CEMore OPTIO N S ENGINE AND TRANSMISSION FLEET REPOWER MANAGEMENT SERVICE SERVICES CUSTOM DIGITAL GRAPHICS AND DESIGN STANDARD AND CUSTOM PAINT STRATEGIC LOCATIONS 8NATIONWIDE CUSTOMER SPECIFIC MAINTENANCE PROGRAMS COACH UPGRADE KITS FOR VAN HOOL, MCI AND PREVOST OVER 200 HIGHLY TRAINED SERVICE TECHNICIANS www.abc-companies.com 844.287.3183 Bus & Motorcoach News INDUSTRY NEWS May 1, 2018 3 Greyhound rejects request to adopt sanctuary policy DALLAS — Greyhound Lines passengers to intimidating interro- a “reasonable suspicion” that they The letter was prompted by shoes looked “suspicious,” as if he has refused a request by the Amer- gations, suspicionless searches, were illegally in the country, accord- several incidents on Greyhound had just crossed the border. ican Civil Liberties Union that the warrantless arrests, and the threat ing to the San Francisco Chronicle. premises or buses in recent The ACLU said Greyhound company refuse to allow immigra- of deportation.” “We are aware that routine months, including at least two in and its passengers are protected tion agents to board its buses un- In response to the letter, Grey- transportation checks not only af- California. In January, Border Pa- under the Constitution’s Fourth less they have a judicial warrant hound said in a statement that it un- fect our operations, but our custom- trol agents boarded a Greyhound Amendment, which generally re- for a specific passenger. derstood the concerns of the ACLU ers’ travel experience, and we will bus in Indio and asked every pas- quires officers to obtain a warrant, U.S. Border Patrol agents have and bus passengers but said it “is continue to do everything legally senger for proof of citizenship, the based on probable cause of wrong- been boarding Greyhound buses required to comply with the law.” possible to minimize any negative ACLU said. doing, before seizing anyone. and questioning passengers in The company cited federal laws experiences,” the company said. In February, the ACLU said, “Greyhound has a Fourth their attempts to crack down on il- allowing immigration officers with- “Greyhound has opened a dia- agents boarded another Greyhound Amendment right to deny (the legal immigration. in 100 miles of the border to enter logue with the Border Patrol to see bus in Indio and seized a passenger Border Patrol) permission to board ACLU chapters in California and search any vehicle “to prevent if there is anything that can be as he was boarding. They questioned and search its buses without a judi- and nine other states sent a letter the illegal entry of aliens into the done to balance the enforcement of him and held him for possible de- cial warrant,” the ACLU said in its saying the company “should not be United States,” and to detain indi- federal law with the dignity and portation, explaining afterward that letter. “We urge Greyhound to in the business of subjecting its viduals, without a warrant, based on privacy of our valued customers.” they singled him out because his change its policy.” Prevost agrees to sponsor Bus Industry Safety Council SAINTE-CLAIRE, Quebec — regulatory compliance. its all-encompassing safety initia- ABA founded BISC in 1999 as “Not only do we have the backing Prevost has agreed to sponsor the As part of the Volvo Group, tive is to ensure no Volvo vehicle is a forum for bus and motorcoach and support of a truly quality com- Bus Industry Safety Council (BISC) Prevost heralds its safety mission as ever involved in an accident. operators, safety directors, mainte- pany that shares our vision, BISC is in the interest of advancing overall a core value and guiding principle. “We have always put safety nance supervisors, OEMs, vendors now in a position to grow and devel- bus safety for all operators and bus Building on its legacy, the Volvo first, as do the members of BISC,” and government agencies to focus op from Prevost’s vast safety re- and motorcoach passengers.