National Bus Trader The Magazine of Bus Equipment for the United States and Canada Volume XLIV, No.5

National Bus Trader

The Magazine of Bus Equipment for the United States and Canada Volume XLIV, No. 5

April, 2021

Serving the bus industry since 1977.

Visit us at www.busmag.com.

• New Prevost Passenger and Driver Features • The Origin of Eagle Coaches • Unintended Defacto Regulations • COVID-19 Vaccine Priority for Commercial Bus Drivers

Together for a safer and more sustainable future Irizar USA 100 Cassia Way Henderson NV, 89014 702 431 0707 www.irizarusa.com

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National Bus Trader The Magazine of Bus Equipment for the United States and Canada STAFF Editor & Publisher Larry Plachno

Business Manager Nancy Ann Plachno Typesetting/Page Layout Sherry Mekeel

Production/Design/Web Jake Ron Plaras

Volume XLIV

National Bus Trader 9698 W. Judson Road Polo, Illinois 61064-9015 Phone: (815) 946-2341 Web site: www.busmag.com

Number 5

April, 2021

Features CONTRIBUTORS Safety and Liability Ned Einstein Dave Millhouser

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N AtIONAL B uS t RADER is THE Magazine of Bus Equipment for the United States and Canada. the contents of this publication may not be reproduced either in whole or in part without the written consent of the publisher. the name National Bus Trader, the logo incorporating the outline of the united States, and the pricing guide to used buses are trade marks of National Bus trader, Inc.

Enhancing Comfort and Safety, Prevost Delivers New Passenger and Driver Features . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 As group travel returns to the roads, Prevost announces several new projects focusing on the driver and passengers.

Included are new seats, EnviroCare® for purifying cabin air, emergency lighting, upgraded climate and audio controls, Prevost Driver Assist and electronic mirrors.

The Origin of Eagle Coaches (by Larry Plachno) . . . . . . . . . . . . . . . . . . . . . .20 Our editor takes us back in history to explain the complex and interesting story leading up to the first Eagles for trailways and how Greyhound, General Motors and others were involved.

Unintended Defacto Regulations (by Dave Millhouser) . . . . . . . . . . . . . . . .26 Writer Dave Millhouser brings up the point that regulations can be excessive to the point of being detrimental to business. this can be a particular concern when those regulations harm small companies or those owned by minorities.

COVID-19 Vaccine Priority for Commercial Bus Drivers (by Matthew W. Daus, Esq.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 Here is the current status and information on how bus drivers are being given vaccine priority in many places because of their exposure in keeping public transportation moving during the pandemic.

Cover Photo Our cover photo this month features an H3-45 Prevost coach. As groups return to traveling again, Prevost announces several safety innovations and improvements for drivers and passengers including new seats, electronic mirrors and emergency lighting.

See the article starting on page 16 for details. PREvOSt.

Departments Equipment News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Safety and Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Classifieds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Advertiser’s Index appears on page 36

National Bus Trader / April, 2021 • 3

Equipment News

GO Transit, providing fixed route service in Oshkosh, Wisconsin, recently installed the Proactive Air and Surface Purification System from NFI Parts on its fleet. The system safely sanitizes both air and surfaces inside the bus.

Valley Transit, operating fixed route service throughout the Fox Cities in Wisconsin, has also installed the NFI Proactive Air and Surface Purification System on its fleet. The system disinfects the buses while they are on the road.

Proactive Air Purification System for GO Transit and Valley Transit GO Transit (in the city of Oshkosh, Wisconsin), and Valley Transit (serving the Fox Cities in Wisconsin) are keeping riders safe with the Proactive Air and Surface Purification (PASP) system from NFI Parts®. NFI Parts is the parts subsidiary of NFI Group Inc. (NFI), one of the world’s leading independent bus manufacturers.

CoV-2, the virus that causes COVID-19, as well as deactivating coronavirus 229E. The technology has also been tested in operation in a stationary mass transportation vehicle environment where surface bacteria levels were reduced to almost non-detectable levels and VOC (volatile organic compounds) air quality measurements were reduced by almost 96 percent.

The PASP units use proprietary technology to create advanced purification by producing high energy clusters which are distributed throughout the interior of the vehicle safely sanitizing both air and surfaces, leaving behind substantially less harmful residue. It is mounted directly in the passenger compartment allowing for deactivation of viruses as they are introduced into the vehicle. Virus deactivation at the source of introduction is one of the critical factors to increasing passenger and vehicle safety.

“It not only deactivates the SARS-CoV-2 virus, it is also effective on other viruses, bacteria, mold, fungus, VOCs, mildew and odors, making the experience of public transportation more comfortable and appealing,” continued Dewsnup. “The bar for cleanliness has been raised over the course of the last 11 months; equipping fleets with the latest technology will assist in maintaining this new standard and restoring rider confidence that the onboard air and surfaces are cleaner with this system installed.”

“Our PASP system disinfects without downtime or additional cleaning during service; once it has been installed and the vehicle is running, it continuously disinfects while the vehicle is on the road,” said Brian Dewsnup, president at NFI Parts. “Unlike many other technologies implemented in response to the pandemic, operating this technology while the bus is in operation is not harmful to passengers and drivers. We are proud to offer this as part of our Clean and Protect product line.”

Testing at the University of Florida confirmed the technology deactivates SARS4 • National Bus Trader / April, 2021

Clean and Protect products each work to support the five principles of transportation safety: Distancing, disinfecting, air quality, PPE and communication. These areas can help improve the safety onboard motor coaches and are critical steps toward restoring the consumer confidence needed to restart the industry.

“The safety and security of our riders and staff is our top priority,” said Jim Collins, transportation director at the City of Oshkosh. “After completing the installation of driver barriers and hand sanitizing sta-

tions, the PASP unit was a great solution to round out our safety strategy.”

Both GO Transit and Valley Transit have maintained service schedules throughout the pandemic, providing an essential transportation option to keep their community moving.

Riders can find the latest information about traveling safely on their respective social media pages: facebook.com/GOtransit/ and twitter.com/ValleyTransit.

“We’re extremely happy to have something installed in our fleet that is able to disinfect air and surfaces throughout the day,” said Ron McDonald, general manager at Valley Transit. “Since joining the APTA Health and Safety Commitment Program, we have remained committed to following every precaution possible to ensure our buses are safe.

The unit running while buses are on the road, paired with daily cleaning crews and new driver barriers, covers all bases.”

GO Transit operates on a fixed route system in Oshkosh, Wisconsin, providing bus service to more than one million passengers per year.

Valley Transit’s vision is to get people where they want to go throughout the Fox Cities in Wisconsin. They provide safe customer-focused transportation options that connect communities to enhance their quality of life. In doing so, Valley Transit provides numerous transportation options throughout a Tri-County area that covers 117 square miles with a population greater than 200,000 residents.

Equipment News The strong partnership between NFI Parts and its supply network has resulted in inventory on high demand items to be available for purchase. Due to the popularity of the Clean and Protect products, customers are encouraged to reach out to their NFI Parts customer service representative as quickly as possible to minimize lead times.

More information NFI Parts Clean and Protect product line can be found here: www.nfi.parts/cleanandprotect.

ABC to Distribute Vicinity Buses Grande West Transportaton Group Inc., a leading supplier of electric, CNG, gas and clean diesel buses, recently announced that it has entered into a strategic U.S. distribution agreement with ABC Companies (ABC), a leading provider of motorcoach and transit equipment in North America.

The ABC distributorship supports Grande West’s focus on U.S. expansion as it begins marketing the fully Buy America compliant Vicinity™ heavy duty mid-size bus, the Vicinity Lightning™ EV and Vicinity™ LT light-duty models to new and existing customers.

Under the new agreement, ABC Companies, a leading provider of motorcoach, transit and specialty passenger transport equipment in the USA and Canada, will distribute the manufacturer’s Vicinity heavyduty vehicles throughout the Western United States from Texas to California. The Vicinity line fills in key transit and private shuttle markets within the ABC portolio of new vehicles for these locations, enhancing the offering to current customers while expanding to other sectors.

“As we continue to expand the ABC product portfolio, our main goal is to provide more choice and price points for operators,” said Roman Cornell, president ABC Companies. “Our customers’ needs drive our strategic priorities and after an extensive search, we found the Grande West Vicinity product line achieved best in class results across a number of the Federal Transit Authorities Altoona testing procedures. Our distribution agreement with Grande West enables ABC to offer its proven track record of customer sales, service and support with a proven, high-quality Buy America compliant product line, inclusive of their innovative new battery-electric vehicles.

“The Grande West Vicinity lineup offers added flexibility and choice to our transit customer base who already utilize ABC’s parts and maintenance services, providing a great fit for our large base of operators.

With decades of experience in sales, technical, repair and maintenance support, ABC is committed to supporting heavy-duty, midsize market users who can leverage the

ABC Companies has entered into an agreement with grande West Transportation Group to distribute Vicinity buses in the Western United States from Texas to California. Developed in British Columbia, the Vicinity has become popular in Canada and now in the United States. It is available in different lengths and with multiple power options.

expertise of a proven market leader like Grande West,” concluded Cornell.

“We are proud to announce our distribution partnership with ABC, representing an excellent addition to our reach in the United States, particularly as we begin to market our Buy America compliant Vicinity buses to new and existing customers,” added William Trainer, president and chief executive officer of Grande West. “In particular, ABC’s well-established reputation for EV sales in the California market will prove invaluable as we bring our new Vicinity Lightning EV bus to market. We look forward to working closely with Roman and the ABC team going forward.”

CCW Delivers Rehabbed Buses to Capital Area Transit Complete Coach Works (CCW) announced on March 15 that it has made the final delivery to Capital Area Transit (CAT). The contract, which calls for the rehabilitation of two articulated New Flyer buses, was awarded late last year.

Work on the buses included repowering the engines to Cummins Recon ISL. The new engines are fuel efficient, low weight and compact. Additional work for the buses included installment of rebuilt Allison transmissions, new driver seats, reupholstered and repainted passenger seats, new interior and exterior LED lighting and ADA-compliant wheelchair ramps. Other upgrades included new brakes and suspensions, steering components and destination signs.

Rehabilitation of vehicles is often part of a transit system’s strategy. During the COVID-19 pandemic, the 60-foot articulated vehicles provides more space for riders and allows for greater social distancing. The vehicles also enhance the passenger experience by improving customers’ comfort and safety in a cost-effective manner.

By purchasing a remanufactured bus, CAT receives two fully-renovated buses for about half the cost of a new bus. “A complete restoration is not only cost-effective, but a retrofit bus takes a fraction of the time to deliver in months not years,” states Brad Carson, director of sales and marketing at CCW. “Our priority is to assist our clients in their efforts to ensure the safety of the people in their communities. We will continue to work and support agencies through this unprecedented time”.

Complete Coach Works (CCW) is the largest bus remanufacturing and rehabilitation company in the United States, with more than 30 years in the transportation industry. A pioneer in the field of alternative fuel and hybrid vehicle technology, CCW has always worked to provide clean vehicles through innovative design and engineering, and it unveiled the world’s first remanufactured all-electric, batterypowered bus in 2012. For jobs of any size, CCW’s team of more than 350 experts always provides cutting-edge products and exceptional customer service.

National Bus Trader / April, 2021 • 5

Equipment News Capital Area Transit (CAT) also known as the Cumberland-Dauphin-Harrisburg Transit Authority, is a regional public transportation agency that operates bus and shared ride/paratransit services in the Harrisburg, Pennsylvania metropolitan area. CAT's shared ride/paratransit operations serve residents throughout Dauphin County.

New IRU Survey Shows Driver Shortages to Soar in 2021 IRU’s annual driver shortage survey has revealed that, despite reduced demand due to COVID-19, there is still an alarming shortage of drivers.

Surveying 800 road transport companies from more than 20 countries, IRU found that driver shortage was most acute in Eurasia, where last year 20 percent of driver positions were not filled. China was the least affected country in 2020 with only four percent of jobs open.

Elsewhere, driver shortage was less serious in 2020 than 2019 due to the pandemic. In Europe, unfilled driver positions fell by around three quarters, from 20 percent to five percent for bus and coach drivers and from 24 percent to seven percent for truck drivers.

Transport companies, however, forecast driver shortages to intensify again in 2021 as economies recover and demand for transport services increases. European companies are expecting a 17 percent shortfall in drivers this year. This shortfall is expected to reach 18 percent in Mexico, 20 percent in Turkey, 24 percent in Russia and almost one third in Uzbekistan.

The IRU in Europe recently completed a survey on the driver shortage in more than 20 countries.

While the driver shortage was less serious in 2020 because of the pandemic, it is expected to become worse in 2021. It was noted that the percentage of female bus and coach drivers increased in 2020.

“Driver shortage threatens the functioning of road transport, supply chains, trade, the economy and ultimately employment and citizens’ welfare. This is not an issue that can wait, action needs to be taken now,” said IRU Secretary General Umberto de Pretto.

The IRU survey also investigated the reasons for driver shortage, finding that a lack of trained drivers was the main cause in all regions (38 percent of respondents).

Challenging working conditions, further exacerbated by the pandemic, and difficulties attracting women and young people to the profession were also cited as issues. The

Complete Coach Works recently delivered two rehabbed buses to Capital Area Transit in Harrisburg, Pennsylvania. Two buses were rehabbed for about half of the price of a new bus. The 60-foot buses provide more space for riders and allow for greater social distancing.

survey points to mixed results in the industry’s quest to attract more women across all parts of the sector. Only two percent of truck drivers globally are women and all countries surveyed saw the percentage of women truck drivers fall. However, there were encouraging signs in Europe with the share of female bus and coach drivers climbing from 10 percent to 16 percent of the total workforce in 2020.

The percentage of truck drivers under 25 fell nearly everywhere in 2020, from already low levels down to five percent in Europe and Russia, six percent in Mexico and seven percent in Turkey. With the average age of professional truck drivers globally now close to 50 and steadily growing older each year, this demographic time bomb will only get worse without action to reduce minimum driver age.

With youth unemployment well more than 30 percent in some countries, attracting young people to the sector should be simple. However, the minimum age for professional drivers is 21 or higher in many places, creating a large gap between leaving school and taking the wheel. Governments should set the minimum age for trained drivers at 18, with training starting from 17, in order to unlock the full potential of the profession as a global job engine.

More investment in safe and secure truck parking areas to fix the current massive global shortfall would make long-haul driver conditions safer and get more people behind the wheel, especially women.

6 • National Bus Trader / April, 2021

Training and certification remain vital to attract and develop skilled drivers, especially with new technology, safety expecta-

Equipment News tions and compliance standards. The new IRU RoadMasters Programme helps the industry to invest in people to address driver shortages.

An industry first, Block of Hours is designed to help operators increase uptime, plan ahead and keep coaches on the road where they belong.

The effect of COVID-19 restrictions on professional drivers, especially with the media highlighting their poor treatment at delivery sites and temporary border controls, negatively impacted the attractiveness of the profession last year. Working conditions will improve when drivers are treated with more respect. IRU has launched a global charter on driver treatment to support this.

“Prevost is committed to providing effective solutions for our customers’ needs, and we recognize maintenance costs can be some of the largest expenses for operators in both time and money,” said Randy Castillo, Prevost service network director.

“Block of Hours can be tailored for any sized fleet and was developed specifically to ease budgeting and allow operators to more effectively plan for expected and unexpected maintenance.”

“The solutions are there, but if governments do not act now to ease access to profession, improve working conditions and upskill the workforce, driver shortage will continue to disrupt and eventually irreparably damage vital mobility networks and supply chains,” concluded Umberto de Pretto.

Prevost Introduces Block of Hours Service Program Prevost recently introduced Block of Hours, a brand new program allowing operators with any sized fleet to reserve a regularly scheduled time slot in a Prevost service center for service from preventive maintenance to unexpected stops.

The Prevost Block of Hours program guarantees regularly scheduled bay time for all services, from preventive maintenance to emergency repairs. The program is available for all major coach makes and models and can be scheduled for weekly or biweekly visits. A Block of Hours agreement includes discounted rates for both parts and service.

Gray Line Tennessee, a Nashville-based charter and tour company, was one of the first to pilot the Block of Hours program. After only two months of utilizing the program, Gray Line recognized the benefits of having

guaranteed bay time available each week and increased the number of hours in their block.

“Implementing Block of Hours has allowed our maintenance team to focus on more complex, rigorous tasks with confidence in Prevost as a premium, high-caliber maintenance facility,” said Chuck Abbott, president and CEO – Gray Line Tennessee. “Since starting the program, we’ve lost zero dollars of revenue due to a coach being down.”

For more information about the Prevost Block of Hours program, contact your local Prevost service center or Prevost customer support manager.

Prevost has provided coach solutions for nearly a century with an uncompromising commitment to quality, a drive for constant innovation and improvement, and dedication to safety and sustainability in every business aspect. Today, Prevost is one of North America’s largest producers of premium intercity touring coaches and is the world leader in the production of high-end motor home and specialty conversion coaches. Customer support is secured via the largest service network in the motorcoach industry with 17 OEMowned and operated service centers across

National Bus Trader / April, 2021 • 7

Equipment News

An early morning fire on February 26 in Compton, south of central Los Angeles, destroyed a block of property including a bus lot. A total of 21 buses were lost in the blaze that also destroyed other businesses and homes nearby.

North America, a specialized customer support team with more than 260 years of industry experience and 60 mobile service vans. Prevost manufacturing facilities are located in Sainte-Claire, Quebec, Canada.

Prevost is part of the Volvo Group, one of the world’s leading manufacturers of buses, trucks, construction equipment, power solutions for marine and industrial applications, financing and services that increase customer uptime and productivity. For more information, visit www.volvogroup.com.

Twenty-one Buses Lost in Los Angeles Fire On February 26 an early morning fire started in Compton, south of central Los Angeles. It destroyed a block of property including homes and five businesses.

Involved were two pallet yards and a mat-

Chris Sanchez from TLC Luxury Transportation lost 10 vehicles in the fire.

Aju Tours had eight buses and a Sprinter van parked in the same lot with one bus form Rabbit Express and two from Luizen Tours that were also destroyed.

tress company. Firefighters were hampered by a lack of water pressure. The city was able to fix the issue, but by then the blaze had spread to the bus yard.

Bus operator Chris Sanchez from TLC Luxury Transportation was awakened that morning by telephone calls telling him that his bus yard was on fire. He lost 10 vehicles in the blaze. Included were eight coaches – six Temsas, an MCI and a Prevost – as well as two school buses with wheelchair lifts.

Three other bus operations leased parking space from Sanchez. Included were Luizen Tours USA with two buses, Rabbit Express with one bus and Aju Tours that operated eight buses and a Sprinter van.

All three lost their fleets in the fire.

Sanchez grew up with a family-owned trucking business and then worked for other

ARBOC recently introduced its new Equess CHARGE accessible battery-electric, low-floor bus.

Available in both 30- and 35-foot lengths, this model combines low-floor accessibility with clean battery-electric power. Regular production distribution is expected to start in the fourth quarter of 2021.

bus companies including Ryan’s Express and Silverado Stages. He started his own bus business in 2017. The company had a good year in 2019 and was able to keep some buses running in 2020.

Reports have not been completed, but initial observations suggest that the fire may have started in a homeless encampment in a nearby alley that spready to an adjacent pallet yard. No one died in the blaze, but it reportedly caused millions of dollars in damage. The city has since been cleaning up the streets and fixing the fire hydrants.

Although Sanchez was not a member, the California Bus Association started an online fundraiser with $1,000 to help him.

Sanchez also began an online fundraiser.

ARBOC Launches Electric Low-Floor Bus ARBOC Specialty Vehicles, LLC (ARBOC), a subsidiary of NFI Group Inc. (NFI), one of the world’s leading independent global bus manufacturers, recently announced the introduction of its batteryelectric, low-floor purpose-built bus: the zero-emission Equess CHARGE™.

Available in 30-foot and 35-foot models, the Equess CHARGE builds on ARBOC’s proven Equess transit bus platform, and utilizes the in-field electric vehicle technology from New Flyer of America (New Flyer) another NFI Group subsidiary. The Equess CHARGE offers battery technology made in America by XALT, SIEMENS electric motors (highest torque available for steep grade cities) with efficient regenerative energy recovery and charging infrastructure compliant with industry standards.

8 • National Bus Trader / April, 2021

"Providing innovative transit solutions for over 90 years, NFI is leading the zero-emission evolution with over 1,900 electric buses on the road in the United States and Canada.

Today, we expand NFI’s comprehensive suite of sustainable transportation solutions with our Equess CHARGE," said Doug Minix, gen-

Equipment News eral manager, ARBOC. “With the Equess CHARGE, we continue to lead the industry in low-floor, accessible mobility – providing transportation solutions that improve the environment while delivering a better experience for passengers through spacious entranceways, elimination of steps, superior entry ramp ratio and a smoother ride.”

From the introduction of low-floor cutaways, to being the first to incorporate multiplexing on all products and producing the first purpose-built medium-duty bus, ARBOC continues to lead the industry with superior manufacturing and innovative technology.

Passengers on the battery-electric Equess CHARGE will experience a smooth ride and added benefits the Equess design offers. With no steps throughout the bus, a spacious 39-inch entrance door opening and a superior entry ramp ratio for passengers with mobility assist devices, the Equess platform offers an enhanced level of accessibility. The Equess CHARGE features a carrying capacity of up to 33 seated passengers and six wheelchair passengers, all accomplished by optimized battery placement on the roof of the vehicle and in a rear compartment. Extended range configurations allow for up to 437 kWh battery capacity with anticipated transit ranges of approximately 230 miles on a single charge.

The Equess CHARGE will feature the SIEMENS ELFA 3 direct drive motor and a roof-mounted energy storage system (ESS) compromised of 4-5 strings of batteries (dependent on bus length), with each string housed in an IP67 (weather tight) enclosure. The Equess CHARGE also includes a roof-mounted battery thermal management system, SIEMENS inverter rack assemblies (with 702 volts primary and 460 volts secondary), Parker Vansco electric controls and multiplexing and will be compatible with a depot charger with a common CCS Type 1 plug.

The Equess CHARGE prototype is complete and manufacturing of the 35-foot model will commence early 2021. The first production bus will then undergo testing through the Federal Transit Administration’s Model Bus Testing Program in Altoona, Pennsylvania in 2021, with production for distribution anticipated for the fourth quarter of 2021. The Equess CHARGE will be distributed exclusively by Creative Bus Sales in the United States and by Dynamic Specialty Vehicles, Crestline Coach and Creative Carriage in Canada.

FMCA Offers Discounted Enrollment Fee Record numbers of people are discovering the advantages of RV travel. An RV provides a safer, more controlled way of vacationing and spending time in the outdoors, with all the associated physical and mental health benefits. To welcome new RV owners to its community and introduce them to the support the group provides, FMCA RV Club is offering a discounted one-year enrollment fee of $60 for a limited time ― $25 off the usual rate, a savings of 30 percent. Those who want to save even more can sign up for one or two additional years.

FMCA RV Club members travel with peace of mind knowing that their membership has them covered. Member-only benefits include the FMCAssist Medical Emergency and Travel Assistance Program and a subscription to Family RVing magazine (the official monthly publication of the FMCA RV Club), plus discounts on roadside assistance, RV and passenger car tires, insurance and more. Not to mention that belonging to a supportive community of RV ownersadds to the fun and adventure of the open road.

RV owners interested in joining at the special rate should visit join.fmca.com/join60-b/or phone (800) 543-3622 or (513) 474-3622, Monday through Friday, 8:00 a.m. to 5:00 p.m.

Eastern time.

The Family Motor Coach Association (FMCA) recently offered a discounted enrollment fee. Now available is an enrollment fee of $60 – $25 off the usual rate, a savings of 30 percent. Based in Columbus, Ohio, FMCA is the world’s largest nonprofit association for recreational vehicle owners.

FMCA is the world’s largest nonprofit association for recreation vehicle (RV) owners. The organization maintains its national headquarters in Cincinnati, Ohio, and currently has nearly 150,000 active members.

FMCA offers its members benefits that include a subscription to its monthly magazine, Family RVing; a medical emergency and travel assistance program valued at $200-plus per family; a tire purchasing program; group rates on a roadside assistance program, RV and auto insurance, and RV tours and caravans; and discounts on a mobile Internet access plan from Sprint. Perhaps the most important benefit of FMCA membership is the camaraderie and friendships that develop among people enjoying the common interest of RV travel. For more information, visit FMCA.com or phone (800) 543-3622 or (513) 474-3622.

Grande West Announces Share Consolidation and Name Change Grande West Transportation Group Inc., a leading supplier of electric, CNG, gas and clean diesel buses, announced that it convened an Extraordinary Meeting of Shareholders on March 24, 2021 to seek shareholder approval for a consolidation of its share capital in order to meet near-term NASDAQ uplisting requirements. The proposal to be presented calls for up to every three shares of the company before consolidation to be consolidated into one share.

The company currently has 86,507,263 shares outstanding and, accordingly approximately 28,835,754 shares will be outstanding after the consolidation.

Concurrent with the share consolidation, the company will change its name to Vicinity Motor Corp. to reflect the company’s increasing focus on the commercialization of its next-generation electric buses.

“We are thrilled to announce our name change to Vicinity Motor Corp. and our pursuit of a NASDAQ listing in 2021,” said William Trainer, president and chief executive officer of the company. “We believe that a NASDAQ listing will enable us to improve liquidity, broaden our potential shareholder base to U.S. investors and best allow the company to achieve fair value in the capital markets. I look forward to continued operational and capital markets execution in the months ahead, positioning the company for what I believe will be a watershed year.”

The share consolidation is subject to shareholder approval, and documentation in support being accepted for filing by the TSX Venture Exchange and the Registrar of Companies for the Province of British Columbia. The name change is also subject to regulatory approval.

National Bus Trader / April, 2021 • 9

Equipment News ZF EcoLife Transmission Upgrade on New York Fleet ZF recently completed software upgrades to 740 New York City transit busses to significantly improve fuel economy, resulting in an annual savings of approximately $1.6 million or 720,000 gallons of fuel. The upgraded software 2.0.4 enables earlier EcoLife variants to realize nearly the same improved fuel economy of EcoLife 2, ZF’s second generation of its popular six-speed automatic transmission. Test fleets are currently running (or scheduled) to transfer the experience gained in New York City to other large metropolitan fleets.

“Through an easy and inexpensive software upgrade, ZF can offer remarkable fuel and emission savings to past EcoLife customers,” explained Sebastien Braun, head of ZF Axle and Transmission Systems for Buses and Coaches, North America. “In addition to the 740 NYCT buses, there are currently about 3,000 buses running in the U.S. and Canada that could benefit from this software upgrade. Second only to cars, buses are the most important means of transportation for passengers and play a critical role toward ZF’s “Vision Zero” goal of eliminating emissions.”

ZF’s six-speed automatic transmission, EcoLife, is in its second generation and boasts several advantages including improved fuel economy capabilities with stop/start, efficiency opportunities through optimized shifts and speed range and reduced service time.

ZF recently completed software upgrades to EcoLife transmissions on 40 New York City transit buses.

This upgraded software significantly improves fuel economy and is expected to save approximately $1.6 million annually. There are about 3,000 other buses running in the United States and Canada that could benefit from this same upgrade.

HART Expands Autonomous Service in Downtown Tampa HART SMART AV, Tampa Bay's first, fullyelectric automated vehicle pilot, has expanded service hours. The autonomous shuttle, operated by the Hillsborough Area Regional Transit (HART) and BEEP, an Orlando-based autonomous shuttle service

Hart Smart Autonomous Vehicle service in Tampa now has extended hours from 6 a.m. to 7 p.m. The extended hours were made possible by adding a second shuttle to the route so that one vehicle could charge while the other is operating. This service connects the TECO Streetcar Line with the Marion Transit Center.

provider, is now operating 6 AM - 7 PM; an additional five hours daily from the initial schedule of 6-10 a.m.; 3-7 p.m.

The service expansion is possible due to the recent addition of a second shuttle operating along the route, which allows one of the vehicles to charge while the other is operating.

The expansion of service hours positions HART SMART AV as a great lunchtime transportation option for downtown workers and residents, who do not want to move their car or search for parking.

Funded by the Florida Department of Transportation, and in partnership with BEEP, HART launched the one-year HART SMART AV autonomous vehicle pilot on October 12, 2020. The free shuttle offers first mile, last mile connection between the TECO Line Streetcar and the Marion Transit Center, along North Marion Street in downtown Tampa.

The driverless shuttle is 100 percent electric and costs less than $30 per month to charge. HART SMART AV operates without a steering wheel and uses a pre-programmed, fixed route with a combination of localization techniques, involving state-ofthe-art sensor technology. The shuttle uses eight sensors on the outside of the vehicle providing a 360-degree view of the environment. An on-board shuttle attendant serves as an ambassador for the riders to learn

10 • National Bus Trader / April, 2021

Equipment News Daimler and Cummins Announce Global Plan for Medium-Duty Engine Daimler Truck AG and global power leader and independent engine manufacturer Cummins Inc. announced that the companies have signed a memorandum of understanding establishing a global strategic partnership for medium-duty engine systems. The companies added that other opportunities for collaboration are also being evaluated.

more about the technology and oversee the high-quality passenger experience.

The route includes four stops at Marion Transit Center's Bay F, Kennedy Boulevard, Washington Street and Whiting Street, with the option for a future stop at Tampa City Hall. The autonomous shuttle will operate at a maximum speed of 15 m.p.h. as part of the one-year pilot.

"HART is proud to be the regional leader in a new era of transportation innovation in Tampa Bay," said Adelee Le Grand, HART chief executive officer. "We are looking at HART SMART AV to provide valuable data and insight to assist decision-making in the delivery of transit service in the future." For more information on HART SMART AV, visit goHART.org/AVpilot.

Swarthout Coaches Using Proactive Air System NFI Parts®, the parts subsidiary of NFI Group Inc. (NFI), one of the world’s leading independent bus manufacturers, announced recently that Swarthout Coaches Inc. has purchased Proactive Air and Surface Purification units to outfit its entire fleet.

The PASP system technology creates high energy clusters (HEC) and advanced bi-polar ion oxidizers that deactivates dangerous pathogens at the cellular level in the air and on the surfaces. It works on its own while the vehicle is in use and does not require additional down time or disinfecting labor during service hours. The unit is an easy-to-install solution and does not void vehicle system warranties and only requires 12V power to operate.

“It’s very exciting to see the positive response to the PASP system,” said Scott Robertson, vice president of Customer Service at NFI Parts. “Our industry needs to meet the raised expectations for safety and cleanliness riders now have as we continue through the pandemic. The team at Swarthout has made a great long-term investment in their fleet choosing this new technology.”

The technology has been tested in a stationary mass transportation vehicle environment; surface bacteria levels were reduced to almost non-detectable levels, VOC (volatile organic compounds) air quality measurements were reduced by almost 96 percent. Lab testing in 2020 conducted at the University of Florida confirmed the technology deactivates SARS-CoV-2, the virus that causes COVID-19, as well as deactivating coronavirus 229E. Effective against viruses, bacteria, mold, fungus, VOCs, mildew and unpleasant odors, the unit is mounted directly in the pas12 • National Bus Trader / April, 2021

Swarthout Coaches outfitted its fleet with the Proactive Air and Surface Purification System from NFI Parts. This system is mounted in the passenger compartment and operates while the vehicle is in service.

senger compartment allowing for deactivation of viruses as they are introduced into the vehicle. Virus deactivation at the source of introduction is one of the critical factors to increasing passenger and vehicle safety.

“Our goal is to ensure our fleet is outfitted with the best available technologies to keep drivers and riders safe,” Mark DiGiacomo, operations manager at Swarthout Coaches.

“We treat our customers and employees the same as we would our family; the standards we set for ourselves are not based on ‘minimums’. The PASP units, along with upgrades to our air filtration systems, offer a healthy and clean cabin environment.”

Swarthout Coaches recently celebrated its 70th Anniversary and is proud of its service to the residents of the Southern Tier and central New York communities. As the third generation of ownership has taken over the reins of the business, their commitment remains strong to providing the highest levels of hospitality, while keeping a sharp eye on addressing all the safety concerns that have come with this pandemic. Be on the lookout for all of their efforts with the yearlong anniversary celebration that will include an update to their branding, a specially designed theme for their new coach and much more.

NFI Parts takes pride in its ability to keep people moving as a provider of parts and support for the coach and transit industries.

Priority is on keeping employees safe while maintaining operations as a critical supplier to customers that are providing essential transportation services to their riders.

As part of the planned strategic partnership, Cummins will invest in the further development of medium-duty engine systems for Daimler Trucks and Buses and the global production and delivery of medium-duty engines by Cummins for Daimler Trucks and Buses beginning in the second half of the decade.

Martin Daum, chairman of the Board of Management at Daimler Truck AG and a member of the Board of Management at Daimler AG said, "The memorandum of understanding between Daimler Truck AG and Cummins makes engine production at the Mannheim location fit for the future and at the same time strengthens our competitiveness. With the changeover to Euro VII, we would have to invest considerable resources in the further development of our medium-duty engines. We are now freeing up these funds to focus them on the technologies that are crucial to our long-term corporate success in the transformation of our industry.”

“We are pleased to announce this important strategic partnership with Daimler to provide the medium-duty engine systems for Daimler Trucks and Buses in global markets,” said Tom Linebarger, chairman and CEO, Cummins Inc. “Our partnership is a terrific opportunity for both companies to be more competitive, drive global innovation, expand offerings to customers and reduce emissions. We are looking forward to working with Daimler on this and exploring other potential opportunities to grow our respective companies. As the leading independent global power solutions provider, Cummins is committed to ensuring any customer anywhere has the right solution by offering them a broad range of power solutions from advanced diesel, near-zero natural gas, fully electric, hydrogen and other technologies.”

Cummins Inc. will establish an engine plant within the Mercedes-Benz Mannheim campus, efficiently utilizing existing resources to produce medium-duty engines compliant with the Euro VII emissions standard for Mercedes-Benz and ensuring continued joint success in the medium-duty vehicle segment. With this strategic partnership, Daimler Truck AG

Equipment News and Cummins will help maintain employment at the Mannheim plant. Cummins will use its existing footprint and strong production and supply chain networks in all other regions for use in other Daimler Trucks’ brands, including those of Daimler Trucks North America.

"By signing this memorandum of understanding, we are presenting a clear future perspective for the Mannheim site which produces medium-duty engines today and will continue to do so moving forward. This is good for Mannheim," says Daum. “This will of course bring some changes to the site. Together with the works council, we will shape the changes in the coming years and develop joint solutions, always keeping the interests of our customers, employees and the company in mind."

Vicinty Buses Selected for New Mexico Statewide Contract Grande West Transportation Group Inc., a leading supplier of electric, CNG, gas and clean diesel buses, recently announced the State of New Mexico has selected Vicinity buses in a statewide purchasing contract that gives state transit agencies the right to purchase directly from the company’s diverse bus portfolio.

Vehicles for selection will be produced from Grande West’s “Buy American Act” compliant assembly facility in Washington state, which will be capable of producing 1,000 electric, CNG, gas and cleandiesel units annually across all sizes and powertrains.

The City of Malaga in Southern Spain became the first European city to operate the new Irizar zero emissions autonomous bus. With a length of 12 meters, the bus offers electric zero emission power combined with the AutoMOST project that allows each bus to be monitored in real time. The new technology has been under development for four years.

“We are privileged to have our Vicinity buses included in this contract allowing New Mexico transit agencies the ability to choose Grande West as an OEM supplier for their growing fleets,” said William Trainer, president and chief executive officer of Grande West. “This marks a significant milestone in our expansion into the large U.S. market, where we are leveraging our solid industry

Vicinity Buses can now be purchased through a New Mexico statewide purchasing contract. This allows state transit agencies the right to purchase directly from the manufacturer. In addition to different lengths, Vicinity buses are also available with different power options.

reputation to continue to capture market share nationwide – as evidenced by our 2021 deliveries, which currently stands in excess of 100 Vicinity™ buses to be delivered in the first half of 2021.

“We believe we can offer competive bids to New Mexico for our innovtive line of buses.

We look forward to working with New Mexico officials to match our vehicles with their requirements, creating long-term value for both our customers and shareholders,” concluded Trainer.

First Irizar Zero Emissions Autonomous Bus The city of Malaga and Avanza put the Irizar brand first high-capacity zero emissions autonomous bus into service.

It is a 100 percent electric zero emissions 12-meter long Irizar ie bus and it is a pioneering project because it involves putting a standard size vehicle on the road in a real city traffic situation.

This first autonomous bus is the outcome of the AutoMOST Project financed by CDTI through the CIEN program. Avanza participated as an operator alongside 11 partners, which included the Irizar Group through Irizar e-mobility and Datik. The Polytechnic University of Madrid, Insia, CEIT-IK4 and the University of Vigo also participated. It is a pilot R&D project that started four years ago and finished this year, in 2021, meeting the projected deadline.

National Bus Trader / April, 2021 • 13

Equipment News The pioneering project has two characteristics that make it a breakthrough, which are its capacity to transport passengers and its interaction with vehicles, pedestrians and infrastructure under real conditions in the city of Malaga.

The bus will use a high-precision positioning and guidance system and will be connected to a control center from which specific instructions can be sent to each unit and the buses can be monitored and their itineraries accessed in real time.

AutoMOST has recently been awarded the Industrial Design Award in ITS by the Spanish chapter of the Intelligent Transport Systems Society (ITSS). AutoMOST will be the implementation of (Dual Mode) shared control systems for future automated vehicles that enables operating services more efficiently and with more flexibility in a context of intelligent and connected infrastructure.

world’s largest independent global bus manufacturers, recently announced that Hong Kong’s largest bus operator The Kowloon Motor Bus Company (1933) Limited (KMB) has ordered 56 Enviro500 three-axle, double-deck buses. The new buses are scheduled to be delivered in the second half of 2021.

KMB is the largest franchised bus operator in Hong Kong with a fleet of around 4,000 buses operating on more than 400 routes. KMB’s new Enviro500 will be 12.8m long and powered by low emission Euro 6 engines. They will be able to carry up to 143 passengers, with all 98 seats fitted with three-point safety belts.

This new order continues a long-standing relationship between Alexander Dennis and KMB, who have now ordered more than 2,500 Enviro500 buses from Alexander Dennis since the current generation model was launched in 2012.

This is an enormous step towards the transport of the future sustainable, connected, safe and autonomous transport – where Irizar will be a key player in the transformation.

Paul Davies, Alexander Dennis president and managing director, comments: “We are very honoured that KMB continues to place its confidence in Alexander Dennis with this latest order for 56 double-deck buses. KMB continually challenges us to raise the bar and these latest 12.8m Enviro500 buses are a testament to their commitment to world class passenger services.”

New ADL Double-Deck Order for Hong Kong Alexander Dennis Limited (ADL), a subsidiary of NFI Group Inc. (NFI), one of the

The Kowloon Motor Bus Company (1933) Limited (KMB) is the largest franchised bus operator in Hong Kong with a fleet of around 4,000 buses operating on more than 400

Malaga has thus become the first European city to have an autonomous bus on its streets.

The Kowloon Motor Bus Company in Hong Kong recently ordered 56 Enviro500 threeaxle, double-decker buses from Alexander Dennis Limited. This model has 98 seats with three-point seat belts and will carry up to 143 passengers.

They are scheduled for delivery in the second half of 2021.

14 • National Bus Trader / April, 2021

routes. With more than eight decades’ experience, KMB leads the industry in providing safe, efficient and quality services. Further news and information are available at www.kmb.hk.

Deutsche Bahn Orders 12-Meter eBuses BYD has secured its first order from DB Regio Bus, the national bus transport division of one of Germany’s largest transport operators, Deutsche Bahn. The order features BYD’s latest generation 12-meter eBus model, equipped with a host of new technical innovations.

In a significant move, BYD and Deutsche Bahn have together signed a framework agreement paving the way for further BYD eBus orders in 2021.

Initially, a total of five pure-electric, emissions-free 12-meter BYD eBuses will enter service with DB Regio Bus later this year in Ettlingen, in the federal state of Baden-Württemburg. It is the second delivery of BYD electric buses in Germany after 22 vehicles were handed over in October 2020 to Public Transport Operators (PTOs) in Gelsenkirchen and Bochum.

The order from DB Regio Bus is also the first for BYD’s latest generation 12meter, low-floor eBus model. Launched at Busworld in 2019, the new, enhanced model features a host of upgrades including an all-new air-conditioning system, a “6-in-1” controller which integrates the

Equipment News Deutsche Bahn, the German Federal Railway system, has been increasingly operating buses to fill in the gaps where rail service is not provided. This latest order involves five electric 12-meter buses from BYD. They are planned to operate in the federal state of Baden-Würtemburg.

vehicle’s principle electronic components, a larger capacity 422 kWh battery capacity and BYD’s FleetLink vehicle monitoring system to provide PTO’s with a highly effective fleet management tool. From an interior and exterior design perspective, BYD’s iF award-winning “Home from Home” concept combines a dynamic visual aesthetic with high levels of safety and comfort to deliver a complete sense of well-being for passengers.

“This important order is indicative of the confidence that Deutsche Bahn places in our best-selling, and latest generation, 12meter product,” said BYD Europe managing director, Isbrand Ho, “which has also been rubberstamped by the framework agreement for the supply of eBuses later this year. Moreover, the order from such a high profile Public Transport Operator is acceptance of the BYD marque generally in the German bus market. We are a supplier of total eMobility solutions,” he said, “and our ability to form strong partnerships with local authorities and PTOs will mean, I believe, that we’ll see more and more BYD eBuses in towns and cities throughout Germany.” q

National Bus Trader / April, 2021 • 15

Enhancing Comfort and Safety, Prevost Delivers New Passenger and Driver Features

Prevost has been working on many improvements that are being implemented in time for coach operators to be prepared for returning coach operations.

Included are the new CloudOne seat, EnviroCare cabin air ionization, cabin emergency lighting, upgraded climate and audio controls and electronic mirrors. Here is a brief description on each item or system and how it improves safety and passenger comfort.

M

aking motorcoach travel more comfortable, easy and safe as group travel returns to the roads was a focus for Prevost during the downturn of 2020 and early 2021. Many projects focusing on the driver and the passenger were outlined and completed, just in time for operators to be prepared for charters to return. Prevost is proud to bring to the market new seating for passenger comfort, a dual ionizer system for easy sanitization, an updated radio with integrated safety video playback, automatic emergency interior lighting, an expanded driver assistance program and the addition of electronic mirrors which will redefine driving experience.

Prevost Proprietary CloudOne® Seats Focusing on passenger comfort, Prevost is excited to offer an upgraded passenger experience. Comfortable seating is one motorcoach feature that affects every passenger that rides on a Prevost. Therefore, 16 • National Bus Trader / April, 2021

Prevost conducted clinics on ergonomics and comfort, which evaluated seat shape, size and support to best fit the North American rider. Then with this information, worked with a leading seat supplier to build the most comfortable seat in the motorcoach industry and its proprietary to Prevost.

The CloudOne’s stylish design includes greater ergonomic functionality, which provides enhanced lumbar and head/neck support and creates a more comfortable upright position. Headrests are designed to accommodate people of all heights and the seat offers outstanding lumbar support. The shoulder belt was repositioned for improved fit across passengers’ shoulders with less stress on their backs. Additionally, the seat pan has been redesigned for greater comfort over long trips.

The back of the seat integrates the ultimate development of foams to serve as an

impact absorber for the passengers in the event of frontal crash. Cushions, backrests and headrests are made from fire retardant and high resilient polyurethane foam for enhanced safety and durability.

The CloudOne seat is available in a standard, premium and luxury offering to best fit the needs of the operator and their riders.

Contact your Prevost representative to see the virtual rendering.

EnviroCare® Purifies Cabin Air and Sanitizes Surfaces with Dual Ionization Because the quality of air and the cleanliness of surfaces is a concern for today's riders, Prevost has introduced EnviroCare, a system that naturally and automatically cleans and sanitizes contaminants, bacteria and viruses in the air and on surfaces throughout the cabin. Prevost has worked with suppliers throughout the world to find the best solution applicable for the

Prevost has worked with suppliers from around the world to develop their EnviroCare system. It automatically cleans and sanitizes contaminants, bacteria and viruses to provide a safe environment for your passengers.

seated coach configuration to further purify the air, cabin’s surfaces and help protect passengers from airborne and surface contaminants. EnviroCare is a dual ionizer that uses positive and negative ions to change the structure of contaminants to create invisible water vapor.

Fresh air is also a key in keeping air clean and safe. Prevost leads the industry in airflow standards. All the air within the pas-

One hopes that you never have an emergency, but if more than 5 Gs is exerted on a passenger or driver, the automatic emergency lighting system will activate above passenger seating to help guide passengers to safety.

senger cabin is refreshed every five minutes and is filtered every minute. This is a higher filter and replacement rate than in other modes of transportation – train, plane and car. Replenishing and filtering the air so often reassures passengers that they are not breathing contaminates from other sources.

Air from the evaporator fan is forced up through the side wall vents, up the window, to the parcel racks and roof; then forced down to the air return. Passengers can feel

Prevost has conducted clinics on ergonomics and passenger comfort that has led to the development of their new CloudOne seats. Available in three options – standard, premium and luxury – Prevost’s CloudOne seats combine a stylish design with increased passenger comfort. Improvements include a new headrest design for people of different heights, outstanding lumbar support, a repositioned shoulder belt and a foam back to serve as an impact absorber.

comfortable they are breathing fresh and filtered air.

Interior Cabin Automatic Emergency Lighting Help Passengers Exit in a Crisis Passenger safety is always a priority at Prevost and a new emergency lighting system within the cabin is triggered during an accident to lead passengers to the exit during a crisis.

Emergency lighting will activate when more than 5 Gs is exerted on any passenger or the driver, during a 10 m.p.h. impact of the bus versus any stationary object and in a rollover situation. The system meets the requirements for charter operators in California (13 CCR §1263.2 ), traveling on any California roads and for vehicles manufactured after July 1, 2020.

The emergency lighting system has accelerometer sensors located throughout the coach, LEDs lights located between the personal control modules above passenger seating and a control module and battery pack located in the first parcel rack compartment. If the coach loses power, the battery pack is certified for a minimum of 30 minutes operation after activation.

Upgraded Climate and Audio Controls for Driver with integrated Video Playback to the Cabin Drivers have enough on their minds as they are trying to get groups and equipment prepared to begin a trip. Now with Prevost’s upgraded climate and radio control, safety videos or other informational communications play to the passengers by the touch of a button as the trip begins.

The improved design features an easy to read menu and a control panel with more options than before. The integrated passenger video player uses an SD card; download your safety video or other messages to be played at the start of each trip. The playback log saves the date and time, file name, playback duration and the GSP location*(other combination option required) at the time of viewing. The National Bus Trader / April, 2021 • 17

entertainment system also supports Bluetooth audio streaming, which can be used by the group for music, eBooks or other audio entertainment.

Prevost Driver Assist® Improves Collision Mitigation Control Operators have come to expect that Prevost will provide the most updated safety features available in the market as long as they are a proven and sound innovation. The Driver Assist system is a perfect example of this proven and sound innovation adoption. Driver Assist is the next generation of Prevost Aware, which brought adaptive cruise braking options to operators and drivers. Now, Prevost Driver Assist provides foundational assistance to drivers to make their trips easier and safer.

• Front Collision Mitigation (FCM) – uses a forward facing camera which is integrated in the windshield to detect obstacles.

This FCM is always activated and does not wait for the cruise control to be in use to provide warnings.

• Heads Up Display (HUD) – an LED light strip shows in the windshield when the front collision mitigation system is in use • Lane Departure Warning (LDW) – this warning shows in the instrument cluster when the vehicle drifts into another lane or onto the shoulder of the road. A switch on the dash allows operators to turn this option on or off depending on their own safety protocols.

• Stationary Vehicle Braking (SVB) radar recognition of large stationary objects notifies the driver to mitigate the situation and the system will apply the brakes as necessary to assist the driver.

• Adaptive Cruise Control with Braking (ACB - Prevost AWARE) which is active when cruise control is set. The system reduces throttle, engages engine retarder and applies foundation brakes to help the driver maintain a set following distance behind the vehicle in front.

Prevost Driver Assist fully integrates radar, camera and brake technologies for motorcoach applications. The data from these technologies work together, gathering and sharing information, functioning simultaneously to create driver assistance aimed at reducing incidents and lowering operational costs.

Electronic Mirrors Combine Increased Safety with Real Life Cost Savings “E-Mirrors will revolutionize coach driving. The increased visibility in almost any condition is a major advancement and our testing shows an increase in fuel efficiency caused by aerodynamic improvement,” said François Tremblay, Prevost vice president/general manager. “At Prevost, we focus on innovations that bring long term value and peace of mind for our operators.”

Electronic mirrors, as the only means of rear vision, are approved for use by FMSCA in the United States and Canada should follow soon. E-mirrors increase the visibility for the driver around the coach, which min18 • National Bus Trader / April, 2021

Prevost’s upgraded climate and radio controls take a step forward in technology while making things simpler for your driver. The integrated passenger video player uses an SD card that can play your safety video or other messages at the start of each trip. In addition, the entertainment system supports Bluetooth audio streaming for music, e-books or other audio entertainment.

imizes blind spots. The system also improves mirror vision during night driving, when the sun is glaring and during rain and other inclement weather conditions.

In addition to the driver confidence and safety advantages, there are also strong business benefits for owners and operators by eliminating traditional mirrors. Internal Prevost testing estimates a three percent fuel economy savings through improved aerodynamics.

Plus, there is no worry about costly repair and downtime expenditures caused by damage to the external mirrors in tight situations.

of miles on motorcoaches to ensure the system is optimized for coach travel in the North American environment. Additionally, versions of this particular e-Mirror system have been utilized worldwide since 2017, installed as standard equipment on 1,500+ vehicles and driven more than three million miles so both operators and drivers can be confident in the accuracy and reliability of the system.

Prevost has been developing and testing electronic mirrors since 2018 over thousands

Prevost brings these outstanding features and system options to operators and passengers just in time to get back on the road.

Ask your Prevost representative for more information or visit Prevost’s website at www.prevostcar.com. q

Now approved by FMCSA, electronic mirrors are a major advancement in bus safety. In addition to minimizing blind spots, electronic mirrors provide better vision in different lighting situations and bad weather.

In addition to improved fuel economy because of better aerodynamics, e-mirrors also improve driver safety by giving the driver a better view of conditions regardless of outside weather and lighting conditions.

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National Bus Trader / April, 2021 • 19

The Origin of Eagle Coaches

by Larry Plachno Photos from NBT Archives unless otherwise indicated Trailways had been around for 45 years and Eagles had been around for 25 years when this photo was taken in April of 1981. The occasion was a Robert Redden photo shoot commemorating the 45th anniversary of Trailways. We are looking east from the hills west of San Francisco overlooking the city.

NBT/ROBERT REDDEN.

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hat with the 85th anniversary of the Trailways organization being celebrated, it was not unusual to have industry people talking about Eagle coaches that were identified with Trailways for many years. We found it interesting that many younger members of the bus industry were unaware of the story behind the origin of Eagle coaches. Admittedly this now goes back 60 years to a different era of the motorcoach industry when scheduled service dominated, when Greyhound dominated scheduled service, and when General Motors dominated bus manufacturing. Moreover, it is interesting that the production of Eagle coaches both starts and ends with Greyhound. While many of us old-timers in the bus business remember this, it is worth repeating for the younger bus people to give them a window into the bus industry’s past.

The best place to start is probably with World War II. Bus riding was up significantly while bus production was down because of the war effort. In late 1943 the old Yellow 20 • National Bus Trader / April, 2021

Coach company became a division of General Motors. The main bus production line at Pontiac, Michigan was given over to production of amphibious ducks for military applications. This explains why some of their parts were similar to contemporary GM buses. The War Production Board did authorize the building of a handful of coaches, but for the most part the bus operators struggled with keeping their old fleets running to meet high transportation demands.

As bus production resumed after the war, bus operators began updating their fleets.

In 1948, Greyhound placed an order with General Motors for 2,000 coaches. It was the largest motorcoach order ever. While part of this order introduced the new “41” series as the PD4151, the entire order was for “Silversides” models that had originally been introduced in the late 1930s.

Greyhound was already thinking ahead about developing a more modern coach design for the post-war years. In 1945, Grey-

hound let design contracts to both General Motors and Consolidated Vultee to develop a radically new intercity coach. Both dropped out of the project the following year and turned over what work they had done to Greyhound.

Undaunted, Greyhound continued the project in-house. Raymond Loewy (known for his design of the Pennsylvania Railroad’s GG-1 electric locomotive) was commissioned to do the styling while a Greyhound subsidiary in Chicago (what remained of the old C.H. Will Motors Company) did the actual fabrication.

What they ended up with was a doubledeck bus called the GX-1 that could seat 50 passengers in three-across seats with a side aisle. Two things are noteworthy. One is that it was known as the “Highway Traveler,” the name that would later be given to the PD4104. The second is that it required using two engines because a single engine large enough was not available. This would also

Greyhound’s initial attempt to develop a new post-war bus design was the double-deck GX-1. It proved to be too radical and languished around Chicago until it was scrapped many years later.

be a problem when the Scenicruisers were built. Th GX-1 design proved to be too radical. It never saw revenue service and sat around in Chicago for a decade until it was scrapped. Greyhound then turned to General Motors for help.

What emerged from the Loewy design and the GM engineers in 1949 was a 40-foot, deckand-a-half, three-axle coach that was named the GX-2 or Scenicruiser. While the design seemed workable, the length was a concern since most states only permitted a length of 35 feet. In this pre-interstate era, the states still controlled length and width so the GX-2 made trips to state capitols to seek legislation permitting 40-foot buses on state highways.

All of this design and engineering work was used to develop three different models

The GX-2 became the prototype for the Scenicruisers and was driven to state capitols to get permission for the 40-foot length. It was eventually sold to an entertainment group as shown here.

at GM. The PD4104 emerged as the next and somewhat advanced model in their “41” series. With a length of 35 feet, an inline 671 diesel engine, power steering and an optional restroom, it became the most popular motorcoach model to date. Next was the PD4501 deck-and-a-half, 40-foot Scenicruiser for Greyhound. It was originally built with dual 4-71 engines. The third model offered was the PD4901 Golden Chariot that retained PD4104 styling in a three-axle. 40foot coach for the general industry. Like the Scenicruiser, it was built with dual 4-71 engines. The PD4901 was the only flat-roof, 40-foot production coach ever offered by GM. The first PD4104 coaches were built in 1953 and Greyhound began receiving deliveries of the PD4501 Scenicruiser in 1954. The lone PD4901 appeared soon after Scenicruiser production started in 1954.

Reports suggest that the early Trailways visit to Flxible led to the later development of their VL100 Vista-Liner model with a roof window in imitation of the Scenicruiser. This model was built with rubber spring torsilastic suspension that was later used on the Eagles.

To give you some idea of the dominance of scheduled service at this time, and Greyhound’s dominance of that part of the industry, we can add up GM coach production from 1953 to 1960. Included were 5,065 of the PD4104 model, 1,000 Scenicruisers for Greyhound and the lone PD4901 for a total of 6,066 coaches. Of these 3,000 went to Greyhound (49 percent) while other scheduled service operators also bought PD4104 models.

An interesting side note to this is that about a decade later the smaller bus operators founded their own organization in 1971 called the United Bus Owners of America (UBOA) that later became the United Motorcoach Association (UMA). The smaller owners felt that the National Association of Motor Bus Owners (NAMBO), later the American Bus Association (ABA), was dominated by Greyhound and the larger bus operators.

The Trailways people were also looking for a new model at an early date. Records indicate that there was a meeting between Continental Trailways and Flxible of Loudonville, Ohio in 1949. This was a logical move since Flxible was the second-largest bus builder and had sold several coaches to Trailways operators over the years although Greyhound had also purchased some. There are several suggestions that this meeting prompted Flxible to develop their 35-foot Vista-Liner model that was announced in 1954 and put into production in 1955.

Their smaller Clipper model in its variations was popular on numerous lines that did not require a larger coach. While it was used by some Trailways operators, even Greyhound operated some on its lighter and branch lines.

The higher level 35-foot VL-100 Vista-Liner put luggage under the passengers and hence had a higher passenger capacity than the Clipper and was similar to other 35-foot coaches of that era. In common with the Scenicruiser, it had two passenger levels, a window in the roof and silversiding; although the difference between the two levels was less than on the National Bus Trader / April, 2021 • 21

The two companion models to the Scenicruiser were the 40-foot PD4901 (left) and the very popular 35-foot PD4104 (right). Given the Michigan license plates and the destinaton signs, this photo was taken while the PD4901 was running for North Star Lines.

Scenicruiser. Some of these were purchased

by Trailways operators.

It has been suggested that the Trailways people never could convince Flxible to produce a 40-foot coach. However, they did like the rubber spring torsilastic suspension used on the Vista-Liner. This type of suspension had been previously used in the Fageol Twin Coach transit bus and some military vehicles.

The introduction of the modern new bus models into the Greyhound fleet caused some consternation among competing scheduled service operators. Several operators who could afford it simply purchased some new PD4104 coaches to compete. Others with tighter budgets stayed with their older fleets or other manufacturers. Gasoline-powered coaches rapidly went out of fashion. Trailways members showed renewed interest in having a bus model of their own to compete with Greyhound. The most obvious first choice was the new PD4901 from GM. Greyhound tried it out in their Pennsylvania Greyhound operation and it also made a trip to Dallas to see if Continental Trailways was interested.

But no orders developed. The sole PD4901 was eventually sold to North Star Lines in Michigan and later passed on to other bus operators.

In retrospect, GM had done a great job in improving its product line of both coaches and transit buses. Four major areas I can think of included integral construction, use of aluminum, diesel engines and financing – and there are probably more. GM hired Dwight E. Austin who had developed integral construction with the NiteCoach for Pickwick. He went on to develop the 719 and 743 SuperCoaches for GM while improving their transit line. While tubular steel was still in the future, GM’s use of angle irons and engineering developed integral construction to new levels. Their extensive use of aluminum also cut down on corrosion.

22 • National Bus Trader / April, 2021

The Aerocoach was considered underpowered by many larger bus operations but was an economical charter coach for smaller companies. This one operated for Barans Transit Lines and is now part of the museum collection in Hershey, Pennsylvania.

Meanwhile, in 1937 GM began developing the Detroit Diesel engine that effectively moved the bus industry from gasoline to diesel power. They also offered financing to those who needed it. The result was that most other bus builders could not offer what GM was offering and were being left behind.

Continental Trailways, the operator of the longer routes that were the “backbone” of the Trailways system, took the lead in seeking a unique model for Trailways to compete with Greyhound. In their search, two problems became obvious. The first was that Greyhound had an advantage in being a single company that could invest in new products and buy in quantity. With Trailways being an association of smaller, inde-

pendent operators it was difficult to guarantee sales of a new model or find a way to help cover costs of engineering, tooling and jigs that some manufacturers demanded.

A second problem is that most of the United States coach manufacturers were increasingly unable to compete with GM and were leaving the market. Could Trailways count on long-term availability of buses from these companies? As things turned out, only Flxible survived into the 1960s.

It would have been interesting to go along with the people from Continental Trailways on their quest for a new coach model for Trailways to compete with Greyhound’s Scenicruiser. This probably primar-

The introduction of the Greyhound Scenicruiser and its companion models caused other bus operators to look for competitive coaches and some bus manufacturers to throw in the towel. While there were several bus models built with similar styling, none of them survived for very long.

Shown here is a restored Scenicruiser belonging to Tom McNally while on a photo shoot along Route 66.

In the late 1950s, Mack developed their own MV-620 model. In spite of the Greyhound lettering, no orders were received and the coach became a one-of-a-kind like the PD4901.

ily took place in 1954 and 1955, when some of the major bus builders had already quit.

The Aerocoach, built in East Chicago, Indiana by General American Transportation Corp., originated from the Gar Wood bus.

Designed by William Bushnell Stout, an aeronautical engineer who developed several planes including the Ford Tri-Motor, the Gar Wood incorporated an integral tubular frame with an aluminum skin. This was expanded into the well-known Aerocoach that was popular with smaller bus companies. However, Aerocoach never did offer a diesel-powered coach and was the first of the larger integral bus builders to cease production in 1952.

Another popular coach builder was ACFBrill, a combination of the American Car and Foundry Company, J.G. Brill of Philadelphia and Fageol Motors of Kent, Ohio. Their most modern units offered an air-operated passenger door behind the front wheel and a passenger seat across from the driver. Powered by an underfloor Hall-Scott gasoline engine, the coach had a reputation for fast running and found its way into both Greyhound and Trailways fleets. An optional Cummins diesel engine was offered in 1952 and some were ordered by Continental Trailways. However, faced with the new air ride GM transit buses and coaches, ACF-Brill ceased bus production in 1953.

In earlier years, Mack had established a good reputation for reliable coaches. This 1931 Mack model BK operated for Greyhound and became part of its historical bus collection.

line that included their B-29 that competed with the Flxible Clipper. Beck’s popular Mainliner model was offered with a Cummins diesel engine and silversiding. Beck also produced several deck-and-a-half coaches of 35and 40-foot lengths in imitation of the Greyhound Scenicruiser. Included were 12 40-foot models with Cummins diesel power. Mack Truck purchased the Beck operation in 1956 and delivered existing orders but soon discontinued the existing models.

Mack did build a few additional orders including five deck-and-a-half coaches.

Their own model 97D was introduced in 1958. It looked much like the PD4104 with silversiding and a rear engine but only 26 were sold. Mack then developed a new 40foot, three-axle coach known as their MV620. Greyhound did run this coach as a

demonstrator for several months but no orders developed. Like the PD4901, it became a one-of-a kind and ended up transporting people around Mack’s Allentown, Pennsylvania plant.

All of these companies discontinuing bus manufacturing could have been a factor in the U.S. Department of Justice filing an antitrust suit in 1956 against GMC buses that also named Greyhound and three other companies. In particular, the complaint charged that GM had built 84 percent of intercity and transit buses in the United States in 1955 and Flxible had built another seven percent. The charges were never proven and the suit was settled by consent decrees years later. While I am often on the side of the little guy, I would have to suggest that GM’s biggest offense may have been being good at what they did.

Kässbohrer in Ulm, Germany developed integral construction in 1951 that they called “selbsttragend” or “self-supporting.” It was originally used in their short S-8 model and started their Setra line.

This historic photo has six Kässbohrer staff members holding the frame structure to show its light weight.

One possible option for Trailways was the FitzJohn Coach Co. Their 37-passenger Roadrunner model introduced in 1954 looked remarkably similar to the GM PD4104 with silversides and a rear-mounted Cummins diesel engine. Greyhound bought some for sightseeing and some did go to a Trailways operator. This model was also available with a Waukesha gasoline engine and several were delivered; probably the last use of gasoline power in a larger intercity coach. Production ceased in 1958.

Located in Sidney, Ohio, Beck was a smaller builder with a larger coach product

National Bus Trader / April, 2021 • 23

To their credit, the Kässbohrer staff took the first Eagle out on the German autobahns for substantial testing. Note the S-8 to the rear as a “chase bus” during the trials.

The Continental Trailways people continued to look for a bus builder. Both MCI and Prevost were regional Canadian builders in 1954 and hence would not have interested Trailways. However, we might mention that Greyhound, seeking an alterative to GM because of the anti-trust suit, saw potential in MCI. They had the time and money to develop MCI into what they wanted.

Having apparently exhausted options in the United States, the Trailways people began looking at Europe. This presented an additional problem since integral construction had taken longer to become popular in Europe than in the United States. Hence, in searching for a suitable European builder the question of integral construction and durability was important. Records indicate that the Trailways people contacted bus builders in England, Holland, Belgium, France and West Germany.

The Trailways people made the decision to work with Karl Kässbohrer Fahrzeugwerke GmbH in Ulm, Germany. Located in the Bavaria area of southern Germany, the company’s history goes back to the 1800s when the Kässbohrer family built boats for use on the nearby Danube River. In retrospect, it appears that two things prompted this partnership. One is that Kässbohrer was already familiar with integral construction and the second was that European coach sales were down and they were anxious to find customers for bigger buses.

By 1951, Kässbohrer had developed web frame construction and had a small, short bus called the S-8 in production in 1952. A famous 1951 photo shows six Kässbohrer employees holding the web frame for the S8 to show its lightweight design. The company called the concept “selbsttragend” or “self-supporting” from which the Setra name was derived.

While the new small S-8 model had proven to be popular, Kässbohrer was anxious to move into larger coaches. The Trailways need for coaches provided Kässbohrer with a ready market for a larger coach.

Hence, the company was willing to underwrite a portion of the tooling costs. After 24 • National Bus Trader / April, 2021

This photo was shot from the rear window of the first Eagle during the autobahn trials in Germany. Note the two following buses with Kässbohrer engineers pacing the Eagle.

substantial negotiation and discussion, a contract was signed in 1955 by a Continental Trailways vice president with Kässbohrer.

As a result, these first Eagles were somewhat of a composite design from different sources. From Kässbohrer came the basic construction techniques that were developed for their integral design Setra series. This provided a somewhat European look. The Trailways people provided the basic dimensions, particularly a length of 40 feet. Greyhound’s Scenicruiser influenced a second front windshield set back only a few feet on the roof from the front. Because of the use of a second level windshield, this came to be called a triple windshield.

From the Vista-Liner came the concept of a wrap-around rear lounge and torsilastic suspension. Since GM engines were not available at this time, the decision was made to use the M.A.N. diesel engine. The M.A.N. engine was popular in Europe and dated back to the initial experiments of Dr. Rudolph Diesel. ZF provided the transmis-

sion which was a pre-selector semi-automatic type. Interesting unique features included four baggage doors on each side, a galley, card table and a restroom over the right tag axle instead of the traditional right rear. The front design included an inverted “V” arrangement that came to be called the “mustache design.” Originally there was a “K” for Kässbohrer under the mustache although this was later changed to an eagle after the coach was named.

The original coaches had the tag axle at the rear although was changed in later models. Several later Eagle models, starting with the Model 05 in 1968, would have the tag axle in front of the drive axles. This increased luggage capacity but decreased turning radius.

To Kässbohrer’s credit, they put in a lot of work to make sure that the new coach model would meet the need. They started by putting a great deal of effort into the tooling and construction of the original prototype. Several photos survive of this first Eagle being tested on Germany’s autobahns, often accompanied

This is from a posed photo taken during the Kässbohrer autobahn testing of the first Eagle in Germany. It was soon named the “Golden Eagle” because of the gold-colored aluminum siding and the Eagle logo of American Bus Lines, a predecessor to Continental Trailways.

by a Kässbohrer engineering crew following in a smaller S-8 bus. Hence, there was some adjustments and minor changes before the prototype was shipped to Trailways.

The original prototype was brought to the United States and delivered to Continental Trailways in mid-1956. It was almost immediately named the Golden Eagle. The “golden” came from the gold-colored aluminum siding. The “eagle” came from the logo of American Bus Lines, a Continental Trailways predecessor that had been retained by the new company. Trailways got as much publicity as it could in newspapers, magazines and on television with their new model. This coach was given fleet number 1800 and was operated in service in Texas.

Contental Trailways put this first Eagle through some tests of its own. They were pleased with the coach other than having a preference for an American engine and transmission. Although this could not be resolved immediately, they placed an order for 50 coaches that were delivered in 1957 with the last two arriving in 1958.

The only significant change from the prototype on this order was moving the second windshield to being more vertical and less horizontal. When they arrived, these coaches were assigned to Golden Eagle Hostess Service with Trailways companies throughout the United States. These coaches included a galley with beverage service and snacks, carpeting, tray tables and pillows. Trailways had previously offered similar special service using IC-41 Brill and GM PD4104 coaches.

An interesting variation on the original Eagles were four 60-foot articulated Golden Eagles built in 1958. There are suggestions that Continental Trailways was thinking about using them in transcontinental service, but the 60-foot length proved to be a problem. This example was photographed after it ended up in the fleet of Wilson Bus Lines in East Templeton, Massachusetts.

Bus historians will get upset if I do not mention that Trailways also ordered two articulated coaches that became known as Academy Express buses. They were assigned to Denver-Colorado SpringsPueblo Motor Lines. Because of their length, lack of luggage space and lack of air conditioning, they were less than totally successful and no similar units were ordered.

The first Eagle was delivered to Continental Trailways in 1956. Management felt that it was a suitable competitor to the Greyhound Scenicruiser and soon placed an order for 50 similar coaches with only modifications. It is interesting to note that later Eagle models remained in production decades after the last Scenicruisers were built.

In 1958, a second major order placed with Kässbohrer consisted of 41 Silver Eagles. These were of more conventional design, without a galley or rear observation lounge, and would be used in regular service replacing conventional coaches. Major changes from the previous order included the use of silversiding instead of gold, and a single “Z-bolt” design on the side in place of the “double Z-bolt” design on earlier models. Other changes included new taillight styling, a simpler front with four headlights instead of two and a destination sign below the windshield. When delivered, these coaches went into regular service replacing older models like the PD4104 and Vista-Liner.

Also produced in 1958 were four articulated Golden Eagles. These were similar in design to the 1957 Golden Eagles but were 60 feet long, seated 63 passengers and were powered by underfloor Rolls Royce engines.

Presumably, they would correct the problems of the Academy Express buses by offering air conditioning and luggage space.

There were suggestions that Continental Trailways planned to use them in transcontinental service, but their length made this problematic. Instead, they were assigned to Denver-Colorado Springs-Pueblo Motor Lines where they proved to be more successful than the Academy Express buses.

An upswing in the German economy found Kässbohrer busy building buses for European operators. As a result, no Eagles were built in 1959 while Continental Trailways looked for another source for their Eagle coaches. This is another story for another time. q National Bus Trader / April, 2021 • 25

Evolving social consciousness and a thoughtful judge created a happy ending.

Unintended Defacto Regulations

by Dave Millhouser

In the early 1980s, when the industry was de-regulated, there was a huge influx of new operators and new ideas. Many of the fledgling companies were minority owned – seizing the opportunity that was finally afforded them. The “old boys” network was forced to adapt, and the industry grew.

Here is an irony for you, and I may be accused of being “anecdotal,” but it appears that we are in danger of returning to the (not) so good old days as a result of regulatory excess.

It seems that small (often minorityowned) companies will be disproportionately affected by the projected influx of new rules and enforcement. Large companies have the economies of scale and resources to comply with mandates – or to contest them. Small companies – not so much. Who woulda thunk we would elect a liberal president, and then watch government entities, under his watch, squash minority enterprise.

“Regulatory Capture” is a process where businesses being regulated gradually snuggle up to, and eventually influence, those who are supposed to be controlling them.

Do not get me wrong. When life gives you lemons, make lemonade, and that is what some major coach operators will be doing. They are not happy with what is happening, but are smart enough to know it crushes competition. “De-facto” regulation replaces the old “de-jure.”

Will new rules and enforcement impact minority companies more than others? Size seems to make a difference with smaller companies being affected more by regulations and enforcement. Shown here is a Prevost H3-45 in Quebec City with the Le Chateau Frontenac in the background. PREVOST.

I

n the mid-1970s part of my territory was a region that remained seriously racist.

During a sales trip, I stumbled on a story that renewed my faith in karma.

There were two bus operators in the area, both quite good. The one owned by a minority gentleman had applied for additional operating rights, at a time when the industry was still regulated. His white competitor was doing fine – but damned if he was going to let a “minority” company have any ICC authority he did not. He, too, applied for similar operating rights.

An Administrative Law Judge combined the applications into a single hearing. The minority-owned company made its case that the new service was needed, and offered ample proof that they were capable.

26 • National Bus Trader / April, 2021

When its turn came, the white company presented an impressive list of services they were already providing, implying that they were already handling the market’s needs.

Halfway through their testimony, the judge interrupted, asking if they fully understood what they were saying.

They did not. A substantial part of the “service” they had been providing was not allowed by their existing operating authority, and was, in fact, illegal. They had testified against themselves. Regulators ended up revoking their interstate authority, and they were out of business.

The minority operator, who had struggled to start, then sustain, his business for more than 50 years, in a region and era that was not warm and fuzzy for minorities, grew and thrived.

It seems heresy to say it, but isn't there a balancing point between safety and practicality? Of course there is, or the speed limit on highways would be five miles per hour.

Have we crossed a line that does more damage than good to the fabric of society?

Everyone believes they are on the side of the angels, but there is a context, a big picture, and someone in government has to be adult enough to recognize it. When he returned from WWII, my dad brought back a Nazi belt buckle stamped “Gott Mit Uns.” They thought the angels were on their side.

In another irony – we occasionally hear of civil rights lawsuits alleging that things like IQ tests and credit scoring have subtle, often accidental, biases built in. Minorities are disadvantaged by accident or inertia.

Look at the current regulatory tsunami in that context. No competent small business should be crippled, but will proportionally more minority-owned companies being harmed?

There is no racial agenda, but the results may be the same as if there was. If we were making giant strides in safety, it might be

worth it, but we are taking baby steps and forcing minority groups out of locallyowned coaches into either great big bus lines or the deadly car.

It is not just minorities who are suffering. opportunities for small entrepreneurs seem to be dwindling in the coach business. large companies handle safety with effective management; small ones do it with personal relationships. Which is more effective?

one of the first national “anti-smoking” campaigns, and an aggressive “war on cancer” was brought to you by the same folks who brought you World War II. hitler was a health nut, and believed that Germany's future depended on a healthy population.

By august of 1939 he had the German economy humming. If those things were all you knew about hitler, he would seem like a good guy.

Put him in context, and an entirely different picture emerges. heretical or not, regulation and safety are part of a big C picture. q

What with the pandemic and increasing bus regulations, opportunities for small new companies to get into the bus business have been dwindling. This could impact minority companies more than others. This photo shows the cockpit area on an earlier Temsa coach. temsa.

Visit our website at: visitfortmadison.com

1-800-210-TOUR (8687)

The impact of the pandemic may hit minority companies harder than others simply because the minority companies are smaller. We have already lost hundreds of bus companies since the start of the pandemic. This Van Hool 927 Astromega is a European version of their double-decks sold on this side of the Atlantic. van hool.

National Bus Trader / April, 2021 • 27

COVID-19 Vaccine Priority for Commercial Bus Drivers

by Matthew W. Daus, Esq Windels, Marx Lane and Mittendorf LLP As the COVID vaccine becomes available, the question comes up of where do commercial bus drivers fit in the priority list. Matthew W. Daus, Esq., from Windels, Marx Lane and Mittendorf LLP, provides us with detailed information on this question. Included are several footnotes to explain things along the way.

A

s COVID-19 hit pandemic levels and states were imposing “stay-at-home” orders, the Cybersecurity and Infrastructure Security Agency (CISA) of the U.S. Department of Homeland Security identified bus drivers and workers who provide or support intercity, commuter, and charter bus service as essential to ongoing critical infrastructure operations across the nation.1 Following CISA guidelines, virtually every state in the U.S. classified bus drivers and workers who provide or support intercity, commuter and other bus services as essential workers exempt from the shutdown requirements.2 These drivers continued working during the pandemic, transporting healthcare workers and other essential workers to and from work.

Due to the nature of their workplace, both commercial bus drivers and drivers working for public transit agencies bear significant health and safety risks for themselves and the millions of people they interact with daily.

However, commercial drivers are not necessarily receiving the same priority for vaccinations as their public sector counterparts.

States have begun phased allocation of the COVID-19 vaccine, and they are mak28 • National Bus Trader / April, 2021

ing decisions regarding the segments of the population that are eligible to receive a vaccination while supplies are limited.

Many states, following recommendations and guidance from the U.S. Centers for Disease Control and Prevention (CDC), have put public transit workers next in line after healthcare workers and the elderly living in long-term care facilities. However, these states make no specific mention of their private sector counterparts, even though the CDC has said that the “public transit worker” category is not limited to those working for public transit agencies.3 Some states are still deciding on vaccination prioritization for workers in the transportation sector. As states move from the initial phase of vaccine allocation, commercial bus drivers should be prioritized for vaccination along with drivers for public transit agencies. Ensuring the safety of all bus drivers is critical to reopening local economies. As more people return to their offices and begin travelling again, they should feel safe and comfortable with their transportation options, regardless of whether it is public or commercial transit.

Like motorcoach drivers, taxi, limousine and other for-hire vehicle drivers have been deemed essential and continued providing service – what little of it there has been – throughout the pandemic. Despite this essential worker status, this category of drivers was not given high priority for vaccines.

Following pressure from the taxi, for-hire and rideshare industry, state and local politicians, and my own guest editorial in the NY Daily News, “Race To Vaccinate Drivers: Cabbies and Uber Drivers Deserve Better Than What They’re Getting,” published on January 20, 2021, New York State Governor Andrew M. Cuomo was persuaded to allow local governments to offer vaccines for these drivers within their jurisdictions.4 New York City wasted no time expanding the group currently eligible for vaccines to include taxi and for-hire vehicle drivers licensed by the New York City Taxi and Limousine Commission, including limousine drivers and those working for Uber, Lyft and Via.5 Other jurisdictions also give high priority to taxi and rideshare drivers, such as Illinois and Washington.6 While this is welcome news for these drivers and industries in those locales, it is not enough. More can and should be done else-

where to ensure taxi, limousine and other –for-hire vehicle drivers are prioritized for vaccinations along with motorcoach drivers and other public transit workers.

In addition to executive sedans and other black cars, many limousine companies own and operate larger vehicles and motorcoaches for-hire. There should likewise be vaccine prioritization for all limousine company drivers since these drivers are also an industry that federal, state and local governments have deemed essential to the functioning of society and at high risk of exposure to the virus due to their workplace conditions.7 Regarding school bus drivers, states are including these workers in the same vaccination category as those who work in the schools, such as teachers, custodians and food service workers.8 Generally, this is the equivalent of CDC’s Phase 1b. States like California and Colorado have prioritized school bus drivers and school personnel just after healthcare workers and first responders, ahead of any other transportation providers.9 CDC Guidance

All workers who were considered essential for the purposes of “stay-at-home” orders are not in the same phase for vaccine allocation.

The CDC, following guidance from the Advisory Committee on Immunization Practices (ACIP), recommends phased allocation of the vaccine while supply is limited. The ACIP recommends that essential workers who are both in industries essential to the functioning of society based on CISA guidelines and at high risk of exposure be included in the first phase of vaccine distribution, which includes three subsets (1a,10 1b and 1c).11 The CDC and ACIP differentiate between frontline essential work-

ers and all other essential workers for vaccine prioritization, placing frontline essential workers in Phase 1b and all other essential workers in Phase 1c.

According to the ACIP, frontline essential workers are “essential workers likely at highest risk for work-related exposure to the virus because their work-related duties must be performed on-site and involve being in close proximity (less than 6 feet) to the public or to coworkers.”12 Under ACIP guidelines, frontline essential workers are limited to first responders (e.g., firefighters and police officers), corrections officers, food and agricultural workers, U.S. Postal Service workers, manufacturing workers, grocery store workers, public transit workers and those who work in the education sector (teachers and support staff members) as well as child care workers.13

Per CDC guidelines, public transit workers in Phase 1b include workers in “school and employee bus transportation” and “interurban and rural bus transportation.”14 For ease of use, the CDC mapped essential critical infrastructure workers identified by CISA guidelines to standardized industry codes and titles and the corresponding COVID-19 vaccination phases and workforce categories (i.e., “public transit {11896349:1} workers” and “transportation and logistics”), as recommended by ACIP.15 The CDC lists “interurban and rural bus transportation”16 and “school and employee bus transportation”17 as subcategories of public transit workers who should be included in Phase 1b for vaccine priority.18 The CDC used the 2017 North American Industry Classification System (“NAICS”) to identify industries within the ACIP workforce categories.19 According to the 2017 NAICS, the “interurban and rural bus transportation” industry “comprises

Following guidance from the Advisory Committee on Immunization Practice (ACIP), the U.S. Centers for Disease Control and Prevention (CDC) recommended a phased allocation of the COVID vaccine while supply is limited. The question is where do bus drivers fit into the priority scheme?

establishments primarily engaged in providing bus passenger transportation over regular routes and on regular schedules, principally outside a single metropolitan area and its adjacent nonurban areas.”20 This industry includes intercity and interstate bus line operations as well as rural bus services.21 The “school and employee bus transportation” industry comprises “establishments primarily engaged in providing buses and other motor vehicles to transport pupils to and from school or employees to and from work.”22

The CDC lists the charter bus industry23 in Phase 1c along with taxis, limousines, rideshare, hotel-airport shuttle services and vanpools,24 with a note that “drivers who often transport healthcare workers to/from work, sick passengers to/from medical appointments and perform other non-emergent medical transportation duties may be considered for higher prioritization.”25 Separate from the COVID-19 pandemic, charter drivers routinely help transport people to safety during natural disasters and states of emergency. This past summer, nearly 1,000 charter drivers moved people out of harm’s way from approaching fires in California and hurricanes along the Gulf Coast and Atlantic Ocean during hurricane season.

How States Have Prioritized Professional Drivers

Regardless of federal vaccine allocation guidelines, states are setting their own priority lists in accordance with local needs. 26 Many states have said they are following CDC and ACIP recommendations and giving high priority to public transit workers, placing them in Phase 1b, just after healthcare workers and the elderly in long-term care facilities.27 If states are following the CDC’s guidance, then the public transit worker category would include commercial providers of employee and student bus transportation, intercity and interstate bus line service, and rural bus services – not just those employed by public transit agencies. However, very few states have made this explicit designation in their vaccination plans.

Illinois and Wyoming do specify that public transit workers in Phase 1b include bus drivers among other commercial passenger transportation providers.28 Wisconsin explains that public transit workers are those “drivers who have frequent close contact with members of the public, limited to: public and commercial intercity bus transportation services” and “those employed by specialized transit services for seniors, disabled person, and low-income persons.”29 Some states, like Missouri, give higher priority to the entire transportation systems sector and explain that this includes commercial motorcoaches and school buses.30 Washington State, taking a different approach, includes in Phase 1b, “congregate public transit,” which is for “those who work National Bus Trader / April, 2021 • 29

in an enclosed (vs. outdoor) congregate setting interacting with [a] high volume of coworkers or [the] general public over extended periods of time (i.e., more than three hours in [a] 24-hour day) to facilitate the transport of people.”31 Examples include high-density transportation settings like buses and lower density settings, “specifically taxies [sic], limos and private vehicles over four people.”32 Similarly, Oklahoma’s Phase 2 (CDC Phase 1b) includes staff in congregate worksites, including “public transit systems that do not allow for appropriate social distancing.”33

States are continually revising and updating their vaccination plans according to factors such as vaccine supply and the state prioritization requirements. In the last month, we have seen states, such as California, remove plans for vaccination past the current phase.34 While the transportation industry had previously been in Phase 1b, Tier 2, California’s plan no longer goes beyond Phase 1b, Tier 1 – which includes school bus drivers as part of the education and childcare sector but no other transportation providers.35

Public transit workers were put into Phase 1b for vaccine allocation. The U.S. Centers for Disease Control and Prevention (CDC) used the 2017 North American Industry Classification System (NAICS) to identify industries within the ACIP workforce categories. Hence, intercity, interstate and school bus operations were included in this same category.

Some states are following the CDC guidelines for allocation of the vaccine while others are not.

However, in most cases, public transportation workers tend to get towards the top of the allocation list. This is critical in getting business moving and reopening economies. m.a.n.

What States Should Do

Vaccinating commercial bus and motorcoach drivers on the same timeline as drivers for public transit agencies makes sense.

Commercial intercity and commuter bus drivers have been on the frontlines of the pandemic – moving health care workers, along with supplies, around the country – and deserve a spot near the front of the line for COVID-19 vaccines.36 all states should put all passenger ground transport drivers in Phase 1b.

as cities and states continue to rebound from the pandemic and adjust to the new normal, questions about the traveling public’s willingness to use shared mobility and public transit will need to be addressed. The biggest issue that cannot be ignored is the reality and perception of safety in crowded cars and stations. Private intercity, commuter and charter bus services could be crucial to support the reopening of local economies – but only if riders feel they are safe to use. Vaccinating drivers is both a component of that safety, and it is necessary to mitigate the risk of spreading COVID-19.

The private bus industry has been hit particularly hard by the pandemic. Like many industries, the private motorcoach industry has been decimated by COVID-19 shutdowns and tight travel restrictions. according to a February 9, 2021 statement from the american Bus association (aBa), “The industry went from generating $15 billion in 2019 to $2.6 billion in 2020. nearly 80 percent of the industry’s workforce has been and continues to be furloughed.” 37 according to third-party research commissioned by the aBa, “up to 50 percent of bus companies could close up shop permanently by 2021,” which “could lead to 30 percent to 40 percent of the national bus network vanishing, taking with it 78 percent of the jobs in the charter-bus sector along with 65 percent of jobs in the shuttle-bus, commuter and intercity-bus segments.”38 The Coronavirus Economic Relief for Transportation Services (CERTS) act, which was enacted this past December, provides $2 billion in relief for the motorcoach industry and should provide short-term assistance.

However, CERTS money is not available yet (it is expected in late February or march), and the motorcoach industry was left out of the subsequent Congressional COVID-19 relief package that has been drafted.39

30 • National Bus Trader / April, 2021

Vaccinating motorcoach drivers is necessary not only to help the industry recover economically from the pandemic, but it will be invaluable to allowing these drivers to continue providing a critical service. Private motorcoaches and intercity bus companies fill a void in the U.S. transportation system, providing services and routes to many towns across the country that do not have any other intercity transit options. They are a necessary – if often overlooked – piece

of the transportation system. Ensuring the safety of these drivers is every bit as important and necessary as it is for the public bus

operators. As more people gradually return to their traditional workplaces and begin travelling again, they should feel safe and

1 https://www.cisa.gov/publication/guidance-essential-critical-infrastructure-workforce

comfortable with their transportation options – especially if these motorcoaches or intercity buses provide the only option.q

2 https://www.cisa.gov/publication/guidance-essential-critical-infrastructure-workforce 3

https://www.cdc.gov/vaccines/covid-19/categories-essential-workers.html

4 https://medium.com/@healthneed/taxi-driver-and-restaurant-workers-to-be-added-to-vaccine-list-5940c69bd2ff;

https://www.vice.com/en/article/pkdmab/gig-workers-are-being-excluded-from-vaccine-priority-list; https://www.nydailynews.com/opinion/ny-oped-race-to-vaccinate-drivers20210120-57zqncdclnerfhujivi5lo4bwi-story.html; https://www.wsj.com/articles/new-york-restaurant-workers-can-now-qualify-for-covid-19-vaccine11612296868 5 https://www1.nyc.gov/site/doh/covid/covid-19-vaccines.page 6https://www2.illinois.gov/IISNews/22614-Phases_1A_and_1B_of_Vaccine_Distribution_in_Illinois.pdf; https://www.doh.wa.gov/Portals/1/Documents/1600/coronavirus/SummaryInterimVaccineAllocationPriortization.pdf 7 https://www.cdc.gov/mmwr/volumes/69/wr/mm695152e2.htm?s_cid=mm695152e2_w 8 https://www.npr.org/2021/01/13/955602188/amid-surges-teachers-line-up-for-their-vaccines; https://www.littler.com/publication-press/publication/giving-it-our-best-shot-statewide-vaccination-plans 9 https://covid19.ca.gov/vaccines/; https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/VaccineAllocationGuidelines.aspx 10 Phase 1a includes healthcare personnel and long-term care facility residents. See https://www.cdc.gov/mmwr/volumes/69/ wr/mm695152e2.htm?s_cid=mm695152e2_w#T1_down 11 https://www.cdc.gov/mmwr/volumes/69/wr/mm695152e2.htm?s_cid=mm695152e2_w 12 https://www.cdc.gov/mmwr/volumes/69/wr/mm695152e2.htm?s_cid=mm695152e2_w 13 https://www.cdc.gov/mmwr/volumes/69/wr/mm695152e2.htm?s_cid=mm695152e2_w 14 https://www.cdc.gov/vaccines/covid-19/categories-essential-workers.html 15 https://www.cisa.gov/publication/guidance-essential-critical-infrastructure-workforce 16 2017 NAICS Code 4852xx.

17 2017 NAICS Code 4854xx.

18 https://www.cdc.gov/vaccines/covid-19/categories-essential-workers.html 19 NAICS codes are hierarchical; the first two digits represent general categories of economic activities, and each subsequent digit provides another level of detail. The CDC mapped standardized industry codes and titles to the most current version (v4.0) of the CISA Essential Critical Infrastructure Workforce (“ECIW”) list, identifying each essential industry within an ECIW sector. According to the CDC, “[t]he CISA guidance is highly inclusive and aims to identify the full breadth of the essential critical infrastructure workforce. It also primarily describes industries (i.e., at the level of 2 to 6 digit NAICS codes), while the ACIP guidance groups workers into larger categories” (https://www.cdc.gov/vaccines/covid-19/categories-essential-workers.html).

For this reason, all workers who were considered essential for the purposes of “stay-at-home” orders are not in the same phase for vaccine allocation. https://www.census.gov/eos/www/naics/2017NAICS/2017_NAICS_Manual.pdf 20 https://www.naics.com/naics-code-description/?code=485210 21 Id. 22 https://www.naics.com/naics-code-description/?code=485410 23 The 2017 NAICS profile for the Charter Bus Industry (NAICS Code 485510) says this “industry comprises establishments primarily engaged in providing buses for charter. These establishments provide bus services to meet customers' road transportation needs and generally do not operate over fixed routes and on regular schedules;” the industry does not include providing scenic and local sightseeing transportation using buses. https://www.naics.com/naics-code-description/?code=485510 24 Vanpools and shuttle services are included in the 2017 NAICS industry “All Other Transit and Ground Passenger Transportation” (NAICS Code 485999). According to the 2017 NAICS, “This industry comprises establishments primarily engaged in providing ground passenger transportation (except urban transit systems; interurban and rural bus transportation, taxi and/or limousine services (except shuttle services), school and employee bus transportation, charter bus services, and special needs transportation). Establishments primarily engaged in operating shuttle services and vanpools are included in this industry. Shuttle services establishments generally provide travel on regular routes and on regular schedules between hotels, airports, or other destination points.” https://www.naics.com/naics-code-description/?code=485999 25https://www.cdc.gov/vaccines/covid-19/categories-essential-workers.html 26 https://www.cdc.gov/vaccines/covid-19/categories-essential-workers.html 27 See e.g., Connecticut (forthcoming) https://portal.ct.gov/Coronavirus/COVID-19-Vaccination---Phases; Georgia (forthcoming) https://covid19.gachd.org/priority-groups-for-covid-19-vaccination-phases/; Virginia: https://www.vdh.virginia.gov/content/uploads/sites/191/2021/01/Phase-1b-In-Depth.pdf (Updated Jan. 28, 2021); 28https://www2.illinois.gov/IISNews/22614-Phases_1A_and_1B_of_Vaccine_Distribution_in_Illinois.pdf; https://www.dph.illinois.gov/covid19/vaccination-plan; https://www.chicago.gov/city/en/sites/covid19-vaccine/home/vaccine-distribution-phases.html; https://health.wyo.gov/wp-content/uploads/2021/02/WDH_Phase-1-COVID-19-Vaccination-Priorities_2.1.21.pdf 29 Wisconsin has not assigned alphanumeric identifiers to phases; the initial phase includes frontline healthcare personnel; residents in skilled nursing and long-term care facilities; police and fire personnel, correctional staff; adults age 65 and over. https://www.dhs.wisconsin.gov/covid-19/vaccine-about.htm 30 https://covidvaccine.mo.gov/priority/Phase1b/#phase1b-1 31 www.doh.wa.gov/Portals/1/Documents/1600/coronavirus/SummaryInterimVaccineAllocationPriortization.pdf 32 www.doh.wa.gov/Portals/1/Documents/1600/coronavirus/SummaryInterimVaccineAllocationPriortization.pdf 33 https://oklahoma.gov/content/dam/ok/en/covid19/documents/vaccine/COVID19%20Vaccine%20Priority%20Population%20Framework%20for%20Oklahoma%20-%2012-10-20.pdf 34 https://www.sacbee.com/news/politics-government/capitol-alert/article249023830.html 35 https://covid19.ca.gov/vaccines/#When-can-I-get-vaccinated 36 https://www.buses.org/news/article/aba-joins-cdc-advisory-committee-deliberations-seeks-high-priority-covid-19 37 https://www.buses.org/news/article/aba-disappointed-that-congress-ignored-motorcoach-industry-once-again-in-la 38 https://www.businessinsider.com/covid-could-wipe-out-a-vital-transport-network-private-buses-2020-11; https://www.buses.org/news/article/business-insider-with-no-covid-19-relief-in-sight-the-private-bus-industry 39 https://www.chauffeurdriven.com/news-features/industry-news/2869-uma-watching-regulatory-changes-that-could-impactindustry.html?utm_campaign=ENEWS020321&utm_source=E-News-02-03-21&utm_medium=email; https://www.buses.org/news/article/aba-disappointed-that-congress-ignored-motorcoach-industry-once-again-in-la National Bus Trader / April, 2021 • 31

Safety and Liability

by Ned Einstein Defending Contractors Part 1: Lead Agencies and Brokers

For decades, motorcoach providers have provided commuter-express service, under contract, to transit agencies (and, occasionally, to municipalities, counties or regions which do not have formal transit agencies).

Particularly in the past 20 years, this role has expanded: Motorcoach providers are increasingly providing service on local and regional routes, often with regular buses – not even motorcoaches.

Similarly, many motorcoach companies also own school buses and provide school bus service, under contract, to school districts. For decades, roughly a third of all school bus service has been contracted out, and this percentage has remained surprisingly consistent. For the same reasons that contracted transit service has been expanding, I expect contracted school bus service to soon expand as well.

Other modes, like non-emergency medical transportation (NEMT) or “ambulette” service operate solely under contract to funding agencies or their brokers. These contractors have far worse problems. Their “lead” or funding agencies are not even transportation bureaucracies (like transit agencies or departments of transportation), but usually healthcare agencies. In some cases, the lead agencies are not even healthcare agencies.. A few years ago, non-emergency services (NEMT, Medicaid and VA transportation) in New Jersey were “managed” by the state’s Department of the Treasury.

Paratransit services are also contracted out for the most part, where the lead agencies are mostly transit agencies. In small, rural communities, transit service to the general public is often demand-responsive; some of this is provided by public agencies while some services are contracted out.

Finally, a percentage of special needs school bus transportation is contracted out – often to those contractors which provide general education pupil transportation to the same school districts. This practice is less common because the students who use these services are far more vulnerable, and many school districts like to maintain tighter control over the quality of service. In contrast, transit and healthcare agencies responsible for paratransit and non-emergency services cannot 32 • National Bus Trader / April, 2021

wait to pawn off the responsibilities to deal with them to contractors, particularly as the contractors indemnify them, and “hold them harmless,” for all errors and omissions. When brokers are shoehorned in to relieve lead agencies from even the fumes of supervisorial responsibility, these agencies are insulated by two layers of indemnification.

Trends, Trials and Tribulation The significant amount of public transportation service contracted out reflects a number of factors including:

Contractors almost always provide the service for less money than public agencies.

• Contractors almost always provide the service for less money than public agencies – even accounting for the often bloated bureaucracies still ostensibly in charge of managing and monitoring service and the high costs of service, overall, as a result.

While thoroughly indemnified, these lead agencies and brokers still control many of the most critical factors which affect safety.

The most obvious of these factors are the design of routes, the selection of stops, the establishment of schedules and/or the assignment of trips.

• In the case of shared-ride demandresponsive services, they are usually contracted out because they are far more complex to design (when any semblance of design is even performed) and exponentially more complex to operate. Especially where design is non- or barely-existent, operations are even more complex. Transit agencies at least have transit bureaucrats in charge, and most agencies contain staff with varying degrees of skill in at least setting parameters for their scheduling software. The same is not true for school district bureaucrats. However, the complexity of demand-responsive school bus service (mostly for “special needs” students) is far less than paratransit or NEMT service. In special needs service, routes and schedules are largely the same from day to day, all year long (notwithstanding cancellations). Along with a greater concern for more vulnerable students, special

needs school transportation is less often contracted out.

• Regarding fixed route general education school bus service, many or most school districts have a weak command of route design, stop selection and the array of things that can go wrong when they are not designed properly (see http://bit.ly/TAWhopiksstps; h t t p : / / b i t . l y / TA E v a l S t p s ; h t t p : / / b i t . l y / TA D s m g B e t w S t p s ; http://bit.ly/TAStpPos; http://bit.ly/ TACrsOrient; http://bit.ly/TABsSpsLndMns). However, the same routes operate largely unchanged throughout the school year.

Plus, for decades, routes, schedules and stops have been established by software (which simply optimizes the chaos from the lack of design). The principle issue related to contracting out service is cost.

• As noted, contractors are universally required to indemnity or “hold harmless” their lead agencies – effectively relieving themselves of any accountability for incidents. (Enlightened attorneys coupled with competent experts can usually pierce this accountability – even while the contractors pay for its monetary components.) In reality, lead agencies commit many errors and omissions which contribute to incidents, and/or which create an operating environment which makes it challenging and/or unprofitable for their contractors to avoid the risks.

• Unlike most public agencies, contractors’ drivers are typically not unionized.

Even when they are (the larger contractors more commonly are), the lead agencies can screen out the onerous union provisions by disallowing them in the requests for proposals to which contractors are required to submit bids.

• Most elusive of these factors – and a central theme that will weave in and out of this series of installments – is that few plaintiffs’ attorneys bother to file against lead agencies or brokers who are often largely (and in some cases almost solely) responsible for the incidents. While excellent, honest hardworking plaintiffs’ attorneys exist, they hardly abound.

As a result of these and other factors, lead agencies effectively operate with near-complete impunity – again, often insulated by a second layer of brokers. With no accountability (or rare or marginal accountability at best), in a society lacking accountability in general,

Safety and Liability As a result of these and other factors, lead agencies effectively operate with near-complete impunity. contracting is a major force: With the cost savings, indemnification, elimination or minimization of union-related constraints and the avoidance of complexity, contracting is hard to resist. The problem is, of course, that contractors do not make many major decisions and are often victimized by hapless policymaking and planning decisions which lead to incidents for which they are most-often blamed – even where much or all of the errors and omissions are not their fault.

Immunity and Impunity The degree to which impunity mirrors immunity varies considerably by mode. At one end of the spectrum, despite its many shortcomings (particularly its disinterest in system design and efficiency), the school transportation community is vividly distinguishable from fellow modes in that officials, management and staff alike love and adore the passengers. At the other extreme – transit service and many paratransit services – officials, management and staff loathe the passengers.

This disposition is particularly true of disabled passengers and even more so for wheelchair users. Such passengers require more time (particularly wheelchair users – who must be loaded and unloaded via a lift or ramp even while their chairs are often not secured) and are clearly more trouble (and more confrontational since their wheelchairs are so often not secured – particularly on fixed route services). These passengers subject their transporters to greater “exposure” because of the body of regulations (mostly the Americans with Disabilities Act) designed to protect them. Particularly with the paucity of knowledge about, and disinterest in, designing paratransit services, costs for transporting these passengers by paratransit are dramatically higher than those for transporting them by fixed route services.

The motorcoach operating environment revolves heavily around the notion of “customer service.”

Motorcoach operations lie in between these extremes. Other than when contracted by transit agencies, their concern for passengers lies closer to that of school districts.

Even where management and drivers may not care about passenger safety as a personal matter, the motorcoach operating environment revolves heavily around the notion of “customer service.”

Motorcoach service is also peculiar in that it encompasses a mix of excellent safety features juxtaposed on a reckless disregard for other aspects of it. An example of this disregard is the common disinterest in fatiguerelated factors in the driver assignment process (see http://bit.ly/TADrFtg; http://bit.ly/TAHOSprobs.). Similar is the disregard for the likelihood of drivers possessing Obstructive Sleep Apnea (see http://bit.ly/TABusLag1; h t t p : / / b i t . l y / TA b u s L a g 2 ; h t t p : / / b i t . l y / TA B u s L a g 3 ; http://bit.ly/TABusLag4 and https:// bit.ly/3qA0sGp). At the other end of the spectrum, the concern for comfort often ropes in safety along with it. Plus many motorcoach practices and characteristics – such as the prohibition of standees, heavily-padded forwardfacing seats, pneumatic suspension systems and, since 2015, the requirement for the installation (not the usage) of three-point occupant restraints – provide significant safety advantages which transit service (provided with buses) does not.

Largely because of the factors cited above, more and more private transportation companies continue to operate under contract to public agencies and brokers. With the impunity these factors provide, lead agencies have increasingly asserted more and more control over key operating parameters. As they do – particularly when they sandwich in brokers to ostensibly oversee and direct operations – the decisions these agencies and brokers make are increasingly responsible for incidents in which their contractors are involved. In some cases, the operating environments created by these agencies and/or their brokers leave the contractors few reasonable opportunities to operate safely. As a consequence, compromises of passenger, pedestrian and motorist safety abound (see safetycompromises.com/ ).

Defending contractors is gradually becoming easier.

Defending Contractors Because of these factors and trends, defending contractors is gradually becoming easier – at least for those who understand the complex dynamics involved in both operations and the impacts which the evenmore-complex dynamics of the relationships among operating agencies, lead agencies

and brokers create. This is not to say that contractors are never at fault; they are rarely solely at fault. In some cases – most commonly in the NEMT sector when contractors operate under the alleged “direction” of brokers – it is challenging to place much fault on contractors for even the worst incidents.

This reality is not easy for even a seasoned expert witness to learn. That is because so few attorneys are willing to file against lead agencies and, particularly brokers, particularly in certain sectors. (The reasons for this will be explored, in detail, in a future installment in this series.) The opportunities to review the relationships between contractors and brokers are usually limited, and most plaintiffs’ attorneys focus only on the smaller fish directly in front of them whose involvement can be understood or expressed in simple terms, and where the lawsuits require significantly less effort, less understanding and less cost.

Because the negligence is almost indefensible, I have always been reluctant to serve on the defendant’s side of a wheelchair tipover case. However, I recently departed from this pattern on a case where I agreed to help defend a nursing home whose staff members were blamed for a wheelchair tipover largely because the plaintiff’s attorney was too cheap and lazy to file against the broker which selected the contractor, governed its operations, poisoned its operating environment with reckless disregard and a degree of stupidity offensive to anyone with a modicum of knowledge about operations. Examining the evidence, I found the brokerage contract so onerous that it was almost impossible for a contractor to operate safely in the operating environment which the broker and its hapless lead agency had created. The unlucky contractor on whose vehicle the incident occurred was, in fact, scapegoated for the incident by the broker, and never assigned any further trips – effectively destroying the company. While I am not helping to defend that long-gone contractor, I learned along the way that it “never had a chance,” and could only have regularly (if even occasionally) secured a wheelchair at great financial risk. The notion that the plaintiff’s nursing assistant – working for my carrier’s client – was responsible for it was preposterous.

In future installments in this series, I will explore the relationships between contractors and their lead agencies and brokers in great detail. Armed with such knowledge, and an expert who understands these dynamics intimately and has had experience dealing with them as a contractor, a contractor’s attorney (selected by its carrier) can learn about these relationships and defend his or her client. Of course, few or no attorneys read NATIONAL B US T RADER (although many do review National Bus Trader / April, 2021 • 33

Safety and Liability It is incumbent upon the readers of publications like N ATIONAL B US TRADER to explain these relationships to their carriers’ counsel. reprints of many of my articles in excellent attorney-oriented resources like the newsletter of experts.com). It is incumbent upon the readers of publications like NATIoNAl Bus TrAdEr to explain these relationships to their carriers’ counsel. These attorneys must, in turn, explain them to their carriers so that they permit their attorneys to make the effort needed to defend their clients when the facts provide grounds for doing so (or at least sharing the “damage pie”).

Without connecting these dots, contractors’ carriers are simply going to permit their counsel to dance around a bit and try to lower the settlement value through the trio of lies, spoliation and shenanigans which comprise the defense in most cases where genuine fault exists at some level. Armed

34 • National Bus Trader / April, 2021

with this understanding, both carriers and their attorneys will have other and, usually, better choices.

The opinions expressed in this article are that of the author and do not necessarily represent the opinions of NATIONAL BUS TRADER, Inc. or its staff and management. q Ned Einstein is the president of Transportation Alternatives (transalt.com [1]), a public transportation consulting/expert witness firm. Einstein (einstein@transalt.com) specializes in catastrophic motorcoach accidents.

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Down The Road

Coming events of interest to readers of NatioNal Bus trader. submissions for the department should be directed to the editor. unless otherwise indicated, events are not open to the general public.

July 7-10, 2021. FMCA's 103rd International Convention and RV Expo.

Cam-Plex Multi-event Facilities, Gillette, Wyoming.

August 25-29, 2021. Flxible Bus Rally. loudonville, ohio.

August 31-September 3, 2021.

American Public Transportation Association (APTA) EXPO 2021. anaheim, California. For information visit www.aptaexpo.com.

November 14-18, 2021. NTA Travel Exchange. Cleveland, ohio.

March 15-18, 2023. FMCA's 107th International Convention and RV Expo. Georgia National Fairgrounds and agricenter, Perry, Georgia.

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