Regulations

ABA Urges Pressure To Oppose Flawed Rule

Posted on June 18, 2018
(Wikimedia Commons photo)
(Wikimedia Commons photo)

WASHINGTON, D.C. --- The American Bus Association is asking its members and motorcoach operators to tell the Federal Motor Carrier Safety Administration to either fix or scuttle a rule requiring more formal leases and paperwork among commerical charter-carriers doing business with each other.

In late April 2018, FMCSA published an information collection request related to the lease and interchange rule (notice copy). Although mostly procedural, this notice seeks to collect information in advance of revisions of the flawed rule. ABA believes this action is inappropriate and should not take place.

The ABA wants to send a strong message to FMCSA and the Administration that it must first fix or rescind the lease and interchange rule before taking any other actions. The ABA is asking members and coach operators to tell the Office of Management and Budget to deny this information collection request.

Published in May 2015, the lease and interchange final rule gets in the way of an operator's ability to execute a typical charter contract with another carrier that already has its own operating authority by requiring a formal lease in routine business arrangements like working out emergency assistance or meeting needs for increased capacity.

The rule required the original operator take full responsibility for any violations of federal safety regulations on the part of the secondary carrier. Opponents consider the final rule the textbook example of regulatory overreach. They believe a lease should never be required between two carriers with federal operating authority unless the parties have a specific business reason to do so.

The ABA held a conference call on June 14 to further discuss this notice, layout ABA’s response, and answer any questions that members have. Template comments have been prepared to help in filing a response. Comments are due Monday, June 25.

Click here to download and customize ABA’s comment template.

Click here to file comments. 

Questions: Contact ABA at (202) 218-7224 or [email protected]

Related Topics: American Bus Association, charter and tour operators, Federal Motor Carrier Safety Administration, federal regulations, FMCSA, motorcoach operators

Comments ( 1 )
  • Daria

     | about 25 days ago

    FK ABA. Who gives a flying fk?!

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