The private bus industry is a critical part of the country’s ground transportation infrastructure, solely based on the number of passengers it carries. Additionally, the operations are significant as a means to address congestion mitigation, considering the number of passengers transported per mile and the number of personal vehicles each bus can replace for commuters and non-business travelers. After all, many mobility policymakers forget that it is the most pure and oldest form of shared mobility.
The bus industry has evolved over the years, now using brokers and incorporating technology innovation. However, the basic issues of fighting for limited curb space, increasing fines, fees and tolls, are not helping the industry recover from severe losses incurred during the pandemic. Add to this competition from the limousine industry, which has for close to a decade deployed mini-buses and motorcoaches into their fleets; as well as the struggle to convince public transit agencies like the MTA that private buses are part of the solution so they can be treated on a similar footing with public buses.
New York’s ground transportation network relies on the bus industry for a variety of services, including intercity commuter operations, charter services for corporate clients, sightseeing and tours, pupil transportation, and special events. Over the past year, the bus industry has faced several challenges, including congestion pricing tolls and increased enforcement of the New York City anti-idling law.
As counsel for the local trade group, BUS4NYC, as well as to several other regional trade groups, I saw firsthand the struggle to exempt some private buses from NYC’s congestion pricing scheme. What should have been a no brainer, was a major fight and struggle, and it is only due to true grit and determination that the industry obtained limited exemptions.
Despite accounting for only 0.33 percent of vehicles on the road, buses carry 7.78 percent of all motor vehicle passenger miles. Ultimately, only school buses, commuter, transit, and intercity buses with fixed routes and public schedules were exempt from the toll, while sightseeing and charter buses remain subject to charges.
While congestion pricing is a new challenge for this struggling industry, perhaps the most significant concern for the bus industry is NYC’s anti-idling law. The law generally prohibits idling vehicles for more than three minutes while parked, standing, or stopping, except in specific circumstances. However, near public or private schools, idling is restricted to one minute. Rocker Billy Idol announced this new law with former Mayor Bill de Blasio, and it has been more of a “Rebel Yell” heard around the industry for excessive and endless fines than anything else.
NYC’s citizen complaint anti-idling law allows for civilians to submit video evidence of idling buses and trucks to the NYC Department of Environmental Protection; and receive a portion of the fine issued to the vehicle owner. The penalties start at $1,000 per violation, and the civilian complainant receives 25% of any fines collected. Some individuals have reported earning significant amounts of money from this program.
The anti-idling law provides an exemption when the temperature dips below 40 degrees, allowing buses to operate the heating systems. Still, there is no exemption to operate the air conditioning when temps reach a certain point. While bus companies continue to push for relief and commonsense exemptions from these penalties, pending legislation in the New York City Council (Intros. 291 and 941) would further increase fines and make enforcement even stricter.
Today, the bus industry is at an inflection point, with the number of traditional bus and motorcoach operators having decreased significantly in the past 5 years. The last thing this struggling but important industry needs right now is endless tolls and fees. The private bus is part of the solution to congestion mitigation and getting cars off the road. Let’s not drive the industry into extinction and encourage policymakers to embrace the important services these companies provide to the public. Long live the bus!
Matthew W. Daus is the former NYC Taxi & Limousine Commissioner, chair of the transportation law practice at Windels Marx and chair of the New York City Bar’s transportation committee.
