WASHINGTON A bill in Congress aimed at "curbside" bus operators that routinely ignore requirements of the Americans with Disabilities Act has angered small and midsize tour and charter bus operators across the U.S. who see the legislation as creating a regulatory nightmare for them while it seeks to protect the turf of Greyhound and other large line-run carriers.

The bill is called the Over-the-Road Bus Transportation Accessibility Act of 2007 (H.R. 3985) and it is being pushed aggressively in Congress by the American Bus Association on behalf of its largest line-haul members who face stiff competition from curbside operators on their routes, particularly in the northeastern U.S.

But while the bill as currently written -- ostensibly would bring federal regulators crashing down on the curbside operators because they do not provide wheelchair accessible buses and reportedly frequently discriminate against people with disabilities, its long-term impact would be felt everyday by all private bus operators.

Among other things, it would substantially increase record-keeping requirements; make compliance reviews more onerous and risky, and open up private operators to the increased possibility of fines and enforcement action by the U.S. Department of Justice working hand-in-glove with the Federal Motor Carrier Safety Administration.

"No doubt, charter operators in Missouri will fully appreciate Greyhound's plight with curbside operators and welcome the additional scrutiny in their next compliance review," one industry executive observed.

"The United Motorcoach Association Legislative and Regulatory Committee reviewed this bill very carefully and immediately recognized the potential for increased recordkeeping and unnecessary scrutiny," said Ken Presley, vice president of industry relations at UMA.

In the three years since the responsibility for monitoring the motorcoach industry's adherence to ADA requirements was dumped in the lap of the FMCSA, the agency has been a reluctant watchdog.

That's because the FMCSA sees its role as enforcing commercial vehicle highway safety, and virtually every audit of the agency during the past eight years has been critical of its performance.

The agency has the largely impossible mandate of regulating the safety performance of more than 900,000 truck and bus companies. It annually inspects only a small fraction of the commercial carriers operating in the U.S. because of resource and manpower constraints.

Consequently, its administrators see tasks like monitoring ADA requirements as distracting from its primary role and robbing manpower.

"The FMCSA passenger carrier division, under the leadership of Administrator (John) Hill, has made great strides -- with limited resources, improving the safety and compliance of our industry," said Presley. "They do not need any more diversions from the job of making the highways safer for our passengers and operators. They are not a social service agency."

However, the Over-the-Road Bus Transportation Accessibility Act would significantly expand the FMCSA ADA-enforcement mandate, including making ADA compliance integral to the compliance review process.

The bill does not amend the ADA but, rather, amends the law that gives the FMCSA its authority, adding ADA regulation to the list of items FMCSA must consider in granting and revoking operating authority.

"Noncompliance with ADA is a civil rights issue and (enforcement) should remain with the U.S. Department of Justice," said Presley.

The accessibility act would require the FMCSA to implement it within 30 days, and come up with a coordinated enforcement agreement between itself and the Department of Justice in six months. Such deadlines would mean the FMCSA would have to drop other priority projects and dive into ADA enforcement.

In addition to the ABA, the bill is being strongly supported by advocacy organizations for people with disabilities.

"On some issues, such as occupant protection, we continue to work very close for a positive outcome for the whole bus and motorcoach industry. But on this issue, we're just not on the same page with ABA," said Presley.

"We must protect the interest of the backbone of this industry, the family-owned and smaller charter and tour operators, who all too often know the pain of regulatory abuse."