WASHINGTON A U.S. senators successful effort to allow Seattles public transit agency to operate shuttle services that are illegal under the federal charter service rule could be the beginning of a major assault on the rule.

Tucked away in the 2010 U.S. Department of Transportation appropriations bill that was approved by Congress in December and signed by President Obama was a provision that exempts King County Metro Transit from the charter rule that was issued 21 months ago by the Federal Transit Administration.

Under the rule, public transit agencies that are supported by taxpayer dollars are not allowed to operate charters if a private carrier is available and capable of performing the work.

The exemption for King County Metro Transit came courtesy of Washington Democratic Sen. Patty Murray, who said she was responding to complaints from residents who she said were unhappy about private carriers taking over the shuttle services for some professional and college sports teams in the community.

Apparently Murray has no problem with Seattle fans paying mega-bucks for a stadium beer but gets heartburn when they have to pay market rate to ride to the game.

"This rule has gotten between fans and an affordable, convenient way to get to games in our region," Murray stated in a news release lauding the exemption she slipped into the appropriations bill.

The lifting of the rule will allow King County Metro to again provide parking lot shuttle service for the Seattle Mariners baseball team, Seattle Seahawks football team, Seattle Sounder soccer team, and the University of Washington football team, as well as shuttles for some public events.

Although the Mariners were allowed to use King County for an extra year after the rules start date in April 2008, the other teams dropped the transit agency after the rule became effective.

Charter rule targeted

Murray chairs the Senate Transportation Appropriations Committee and had little opposition in her adding the provision to the spending bill that passed the House 221 to 202 and the Senate 57 to 35 and was signed into law by President Obama on Dec. 16.

While the exemption was directed only at King County Metro no other public transit agencies in the country are affected Murray made it clear that she is looking for bigger things down the road. She initially offered a provision that would have exempted the entire state of Washington from the charter service rule, but eventually limited it to just King County, calling it a "first step" toward changing it.

She stressed in her news release that while the provision she added to the transportation spending bill takes up only the specific concerns voiced in the Seattle area, she is intent on working to address the issue on a larger scale as the Senate moves toward reauthorization of a critical surface transportation bill in the coming year.

Her office said Murray believes the rule is flawed and not in the best interest of the public, according to spokesman Eli Zupnick, who added that she plans to work with others in the Senate to "review the rule and improve upon it."

The United Motorcoach Association, the American Bus Association and others in the industry have for some time been warning operators that public transit agencies have not been happy with the rule since it went into effect, and they probably will be mounting a push soon to get it changed or eliminated.

Murray blasted

Industry reaction to passage of the exemption was quick and stern.

"It is clear Sen. Murray favors using taxpayer dollars without consent from the community to subsidize Seattle sport franchises and other events," said Ken Presley, vice president of UMA. "It is difficult to believe Sen. Murray has any credibility with the unemployment problem when she has single-handedly caused so many drivers to be unemployed."

He stressed that now that the industry knows the senators stand on small business, motorcoach operators elsewhere should look to see how the elected officials in their states feel about the issue, and then take action.

"It should be the task of every operator to find out where their congressional and senate representative stand, then campaign and vote accordingly," he stressed.

Clyde Hart, vice president of the ABA, said he found the action by the senator very disappointing, especially since the charter rule was negotiated by a bipartisan committee of representatives of the public and private bus transportation sector with the FTA in the room, and that 80 percent of the rule was approved unanimously by those involved.

"It seems to us that they are trying to circumvent the rule that was adopted after eight or nine months of negotiations," he added.

Blow to NW operators

Thomas C. Casazza, president of the Northwest Motorcoach Association, said the exemption will have a devastating impact on more than 100 motorcoach operators in the state who employ about 2,000 people and pay in excess of $14 million in state taxes.

"At a time when our economy is in one of its worst recessions in decades, it is shocking that our senator would have such disregard for struggling businesses in her own state," he said.

Casazza pointed out that King County Metros fare collectiions account for only 17 percent of its revenues and the balance is subsidized by tax dollars. "The provision is essentially an earmark for King County Metro on the backs of taxpayers," he added.

Jim Cameron, association vice president, added, "Sen. Murray is permitting our tax dollars to be used to put ourselves out of business. Hows that for stimulus?"

Additionally, Casazza noted that the transportation services that private carriers provided the community in 2009 were successful, and the Seahawks shuttles this fall were widely praised by fans for their service, including the onboard broadcast of pre-game activities and availability of restrooms.

Attack on small business

Godfrey LeBron, chairman of UMA and vice president of Paradise Trailways in Hicksville, N.Y., called the exemption an attack on taxpayers.

"As a small businessman, but especially as a taxpayer, I am appalled at this, really appalled," he said. "If someone can afford the luxury of going to a ballgame, they can afford to pay for what it costs for private transportation services."

LeBron said the time may have come for motorcoach operators to begin concentrating on defeating elected officials and candidates who share Murrays views on small businesses and the motorcoach industry.

"When are we going to say enough is enough?" he asked.

Tom Cook of Silver City Charters and Tours in Silverdale, Wash., said allowing tax-subsidized public transit agencies to operate charters in competition with private carriers will cost the state tax revenues and hurt motorcoach operators.

"You have no idea what you have single handily done to our private motorcoach industry," he wrote in an e-mail to the senator. "You cost the state much-needed tax dollars that we pay."

He said he knows that someone has to pay for the use of the buses, but it should be people attending the sports events, not taxpayers.

"If those going to the games are paying the ticket price, $9 beers and $7 popcorn, why can't they pay to ride a charter motorcoach?" he asked.