ATLANTA -- Motorcoach operators in Georgia, many of whom have battle scars from numerous charter service battles with public transit agencies, are gearing up for a skirmish with a new opponent a bus rental outfit.

The Georgia Motorcoach Operators Association said it plans to propose legislation that would require companies that rent motorcoaches, like Hertz rents cars, to do more to make sure customers are aware of their liability responsibilities and possible safety issues.

"We feel like their customers are not being made fully aware of what responsibilities they have when they rent a coach," said Jimmy Cantrell, association president and owner of Daniel's Charters in Gainsville, Ga.

While the "full-disclosure" legislation would impact all bus rental and leasing companies, its actual target is AutoMax Rent-a-Car, which rents 45- and 33-seat coaches, with or without drivers, to businesses, churches, civic organizations, social groups, families and others from outlets in Rome and Cartersville, Ga. (See March 1 Bus & Motorcoach News.)

And now it may be targeting schools.

Cantrell said because the company is not a registered motorcoach operator, it does not have to meet government insurance and safety requirements, and its drivers are not mandated to pass medical examinations, drug tests or criminal background investigations or maintain trip logs or other bus records.

"They're doing everything legal but getting around the rules by using loopholes," he maintained.

He said much of the important information that should be conveyed to rental customers actually is included in the contract, but is in fine print and often overlooked by the renters when they sign the paperwork.

Nothing to say

AutoMax declined to talk about its business practices, saying through a spokesman it wasnt interested in having a news story written about it at this time.

Cantrell and other operators in the state who are joining the legislative effort say their main worry is that the rental customers usually do not know they are fully responsible for any liability to their passengers and others in the event of an accident, fire or other incident.

Additionally, they said customers are not told of any safety, criminal or medical issues the driver might have that could increase their liability and the chances of an accident or other serious and costly problems.

"No one knows if the drivers are truly qualified to drive," said Brenda Tidwell of Leisure Time Charters and Tours in Emerson, Ga. "People who rent coaches should be told up front what they are getting involved in."

She said the legislation is critical because AutoMax appears to be expanding its motorcoach rental business and recently took one of its coaches to a school to promote its use for school activities.

"If this keeps up, most of the private operators could be put out of business," she said, emphasizing that because the company does not have to meet federal regulations it is able to offer bus trips at less cost than most private operators. "We won't need a United Motorcoach Association or America Bus Association because there won't be any operators left."

Is expansion next?

There have been reports AutoMax is considering opening a third rental outlet in Marietta, northwest of Atlanta. However the company spokesman denied the report.

Under a draft of the legislation being prepared for introduction to the Georgia General Assembly in January, businesses that rent or lease commercial passenger vehicles would be required to disclose federal and state regulatory compliance requirements to their customers and have them sign documents stating they were made aware of their responsibilities.

In addition, the companies would have to certify that their customers comply with all applicable rules and regulations of the U.S. Department of Transportation, Georgia Public Service Commission and the Georgia Department of Motor Vehicles. Businesses that violate the law would be fined $1,000 and lose their business license for up to a year.

Cantrell said several state legislators have indicated they would support such a measure and key lawmakers are being sought to actually sponsor the proposal.

He is unsure, however, of the chances of getting it passed during next year's 90-day session. "It is very difficult to get a bill through the legislature, especially the first time, but we will be trying," he said.

Meantime, the Federal Motor Carrier Safety Administration continues to study the issue, although there are indications there is very little it can do short of adopting new federal regulations or legislation that would put the rental companies under its oversight.