Nebraska senator is irked about charter service rule, but does he have a clue?

WASHINGTON The junior U.S. Senator from Nebraska has written a letter to the administrator of the Federal Transit Administration, saying the new charter service rule "goes too far" in restricting charters by public transit agencies and it "does a disservice to the general public."

In his letter to FTA Administrator James S. Simpson, Sen. Ben Nelson, a Democrat, also labeled the charter service rule -- that took effect April 30 -- as "counterproductive."

"In fact, I believe this regulation will provide uncertainty to those cities which not only operate pubic transit systems, but also plan community events," wrote Nelson. "I can foresee popular citywide special events being cancelled because private providers have invoked their charter rights, but are unable to come through with sufficient service at competitive rates.

"The rules also do not take into account some of the other safety factors

which city-run public transit systems may be providing while transporting passengers," Nelson continued.

"For example, the city of Lincoln, Nebraska's StarTran service provides shuttle buses for home football games at the University of Nebraska's 85,000-seat Memorial Stadium. These buses serve a number of vital purposes on game day in addition to transportation, including providing safety barriers around the stadium to prevent incursions and heating/cooling stations during events with extreme weather.

"The buses are also prepared to quickly evacuate attendees from the area in the event of an emergency. These are some of the factors which should also be considered by the FTA during its waiver process.

"The city of Lincoln's public transit football games shuttle has been allowed to operate this year because no charter provider was willing to provide service, but the city will have to go through the same wait-and-see process every single year.

"It is my view that this regulation accomplishes nothing more than requiring needless red tape. I believe the FTA should review this policy so the communities and their activities are not unnecessarily hindered as a result of this rule," Nelsons letter concluded.

Judging by the letters statements, as well as e-mails written by the staff member who handled the issue for the senator, neither the senator nor the staff member understand or appreciate the charter service issue, the bus industry, or the damage that has been inflicted on private bus operators during the past 20 years because of unfair competition from publicly funded transit systems and the failure of FTA regional administrators to enforce the charter rules that were already on the books.

The letters suggestion that only public transit buses can serve as safety barriers, provide emergency evacuations, or operate as temporary heating and cooling stations is as ludicrous as it is inane. The senator seems to forget that it wasnt public transit buses that provided emergency evacuation of tens of thousands of individuals during Hurricanes Katrina and Rita, the largest forced relocation of American citizens in history.

At the same time, the senator also ignores the fundamental reality of community special events, whose primary purpose is usually to foster economic activity. Retail outlets, restaurants, hotels, attractions and entertainment venues all benefit from these events and activities.

Why should private passenger transportation operators be precluded from economic participation? Does Sen. Nelson think the cost of a Big Mac ought to be regulated, or room rates at the local Holiday Inn, to avoid a special event promoter from going elsewhere?

In the grand scheme of things, the economic and security cost and complexity of all these economic components are much greater than the transportation component.

Clearly, all the years of the FTA ignoring the damage being inflicted on the private bus sector by allowing transits to operate illegal charters resulted in private operators not being part of the larger equation and conversation.

As a result, the private bus industry has a lot of catching up to do but it cannot do it without strict enforcement of the new charter service rule so confidence is restored and private capital is invested in the business opportunities that rightfully belong with the private sector.

The FTA should tell the REAL story to Congress, and begin with Senator Nelson. Nebraska private operators should reinforce that message as well.

The biggest fear of public transit agencies is that the economic efficiencies of private passenger transportation operators will become known and the enormous subsidies required from taxpayers to operate public transit will come to light.