ROCHESTER, N.Y. The Rochester transit system has won back the right at least temporarily to continue providing daily bus transportation for about 9,000 public school students, despite a ruling by federal transit regulators that the service is illegal.

U.S. District Judge David G. Larimer agreed to extend until Feb. 15 a temporary injunction that blocked the Federal Transit Administration from requiring the Rochester-Genesee Regional Transportation Authority from halting its school bus service.

The injunction, initially issued in July, was to have expired Nov. 2, at which time RGRTA would have had to end its school bus service and it could have been taken over by a private carrier.

Larimer, who indicated more time is needed to sort out the legal challenges to RGRTA operating the bus service and the FTA ordering it be halted, said he would consider extending the injunction further if necessary.

At the same time, the judge rejected a request to lift the injunction that was requested by Laidlaw Education Service, which has joined the federal suit. Laidlaw, which now operates under First Student, sought to remove the ban so it could begin operating some of the school routes that now are being run by RGRTA.

Larimer also directed officials from both sides to work together so they can provide a status report before Dec. 31 on the ability of Laidlaw and other possible private carriers to provide full school transportation service for all high schools in the school district.

The four-month extension comes as RGRTA and Rochester City School District fight a series of rulings by the FTA, which found that the school bus service violates rules that prohibit federally funded public transit agencies from competing with private carriers.

The FTA has ruled against RGRTA and its school busing plans on three occasions this year, the latest coming in a stinging indictment against RGRTA that was issued in October after RGRTA sought federal approval of a new plan. (See Oct. 15 Bus & Motorcoach News.)

"The new routes proposed by RGRTA represent a continuation in RGRTA's apparent attempt to systematically take over school bus service for Rochester's school district to the detriment of the private school bus industry and its workers," FTA Regional Administrator Brigid Hynes-Cherin wrote in her ruling.

She emphasized that if the transit agency continues to design student-only service with technical modifications that give the appearance of complying with existing rules, then it "misses the point entirely."

Rochester transit and school officials both expressed disappointment in the FTA ruling and took the issue back to court where they argued for the extension of the temporary injunction. School officials had said they wanted to see the injunction stay in effect until at least the end of the school year so that students had continuity in their transportation.

While motorcoach industry leaders have had high praise for the FTA rulings, they were not happy with the latest court action. Concern was expressed that Laidlaw, which said it wants to provide the school service, now will have to ready more than 100 buses and drivers by Feb. 15, despite the possibility the judge could extend the injunction further or even rule in favor of the RGRTA before that date.

Some indicated the judge appeared to be clueless regarding the logistical demands and cost of Laidlaw having to gear up to provide service it might not be asked to give.