SEATTLE Private motorcoach operators from across the U.S. are keeping a close watch on this Pacific Northwest city as it becomes a major battleground over the new federal charter bus rule.

Although the rule has been tested in other parts of the country since it was put in place by the Federal Transit Administration on April 30, there are signs that what happens here could seriously impact the entire motorcoach industry.

In the spotlight here are three separate charter-related shuttle activities that not only will test the meaning of the rule and how federal regulators enforce it, but also how well private carriers will do when they take over popular transportation services long operated by public transit agencies.

The rule gives private operators first shot at providing charters for public events, including those that tax-supported public transit agencies have been providing often illegally for years.

The three cases here involve potentially lucrative parking lot shuttle services that King County Metro Transit has long operated for the Seattle Mariners baseball team, the University of Washington Huskies football team and the Seattle Seahawks football team.

The hottest of the trio and the one that worries the motorcoach industry the most is the Mariners.

In that situation, the United Motorcoach Association is gearing up for a court battle over a decision by the Federal Transit Agency to allow King County Metro Transit to run the shuttle service for Mariner games even though a private carrier was available to do the job.

UMA to sue FTA

Victor Parra, president and chief executive of the trade group, said the association has authorized the filing of a civil lawsuit against the FTA, charging that its decision conflicts with the new charter bus rule.

"This ruling (by the FTA) has to be challenged because it truly undermines the very essence of the charter bus rule," he said.

Parra warned that if the decision is allowed to stand, it will not just impact the operator that lost the opportunity to provide the shuttle service, but every private motorcoach carrier in the United States.

Being challenged is a decision issued in June by FTA Administrator James S. Simpson, who ruled that King Country Metro could operate the parking lot shuttle service for the Mariners until the end of the baseball season.

King County Metro has provided the shuttles for the past several years, but was expected to drop them this year because the new charter rule is supposed to eliminate the type of charters the public transit agency was providing for Mariners games.

Starline Transportation sought to take over the service but was unable to reach agreement with the baseball team, according to Gladys Gillis, who runs the Seattle-based charter company.

Mariners resist change

She said the baseball club was never serious about allowing a private carrier to operate the service and stalled the negotiations until just before the baseball season was to start so Metro could seek a last-minute charter rule exemption from the FTA.

Simpson granted a 60-day exemption and later extended it to cover the remainder of the season, claiming the team would be without any service if he did not act.

"There was tremendous resistance to change from the Mariners," Gillis said. "They told me straight out they would not pay the privates anything, but if Metro did the shuttles, they would pay."

UMA maintains Simpson erred in his decision by relying only on a finding that the baseball games were "time sensitive" events and ignoring a provision in the rule that also requires a finding that an event be "unique."

UMA contends the ruling seems to imply the FTA can consider as a "unique and time sensitive event" those events that are commonplace and known well in advance.

"Sporting events take place in every major city and, by definition, they are scheduled and marketed in advance," noted UMA attorney Dan R. Mastromarco, whos preparing the suit for filing in U.S. District Court in Washington, D.C.

Seahawks like subsidy

Starline also sought a contract for the parking lot shuttle service for the Seahawks games, but, again, was rebuffed by the team owners.

Gillis said the team, which has been paying Metro to operate the shuttles for several years, refused to pay anything toward the shuttle operation. "Theyve paid in the past, but were reluctant to do it now," she said.

Metro last year took in fare box revenues of $123,000 from the shuttles and then billed the football team $83,000. The Seahawks paid $40,000 of the bill and then took a $43,000 "public relations" credit offered by Metro for the remainder. "Thats nothing but a taxpayer subsidy, and not very many people know about that," Gillis noted.

Not wanting to lose the shuttle service to Metro, the Northwest Motorcoach Association stepped in and agreed to operate the service. However, because of the lack of financial support from the Seahawks, the association will charge $12.50 per person each way, substantially higher than the $3 that Metro charged.

The higher fare touched off a firestorm among Seahawk fans, including many who said they will be looking for alternative transportation this season. It also emphasized the public relations challenge that private carriers face when they take over services that had been heavily subsidized by taxpayers, usually without people even knowing about it.

Gillis, one of the Northwest associations most active members, said she does not expect many people to be willing to pay the higher fare and some buses probably will be running with just a few passengers. "But we are committed to running the shuttle even if we lose money," she said. "If the Seahawks were willing to pay something, then we could lower the prices later."

The ice thaws?

Meantime, a solution might be on the way. Gillis said the Seahawks suddenly reopened negotiations after hearing the fan complaints and a contract with the association or Starline could be in the mix before the teams first home game Sept. 14.

Regardless, Gillis said the situation will be evaluated at the end of the season to help determine if the private company will want to run the shuttles next year.

Although Starline had trouble with the two professional teams, it did manage to land a contract for the Huskie games this season.

However, because of concerns raised by the college, the company subcontracted part of the work to Metro and will share the money the college will pay for the service. The college is required to pay for the service because of an agreement it has with the city to alleviate traffic problems in the neighborhoods surrounding the football stadium.

Gillis said the college worried about Starline having to put more coaches into the neighborhoods than Metro did because it does not have larger articulated buses and if it would be able to meet the colleges ADA needs.

Starline agreed to use this season as training for the company and will observe Metros operations, including staging procedures and loading and unloading times. "Well take over some of the parking lots late in the season this year just to get our wheels on the ground," she added. "We will be ready for next year."

The Huskies shuttle operation is one of the largest in the state. Last year, the buses transported more than 187,000 people to seven football games.

Gills said shes confident her company will be able to handle the job, pointing to the companys success in running shuttles to events at last months popular Seafair festival that also was held in Seattle neighborhoods with traffic congestion. "Everything worked out just fine," she said.