GALVESTON, Texas The legality of a new "user license" and related fees adopted by the Port of Galveston is being challenged by the United Motorcoach Association.

Not only do the license and fees violate federal law but they also discriminate against small motorcoach operators that only send a few buses annually to the port, says the association.

The port-use permit and accompanying fees were adopted this past spring and went into effect in July.

There is an initial license application fee of $250, an annual renewal fee of $50, a $10 per vehicle decal fee, and a $50 access fee per trip for all commercial vehicles having a capacity of 15 or more passengers. Vans, limousines and taxis are assessed a smaller access fees.

It appears the port may have adopted the rules and fees without researching whether those applying to charter buses might violate federal law.

Nine years ago, Congress adopted legislation that prohibits states and political subdivisions of states from enacting or enforcing any law, rule, regulation, standard or other provision that regulates companies that are licensed by the federal government to provide interstate or intrastate transportation.

States and local political subdivisions can only regulate safety, set weight limits on their roads and bridges, and establish insurance requirements.

In a letter to the port, Ken Presley, vice president of industry relations at UMA, said the ports new rules "violate federal law by requiring interstate and intrastate passenger carriers to submit an application for consideration of a license. Any fees, charges or monetary considerations associated with the offending requirements (also) violate federal law," said Presley.

Additionally, the imposition and manner of the fees "is unfairly burdensome to some charter bus operators as they will not be in a position to distribute the fees in any equal manner because the number of trips annually and the number of passengers per vehicle will vary greatly," said Presley. "This creates an unfair advantage for some carriers and is strictly prohibited by federal law."

Presley requested the port withdraw that portion of its rules and regulations that apply to charter bus operators.

The Port of Galveston is the year-round homeport to two Carnival Cruise Line vessels. Royal Caribbean International offered 7-day sailings through last month, and will begin a new cruise schedule in December.