Double decker tour buses are very under regulated in city study

over 6 years in NY Daily

State law has loopholes big enough to drive a double-decker tour bus through, according to a report from a Manhattan state senator.

“Thrown Under the Bus,” the report from Sen. Brad Hoylman, showed the city’s double-decker tour bus industry is underregulated, even as the number of those vehicles has more than tripled, to 194, since 2004.

Loopholes in state law mean operators are not required to make drivers undergo regular medical and driving tests and notify the state Department of Motor Vehicles about crashes.

Worse for riders, drivers are not prohibited from getting behind the wheel, even if they’ve had a drink or consumed another intoxicating substance within six hours.

The state Department of Transportation, meanwhile, is powerless to yank a bad company’s buses off the road, according to the report.

The report said the city’s sightseeing buses are regulated in a “multijurisdictional web riddled with loopholes, contradictions and lower standards.”

Hoylman said he’ll propose legislation to put the buses under state transportation and traffic laws.

“We want to apply the same standards to double-decker tour buses that charter buses and intercity buses and MTA buses are subject to,” Hoylman told the Daily News. “They use the same roads, they interact with the same pedestrians.”

A double-decker tour bus on Wednesday was involved in a three-car crash outside the Richard Rodgers Theater on W. 46th St., home of the Broadway hit “Hamilton.” Three people were hospitalized.

Hoylman said the buses are a common source of complaints from his constituents on Manhattan’s West Side.

For the report, one constituent, Devan Sipher, a 53-year-old writer, shared his story of being hit by a tour bus on July 3, 2015, while crossing Sixth Ave. near Fourth St. The crash put him in an intensive care unit for three months, he told The News.

“To know how little oversight goes into these companies being able to operate and how they operate and the drivers they select means being terrified every time you see one,” he said.

The city, meanwhile, has weak oversight powers to tame the growing tour bus industry.

The city Department of Consumer Affairs hands out business licenses to operators, but it has no enforcement powers for safety and ensuring drivers are qualified. The city Department of Transportation, meanwhile, can approve stops where buses can make pickups and dropoffs.

“It is the disconnect between the state agencies’ assumptions about local regulation and the actual regulatory powers of (the city agencies) that allows New York City double-decker sightseeing buses to operate under lower standards and with less oversight than other motor carriers,” the report said.

Reps for city the city Transportation and Consumer Affairs departments said the report will be reviewed.

“DOT operates one of the most stringent bus inspection programs in the United States,” state DOT spokesman Joseph Morrissey said. “We perform 160,000 prescheduled bus inspections every year, as well as thousands of additional random roadside inspections. We look forward to seeing a copy of the report.”

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