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OMCA Regional Meetings April 2012

OMCA Regional Meetings April 2012. Bus Operator Issues Affecting Group Travel. Driver Hours of Service. Overview of Canadian & U.S. Rules. Regulations are designed to:. promote work-rest schedules based on what is known about human physiology and fatigue

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OMCA Regional Meetings April 2012

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  1. OMCA Regional MeetingsApril 2012 Bus Operator Issues Affecting Group Travel

  2. Driver Hours of Service Overview of Canadian & U.S. Rules

  3. Regulations are designed to: • promote work-rest schedules based on what is known about human physiology and fatigue • reduce risk of fatigue-related accidents by providing drivers opportunity to obtain adequate rest • To prevent this…

  4. Root Cause of NTSB-Investigated Motor Coach Crashes

  5. Daily Limits Maximum13 hours driving Maximum10 hours driving Maximum 14 hours on-duty Maximum15 hours on duty Minimum8 hours off before new work shift Minimum 8 hours off before new work shift Canada has a 16 hr. work shift limit – driver cannot drive after 16 hrs. has elapsed since driver went on-duty for that day (continuous clock) (Includes driving and on-duty not driving time)

  6. Rules for the “work cycle” 70 hours maximum on-duty in a 7 day period 70 hours maximum on-duty in an 8 day period • upon reaching cycle limit, driver must take the rest of that day off, and perhaps one or more of the following days, depending on accumulated on-duty time in the work cycle In Canada, 36 hours off-duty re-sets the cycle back to 0 hours, and the driver’s hours start to accumulate again In Canada, driver must have a 24-hour off-duty period once every 14 days

  7. What Tour OperatorsNeed to Consider • Drivers must get 8 hours off prior to starting a new work shift (eg. driver who stops work at 11:00 pm, can’t start until 7:00 am next day) • Driver goes “on-duty” the moment he/she begins the daily pre-trip inspection • In Canada, tour operators and/or tour directors can be charged for hours of service violations • “Out-of-service” order to a driver could ruin your tour! • “Tour start” [for multiple pick-ups] will conserve working hours for long-haul driver • Hire local bus company to conduct late night shuttles to comply with 16-hour rule (Canada) and allow early morning departure • Multi-day tour itineraries need to accommodate a 24-hour off-duty period in 14 days (Canada) • Be careful with driver rest / work cycle inversion on last day prior to the drive home • Time spent waiting at the border counts as “on-duty” time

  8. The human “body clock” High The Circadian Cycle Alertness level Low Noon 6 PM Midnight 6 AM Noon

  9. Fatigue-related accidents Number of Traffic Accidents Noon 6 PM Midnight 6 AM Noon

  10. Border Crossings

  11. Land Travel to USA • US & Cdn. citizens need WHTI compliant document: Passport, US Passport Card, EDL, SENTRI, FAST,or NEXUS • Children 18 and under who are Canadian or US citizens need only proof of citizenship and are exempt from government-issued photo ID • US and Canadian citizens under the age of 16, or under the age of 19 if travelling with a school, religious, or other youth group, may present a Birth Certificate, Consular Report of Birth Abroad, Canadian Citizenship Card, or a Naturalization Certificate. Birth Certificates can be an original or photocopy • Residents of Canada who are “Landed Immigrants” generally need a passport and Visa to enter the US, unless citizen of a Visa Waiver Program country

  12. Crossing the Borderwith Children Under Age 18 • To protect against child abductions arising from disputed custody cases, victims of child porn etc. US CBP and CBSA strongly advise unless child is accompanied by both parents: • The adult has a note from other child’s parent (or both parents if travelling with another person) showing consent. The note should be notarized. • While consent notes are not a “requirement” of CPB or CBSA, failing to have one may result in lengthy delays or denied entry

  13. Visa Waiver Program • Allows nationals from 36 designated countries to apply for admission to the United States for 90 days or less as nonimmigrant visitors for business or pleasure without first obtaining a U.S. nonimmigrant Visa • Must fill out I-94W (Nonimmigrant Visa Waiver Arrival/Departure Form) Andorra, Austria, Australia, Belgium, Brunei, Denmark, Estonia, Finland, France, Germany, Iceland, Ireland, Iceland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, United Kingdom, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Slovak Republic and South Korea. Form I-94W

  14. US VISIT ProgramBiometric Procedures • US VISIT verifies the identity and travel documents of aliens entering USA • applies to Visa holders, Visa Waiver Program persons, • Most citizens of Canada are not subject to the US-VISIT program • Canadians who are subject to the US-VISIT program include: • Citizens of Canada required to have I-94 applying for admission with a non-immigrant visa • Canadian permanent residents • Canadians with dual nationality who present a non-Canadian passport

  15. Food Products • Failure to declare food products can result in big fines • Many fruits and veggies are prohibited – fruits and veggies grown in Canada or US are generally admissible • Every fruit and veggie must be declared and presented for inspection • Beef and game products from Canada are admissible to US • Meat products from Canadian domestic lamb, sheep and goats are not admissible to US • If no food expert is available from US Dept. of Agriculture, CBP Officers can detain food (travelers’ lunches, cooler contents, etc.)

  16. Voluntary Passenger Manifests • Template is available from OMCA in Excel format • Potential for saving time at the border • Limited success to date • Recommended for multi-coach moves

  17. Voluntary Use of Form E-311 • Not mandatory • Can help expedite clearance when returning to Canada, especially for shopping trips

  18. Canada Immigration & Refugee Protection Act • Carrier and driver have legal obligations not to transport inadmissible persons to Canada • Driver must ensure passengers have documentation to enter Canada • Carrier is responsible for the cost of returning inadmissible persons to the USA • Carrier may be assessed an administration fee and is subject to medical costs if an inadmissible foreign national is transported into Canada

  19. Motor Coach Industry Has Outstanding Safety Record • In Canada, on average, 1 motor coach passenger fatality/year • In USA, on average, 14 motor coach passenger fatalities/year (0.02 fatalities per 100 million passenger miles) • To put this in perspective, for all vehicle types, 45,000 fatalities occur annually on Canada & U.S. roads

  20. NTSB FindingsMotor Coach Crashworthiness • “One of the primary causes of preventable injury in motor coach accidents...is occupant motion out of the seat during a collision…” • “The overall risk to occupants in motor coach accidents involving rollover and ejection may be reduced significantly by retaining the occupant in the seating compartment throughout the collision”

  21. US Motor Coach Fatalities by Event (1999-2008)54 Events, 186 Fatalities

  22. US and Canadian Regulations Don’t Require Seatbelts on Buses...yet! • “Compartmentalization” which protects passengers in frontal and rear crashes is less effective in roll-over crashes (passenger ejection) • NHTSA, FMCSA and Transport Canada are looking to mandate seat belts for all new coaches • Industry is proactive – majority of new coaches are now sold with 3-point belts • Seat belts are not effective if not worn! (passenger education required) • Gov’t also looking to tighten standards for: window glazing/retention, roof strength, fire detection/suppression and propagation, emergency egress

  23. Pre-trip Passenger Safety Briefings • FMCSA issued safety briefing guidelines in 2007 for voluntary adoption by carriers • Carriers are strongly encouraged to follow guidelines (due diligence) • To date, very low compliance rate - could become mandatory • FMCSA website has resources to help carriers comply • ABA sells DVD “Motorcoach Passenger Safety Message” ($15.95 member, $29.95 non-member)

  24. Crisis Management • Prepare your crisis management team before you need it • A crisis can threaten the reputation or even survival of your organization • Buses are exposed every day to risks associated with highway travel • Tour operators may encounter crisis such as: food poisoning, serious illness or trauma, missing person, etc. • The time to plan and talk to staff about handling a crisis or catastrophic event is before it happens • MCC publications available to OMCA members: • Crisis Management Guide for Tour Operators • Crisis Management Guide for Bus Operators

  25. Questions?

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