the YELLOW BUS Newsletter Spring Issue - Yellow Bus.pdfand sheds light on their budget negotiation starting points. Th e Assembly included all three provisions of the legislation that

the YELLOW BUSNewsletter

www.nysbca.com P.O. Box 268 • Latham, NY 12110

E-mail: [email protected] Phone: 518-220-9905 • Fax: 518-220-9906

Spring 2017

Legislature and Governor Working on NYSBCA’s Budget Initiative: Association and Labor Committed to Passing Sales Tax Exemption, ECI and

Calendar of EventsApril 25, 2017NYSBCA Board of Directors Meeting Westchester Marriott - Tarrytown, NY

May 20, 2017NYSBCA’s NYS School Bus Safety CompetitionRockland Lake State Park

As the April 1state budget deadline approaches, the Legislature and Governor are fast at work wrestling

with diff ering policy positions in hopes of passing an on-time budget for New York State government. Included in their negotiations are the sales tax exemption for the purchase of school buses, parts, maintenance, lubricants and fuel; using the ECI instead of the CPI-U for contract extension negotiations; and reinstating employee protections, which were removed by Mayor Bloomberg, for New York City school transportation workers.

“Both houses are committed to securing an agreement that will bring much needed reform to the school transportation industry,” said NYSBCA lobbyist, Andre Claridge. “We have had numerous high-level meetings in the Assembly, Senate and Governor’s offi ce and all indications are that everyone is working in good faith to get a deal done within the confi nes of the 2017-2018 New York State Budget.”

Th e Senate and Assembly passed their one-house budget

resolutions, which essentially outlines part of their agenda and sheds light on their budget negotiation starting points. Th e Assembly included all three provisions of the legislation that passed both houses last year, including the sales tax exemption, ECI and EPP. Th e Senate, however, took a diff erent approach and included the sales tax exemption in addition to some other initiatives. Both the Senate and Assembly removed (part g) of last year’s legislation (A.8019-C/S.5984-C), which Governor Cuomo had indicated was unconstitutional in his veto message.

NYSBCA’s legislative committee and lobbying team are working tirelessly almost every day to ensure a budget deal is reached that includes all three initiatives. Over the last three months, NYSBCA members have joined ATU 1181 and the AFL-CIO in a team eff ort to further educate legislators and their staff , the Governor’s offi ce, and education groups on the importance of the sales tax, ECI and EPP’s.

NYSBCA’s legislative team is keeping the Board and membership abreast of the budget negotiations and we are hopeful that all three initiatives are passed as part of the fi nal agreed upon New York State Budget.

Finally, as we look past the April 1 budget deadline, NYSBCA and the legislative team will become more focused on non-budget legislation and the Association’s very important school transportation safety agenda. Th e Association will be working with like-minded groups, such as, the New York State PTA who share the Association’s goals of making sure New York provides the safest school transportation in the nation.

NYSBCA President, Michael Martucci and ATU 1181’s President, Michael Cordiello (L to R) are seen here aft er jointly testifying at this year’s education budget hearing in Albany, NY.

June 1, 2017School Bus Driver Instructor (SBDI) Advisory Committee MeetingNYSED Building - Albany, NY

October 13-15, 2017NYSBCA Annual Convention Courtyard by Marriott Hotel - Lake George, NY

October 14, 2017NYSBCA Annual Membership MeetingCourtyard by Marriott Hotel - Lake George, NY

2 The Yellow Bus, Spring 2017

This publication is a member service of the

New York State Bus Contractors AssociationP.O. Box 268, Latham, NY 12210

(518) 220-9905 • (518) 220-9906 (fax)www.NYSBCA.com

———

2016-17 NYSBCA Board of Directors

OFFICERS

Michael Martucci, PresidentQuality Bus Service, LLC

Bree Allen, 1st Vice-PresidentThe Trans Group

Corey Muirhead, SecretaryLogan Bus Company Inc. & Affiliates

John J. Corrado, TreasurerSuffolk Transportation

Robert Pape, Past PresidentDell Transportation

DIRECTORS

Kyle AlbersHuntington Coach Corporation

John BeGasseFirst Student Inc.

Tim BirnieBirnie Bus Service

Robert BrownBrown Transportation

Seth CorwinChappaqua Transportation

Linda DeSabatoVallo Transportation

Gene KowalczewskiStudent Transportation of America

Sean McCabeFirst Student, Inc.

Paul MoriHuntington Coach Corporation

Tommy SmithSuffolk Transportation

Neil StrahlPioneer Transportation

Carmen TomeoWE Transport, Inc.

Nick ValloneRolling V. Bus Corporation

Brett WesterDurham School Services

HONORARY LIFETIME MEMBERS

Ed ArrigoniNY Bus Service

Kevin CliffordHuntington Coach Corp. & Hendrickson Bus

John CorrThe Trans Group

Joan CorwinChappaqua Transportation

Timothy FloodThe Trans Group

Phil ValloneRolling V. Bus Corporation

R. Thomas WeeksRidge Road Express

STAFF

Jennifer Hickey Bruce, CMP Executive Director

Andre ClaridgeGovernment Affairs Representative

A Message from the President

Dear Fellow NYSBCA Members:

I am sure you are as excited as I am to bid farewell to this winter season and although winter has decided to hang around New York late this season, your team at NYSBCA has sprung into early action in 2017 and is deeply entrenched in legislative and school transportation safety activities state-wide.

Let me begin by briefl y highlighting our progress on this year’s legislative agenda since our package of reforms was vetoed by Governor Cuomo in November of last year. Th e association’s package of proposed reforms, which include the use of the ECI for contract extensions, repeal of the sales tax on school buses and associated items, and the reinstatement of employee protection provisions (EPP) into pupil transportation contracts for New York City school bus workers has been fi ne-tuned during the off session, and our team has been in discussions with the Assembly, Senate, and Governor’s offi ce on steps moving forward. Th e legislative season kicked off with myself and ATU 1181 President Michael Cordiello providing joint testimony at the education budget hearing in Albany in February. Just last week, the Assembly and Senate one-house budget bills were released, and language relative to our package was included in both bills. Although the language in both one-house bills was not identical, we are in continuous contact with representatives from the Assembly, Senate, and Governor’s offi ce and our package is included in this year’s budget negotiations.

In addition to our legislative eff orts, our association sponsored the Nassau Region Parent Teachers Association Annual Legislative Conference held in Carle Place, Long Island in the beginning of March. NYSBCA members from the Nassau region, led by NYSBCA Past-President Bob Pape provided information to parents about school bus safety, and spread the important message of safety, effi ciency, and savings to parents in attendance. Th ank you to Bob and all the members who helped support this outstanding event.

Coming up on May 20th will be the annual NYSBCA Safety Competition at Rockland Lake State Park. Th is annual event attracts hundreds of the fi nest school bus drivers around the state and is the only state-wide school bus safety completion in New York. I look forward to another well attended competition and thank you in advance for your support of this important event.

Finally, thank you to all of the members who have supported the BUS PAC for 2017. None of our eff orts would be possible without the fi nancial support of our members. If you have not made a contribution, or have not met the maximum contribution threshold, please seriously consider contributing to this eff ort.

I have said this many times before, but 2016 was a year of important fi rsts for the association and I am confi dent that 2017 will be a year of accomplishment as well. Th ank you to everyone who has supported our eff orts through a dues payment, attendance at an association function, freely giving of your time in a conference call, or through support of our BUS PAC. Without you, our association would not be the cornerstone of

school bus safety in New York and the job that we take the most seriously—the safe transportation of our children—would be

Spring 2017, The Yellow Bus 3

Th e 46th Annual New York State School Bus Safety Competi-tion, organized by the New York School Bus Contractors As-sociation (NYSBCA), will be held on the grounds of Rockland Lake State Park (299 Rockland Lake Road ~ Valley Cottage, NY 10989), on Saturday May 20th.

Online you will fi nd the following information:• Competition Rules and Regulations• Competition Driver Application• Competition Judge Application• Advertising & Sponsorship Opportunities• Directions to Rockland Lake State Park (Parking Field #4)

Please consider sending your drivers. Registration is only $50 for member companies and $65 for non-member companies and school districts. Registration includes the competition it-self, a barbeque lunch and a t-shirt.

We are ALWAYS in need of judges. Please help with this fun event by signing up to help. Even if you are unfamiliar with judging, we will put you in a group of people that can help you during the event. Score keepers and runners are always needed too! As our way of saying thanks, we promise you a day of fun,

a continental breakfast with coff ee, a barbeque lunch, a t-shirt and bragging rights.

Even if you cannot make it to the competition, be there in spirit! Support our drivers and judges by sponsoring an ad in the Booster Booklet. Possibly even consider sponsoring the t-shirts, the lunch or the awards.

Visit the NYSBCA website to fi nd out more!

46th Annual NYS School Bus Safety Competition Information

Now Available Online

In this space, Rich Landau and Michael Abitabilo from the na-tional workplace law fi rm of Jackson Lewis provide answers

to questions frequently asked by human resources professionals. Have a question you’d like answered? E-mail [email protected].

Q: We just received a letter from a former employee’s attorney demanding a copy of all prior evaluations and discipline in the employee’s fi le. Th e attorney attached a signed authorization from the former employee. Must we pro-vide copies?

A: Not from a legal perspective. State law does not require that items in an em-ployee’s or former employee’s personnel fi le be copied or otherwise shared with an employee or their attorney. However, from a practical perspective, as an employee should already have seen his or her evaluations, you may want to provide them so as not to appear defensive. Th is is a good reminder to make sure personnel fi les contain only the material they should con-tain and not extraneous items or medical information.

Q: One of our salaried, exempt employees has been out exces-sively and oft en leaves early. Do we will have to pay her full weekly salary?

A: Salaried, exempt individuals cannot be docked for partial day absences. Partial absences can be charged to any accrued time such as vacation, sick or personal leave. Exempt individu-

NYSBCA: Q & A with Jackson Lewis – March 2017

als can be docked for full day absences due to personal reasons and for full days out due to illness if pursuant to a sick pay plan (e.g. when they run out of sick days). Of course, an employee may generally be disciplined or even let go due to excessive ab-senteeism, subject to FMLA and ADA regulations.

Q: We would like to change our policy on overtime so that paid sick and personal time would not count as hours worked for overtime purposes, but paid holidays and vacation would count. Can we do this?

A: Assuming that no employment con-tract or collective bargaining agree-ment (union contract) prohibits this, an employer is free to modify any policy prospectively, including its overtime policy. State and federal laws do not

require that paid benefi t time be counted as time worked for overtime purposes, only actual hours worked. Any change in your policy should be communicated in writing with a clear eff ective date.

Th e responses provided above are provided for informational purposes only. Th ey do not constitute legal advice nor create an attorney/client relationship between Jackson Lewis and any readers. Readers should consult counsel of their own choosing to discuss how these matters relate to any individual circum-stances. Th ese responses may be considered attorney advertis-ing; prior results do not guarantee a similar outcome.



“Being recognized with the IC Bus Dealer of the Year awardis a tremendous honor for our company,” said Mike Leonard, president and CEO, Leonard Bus Sales. “Th is is a huge win for the entire Leonard Bus Sales team and a refl ection of our com-mitment to making it easy for our school transportation part-ners by providing them support like our Diamond and Master Certifi ed technicians, proprietary fl eet planning tools, and one-stop-shop service and warranty support.”

Leonard Bus Sales operates four full-service facilities in Deposit, Bergen, Rome, and Saratoga Springs, N.Y. In addition, to providing custom-ized support and solutions for its customers, Leonard Bus Sales is an active community partner and con-tributes to a variety of community programs, including the Leonard Family Scholarship -- a program es-tablished to assist students enrolling in a technical or college education program to help them achieve their goals.

“Winning these national awards is a testament to the hard work and dedication demonstrated by our entire team, said Jon Leonard, Vice President, Leonard Bus Sales. “We put our customers and employees fi rst and the results speak for themselves. As our company grows, we will continue to invest in making it easy for our customers with even more customized support and solutions.”

IC Bus recently announced Leonard Bus Sales as the com-pany’s North American School Bus 2016 Dealer of the Year.

Th e award focuses on excellence in dealership performance, as well as industry and community leadership.

In February of this year, IC Bus also presented the Leonard Bus Sales team with its Pursuit of Excellence award for its best-in-class customer support, sales achievements and community service, and the IC Bus Diamond Premier Dealer award for securing a majority of market-share within their sales territory.

Winning these awards marks the second time that Leonard Bus Sales has won the IC Bus North American Dealer of the Year and the fourth time in fi ve years that the company has won IC’s Pursuit of Excellence Award.

“We are proud of Leonard Bus Sales for earning our top award as the 2016 IC Bus Dealer of the Year,” said Trish Reed, vice president and gen-eral manager, IC Bus. “Th e Dealer of the Year award recognizes the energy and commitment of all the dealership’s employees, the commitment to growing their business and the recognition by customers as the dealership of choice in their market.”

Leonard Bus Sales Named IC Bus North American 2016 Dealer of the Year

Scores Hat-Trick by Earning IC Bus’s Diamond Edge and Pursuit of Excellence Awards

Consider yourself lucky if you sold a stock at or near its high point or jumped in when it was near its bottom. As

diffi cult as that is to accomplish, taking action at the ideal time is much easier to do when you’re considering the gift of your own company stock.

Some business owners are not aware that gift s of their company stock to their children or siblings need to be reported to the IRS. In most cases, those gift s do not result in any current tax being owed because the gift s are below the annual thresholds or the donors have plenty of lifetime gift and estate exclusion remaining, but the gift s could have future tax implications to the donors or recipients. In most situations, it is more advantageous for the value of a gift to be as low as possible, but sometimes the opposite is true. Th erefore, not only should donors recognize which applies to them but they should also understand how best to time their gift s.

Th ose that will likely never fully utilize their lifetime exclusion and expect the value of their company stock to

Timing the Gift of Company Stockwritten by Ray Neubauer, CPA, CGMA, Partner of GKG CPAs

grow should hold on to it, if possible, and let it pass to the intended benefi ciaries upon death and with a stepped-up basis. Lower gift values might be sought if such growth is not expected, the exclusion will likely be fully utilized, or if the donor prefers to make gift s while alive. With that in mind, timing those gift s should be considered. How is that done?

Business owners have the luxury of hindsight. Th ey can look back to determine when the company was performing at its best or worst. Changes in ownership via gift s can be done as long as the corporate tax return for the year of the gift has not been fi led. If the year started off poorly but ended strong, a gift can be made eff ective at the beginning of the year to capitalize on the lower value. If the year started off well but ended poorly, an end of year gift should be considered. Conditions that occurred aft er the eff ective date of the gift and were not known or knowable when the gift was made are not factored into the determination of the stock value.

If this still seems complicated, don’t struggle through your options. Feel free to call GKG and speak to one of our qualifi ed tax or valuation professionals for advice.



Your bus took a rear end shot. Th e Police Report says that the other guy was at fault. Your estimate says you have

$3,000 damage and you have a $2,500 deductible on your in-surance policy. So you don’t put in a claim. Your shop has an extra bumper on the shelf and your mechanic can swap it out in a couple of hours. He will add some touch up paint and the bus will be ready to roll in 48 hours. So you put a spare bus on the route for two days and the whole thing didn’t cost you a dime. Right? Absolutely incorrect. Why? Well, let’s step back for a minute.

Bidding ProcessA local district contract is coming up for bid. Th ey have 25 routes and you want to pick them up. We all know there’s plenty of planning, guessing and behind the scenes work that goes into coming up with that fi nal fi gure. But before all that, you have to fi gure your fi xed costs: Brick and mortar, utilities, resources, taxes, salaries, etc. Are you going to need another mechanic for PM? Will you need extra buses, extra spares, or extra parts? You have to factor in the cost of all of those things before you begin to calculate your margins.

Now let’s go back to the bumper bender. All the same factors apply. You pay your shop personnel a salary. Why? Because buses have accidents. Th e work on that bumper is your AC-TUAL labor cost. And that “extra” bumper wasn’t free. You paid for it. It may have been long ago, or it may have come as a package with the rest of the bus it rode on in a former life. Why did you keep it? Because buses have accidents. Where was it stored? Inside a parts shed? Out in the back lot with a dozen other derelict buses? In any case, that land has value and you’re either paying rent or taxes on it. Either way, that’s a genuine cost factor. Why do you keep the derelict buses? Because buses have ac-cidents.

ValueSo that little repair job was far from cost-free. Th e quan-dary is how to allocate cost percentage to all of those fi xed cost factors. Th e answer is that you can’t. Th at is why the insurance laws in most states have adopted the REASONABLE rule. Because ACTUAL cost is illusive, damaged parties are entitled to go aft er the other driver’s carrier for the REASONABLE retail value of the repair. In our bumper scenario, that’s the $3,000 calculated by the appraiser. Are you collecting $3,000 every time one of your buses gets rear ended?

Loss of UseInsurance companies hate to pay loss of use, AKA “down-time,” but fl eet owners are entitled to collect loss of use for the number of days it reasonably takes to eff ect repairs caused by the negligence of another.

Th e “daily rate,” for the loss of use can be determined in a variety of diff erent ways depending upon the fl eet owner’s business model. But when you put in a claim, the fi rst thing the adverse carrier will tell you is that you have

to provide tax returns or other proofs of income. NOT TRUE! Th e next thing they will say is that you are not entitled to loss of use damages if you had a spare bus. NOT TRUE! Courts na-tion-wide recognize that the fl eet owner has to maintain spare buses in order to service the community. Th ey understand that there is a signifi cant cost associated with maintaining the spare fl eet that cost should be borne by the negligent party.

Benefi ts of Aggressive CollectionFailure to pursue collection from the adverse vehicle owner re-sults in unreimbursed costs. If you were adding a $100,000 or more to your bottom line annually, that could create the edge you need to drop your bid enough to win that contract. Squeez-ing every dollar out of every accident could, translate into a substantial increase in your client base.

Furthermore, aggressive collection practices can lead to a re-duction in preventable accidents. A client of ours runs a large school bus company. His annual claims are well into six fi g-ures. Th is client deposits all loss of use checks into a segregated account. From there he sponsors employee incentives for safe driving and outstanding performance. He credits this program with a marked decrease in chargeable accidents which posi-tively impact loss runs and the savings multiply.

Significance of Aggressive Accident Claims Collection

By Kevin Lowry, CEO, TranSubro, Inc., www.TranSubro.com

(continued on page 17




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Each year, the New York School Bus Contractor’s Associa-tion promotes a legislative agenda of smart reforms to im-

prove school transportation safety and cost-eff ectiveness in New York State. Additionally, each year our industry supports the fundraising committees of those elected offi cials that sup-port our agenda. Th is year is no diff erent; we need your help to meet our PAC fundraising goal of $60,000.

As we look to continue the forward momentum we established last year on our legislative agenda, I am hopeful that you will join us in meeting our goal by contributing at least $5,000 to our bus PAC.

It is important to note that the law governs how much indi-viduals and corporations can contribute to the PAC, so we have provided guidance below. It is also important to remember these limits are aggregate limits for the year; for example, if your business has already made political contributions totaling $5,000 in 2017, then your business is banned from making con-tributions for any political committee in 2017. If your business is maxed out, then you are most likely eligible to contribute as an individual given that the limit for an individual is $150,000. In addition, other affi liated corporations are eligible to con-tribute provided they are separate legal entities.

NYSBCA Calls on Members to Please Support the

Association’s Political Action Committee (PAC)

Contribution limits for New York State: • An individual may contribute up to a total of $150,000.00 in a calendar year.• A corporation may contribute up to a total of $5,000.00 in a calendar year.• Each affi liated or subsidiary corporation, if a separate legal entity, has its own limit – meaning you have multiple contribution limits for each entity.• Contributions are not tax deductible

Please send your PAC contribution to: Debbie Carroll at Suf-folk Transportation Services, Inc. at 10 Moffi tt Blvd. Bayshore, NY 11706.

Make checks payable to: New York School Bus Operators for Eff ective Government. Please be sure to provide your address on the check as well for state fi ling purposes.

If you have not yet contributed, or have contributed, but not met our member goal of $5,000 please consider contributing today – participation from every member is vital to our eff orts. If you have already contributed to the BUS PAC at the $5,000 level, thank you very much.

With your continued support, we will fi ght to ensure our voices are heard.

By Ryan Smithson, Tyler Technologies

There are as many viewpoints on technology in the K-12 industry as there are transportation professionals. Some

districts are fully equipped with the latest GPS/AVL technol-ogy, student card readers, routing and fi eld trip soft ware and even on-board tablets for navigation. Others use spreadsheets and paper maps.

You know that having the right tools to fi x your buses is key, but what about the technology tools that can help keep your operation safe and effi cient? Just like you have to know the dif-ferent uses of your wrenches and clamps, you also have to know how your technology tools are suited to help you. Th ey should make your life easier, help you get the job done productively, and keep your community better informed about your work

Th e only way to know for sure is to ask questions, to learn from people with experience and to see for yourself what works. Th at’s why Tyler recently held an online panel in which we in-terviewed a few of our most successful student transportation soft ware users, attended by an audience of over 100 of their peers. You can watch the recorded webinar on our website at tylertech.com, but we’ve outlined here the most important items the panelists covered in terms of incorporating technol-ogy into their operations:

• Figure out what you’re spending now – in both time and money. How many resources do those postcards to par-ents cost your operation at the beginning of every school year? How much time do your routers spend on the phone answer-ing “where’s my bus” questions each morning? Tallying these costs can give you an idea of how your operation is working and where technology might help you be more effi cient.

• Add pieces of technology over time. If budgets are an is-sue, then there’s no need to do it all up front. Plus, this ap-proach gives you the ability to “test out” a vendor, and being fl exible and creative can help you tailor a solution that best fi ts your needs.

• Don’t overlook vendor services. Impressive technology doesn’t mean much if you can’t get it up and running, or if the support team can’t answer your questions quickly. Evaluate implementation methodology, project management and sup-port services as carefully as you do the technology they supple-ment. You’ll thank yourself later!

• Be open about any coming changes. Everyone from par-ents to school offi cials to your own routers could be skeptical of technology. Don’t add to their fear by being secretive. En-gage media outlets and send out email blasts to keep people

Industry Viewpoints on Technology

Tyler Technologies’ Solutions Consultants Kim Rentner and Brant Gardner

(continued on page 13)


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Before leaving offi ce in January, President Obama took time to issue the President’s Lifetime Achievement Award to

the Reverend Doctor James Carter Jr., a pastor, chaplain, and member of the safety department of Long Island, New York’s Educational Bus Transportation, a member organization of Th e Trans Group. Th e announcement was made by Trans Group President John Corr, Jr.

“I have been honored to know James since he joined Educa-tional Bus Transportation in 2004, fi rst as a school bus driver and later as a member of the safety department,” noted Corr. “He has been a true inspiration to me and to everyone who has

had the privilege to work with him. James is deeply devoted to Copiague, where he has lived since 1987, and I am overjoyed that he has received Presidential recognition for his years of community service.”

A pastor at St. John’s Baptist Church in Copiague, New York, Carter is also a member of the Christian International Chap-laincy Association and is responsible for certifying more than 100 men and women as chaplains. It was the Chaplaincy Asso-ciation that nominated him for the Presidential Achievement Award because of his commitment to pastoring, feeding the hungry, visiting hospitals, and improving the lives of his fellow

citizens.

In a letter to Carter that accompanied the Achievement Award, President Obama wrote, “Congratulations and thank you for helping to address the most pressing needs in your community and our country. Your vol-unteer service demonstrates the kind of commitment to your community that moves America a step closer to its great promise.”

“Everyone at Th e Trans Group family of bus organi-zations joins me in congratulating James on this great honor,” concluded Corr. “It refl ects what we stand for as a company and what we strive for in our dedication to the communities we serve.”

Educational Bus Transportation provides student transportation services to school districts in Nassau and Suff olk Counties. Th e Trans Group employs over 1,700 individuals and operates over 1,200 school and public transit buses in lower New York State and Long

Island. Th e company is actively involved in the school bus in-dustry on a state and national level. For more information, please visit www.thetransgroup.com.

Educational Bus Transportation’s James Carter Jr.

Receives White House Praise for His Years of Service

Th e Reverend Doctor James Carter, Jr., a member of Educa-tion Bus Transportation’s safety department, proudly displays the Lifetime Achievement Award he received from President Obama.

Industry Viewpoints on Technology (continued from page 11)

informed. Shock and please the public with proactive commu-nication.

• Stay informed. School transportation is what car manu-facturers call a “follower” industry. Th at is, it follows the trends of the commercial vehicle market, only several years later. Of course we understand the necessity and reason for these de-lays: budgets, state approval, public perception, etc. But if the car companies are right, then maybe it’s only a matter of time before the public is demanding safety technology like the prox-imity sensors, collision avoidance systems, and touchscreen navigation they’re now used to having in their cars.

Th e industry is buzzing with development eff orts, both exist-ing and on the horizon. Mobile WiFi on buses, mobile apps

for parents, accident recreation, real-time engine diagnostics, onboard tablets and other solutions are completely reshaping how kids get to school. You may not incorporate all of them into your operation, but you won’t regret staying abreast about what’s out there.

It takes time, research, and experience to fi gure out what tech-nology tools to put in your tool box, but the eff ort is well worth it in a world where parents expect instant, accurate communi-cation and school offi cials expect you to be safe, on time and within budget. You may not be able to completely control what happens on the road, but gathering the viewpoints of your peers is a great fi rst step.



Factory Direct Bus Sales & Ivan Soto are REV’d Up!

REV Group, the parent company of Collins Bus Industries, recently had an event at Disney World that

celebrated the company going public. A major highlight of the three day conference and party was the ‘School Bus Dealer of the Year Award’. Th e 2016 recipient was the New York dealer Factory Direct Bus Sales (FDBS). Rick Reichenbach, President of FDBS, said, “I am proud to receive the award on behalf of all the sales people, technicians, support staff and clients who by trusting in our brand made this possible”.

Collins Bus presented FDBS with an offi cial NASCAR race car hood as an award for their tremendous market share, customer satisfaction, consistent sales and overall dealer experience. John Walsh, President of REV, praised FDBS for their dedication to their clients and the school bus industry.

Ivan Soto, who is a well know bus expert at FDBS, was awarded ‘School Bus Salesman of the Year’. Th is is the fi rst time ever that Collins recognized an individual sales person. Tony Augsburger, Collins sales manager, said while presenting the award, “Ivan epitomizes what hard work and dedication to our industry can accomplish. He is there for his clients 24/7and we are proud he sells our Collins Bus Product”.

“If anyone deserves this award it is Ivan. He has been in the school bus industry since he was 18 years old. In 2004, he came on board at FDBS in the Service Department. Aft er much coaxing I got him out from under the bus and on the road to sales in 2007. It has been a great journey of success for him and for our company ever since”, says Rick Reichenbach, President of the FDBS.

Ivan’s new business cards now read ‘VP Sales Operations’. If you need help with any of your transportation equipment needs do not hesitate to call Ivan or the team at FDBS, where you can Trust that Excellence Comes Standard with Every Bus!

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Richard C. Kelly, Esq. Grace Kelly, MBA, SPHR

Phone—(215) 896-3846

E-mail—[email protected]

Web—www.rckelly.com

RC Kelly Law Associates provides business advice and legal counsel to hundreds of

school bus contractors across the country. You too should get guidance from

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Avoiding NY Driver Fitness Testing Injuries

As all New York school bus contractors know, every school bus driver in New York must show proof of fi tness by

passing a physical performance test approved by the Commis-sioner of Education at least once every two years. 8 NYCRR §156.3. New York also provides guidelines created by the New York State Education Department (NYSED), with the intent to ensure tests are being performed correctly. Unfortunately, bus drivers are oft en injured when technique takes precedence over safely performing the test, most commonly during the emer-gency exit test and the carry-drag test. Below is an analysis of how to safely perform the emergency exit and the carry-drag portions of fi tness for duty testing so as to best avoid injury that could result in a Workers Compensation claim.

Emergency Exit Testing Standards and Injury PreventionTh e emergency exit standard requires a bus driver to start in a seated-with-safety-belt-fastened position, then leave the driv-er’s seat and exit the bus from the rear emergency door exit within 20 seconds. While this is a seemingly short amount of time, it is actually adequate time to perform such task. It is important to note that the driver should not hurry during the 20 seconds, as this may lead to mistakes as well as injury. When the driver reaches the back of the bus to exit, the driver should carefully sit with his or her legs hanging out of the exit, and slide out. When drivers jump from the emergency exit from a standing position, they are more likely to injure themselves. Th e following paragraphs document ways in which to prevent driver injuries from occurring while performing the test.

While the test is in progress, contractors should utilize some type of cushion so as to protect drivers’ knees and ankles from shock when exiting the bus, as well as providing a soft er sur-face to land on if they fall. Th e guidelines allow a foam rubber gym mat, no thicker than four inches, to be used. In addition to mats, spotters may be utilized to help drivers exit the bus and prevent injury from occurring. While the guidelines state that spotters may not touch or assist the driver while exiting the vehicle, they do also allow the spotters to help the driver avoid falling. Th at is the point of having spotters. Th e guide-lines do not limit the number of spotters. Since the direction that a driver may fall in is unpredictable, the safety of the driver is increased if multiple spotters are stationed around the exit.

Carry-drag Testing Standards and Injury PreventionTh e carry-drag portion of the test requires a driver to demon-strate the ability to drag or carry a 125 pound object 30 feet in 30 seconds. Th e safest way to perform this standard is to secure a piece of rubber bus fl ooring and/or a mat to the ground. Th e mat may be secured temporarily, or permanently. In order to prevent any moving of the mat, which could result in injury, an area should be used where the mat can be securely anchored. Soft er material fl ooring underneath the designated mat is rec-ommended over a cement sidewalk and/or an asphalt parking lot in case the driver falls while dragging the object. Weights should be used to replicate the testing standard-mandated 125 pounds. In addition, the weights should be attached together so that they do not shift and create awkward positions for the drivers pulling the weight. Additionally, drivers should pull the weight in a smooth fl uid motion, rather than jerking at the weight, to decrease the risk of back and shoulder injuries. Simi-larly, a spotter can be used to help guide and direct the process and, if necessary, assist or stop the test if a tester is in danger of falling or over straining.

What should school bus contractors do?It is critical to ensure all staff meets state-wide expectations of the position in which they have been employed. However, it is equally important to school bus contractors that drivers re-main unharmed while performing all New York Pupil Trans-portation Safety mandated requirements, those requirements being such: “operate safely a transportation conveyance and to satisfactorily perform the other responsibilities of a school bus driver.” While the NYSED provides detailed guidelines for performing the physical fi tness test, it is still possible to comply with the law, while ensuring safety and avoiding workers com-pensation injuries. Oft en, your insurance agent or insurance company has a risk management department that will assist you with information or resources. You might also consider consulting with a resource that can provide guidance on work-place ergonomics, proper lift ing, and related elements of work-place injury prevention.

If you have any questions about driver fi tness testing, ergo-nomics resources, or would like assistance, we are here to help. You may contact RC Kelly Law Associates at 215 896-3846 or [email protected].

Insurance CompaniesWhat is the best way for a transportation company to deal with insurance companies? Th e answer is, “DON’T”. Your business is moving children to and from school. Th at is a specialization. Claims collection too is a specialization requiring legal experts to keep abreast of changing laws and the diverse policies of the various insurance companies. It also requires constant and re-

Significance of Aggressive Accident Claims Collection (continued from page 7)

lentless follow up. You don’t need that on your plate and you can’t devote the resources necessary to maximize collections.

Outsourcing is the way to go. Devote your resources to your core mission and let the claims experts do what they do best. Companies like TranSubro act as partners with our clients and we share a common goal; maximizing your returns on your accident claims. Whatever you choose to do, do not neglect this critical function. You will be truly amazed at your income stream.


(continued on next page)

There’s Still Time To Make An

IRA Contribution For Last Year

written by Rick Anastasia and Mary MacKrell, LCS&Z, LLP

If you wish to make an IRA contribution for 2016, you still have time. Contributions can be made up to the unextended

due date of your tax return, which for 2016 is April 18, 2017.

Th ere are several benefi ts to making an IRA contribution, the most important one being that you are putting money aside for your future retirement. Th e following is a rundown of the rules and tax tips relating to making IRA contributions and the potential tax benefi ts.

Age Rules - You must be under age 70 ½ at the end of the tax year to contribute to a traditional IRA. Th ere is no age limit to contribute to a Roth IRA.

Compensation Rules - You must have taxable compensation to contribute to an IRA. Th is includes income from wages and salaries and net self-employment income. It also includes tips, commissions, bonuses and alimony. If you are married and fi le a joint tax return, only one spouse needs to have compensation in most cases.

When to Contribute - You can contribute to an IRA at any time during the year. For the contribution to count for 2016, you must contribute by the due date of your tax return. Th is does not include extensions. Th is means most people must contribute by April 18, 2017. If you contribute between January 1 and April 18 of 2017 for 2016, make sure your plan sponsor designates it as a 2016 contribution.

Contribution Limits - In general, the most you can contribute to your IRA for 2016 is the smaller of either your taxable com-pensation for the year or $5,500. If you were age 50 or older at the end of 2016, the maximum you can contribute increases to $6,500. If you contribute more than these limits, an additional tax will apply. Th e additional tax is six percent of the excess amount contributed that is in your account at the end of the year.

Deductibility – Contributions to a Traditional IRA are gener-ally tax deductible, but the deductible amount phases out for taxpayers who are active participants in their employer’s re-tirement plan. (Box 13 on your W-2 form from your employer will be checked if you are an active participant in your employ-er’s plan.) A higher phaseout threshold applies to unemployed spouses who make contributions based on the other spouse’s income. For 2016, the adjusted gross income (AGI) phaseout range is:

Filing Status Phaseout Threshold Fully Phased Out Unmarried $61,000 $71,000 Married Filing Jointly $98,000 $118,000 Married Filing Separately $0 $10,000 Spousal IRA $184,000 $194,000


New York City-based Logan Bus Company recently pur-chased 55 new Trans Tech Trans Star Type-A school buses

to keep up with the company’s rapid growth and continue to meet its customers’ needs for safety, versatility and effi ciency.

Th e Trans Star is a customer-inspired 20-passenger, dual-rear-wheel school bus, that combines Trans Tech’s signature aero-dynamic design with the effi ciency of the Ford Transit plat-form.

“Logan Bus Company has grown substantially over the last few years and updating our fl eet with Trans Tech’s Trans Star shows our commitment to our customers by having the safest, most modern, and effi cient school buses available out on the road,” said Logan Bus Company Director of Contracts & Busi-ness Development, Corey Muirhead. “Our schools love the Trans Star; and with potential customers telling us that it is the

Logan Bus Company Purchases 55 Trans Tech Trans Star Type-A School Buses

to Upgrade and Expand Fleet

nicest looking school bus they have ever seen, having the Trans Star in our fl eet is great for bringing in new business too.”

Trans Tech’s Trans Star buses purchased by Logan Bus Com-pany are equipped with Ford’s optional 3.2L Power Stroke in-line 5 cylinder 185 HP clean-diesel engine. Th e company says the clean-diesel Trans Star integrates perfectly with their cur-rent operation. Logan Bus Company prefers the clean-diesel engines because of their durability and they also help to green-up their fl eet given the near zero emissions of today’s diesel engines.

Built on the renowned Ford Transit chassis, Th e Trans Star also comes standard with Trans Tech’s signature aerodynamic de-sign, industry-leading fuel effi ciency, pan-formed galvanized steel fl oors for toughness, and the company’s Versa-Track ® seating system for maximum versatility, which is vital when providing service in New York City.

“Our drivers are thrilled with the Trans Star’s exceptional vis-ibility, higher interior, comfort, and maneuverability,” said Logan Bus Company Operations Manager, Michael Cordiello. “Th e dual-wheel Trans Star is narrow like a single-wheel, mak-ing it easier for our drivers to negotiate the congested streets in New York City. Th e Dual Air Conditioning is an excellent fea-ture too, very benefi cial, especially during the warmer months. It truly is a bus drivers’ bus.”

Logan Bus Company purchased the Trans Star buses through Leonard Bus Sales, which has a Trans Tech-only facility in Garden City Park, New York. Logan Bus Company took its fi rst delivery of the Trans Star in February and delivery of at least four to fi ve buses will be made every week until the order for all 55 buses is fi lled.

If you can deduct the Traditional IRA contribution, it will lower your AGI, taxable income and tax liability. Th e amount of your AGI is used to limit certain other deductions and tax credits. So deductible IRA contributions are a way to reduce your AGI and potentially increase other deductions and cred-its. For example, if you are obtaining your health insurance from a Government Marketplace, lowering your AGI could actually increase the amount of your premium tax credit that helps to pay for your insurance.

Saver’s Credit – For lower income taxpayers, there is a tax credit that helps you pay for your IRA contribution. Th e credit

is a percentage of your IRA contribution ranging from 50% to 10% of your fi rst $2,000 of IRA contributions. If you are mar-ried, it applies to each spouse individually. For 2016, the credit applies to married taxpayers with an AGI less than $61,500, single taxpayers under $30,750 and head of household fi lers under $46,125.

Choosing Between Traditional & Roth IRAs – Generally dis-tributions (except for non-deductible contributions) from Tra-ditional IRAs are taxable, while distributions from Roth IRAs are tax-free.

IRA Contribution (continued from previous page)

SCHOOL BUS


P.O. Box 268Latham, New York 12110

Read These Stories InsideLegislature and Governor Working on NYSBCA’s Budget Initiative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Calendar of Events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

A Message from the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

46th Annual NYS School Bus Safety Competition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

NYSBCA: Q & A with Jackson Lewis – March 2017 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Leonard Bus Sales Named IC Bus North American 2016 Dealer of the Year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Timing the Gift of Company Stock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Maximizing Your Claims Collection Can Reduce Your Auto Accidents and Increase Your Client Base . . . . . . . . . . . . . . . . . . 7

Industry Viewpoints on Technology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

NYSBCA Calls on Members to Please Support the Association’s Political Action Committee (PAC) . . . . . . . . . . . . . . . . 11

James Carter Jr. Receives White House Praise for His Years of Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Factory Direct Bus Sales & Ivan Soto are REV’d Up! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Legal Focus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

There’s Still Time To Make An IRA Contribution For Last Year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Logan Bus Company Purchases 55 Trans Tech Trans Star Type-A School Buses to Upgrade and Expand Fleet . . . . . . . . . 19

Documents

the YELLOW BUS Newsletter Spring Issue - Yellow Bus.pdfand sheds light on their budget negotiation starting points. Th e Assembly included all three provisions of the legislation that