American Bus Association files federal lawsuit against NYC for ‘unfair’ idling law

The American Bus Association has filed a federal lawsuit against New York City and its Department of Environmental Protection in an attempt to stop the ‘unfair’ idling laws present in the city. 

The suit was filed in the U.S. District Court for the Southern District of New York, and alleges that the program unfairly targets motorcoach companies, but exempts publicly owned buses such as those owned by the Metropolitan Transportation Authority.

The ABA alleges that current idling enforcement and fines in NYC could result in reduced access for interstate bus operators, which could directly affect tourism, commuters, small businesses, and anyone else who depends on reasonably priced group travel into New York City. 

The suit alleges that the NYC idling enforcement is unlawful because it violates constitutional protections by treating similar transportation operators differently, burdens interstate commerce by increasing the costs of entering and operating in the city, and contradicts federal safety violations that require buses to remain idling to maintain critical safety systems such as air brakes and emissions control. The suit also criticizes the city’s ‘bounty style’ reporting system, which encourages citizens to report companies for idling in exchange for financial incentives. 

“Private motorcoach operators help keep New York City moving by supporting tourism, conventions, student travel, and interstate transportation,” said Fred Ferguson, president and CEO of the American Bus Association. “These operators generate significant economic activity while helping reduce congestion by removing dozens of cars from the road with every trip. This lawsuit is about ensuring interstate bus operators are treated fairly under the law and that enforcement is applied consistently across all fleets. Modern motorcoaches are among the most environmentally efficient forms of passenger transportation, emitting less carbon dioxide per passenger-mile than any other mode and outperforming air, rail and personal vehicles in energy efficiency.”

While city-owned buses are exempt from idling fines, the New York City Council has introduced a bill that would raise idling fines by 200%, or up to $6,000.