[Feds] Students express disappointment to Fed Bus/Greyhound Ruling

For Release May 8, 2006

Students express disappointment to Fed Bus/Greyhound Ruling

Waterloo, ON: The Federation of Students (Feds) is disappointed with the Ontario Highway Transport Board over its recent decision not to recognize its "Fed Bus" operation, a popular student-run service at the University of Waterloo, as a chartered service.

The complaint filed by Greyhound contends that the Feds, through the Student Transportation of Canada (STC), is in violation of the Public Vehicles Act for operating an unlicensed scheduled bus service. The Highway Transport Board chose not to recognize a group of students traveling home for the weekend to qualify as a "group" for the purposes of a charter.

The Federation of Students is currently examining avenues of appeal in consultation with its lawyers and the STC. The Fed Bus will continue to be in operation until July 31 st, 2006 in compliance with the ruling of the Ontario Highway Transport Board.

This decision places the 600-1000 students who use the service every weekend to go home to London, Hamilton or the Greater Toronto Area in a difficult situation, as they now have to find alternative transportation. "With rising tuition costs, it is more important than ever for there to be a low-cost student-friendly transportation alternative" says Renjie Butalid, Vice President Administration & Finance of the Federation of Students.

The Federation of Students exists to serve, empower and represent the 21,000 undergraduate students at the University of Waterloo.

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For further information contact:

Renjie Butalid
VP Admin. & Finance
University of Waterloo
Phone: 519 888 4567 x3880
Email: vpaf@feds.uwaterloo.ca

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From what I have heard from those who attended the transportation board hearing, the chair was siding unfairly with Greyhound through the entire hearing. I wish there was a recording so that we could hear what transpired.

It wouldn't surprise me though if Greyhound had actually payed off the transporation board, considering how large of a corporation they are and the monopoly they have on the market. Of course this is only speculation.

Speculation? Sounds more like talking out of your ass.

I don't know who you heard from, but I would not characterise the board as having sided with anyone through the entire hearing. My impression was that they were pretty flaccid about most of it.

One strange thing about the hearing was that the Feds and STC lawyers referred to the issue of the hearing being about whether the activity in question was chartered trips or scheduled service and the chair referred to the issue as being whether they were licenced. It had thitherto seemed the same thing to me.

In the suggestion of "paying off" your statement refers to the size of the corporation and the monopoly as evidence. Unless you believe there to be a connection between large corporations with monopolies and bribery, that is not enough evidence.

Consider the purpose of the board:

Under the Public Vehicles Act and the Motor Vehicle Transport Act, the Board controls entry and maintains an orderly development in the business of transporting passengers for compensation in public vehicles, both within Ontario and to other jurisdictions.

See, controlling entry is part of maintaining a monopoly. That is part of the boards role and something that Greyhound wants. The board shouldn't reasonably license other operators if it will disrupt the industry.

Thank-you Ryan for helping to clear this up a bit. I can assume now that the feeling of a bias probably stemmed from this lack of debate over whether or not the FedBus would be classified as a chartered service or a scheduled service. FedS in no way desires to operate illegally with a scheduled service without a licence. FedS' main argument in keeping this service for students was already decided to be moot by the chair of the hearing without debate; because of this, I would feel there to be some bias as well.

To clear up the "paying off" statement, I forgot to mention that this had come up more than once in discussion while talking to people about these circumstances. So I'd like to clarify that this wasn't purely my speculation, and I'm not accusing Greyhound of committing such an act. It was more of a suggestion that such a thing could occur or have occurred considering the circumstances. So no, there is no evidence that this has occurred.

Under the Public Vehicles Act and the Motor Vehicle Transport Act, the Board controls entry and maintains an orderly development in the business of transporting passengers for compensation in public vehicles, both within Ontario and to other jurisdictions.

Well, if maintaining a monopoly is in the best interests of maintaining an orderly development, then the board would be justified in having a bias against FedS. But FedS isn't applying for a licence for a scheduled service, they are claiming they don't need one because they claim to be running a chartered service.

Now, I'm a bit confused about what part of the description of the Board says. What does "business of transporting passengers for compensation in public vehicles" refer to? Especially the "transporting passengers for compensation", do scheduled services such as Greyhound receive compensation for the service they provide? I don't believe that FedS does, and would the FedBus not be a private rather than a public vehicle(S)?

"To what does "business of transporting passengers for compensation in public vehicles" refer?"

It refers generally to offering transportation in an automobile over a highway for a fare. The legal definitions are more complicated and have exclusions, but that is roughly it.

"Do scheduled services such as Greyhound receive compensation for the service they provide? Does Feds?"

Yes, they charge money for a ticket. Feds charges too and pays the charter company money. All of Greyhound, Feds, and STC receive compensation for their roles in these transportation activities. You are probably thinking "compensation" means something different than it does in this case.

"Would Fed Bus be a private or a public vehicle?"

Feds Bus is a public vehicle.

Public vehicle means:

  • a motor vehicle operated on a highway
  • to transport passengers for pay
  • not including some types of vehicles like:
    • electric or steam railways running only on rails
    • taxicabs
    • car pool vehicles
    • vehicles operated within one municipality

Fed Bus fits that definition and, under the Act is considered a public vehicle.

http://www.e-laws.gov.on.ca/DBLaws/Statutes/English/90p54_e.htm

Public vehicle means a motor vehicle operated on a highway by, for or on behalf of any person for the transportation for compensation of passengers, or passengers and express freight that might be carried in a passenger vehicle, but does not include the cars of electric or steam railways running only upon rails, taxicabs, car pool vehicles, nor motor vehicles operated solely within the limits of one local municipality;