Please note: The material in these articles, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the posts. The articles should not be considered, nor are they intended to constitute, legal advice. For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500.
This supplements our recent blog regarding the new FMCSA bus leasing regulations. Tom Giddens, the President of the California Bus Association, appropriately advises that the regulations as promulgated extend their reach past leasing and also cover situations where one authorized bus company “farms out” or “subcontracts” a trip to another authorized bus company. It is common practice for passenger stage operators to subcontract trips to other bus companies for a variety of reasons. Such should not be considered a lease arrangement as buses and drivers are not leased. The California Bus Association, and other associations, are trying to get FMCSA to reconsider and retract this part of the new leasing regulations. If you are interested in assisting or have questions, feel free to contact a CBA representative.
On Wednesday, September 2, Chauvel & Glatt's latest news update, New Bus Leasing Regulations, was forwarded by California Bus Association (CBA) to all of its members. In the organization's newsletter, CBA also cited a comment on this regulation made by Suzanne Rhode at the American Bus Association.
Back to school! Angel Riley, an Associate at Chauvel & Glatt, is back for a third semester as an adjunct Business Law Professor at Skyline College in San Bruno, California. One evening a week, Angel teaches local college students the foundational concepts of business law including the elements, functions, and applications of contracts as well as the legal principles and procedures specific to business ownership and operation.
The FMCSA recently adopted brand new leasing regulations for passenger carriers. The bus leasing regulations, which go into effect on January 1, 2017, are very similar to the leasing regulations which have been in effect for many years for trucking companies. The stated reason for the new regulations is to ensure that passenger carriers cannot evade FMCSA enforcement by entering into questionable lease arrangements to operate under the authority of another carrier that exercises no real control over the operations. The new rules will help FMCSA identify bus carriers transporting passengers in interstate commerce and assign responsibility to these entities for regulatory violations discovered during inspections.
On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that a state’s ban of same sex marriage is unconstitutional, stating in its opinion that the “right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same-sex may not be deprived of that right and that liberty. The Court now holds that same-sex couples may exercise the fundamental right to marry.” As a result of this decision, the federal government and all states must recognize same-sex marriages and issue marriage licenses to same-sex couples.