How much progress on headsets in tour buses?

CitySights New York open-air tour buses

CitySights New York open-air tour buses

As we have oft posted, the NYC legislation requiring headsets on all open-air tour buses was instituted in June 2010.  According to that legislation all newly licensed open air tour buses on or after June 18, 2010 must be equipped with a headphone limited sound reproduction sound system.  Fleets with already licensed open-air buses would have to adhere to the following timetable:

By July 1, 2011 no less than 10% of each fleet

By July 1, 2012, no less than 40% of each fleet

By July 1, 2013, no less than 60% of each fleet

By July 1, 2014, no less than 80% of each fleet

By July 1, 2015, no less than 100% of each fleet.

On October 13, 2011, The Department of Consumer Affairs commenced proceedings against Gray Line New York Tours, Inc. for eight non-compliant tour buses and CitySights New York, LLC for six non-compliant buses.

So here is the report card for year one ( July 2010 to July 2011) and the settlement on fines agreed to in March 2012 by CitySights sa_CitySights_New_York_LLC.pdf and the settlement agreed to by Gray Line sa_Gray_Line.pdf  for a grand total of $429,600 to be collected by the City for noncompliance in the first year.

At this writing the second year,  (July 1, 2011 to July 1, 2012) seems not to be an issue.  According to a spokesperson at the Department of Consumer Affairs (DCA) there were eight summonses issued to open-air tour buses, none regarding compliance with headset delivered sound.

DCA has also reported that there are only four companies which have open air buses.  Of those, three companies have equipped 50 percent of their fleets (including City Sights) with limited sound reproduction systems and one has equipped 40 percent of its fleet.  Only 40 percent of each fleet was required by law to be equipped with limited sound reproduction systems and headsets by July 1, 2012.

Mr. Marmurstein of Citysights says he has no microphones going and that all their open-air tour buses are head-set ready although tenants in Washington Square Village and on 4th St. have reported hearing them.  Local residents are collecting data – date, time, name of company and bus number for the record.

Tour Guides Aren’t the Problem…

On Tuesday, Nov 29th at 1:00 pm there will be a rally on City Hall steps protesting the latest afront by Gray Line Tours on the City of New York that will eliminate more than 150 tour guides from their payroll.

Our Streets Our Lives stands in solidarity with the NYC Association of Tour Guides and its union members in protesting this insult to the City. 

“This is not the first time Gray Line Tours has scoffed at the tremendous opportunity New York City has allowed them,” says Barbara Backer, president pro-tempore of Our Streets Our Lives, and proponent of  Local Law 2010-015, which instituted the use of headsets over loudspeakers on the City’s double-decker busses. 

As of November 30th of this year, Gray Lines will have violated that law to the tune of a minimum of $400,000  in fines and managed to avoid the Dept of Consumer Affairs hearing that would call them to account for their lack of compliance. 

“We are most aware of tourism’s economic contribution to New York City and the quality of the tourist experience that keeps our City competitive.  Employing tour guides is a large part of that package,” says Judith Walsh, Co-Chair of Our Street’s Transportation Committee.   ”If Gray Line’s answer to breaking Local Law  2010-015 is to reduce local employment, we can be far more vigilant and far more critical of their operations here.”

Regulating Buses

Bleecker St Tour Buses and Lanes

With more than 100 double decker tour buses a day, Bleecker St. in Greenwich Village, has become a major tourist thoroughfare from West to East. Like many streets in residential neighborhoods, its single lane for moving traffic and a bike lane was never intended to absorb this commerical overload.

The rapid increase of inter-state, intra-state, chartered, tour, and sightseeing buses is, still, largely unregulated.  While a key component in the growth of NYC’s tourism industry, the increased traffic, safety and environmental impacts on residential neighborhoods and congestion on major commercial crossroads still needs serious and thoughtful attention.

In response to concerns raised by Our Streets Our Lives, the Tri-State Transportation Campaign,  Manhattan community-based organizations in Chelsea, Hells Kitchen, at Lincoln Center, Central Park West, in Harlem, in Chinatown, at Battery Park, the South Street Seaport, as well as Dumbo and Fulton Ferry Landing in Brooklyn, State Senator Daniel Squadron and State Assembly Speaker Sheldon Silver introduced legislation in February to authorize New York City to pass a local law to regulate intercity passenger bus service through a permit system.  Provisions of the proposed legislation included:

  1. 1.  Prohibiting intercity buses from picking up and dropping off passengers on city streets without a permit that defines approved pick-up and drop off locations.

2.  Assigning a city agency to implement and enforce the permitting system.

3.  Establishing a community board review process for issuing permits and designating locations/relocations for bus pick-up and drop-off

4.  Requiring consultation with the MTA in designating locations/relocations for bus pick-up and drop-off and issuance of permits

5.  Providing for public notice of all permit applications within five days of submission

6.  Requiring applicants to obtain five thousand dollar surety bonds

7.  Mandating agency review, and approval or denial, within ninety days of submission of application.

8.  Requiring the display of permits in buses

9.  Exempting a number of vehicles, including school buses, sight-seeing buses, transportation authority buses, municipal buses and others

10.  Authorizing a maximum $275 annual fee to be credited to the city as well as civil penalties for violations

11.  Prohibiting the adoption of any system until there has been a public hearing

While the legislation received broad support by the New York City Council , it remains in the State Senate Transportation Committee.

The refinements we, and a number of others, including CB#4 Manhattan recommend include:

  1. Giving NYC DOT authority to regulate the routes and parking of all buses.  Interstate, intra-state, commuter vans, charter, tour and sightseeing buses (double-decker) should all be subject to permitting to provide a consistent approach to all curb and street allocation between various intermodal transportation uses. This will also allow evaluating whether each community carries no more than its fair share of the routes and stops.  Further there should be a limit on the number of parking permits issued by the city.
  2. Designation of approved routes.  All buses should be permitted to travel on approved routes for reaching their destinations. Streets serving residential districts, schools, senior centers or landmarked districts are not appropriate for the size of these vehicles which pose special burdens on pedestrian safety and the structural integrity of ancient infrastructures.
  3. Permits that spell out the bus operator’s responsibilities in managing the pick up /drop off locations:  idling should be banned during loading and unloading; a rope should separate the queues from the pedestrian flow and retain the 8 ft pedestrian right-of-way required of all NYC sidewalk incursions. 
  4. Surety bonds as a permitting requirement, in an amount commensurate to the bus company’s – or their parent company – annual revenue.
  5. Raising the cap on annual fees.  The proposed legislation caps the fee per bus per year at $ 250.  Sidewalk space and curb space are at a premium in the city, the fee should compensate the city for revenue other curb uses would have generated.  For instance annual revenue from three muni-meters (the amount of space a bus would take) is more than $39,000/yr.; for a sidewalk café in the 34th St area that revenue is more then $19,000/yr. 
    As a point of reference, a recent inquiry to the NYC Office Of The Comptroller has confirmed that “Bus companies that operate sightseeing buses pay a fee of $100 per bus for a two year license.  In FY10 the City collected $20,725 of fees for such buses.”
  6. Enforcement.   This legislation does not make clear who will be enforcing locations, pedestrian right-of-ways, routes, EPA issues such as idling, etc.

And none of this precludes the need for a comprehensive plan for garages and layovers throughout the City that will not infringe on residential neighborhoods for charter buses, charter tour buses as well as interstate buses.  Tourism and intermodal transportation are, and will be, an important part of New York City’s fiscal and green strategy for many years to come.  We need to get this right. 

We do have one benchmark to celebrate, however.  As of July 2011 at least 10% of all hop-on hop-off buses should be using headphones instead of public PA systems on their tours as our 2010 Local Law 15 legislation prescribes.

Ellen Peterson Lewis, Chair, Transportation

Barbara Backer, Chair, Pro Tempore

 

TOUCHDOWN !

Mayor Bloomberg, and Councilmembers Gail Brewer and Margaret Chin

A final “We Did It”!  On May 19th Mayor Bloomberg signed 2010/015  into law. It was a cliff-hanger event, carrying over the final decision of signing from May 18th to May 19th. 

Once again, thanks go to all of you who  participated in the petitioning, letter-writing, emailing and telephone calls throughout this whole democratic process of  moving citizens concerns into law. Your lobbying the mayor in the final week before the bill signing was so  helpful.  The quality of life in all of  our neighborhoods will be enhanced because of  your work.

Thanks also to Speaker Quinn, Council Member Brewer, Council Member  Chin, Senator Thomas Duane , Assembly Member Glick and all their staffs for  their on-going support.

And, don’t forget to visit our Press Room !

Just One More Play for a Touchdown ! Contact the Mayor

Bleecker and ThompsonAlthough Mayor Bloomberg has stated in the press that he would sign Council Member Brewer’s Tour Bus bill it is urgent that we let him know that this bill,  Intro 182, is one that we the people of NYC want.   We believe the bill is a fair one for both the tour bus industry  regarding installation time and for  the protection of citizens from unreasonable noise from the tour bus amplification systems.

It will only take a minute of your time  to call, fax, email or write the Mayor.   

Please ask your colleagues,  friends and neighbors to contact him also:

ADDRESS:            Mayor  Michael R. Bloomberg
                                  City Hall
                                  New York, NY  10007

FAX:                       (212) 312-0700

E-MAIL:                 http://www.nyc.gov/html/mail/html/mayor.html

Suggested Written message:
I urge you to sign Intro 182, a bill requiring tour bus companies with open-air double-decker buses to install headphone limited sound reproduction systems in those buses by 2015. I believe the bill is a fair one which allows the bus industry sufficient time for the Installation and implementation of the sound systems, while also providing some relief and protection of citizens from the amount of noise the buses bring to our neighborhoods

PHONE 311 (We tried this, it really works! Simply tell the dispatcher you want to leave a message for the Mayor and the person will write it down and send it to the Mayor’s Office) 

Suggested 311 messagePlease sign Intro 182, A Local Law to amend the administrative code of the city of New York, in relation to sound reproduction devices on sight-seeing buses.

And finally, you are all invited  on MAY 18th to what we hope will be the Mayor’s signing of this and other  legislation.  

Location:  Blue Room in City Hall
Time:   4:30  PM.

 

Let’s fill the room and show how Democracy  works!

April 29th was a very special day.

Supporters Urge NYC Council on to a 44-2 Vote

 The City Council passed Tour Bus Legislation requiring the use of sound reproduction systems on open-air double-decker tour buses by 2015.
The democratic process really was in play here, as citizens and elected officials collaborated to make this happen.  It wasn’t easy, but it worked!

Thanks are due to many people: to all of you who stayed with us over five years in petitioning, writing letters, making  phone calls and spreading the word;  to former Council Member Alan Gerson and his staff for introducing the initial bill in 2008, to current bill sponsor Council Member Gale Brewer and her staff and co-sponsor Council Member Margaret Chin and her staff for their work on the bill and their sponsorship: and last but  certainly not least, to  Speaker Quinn and her  staff in supporting the bill, facilitating negotiations and moving this legislation into law.  We are looking forward to Mayor Bloomberg signing the bill.

The media coverage was nation-wide and terrific! The AP sent out a story the morning of the bill vote and throughout the day newspapers, blogs and radio stations all over the country picked up the news. NYC newspapers were also responsive, among them The Wall Street Journal and The New York Times. Please go to our Press Room for media coverage. Of special interest is that  San Francisco  is having similar problems with tour bus noise. The San Francisco Examiner  asked “NYC silenced tour buses, why not SF?”

Please do continue to “blog in” with us for on-going news on promoting the quality of life in our city. Also, please sign on to our announcement list ( see right hand column) and invite your friends.

April 29th Was a Win…..

44 Council Members voted to pass Council Member Brewers Tour Bus Legislation Bill, co-sponsored by Council Member Margaret Chin.  We could not have done this without the expert guidance of Council Speaker Quinn and her incredible staff.

After we get some sleep we will be thanking all of you more……..It has been a great week.  Thanks

Tour Bus Sound Systems Bill — City Council Vote on April 29th

Speakers to be eliminated on open air tour buses

Here's Good-bye to Open Air Speakers on Tour Buses

Legislation to require open-air double-decker sight-seeing buses to install headphone-limited sound reproduction systems is slated for a vote by the City Council on Thursday, April 29th,  at 1:30 PM  at  City Hall. We need your help to make sure this legislation is passed.

This is a vastly improved bill from the bill discussed at the hearing just days ago: it requires full compliance by the end of 2015 – not 2022 – and, more important, gets the conversion of each fleet of buses to  use headphones ,10 percent by July 2011,  40 percent by July 2012,  60 percent by July 2013,  80 percent  by July 2014, and  by July of 2015, 100 percent.  

We also negotiated for the bus companies to be penalized if they do not adhere to the law. Speaker Quinn and Council Member Brewer, the bill’s sponsor, agreed. The legislation stipulates fines and suspension of licenses for buses not meeting the compliance timetables.  While we strongly support the use of sound reproduction devices on all open air double-decker tour buses, we also strongly support continuing to use live tour guides to give their commentaries by means of these devices. The guides need to be on the buses to answer questions and to give their own unique “take” on NYC’s important points of interest that enriches the experience of the tourists taking the tours. 

Our Streets Our Lives, and the community organizations and associations we have worked with to secure this legislation, believe this legislation makes real progress in tackling the problem of noise which the open air double- decker   tour buses bring to our neighborhoods and the concomitant decrease in the quality of our lives.

We greatly appreciate the support and involvement of Speaker Quinn and her staff in listening to our voices not only at the hearing on April 12 but also in the negotiating sessions in which the legislation was drafted. We thank Council Member Brewer for her sponsorship of the bill and helping to move it forward. They and the council staff worked hard to make this bill one that brings  relief to all residents of NY City.

However, our work is not over until this legislation becomes law. Here’s what you can do:  (Refer to bill as Council Member Brewer’s Tour Bus Legislation)

  • Write, call and/or e-mail your City Council member to vote YES on this bill on April 29th.  A personal letter or visit is an effective tactic.

 

 

 

  • Contact the Mayor’s Office, tell  him you support the bill, and urge  him to sign it into law:  Hon Michael Bloomberg, c/o Patrick Wehle, Director of NYC Legislative Affairs, , 212-788-3678, or copy and paste this e-mail address into your own e-mail: pwehle@cityhall.nyc.gov

 

  • Get the word out.  Talk to your neighbors and local groups and ask them to join you in supporting this legislation.

 

  • COME to the City Council Meeting on April 29th.  We don’t speak at this but our presence will let council members know we want this legislation passed.

We’ve got more to do, of course, including winning legislation to regulate routes. But please help to win this one first. Thank you for all your help so far.

Managing Editor