State dictating speech by bus and limo drivers

Bus and limousine operators picking up passengers at McCarran International Airport can ask "May I help you?" without the fear of being fined $10,000 under a proposal before the Transportation Services Authority.

Five companies that operate from curbs outside McCarran's baggage claim area have been warned that they are in violation of TSA regulations if they solicit passengers.

"I could understand where the TSA was coming from," said Lyle Clark, general manager of CLS of Las Vegas, one of the five companies serving the airport. "There were some individuals shouting and sometimes it looked like a circus sideshow. It was tacky."

When airport and TSA officials cracked down with fines, drivers clammed up. The cost to companies in violation: $1,500 for the first offense, with subsequent incidences resulting in fines of $2,500, $5,000 and $10,000.

Dennis Colling, manager of transportation for the TSA, said the pendulum now has swung too far the other way.

"The public is not being served by having everyone stand around looking dumb and not talking," Colling said in a memorandum to commissioners. "It was obvious that many people are looking for some form of assistance in finding transportation (at the airport). They stop in the middle of everything and look around for some form of assistance. Everyone looks at each other and no one speaks."

"It made us seem rude," said Brent Bell, chief operating officer of Bell Trans. "If we said, 'Good morning,' or 'May I help you?' it was considered a solicitation and we were in violation."

At Tuesday's TSA meeting, commissioners were given a proposal for the "Hello Rule" -- one of 10 proposed amendments to agency regulations that are part of an ongoing effort to update the agency's rules.

Commissioners voted to solicit comments on the proposed amendments and will consider their adoption in November.

McCarran officials said they would review the TSA proposal before commenting, noting they work closely with the commission on ground transportation issues.

Under the proposed airport rule, carriers are limited to four phrases they can use to initiate conversations with prospective customers: "May I help you?" "Good morning," "Good afternoon" and "Good evening." Once a prospective customer asks a question, drivers are allowed to respond and explain their services.

Although airport carriers are relieved that existing rules may be relaxed, Colling is concerned about potential problems.

"There is no guarantee that this process will not be abused by the certificated carriers," Colling's memo said. "The certificated carriers need to be on notice that any undue pressure or attempts to induce members of the public will be acted upon by the enforcement staff with great dispatch."

"It'll be good for customers, tourists, the airport and all the companies," Bell said of the proposed new rule. "Some operators were far too aggressive, basically walking people over to their cars."

"I understand their (TSA's) position on it," said Mike Adams, general manager of Star Transit. "It was like hustling. It was rude.

"All we want is for our people to be able to say, 'May I help you?' What the TSA is planning will do this. It's visitor friendly."

In addition to Bell, CLS and Star Transit, companies that offer airport transit service are Gray Line of Las Vegas and Las Vegas Limousines, which also support the TSA proposal.

Other regulation amendments to be considered by the commission in November include imposing a maximum amount on commissions or referral fees to travel agents arranging transportation; definitions of traditional and livery limousines; rules for free shuttles offered by health care providers; and standards for limousine seating capacity.

Commissioners also will consider reinstating qualification requirements for limousine drivers that were mistakenly edited following legislative reviews; an extension of a deadline to write taxicab standards; regulations on limousine charters; and elimination of a limitation on charters operating over the same route for more than 14 days.

In a separate action, commissioners issued a statement about the impact of a federal law on the state's regulation of the charter bus industry.

Commission Chairman John Mendoza said charter bus operators and regulators sought clarification when President Clinton signed the Transportation Equity Act for the 21st Century. The new law, which funds transportation projects nationwide, also partially deregulates the interstate bus charters industry.

Colling said the federal law says states still oversee safety issues, weight limitations on highways, insurance requirements and the posting of tariffs.

He explained the new law deregulates the industry on geographic restrictions, setting rates and monitoring the financial stability of companies.

That means the marketplace will establish where and for how much interstate bus charters can operate, but state agencies can still prohibit a company from entering the state if it doesn't pass safety inspections or isn't properly insured.

Colling said although the state won't monitor the financial stability of companies, it should be able to keep on top that by reviewing insurance compliance.

Local bus companies have said the deregulation of the industry shouldn't have a major impact on operations, although some may investigate new routes.

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