Switch focus to clarifying the anti-trust and fair competition problems.

Using a digital camera to count the number of people riding a public bus. 

     It is hard to slow down the YouTube video player enough to count the riders. In the camera, viewing the video frame by frame I counted 3 riders, maybe as many as 5. 

     To get better results the camera needs to be on a tripod, set up and focused before the bus arrives. The bus window needs to be backlit. The camera should be at bus window height and about 15 degrees off of perpendicular to show multiple riders sitting in one row of seats.

Video of passing bus shows 3 to 5 passengers on a Sunday afternoon, 2 miles from start of route

I feel this blog needs to research the "anti-trust", "unfair competition" and "common carrier" conflicts triggered by putting carts on the public bus.

Enumeration of the legal problems that need to be addressed if the public bus carries carts, unattended carts, night-time freight, airline passengers with luggage, shopping carts from the grocery store, operates as an un-attended autonomous vehicle. 
  • One argument used is buses offer "unfair competition" to private carriers like airport bus services. (I think I need to figure out the famous problem for non-lawyers, is this a tort?)
  • Another blocking strategy has been a limiting clause in Federal grants and bond issues to purchase buses, the vehicles are limited "to the transport of passengers and their incidental luggage only."
  • If buses carry parcels or merchandise the bus is replacing either a taxi or a parcel delivery service such as United Parcel. 
  • The first legal problem is UPS is a regulated, permitted private carrier and the bus is not equipped with a permit. 
  • The second legal problem is the carrier is  a private firm and the bus is mostly funded with public funds. What are the laws and what is the structure of the reasoning that stops the bus from doing this kind of work?

  • The public bus can't carry shopping carts because California has a "Shopping cart theft law" that really limits how far a shopper can take a shopping cart.

  • Taxi and jitney services can't carry passengers and freight containers and carts between a bus stop and the surrounding community. Taxi services are basically obliged to provide the entire trip for a passenger. There is no way for a taxi to pick up 6 riders at a bus stop, be paid by the bus system, and ferry the people to their destinations for a flat rate.

No comments: