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Joseph.R. Crassie
Cit ` Manager`
chi
obert : Warshaw
Administrative Assistant'
Office of the Chief of Police
OMF.
E„.,•. Private School Buses
September 25, 1979
REFERENCES.
ENCLOSURES:
KILE
Pursuant to'.your HinqUiry of September 11,..1.97.9:;,::::-thSri
,following
synopsizes the issue •of private school: bus service within the
City of Miami
This: matter 1ast received attention "in 'early .1976 when .the City ?.
Commission proposed an.. ordinance , to amend .,the-provis''ions: of
Chapter ;56 of the ,City Code which."vaguely addressed :the issue of..
private :school buses..'.
Prior to .that period,'the•:Miami Police,; Department gave• minimal
attention to;this,,s,ubject•
:'due,.part•ly''to Dade County Code 30-371
•
which in` effect' pre-empted„ local.'municipalities from` exercising
regulatory power -in the private school bus.,.industry and our
belief at, -,ththis �funct ion:,',;would be ` performed by,. the` State Public
Serv;`:ice'Commassion, effective July 1,:`1969.
•
The City'
1976 proposed ordinance would have:
• Required a,Special Limited Certificate of Public
convenience and Necessity of -all owners and operators::
of private, school buses.
• Mandate d$75 fee, payable
of Finance.,
the'
Department
• Required the .exterior bodies of _.said, ;.vehicles ;,,to ;be.
painted "Miami Green" with the words'"School•Bus":
displayed on the .near exterior in letters at ..least
six inches inheight.
.Limited 'the number ::ofcertificates to one for`_: each
eight-hun"dred•inhabitants of the'City
Validated' .each certificate for a one'year' period;.
Each fi
vehicle to have: to its •wind'shield ever
three months a.distinctive symbol indicating
compliance with safe• operating conditions.
Orra
79-43P
Joseph-Grassie
City 'Manager
September 25,
Page 2
Private .'School ,.Buses
,.:
•
This ordinance -was passed `on first,.reading on Apr if`22, 1976. At
the ; im"e:;of its, drafting, ,it was .t•he f•e•eling of. the• :Department's
Legal'.Advisor that'the City would incur resistance from Dade :County
•
whose overriding -authority in .th•is •issue was clearl•y defined'in,
•Sec.'30-371 o.f the County. Code.
During thus period, the matter was ;`further complicated by a h'os
of State Statutes-- which alternat-ely 'authorized 'or prohibited
municipal•ities from regulating private 'schdol'buses.
Judge Dubitsky's recent,rul"ing prohibtDade County from
preempting the City'sauthorit.y,to;regu;late;taxi'c,abs is based
on State :Statute 323.052 which,:pro,tectsthe�interest.s.,and rights
of'ipalities which in fact,. were;, regulating taxis and
other for -hire vehicles prior :to July:olf"1974 when the State
Statutes'took: effect..:
Under the assumption ;that, private school buses Tare umbrellaed by
this. ruling, it would; at. this time-: appear that the: City would
have to. :Prove a pattern of regulatory ''activities " prior to, July '
According to our records, only one Certificate' o
and Necessity had been "issued priorto that date.':
1
Convenience
79-638
•
'A Step to the +Rear oR . School Bus
!• YY� 266 1976` %3-
1 +.A IN -this : country's automobile-domi. nopoly with •its corresponding poor ser-.
nated society, it is difficult at best for vice and high prices. - •
' . paren get their children to and The proposed ordinance, scheduled
. from school.' proposed City of Miami • for public hearing on. Thursday, rides
ordin ould make it even more dif- 'on a patently phony premise: that "hun-
ficult, and expensive, by binding in bu- dreds of private. vehicles- traveling the
reaucratic red tape one of the few• rel.' 'public streets of Miarni carrying school
maining competitive segments of the... children to °andfrom school create a a
: local transportation industry_:.. _...1. hazard unless the number arid condition'
; The proposal is to• limit the number . bf said vehicles are regulated." • ,. ;•
of privately owned vans and busesj: :. How so, we'd like to know. -• '
Prwhichbuzz around town like busy bees....;,.::The city proposes to limit th'enumber
transporting children between -home ..".of operating permits and to., require all
• and school and other places. They, serve . the -buses be .painted the same color and.
:• a very beneficial purpose, filling a'huge • carry a decal that•would have to be re-
t void in . the Public transportation sys= newed every three months. The regula
tem. Up to now the field has been open;`•_'tion 'of the officially designated "pri-
which means service. is up and prices.• `
vate school buses".,would extend not '
down..• •'' :; i only to.trips between home and school
• As often happens with good' things but would cover those "connected with
• which benefit only the unorganized the regular operation of any clubs, as- •
public, t overnment is moving ..in . to socihtions, institutions and corpora-
: "regulate" the service. This could be , tions.". •
the first step to a transportation'mo& .If Miami commissioners are, sincere 1
. • : in wanting convenient transportation
"" for, school children, they should encour
.age Metro and the school board to
merge their two overlapping bus sys-
tems, a proposal met with horror by the
two jealous jurisdictions.
•City officials apparently are unaware
of the national trend to deregulate the •
transportation industry so that the ov-
erburdened consumers can get im-
proved service at lower cost. Passage of
the ordinance would be a harmful step
backward. •
79.638
Stn cats ✓ ransport Union
Rafael M. Lops'`., Vice -Secretary
Student Transport Union
411 29 Ct. Apt. 6-B .
Kiari, Fla. 33135
PHONE:
43.0,0.80X4.53+13;"SHENANDOAH'BRANCW ;V• MiAMt:flArr834X5
January
.01r. P. W. Andrews, City }'la.nager
0ity of Tr:iarr.i
P.O. Box 330708
Miami, Fla. 33133
The Honorable City 'Manager:
In accordance with the Student Transport
Union I am taking this opnortunit - to in-
1 r'u ' ;\r012. o f
year. 1976.
President honorary:
President:
Vice -President:
Secretary:
Vice -Secretary:
Treasure:
Vice -Treasure:
:secretary Or anizati on:
Vice -Secretary
Or-anization:
the officers elected
for the
Valentin
^nuc l .."art ines
Cecilio Pere
Fernando A. ;lochs;.
Lopez
:..aria del C. Larin
^noel Firas
?oberto Gonzalez:,
r;eida ..artinez
Pablo :;uinones
i_ ilio Perez -
.3 sane Hernandez
Francisco ?ere:
F Dnia Valdes
Dons Guerra
del <ioat:1
Sincerely Yours
J.IJD__,l'
•af''e! •. LoU�7
4
/Vice--'ecretar:
79-638 '