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FMCSA *really* shuts down Double Happiness Travel

Posted by Gold_12TH on Thu Jan 26 21:32:32 2012

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Federal Court Orders Chinatown-Based Bus Company To Suspend Operations

Federal officials say a bus company that has a hub in Chinatown ignoring government orders to stop operations.

The Department of Transportation ordered Double Happiness Travel to stop all operations last month, saying its vehicles were imminent safety hazards.

They claim the company racked up multiple violations including maintenance and drug and alcohol testing infractions

However, officials say the company continued running buses between Chinatown and Albany, Baltimore and Delaware.

A federal court has now issued a temporary restraining order prohibiting Double Happiness from any operations.

NY1 reached out to Double Happiness Travel, only to be told the company no longer exists.
--- http://manhattan.ny1.com/content/top_stories/154918/federal-court-orders-chinatown-based-bus-company-to-suspend-operations


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(254858)

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Re: FMCSA *really* shuts down Double Happiness Travel

Posted by JAzumah on Fri Jan 27 01:12:30 2012, in response to FMCSA *really* shuts down Double Happiness Travel, posted by Gold_12TH on Thu Jan 26 21:32:32 2012.

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LOL. The same folks seem to be running Xinnix...oops. Since Xinnix isn't a bus company...good luck with that.

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(254870)

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Re: FMCSA *really* shuts down Double Happiness Travel

Posted by BusMgr on Fri Jan 27 11:36:27 2012, in response to FMCSA *really* shuts down Double Happiness Travel, posted by Gold_12TH on Thu Jan 26 21:32:32 2012.

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Actually, the temporary restraining order does not prohibit "any" operations.

The January 4, 2012 Cease and Desist Order states, in relevant part, "In order to compel compliance with 49 U.S.C. § 13901, FMCSA is ordering DOUBLE HAPPYNESS to cease and desist from providing tickets for sale of its transportation service under its name and/or the names of other motor carriers or through other motor carrier operations. Any such sales would result in a violation of 49 U.S.C. § 13901, and hence any such sales must cease immediately."

But, the Court's Temporary Restraining Order states, in relevant part, "Defendants are enjoined from contracting or arranging with other motor carriers for transportation of passengers in andlor affecting interstate commerce unless the motor carrieres) possesses valid and active operating authority registration from FMCSA."

Notice the difference. The FMCSA first said that Double Happyness cannot sell any tickets for any other carrier. But the court says that Double Happyness can sell tickets on other carriers provided that the other carriers are themselves licensed. Thus, the Court leaves open the possibility that Double Happyness will charter (or in the words of the court, contract and arrange) other companies to protect Double Happyness schedules and maintain market share during this controversy. Thus, Double Happyness can continue operations so long as it abides by the conditions imposed by the court.

This seems to be a big step backwards for FMCSA, as they alleged that sales, by Double Happyness, of tickets on other carriers would violate federal law (49 U.S.C. § 13901), but in fact the court did not see it that way.

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(254885)

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Times Union Article Re: FMCSA *really* shuts down Double Happiness Travel

Posted by Henry R32 #3730 on Fri Jan 27 18:46:23 2012, in response to FMCSA *really* shuts down Double Happiness Travel, posted by Gold_12TH on Thu Jan 26 21:32:32 2012.

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With pictures.

As a frequent Double Happiness patron (and I pass their bus stop on the way home every day), I can say the pictured bus is probably not one of theirs, as I have never seen it before.
Lately I have seen a lot of unfamiliar buses there (if I leave work early enough to see the 5:30 pass my bus stop, or late enough to see the 6:30 picking up passengers). So regardless of whether they are complying or not, at least these aren't the same buses that got them shut down :).
I'm still favoring Megabus/Amtrak until this is straightened out, though.

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(254913)

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Re: Times Union Article Re: FMCSA *really* shuts down Double Happiness Travel

Posted by BusMgr on Sat Jan 28 08:20:17 2012, in response to Times Union Article Re: FMCSA *really* shuts down Double Happiness Travel, posted by Henry R32 #3730 on Fri Jan 27 18:46:23 2012.

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The report refers to bus companies "changing names," and the FMCSA's declaration that a mere change of name does not remedy the situation. I think it is pretty clear that if a corporation files paperwork with the state, changing its identity from "A Corp." to "B Corp.," then all the obligations remain intact.

According to the Pennsylvania Department of State, "Double Happyness Travel Inc." has not changed its name. According to the Maryland Department of Assessments & Taxation, Harmonious Grand Tour Co, Ltd. is a distinct Maryland corporation. According to the FMCSA, Harmonious Grand Tour Co, Ltd is licensed bus company permitted to operate.

What is probably going on here is not Double Happyness changing its name, but rather different companies—licensed bus companies companies—operating under contract to Double Happyness so that Double Happyness can at least maintain its market share. And according to the court order, Double Happyness is permitted to do that. And the FMCSA may be frustrated that it might not be able to prevent Double Happyness from appearing to be the "winner."



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(254920)

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Re: Times Union Article Re: FMCSA *really* shuts down Double Happiness Travel

Posted by 167t on Sat Jan 28 12:01:28 2012, in response to Times Union Article Re: FMCSA *really* shuts down Double Happiness Travel, posted by Henry R32 #3730 on Fri Jan 27 18:46:23 2012.

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You actually admit to riding them?!?!? That's like being a member of the Fung Wah Fan Club!

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(254933)

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Re: Times Union Article Re: FMCSA *really* shuts down Double Happiness Travel

Posted by AMoreira81 on Sat Jan 28 19:15:15 2012, in response to Times Union Article Re: FMCSA *really* shuts down Double Happiness Travel, posted by Henry R32 #3730 on Fri Jan 27 18:46:23 2012.

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But could that be New Century filling in their runs? To me, if a company is shut down, regulators should go to their lots and physically impound the buses. If they are owned by the company, they would be auctioned off after 30 days pursuant to a court order (if the issue has to do with repairs being made to the buses, the buses would have to be taken to the shop under the direction of a police officer or state inspector). If they are leased, the buses would be forfeited to the lessor.

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(254940)

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Re: Times Union Article Re: FMCSA *really* shuts down Double Happiness Travel

Posted by NIMBYkiller on Sun Jan 29 00:54:27 2012, in response to Re: Times Union Article Re: FMCSA *really* shuts down Double Happiness Travel, posted by BusMgr on Sat Jan 28 08:20:17 2012.

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Well a lot of the Double Happyness buses have been switched over to New Everyday so the same crappy buses with the same crappy drivers are out on the road. But yes, they are also contracting service out to other carriers such as Harmonious Grand Tour

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(254941)

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Re: Times Union Article Re: FMCSA *really* shuts down Double Happiness Travel

Posted by NIMBYkiller on Sun Jan 29 00:56:14 2012, in response to Re: Times Union Article Re: FMCSA *really* shuts down Double Happiness Travel, posted by 167t on Sat Jan 28 12:01:28 2012.

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I used to ride them all the time too when I was at University of Delaware

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(254942)

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Vincent Transit (Re: FMCSA *really* shuts down Double Happiness Travel)

Posted by NIMBYkiller on Sun Jan 29 01:06:14 2012, in response to FMCSA *really* shuts down Double Happiness Travel, posted by Gold_12TH on Thu Jan 26 21:32:32 2012.

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Launching Feb 3rd, Vincent Transit is going to run buses from New York to Wilmington, Baltimore, and BWI Airport. Service to Woodbury Commons, Stewart Airport, Albany, and SUNY Albany will be launching later on. Visit us online at www.vincenttransit.com

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(254943)

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Re: Times Union Article Re: FMCSA *really* shuts down Double Happiness Travel

Posted by Gold_12TH on Sun Jan 29 01:36:16 2012, in response to Re: Times Union Article Re: FMCSA *really* shuts down Double Happiness Travel, posted by 167t on Sat Jan 28 12:01:28 2012.

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I ride them also, traveling between Albany - NYC. So, Im still alive.

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(254952)

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Re: Times Union Article Re: FMCSA *really* shuts down Double Happiness Travel

Posted by Henry R32 #3730 on Sun Jan 29 20:16:01 2012, in response to Re: Times Union Article Re: FMCSA *really* shuts down Double Happiness Travel, posted by 167t on Sat Jan 28 12:01:28 2012.

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Yup... they're the only bus that can beat Amtrak time-wise from Albany to NY. Wins on time, wins on price, the staff are friendlier than Greyhound (I almost never take Greyhound since I seem to encounter rude staff about half of my trips on them). The only problem was the customer amenities like reclining and window shades weren't always in the best of shape. But a window shade you need to tape down is still better than the no window shade of Megabus.

I wonder if the "falsified driving records" were actually the truth, and regulators assumed it was impossible to make that time. The schedule has them taking 3:15 from end to end, a 15 minute break, and then 3:15 to go back. However, lets just say they usually got there... significantly faster than 3:15. Their breaks were *quite cozy*. If the bus actually took the allotted time it was because they stopped for fuel in Jersey for 20 minutes... and I think that counts as a break, since it is full serve.

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(254954)

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Re: Times Union Article Re: FMCSA *really* shuts down Double Happiness Travel

Posted by metrolinecoach111 on Sun Jan 29 22:13:36 2012, in response to Re: Times Union Article Re: FMCSA *really* shuts down Double Happiness Travel, posted by Henry R32 #3730 on Sun Jan 29 20:16:01 2012.

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It's not just running time in terms of "falsifying driving records." It actually goes way, way, way beyond that.

How about trying two round trips NY-ALB, ALB-NY, NY-ALB, ALB-NY and logging only one round trip. Or after arriving from the first round trip and switching log books to stay "legal." Here's another, driving one round trip after only receiving 6 hours rest after working more than 15 hours driving and not driving for the company consecutively within a 24 hour period and not logging in properly.

The point here is that what they (and a lot of the "rogue" discount carriers do) is just not practical and not safe. The worst part is that the poor driver has to do it otherwise they lose their job.

We define violations in various ways and characterize how a company and it's employees are based on that. The rules are "stretched" by a lot of people, but what they do is just wrong.

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(254957)

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Re: Times Union Article Re: FMCSA *really* shuts down Double Happiness Travel

Posted by Dekatyou on Mon Jan 30 00:51:24 2012, in response to Re: Times Union Article Re: FMCSA *really* shuts down Double Happiness Travel, posted by NIMBYkiller on Sun Jan 29 00:54:27 2012.

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New Everyday Bus is a different company.
Double Happyness and New Everyday were under AABus.com name.
(And another one operator, Rockledge Bus Tour is also under AAbus.com)

operated by Double Happyness itself
AA Bus 1688, Van Hool C2045
New Everyday Bus (as of today, New Everyday Bus does not use AAbus.com and runs to Norfolk,VA daily.)
AA Bus 1888, Van Hool T2145 (Operated by New Everyday Bus Tour)
Rockledge Bus (The same as New Everyday)
AA Bus PA801, Van Hool C2045 (Operated by Rockledge Bus Tour)



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(254958)

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My observation Updated Re: Times Union Article Re: FMCSA *really* shuts down Double Happiness Travel

Posted by Dekatyou on Mon Jan 30 01:43:38 2012, in response to Re: Times Union Article Re: FMCSA *really* shuts down Double Happiness Travel, posted by Dekatyou on Mon Jan 30 00:51:24 2012.

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According to GoToBus web (Chinatown buses information and ticket), new operator,named Xinnix, takes over NYC Chinatown-Midtown Macy's-Albany route. Also, different company, named King World, operates NYC-Albany route (via Koreatown (32nd St/B'way)

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