Medical Transportation Management Corporation - Page 17

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          the “regular route” requirement.5  Under section 6421(b),                   
          transportation must be scheduled “along regular routes” unless              
          the seating capacity of the bus is at least 20 adults.                      
          Petitioners concede that all of the vehicles at issue seated                
          under 20 adults.  Therefore, the issue is whether petitioners               
          provided transportation scheduled along regular routes.  The                
          Senate report issued in conjunction with the Energy Tax Act of              
          1978 states that in order for service to qualify as scheduled and           
          on regular routes under the statute, the service must provide               
          “scheduled transportation along regular routes (such as is                  
          provided by local transit systems or an intercity bus operation             
          providing regularly scheduled service along regular routes)”.  S.           
          Rept. 95-529, supra at 55, 1978-3 C.B. (Vol. 2) at 247.                     
          Petitioners fail to satisfy this requirement.                               
               Unlike typical local transit systems, there were no                    
          published timetables available to the general public that the               
          sedans and vans were required to follow.  The schedules were                
          prepared the night before the travel day.  Although petitioners’            
          services were provided on a daily basis, they did not follow a              
          regular schedule, nor were the routes they traveled “regular”.  A           
          stop that was listed on a previous day’s manifest might or might            
          not have appeared on a subsequent manifest.  The existence of               


               5Respondent no longer contests the “available to the general           
          public” requirement.                                                        





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