- 17 - 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.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011