A group of private interstate bus companies is set to file a federal lawsuit on Monday, arguing that New York City’s idling law unfairly targets them with a deluge of tickets. This law, designed to reduce pollution, has been criticized by the bus operators as unjust.
The American Bus Association asserts that the idling regulation infringes on constitutional rights by penalizing private buses while excluding government vehicles like MTA buses from similar penalties, thus creating an unequal regulatory environment for comparable transportation services.
The lawsuit, details of which were reviewed by The Post, reveals that since 2020, private bus companies have faced over 4,000 summonses for idling, resulting in significant fines and escalating legal expenses.
Filed in Manhattan federal court, the suit argues that this policy places an undue burden on interstate commerce by increasing the financial and operational risks of doing business in New York City. It also conflicts with federal safety regulations that often necessitate idling to operate essential systems, such as air brakes, passenger safety features, climate control, accessibility equipment, and emissions control technologies.
The lawsuit also criticizes the city’s “bounty-style” Citizens Air Complaint program, which incentivizes private individuals by offering them 25% of the revenue from fines collected. Some individuals have reportedly earned nearly $1 million through this initiative, according to available records.
Initiated in 2019, New York City’s Citizen Idling Complaint Program even enlisted the help of 1980s punk icon Billy Idol to promote the initiative the following year.
“Billy never idles. Neither should you. Idling is polluting. Cut your engine off,” the rock star urged in an ad campaign.
With fines ranging from $350 to $2,000 for idling and 95% of the complaints substantiated, the rewards add up and have turned the streets into gold for the Big Apple’s citizen enforcers.
Under the program, citizen enforcers are awarded 25% of the fines pursued by the city Department of Environmental Protection (DEP) and substantiated by the New York City Office of Administrative Trials and Hearings (OATH).
If the tattletales go to OATH directly, they can receive 50% of any substantiated offense.
The ABA argues that this structure fosters a “predatory” enforcement environment driven by profit rather than environmental benefit.
“Private motorcoach operators help keep New York City moving by supporting tourism, conventions, student travel, and interstate transportation,” said Fred Ferguson, president and CEO of the American Bus Association.
“These operators generate significant economic activity while helping reduce congestion by removing dozens of cars from the road with every trip,” he added. “This lawsuit is about ensuring interstate bus operators are treated fairly under the law and that enforcement is applied consistently across all fleets. Modern motorcoaches combine low-emission transportation with advanced technologies designed to improve efficiency, reduce congestion, and support cleaner travel.”
In the city alone, the motorcoach industry claims it generates more than $12.7 billion in economic impact, supports 59,200 jobs, and drives visitor spending annually.
More than 40% of respondents to an ABA survey said they already reduced trips to the city or declined charters due to the current enforcement of the idling, and many warned they may further limit or end service to the city altogether if penalties continue to rise.
The ABA said that the lawsuit — which lists the city of New York and Department of Environmental Protection Commissioner Lisa Garcia as defendants — does not challenge clean air objectives or environmental progress. The DEP enforces the idling law.
Instead, the suit seeks equal enforcement, regulatory consistency, and policies that recognize the role motorcoaches already play in reducing congestion and transportation-related emissions.
It further argues that the city’s transportation policy should encourage group or mass travel transit to reduce traffic congestions, not disproportionately penalize the very operators helping reduce vehicle volume and emissions in New York City.
A city Law Department spokesman, responding to the suit said, “The idling law was designed to protect the health of New Yorkers. We’ll review the case when served.”
The American Bus Association represents bus operators including Academy Express LLC, Academy Lines LLC, Panorama Tours Inc, Peter Pan Bus Lines, Trans-Bridge Lines, Adirondack Trailways of New York, Hampton Jitney, Leprechaun Lines, Niagara Scenic Tours, Coach USA and Greyhouse Lines.
