Here is what my first contact with Washignton State Ferries (WSF) was: The Trike/Sidecar 20-Ride pass card went up by $20 for peak season. This amounts to an increase of $40 per month for my daily commute. The notice sent out to announce the peak season surcharge said: "the peak season surcharge does not affect passenger fares or frequent user multi-ride fares except on the Anacortes/San Juan routes" There are not that many Trikes and Sidecars using the ferry, and those who do buy the 20 ride M/C and Trike/Sidecar passes are not tourists! --------------------------------------------- Of course I got no response whatsoever to the first contact. ___________________________________________________________ I then sent in a refund form via U.S. mail requesting the extra $20 peak season fee be refunded to me (I defined it as an overcharge). I got a refusal letter back. My response to the refusal is included in the text below (after the body of the email I sent to media, Legislature, Governor & WSF Administrators) This is what I sent to the ADA, Governor, my 3 Legislators, about 50 media email addresses, and the WSF admin (several of them including the ones who have ignored me so far) Subject: Washington Ferries Discriminate Against Disabled Motorcyclists. -------------------------------------------------------- -----Original Message----- Sent: Wednesday, May 21, 2008 1:17 PM To: Kilmer, Sen. Derek Cc: Lantz, Rep. Patricia; Seaquist, Rep. Larry Subject: Washington Ferries Discriminate Against Disabled Motorcyclists. HOUSE INTERNET E-MAIL DELIVERY SERVICE SENATE INTERNET E-MAIL DELIVERY SERVICE TO: Senator Derek Kilmer CC: Representative Patricia Lantz Representative Larry Seaquist FROM: Mr. Mark Kanzler SUBJECT: Washington Ferries Discriminate Against Disabled Motorcyclists. I myself am not disabled, but the point is not moot, and even able bodied motorcyclists are ultimately being discriminated against. A three wheeled motorcycle (trike or sidecar rig) is the only vehicle which is charged the extra peak season surcharge during summer months. Anyone who buys the 20 ride passes for automobile, two wheeled motorcycles, or pedestrian passage is charged the same price year round. Three wheeled vehicles, however, are charged not only a surcharge for having one more wheel than a motorcycle, but they also pay an additional $1.00 per trip surcharge for peak season. This equates to approximately $40 per month for the average trike or sidecar commuter. Any motorcyclist who rides on three wheels due to physical limitations is therefore discriminated against when compaired to other ferry riders. When I contacted the Washington State Ferries (several times) I only received a response after filing a refund form. I was informed that three wheeled motorcycles are considered oversize vehicles, and that the oversize surcharges are affected by peak season surcharges. I was also told that "Multi use products are not affected by peak season surcharges". The pass I buy for my three wheeled vehicle is a single 20-ride "M/C & Trike/Sidecar" pass, with a single price on it. The two wheel motorcycle portion of the pass is inseparable; on days which I ride a two wheel motorcycle I have to carry a completely separate pass. The receipts from my pass purchases also list only one item, and one price - ergo, the trike/sidecar pass is a single product. It is my opinion that this is all because three wheeled vehicles are a small numbers of users, and are therefor an easy target. We lack the numbers to really cause an impact when we complain, so our complaints are ignored. I my self am an able bodied rider, but those who are not, are treated as oversized vehicles and forced to pay tourist rates for their daily commute. That is discriminatory. Regards, Mark Kanzler Below is my response to WSF regarding the rejection of my request for a refund (which should never have been made necessary) --------------------------------------------- I received a negative response to my request for a refund of my overpayment for ferry fees. It is grossly unfair that the other riders on the ferry with whom I ride (motorcyclists, automobiles and foot passengers) do not pay more for their daily commute each day during peak season, and yet I and the other three wheeled vehicles pay a peak season fee simply because our vehicles are different. It now costs me an extra $40 per month ($1 extra per ride in addition to $1.30 extra for having a 3rd wheel on my motorcycle). My request was based upon the statement that frequent users should not be affected by peak season surcharges, as sent in the announcement of the peak season fee initiation this year. Your refusal was based upon the position that a motorized trike/sidecar surcharge equates to an oversize vehicle fee. You stated in your response "Our Multi Ride products do not increase with peak season". When I buy my 20 ride motorcycle & surcharge pass, IT IS A SINGLE PRODUCT! If I ride a two wheeled motorcycle, there is no way for the person on the dock with a scanner to deduct one motorcycle ride w/o deducting the "surcharge". There is only a single price listed on the card (I believe this holds true for the receipt; you have my receipt which I sent in with the refund request). Prices are not itemized and listed sperately for the motorcycle and the surcharge. There is also no provision for me to buy 20 surcharges at a time so that I can use a motorcycle pass with my sidecar (surcharges are single use passes and expire after 7 days). I tried, and was ignored. I also cannot buy my passed online, nor can I buy a renewable pass. My commute was already a very inconvenient as far as ferry service is concerned. I only buy the combination pass because I have no other viable options. If I want to occasionally ride a two wheeled motorcycle I have to buy another pass seperate from the three wheel pass I currently buy. To call a three wheeled vehicle such as a motorized trike or a sidecar rig an oversized vehicle is ludicrous. It is not over height, nor is it over length. The third wheel of either one cannot be simply removed (a motorcycle designed for a sidecar is not designed to be driven without it - at highway speeds it would become unstable due to different steering geometry). A trike or sidecar rig uses 1/4 to 1/3 the space of an automobile (at most) and to call it "oversize" is ridiculous. This is also a form of discrimination against disabled motorcyclists who are unable to ride two wheeled vehicles and must use a three wheeled motorcycle due to physical limitations. I am requsting that you reconsider my refund request, and also eliminate the peak season surcharge from the three wheeled 20 ride pass. The pass is in reality a single product, and trikes and sidecars are by no means oversized vehicles; nor can they be simply modified to change them into smaller vehicles as could a car with a roof rack or a vehicle towing a trailer. Regards, Mark Kanzler NOTE: We are 99% sure that this constituent is in your district RESPONSE REQUESTED: Mr. Kanzler has requested a response to this message. ______________________________________________________ --- On Thu, 5/29/08, Seaquist, Rep. Larry wrote: Mark, First please accept my apology for being so slow to respond; I'd somehow missed your message in my e-mail. See the following e-mail; I'm forwarding your note to the new head of the ferry system and asking him to check this out. They will keep us in the loop; don't hesitate to let me know if you are not getting a clear response -- you raise a good point, let's see if we can get this fixed. Larry Rep. Larry Seaquist 26th Legislative District 253.858-1013 District Office seaquist.larry@leg.wa.gov ___________________________________________________________ Thank You! It's nice to get a response. I hadn't quite given up yet... I understand how sometimes in large organizations things can take a bit longer to happen. I appreciate that you took the time to read and consider my point of view. Thanks again, Mark kanzler _____________________________________________________________ -----Original Message----- From: Seaquist, Rep. Larry [mailto:Seaquist.Larry@leg.wa.gov] Sent: Thursday, May 29, 2008 9:25 PM To: Moseley, David Cc: Johnson, Hannah; m_kanzler Subject: FW: Washington Ferries Discriminate Against Disabled Motorcyclists. David, You've asked that rider concerns be forwarded directly to you. This constituent-rider raises a good point about the fairness of fares for 3-wheeled motorcycles. I'd be grateful if you could ask that this concern be explored by your staff. This must have a history; I'm hopeful we can find a way to assure that everyone feels the fares are as fair as possible. Thank you, Larry Rep. Larry Seaquist 26th Legislative District 253.858-1013 District Office seaquist.larry@leg.wa.gov _____________________________________________________ Thanks for passing along Rep. Seaquist. I will look into this. David David H. Moseley WSDOT, Assistant Secretary Ferries Division 2901 3rd Avenue Seattle, WA 98121 206-515-3401 moseled@wsdot.wa.gov ____________________________________________________ On Tue, 6/3/08, Moseley, David wrote: From: Moseley, David Subject: Three-wheeled motorcycle surcharge To: m_kanzler Cc: "HQ Customer Service" HQCustomerService@WSDOT.WA.GOV>, seaquist.larry@leg.wa.gov, kilmer.derek@leg.wa.gov Date: Tuesday, June 3, 2008, 1:18 PM Dear Mr. Kanzler, Thank you very much for your email. I understand your frustration with our fare system, which can be complex. Your request for a refund was not denied because your three-wheeled motorcycle is considered an “oversized vehicle” as you stated in your letter. Your request for a refund was denied because your vehicle is licensed as a motorcycle. The Washington Administrative Code (WAC 468-300-020) with regard to vehicles licensed as motorcycles with three or more wheels states: “Motorcycles with trailers, sidecars, or any vehicle licensed as a motorcycle with three or more wheels will pay an oversize motorcycle charge of 100% of the vehicle portion of the motorcycle full fare." During peak season, this oversize motorcycle trailer/sidecar surcharge is $2.30. This WAC is available on the Washington State Legislature Web site at: http://apps.leg.wa.gov/WAC/default.aspx?cite=468-300-020. So, on May 5 you purchased a motorcycle/driver 20 ride card with the surcharges included at a total cost of $107.60. This includes $61.60 for the base discounted motorcycle 20 ride card with $46.00 for the additional surcharge (20 rides at $2.30 each). Fares are set by the Washington State Transportation Commission (WSTC). Fares are frozen until 2009 while work relating to 2007 Ferry Financing Legislation is completed. As a part of this legislation, we are working closely with the WSTC, the Joint Transportation Committee and the state Legislature to study how the ferry system operates. The results of the studies are intended to derive strategies for how WSF operates in the future and will identify long-term funding sources for the ferry system. The WSTC will address our fare policy again in late 2009 after the revised-long range plan is complete. I will make sure your suggestions are heard by the appropriate department when our fares are addressed by the WSTC. Thank you for taking the time to write. Sincerely, David H. Moseley WSDOT, Assistant Secretary Ferries Division 2901 3rd Avenue Seattle, WA 98121 206-515-3401 moseled@wsdot.wa.gov Cc. Sen. Derek Kilmer 26th Legislative District 226 John A. Cherberg Building PO Box 40426 Olympia, WA 98504-0426 kilmer.derek@leg.wa.gov Rep. Larry Seaquist 26th Legislative District PO Box 40600 317 John L. O'Brien Bldg. Olympia, WA 98504-0600 seaquist.larry@leg.wa.gov __________________________________________________ -----Original Message----- From: Mark Kanzler [mailto:m_kanzler] Sent: Tuesday, June 03, 2008 1:38 PM To: Moseley, David Cc: HQ Customer Service; seaquist.larry@leg.wa.gov; kilmer.derek@leg.wa.gov Subject: Re: Three-wheeled motorcycle surcharge Your answer contradicts the statement in the same WAC under the heading PEAK SEASON SURCHARGE PEAK SEASON SURCHARGE - A 25% surcharge shall be applied to vehicles from the first Sunday in May to the second Sunday in October except those using multiride media. I am using multiride media, but you are still charging me the peak season surcharge. I never disputed the trike/sidecar surcharge itself. There is no requirement that you apply peak season surcharges to the trike/sidecar surcharge. Unless you you decide to read it in some way that makes it a requirement. __________________________________________________ --- On Wed, 6/4/08, Moseley, David wrote: From: Moseley, David Subject: RE: Three-wheeled motorcycle surcharge To: m_kanzler Cc: "HQ Customer Service" , seaquist.larry@leg.wa.gov, kilmer.derek@leg.wa.gov, "Goldenberg, Joy" , "Devine, Shawn " , "Griffith, Reema " Date: Wednesday, June 4, 2008, 2:52 PM Mr. Kanzler, Thanks very much for your follow up emails. Let me look into this a little further and get back to you. There are two points though that I want to make sure you are clear on. First, by legislative action the fares have been frozen until Oct. 2009. Second, fares are the responsibility of the Transportation Commission. I am copying Reema Griffith, Executive Director of the Transportation Commission on this email. She may want to provide you with additionalinformation. Thanks again for contacting me. David H. Moseley WSDOT, Assistant Secretary Ferries Division 2901 3rd Avenue Seattle, WA 98121 206-515-3401 moseled@wsdot.wa.gov _______________________________________________________ I understand that the fares are frozen, and are legislated. My contention is that the fares are not being applied correctly according to the spirit of the legislation, and the wording of the legislation does not require that the fares be applied with a peak season surcharge added onto the 3-wheel motorcycle surcharge. As it stands right now, I can no longer afford to ride my sidecar rig to work and I am looking for an inexpensive two wheeler to ride until this fare issue gets resolved in the way which it should. __________________________________________________________________ Mark, David's final point -- about the Transportation Commission -- is a good suggestion. Very best wishes, Larry Rep. Larry Seaquist 26th Legislative District 253.858-1013 District Office seaquist.larry@leg.wa.gov ________________________________________________________________ Thanks, I'll contact the Comission (I did CC them, but can try separate contact too) I'm not going to let this go easily... like a Chihuahua on a porkchop! I just want to see three wheelers treated the same as everyone else, which means a stable fare that is proportional to the space they take up on the deck of the ferry.