FEDERAL TRANSIT ADMINISTRATION CHARTER BUS NEGOTIATED RULEMAKING ADVISORY COMMITTEE

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FEDERAL TRANSIT ADMINISTRATION CHARTER BUS
NEGOTIATED RULEMAKING ADVISORY COMMITTEE

• UPDATE PRESENTED BY
• DAVID SPACEK
• ILLINOIS DOT
• MTAP WINTER CONFERENCE-2006
• SAN FRANCISCO, CA

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CONGRESSIONAL ISSUES

• ARE THERE POTENTIAL LIMITED CONDITIONS UNDER
  WHICH PUBLIC TRANSIT AGENCIES CAN PROVIDE
  COMMUNITY-BASED CHARTER SERVICE DIRECTLY TO LOCAL
  GOVERNMENTS AND PRIVATE NON-PROFIT AGENCIES THAT
  WOULD NOT OTHERWISE BE SERVED IN A COST EFFICTIVE
  MANNER BY PRIVATE OPERATORS?
• HOW CAN THE ADMINISTRATION AND ENFORCEMENT OF
  CHARTER BUS PROVISIONS BE BETTER COMMUNICATED TO
  THE PUBLIC, INCLUDING THE USE OF INTERNET
  TECHNOLOGY?
• HOW CAN THE ENFORCEMENT OF VIOLATION OF THE
  CHARTER BUS REGULATIONS BE IMPROVED?
• HOW CAN THE CHARTER COMPLAINT AND ADMINISTRATIVE
  APPEALS PROCESS BE IMPROVED?

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GENERAL OBSERVATIONS

• THERE IS NO TRUST BETWEEN THE PUBLIC AND PRIVATE
  SECTOR
• THERE IS NO TRUST BETWEEN THE PRIVATE AND PUBLIC
  SECTOR AND THE FTA
• FTA ADMINISTRATIVE STAFF WERE VERY CONDENSENDING
  AND UNIFORMED AT TIMES.
• WE HAVE DEALT WITH THE LOW HANGING FRUIT BUT
  CANNOT SEEM TO AGREE ON HOW TO ATTACK THE BIG
  ISSUE-REDEFINITION OF CHARTER BUS

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GENERAL OBSERVATIONS

• FTA STAFF HAS NO REAL CONCEPT OF HOW RURAL WORKS
  AND WHAT TO DO ABOUT INDIAN TRIBES
• PUBLICS ARE DOING CHARTER AND PRIVATES ARE
  DOING PUBLIC TRANSPORTATION
• SPECIAL EVENTS A BIG STUMBLING BLOCK
• FORMAT SHIFTED FROM DISCUSSION OF THE 8 ISSUES TO
  REGULATORY TEXT
• WHAT SHOULD THE PUBLICS DO WITH THE CHANGE IN
  CONGRESS FROM REPUBLICAN TO DEMOCRATIC CONTROL.

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DEFINITION OF PUBLIC TRANSPORTATION

• THE TERM PUBLIC TRANSPORTATION MEANS
  TRANSPORTATION BY A CONVEYANCE THAT PROVIDES
  REGULAR AND CONTINUING GENERAL OR SPECIAL
  TRANSPORTATION TO THE PUBLIC, BUT DOES NOT
  INCLUDE SCHOOL BUS, CHARTER, INTERCITY BUS
  TRANSPORTATION OR INTERCITY RAIL TRANSPORTATION
  PROVIDED BY THE ENTITY DESCRIBED IN CHAPTER 243
  (AMTRAK)
• PRIVATE SECTOR ISSUE HOW TO DEFINE REGULAR AND
  CONTINUING-SPECIAL EVENTS SUCH AS GOLF TORNAMENT
  OR FLOWER SHOW

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DEFINITION OF CHARTER SERVICE

• TRANSPORTATION USING BUSES OR VANS, OR
  FACILITIES FUNDED UNDER THE ACTS OF A GROUP OF
  PERSONS WHO PURSUANT TO A COMMON PURPOSE, UNDER A
  SINGLE CONTRACT, AT A FIXED CHARGE FOR THE
  VEHICLE OR SERVICE, HAS AQUIRED THE EXCLUSIVE USE
  OF THE VEHICLE TO TRAVEL TOGETHER UNDER AN
  INTINERARY EITHER SPECIFIED IN ADVANCE OR
  MODIFIED AFTER HAVING LEFT THE PLACE OF ORIGIN
• PRIVATE ISSUE-TO NARROW A DEFINITION
• PUBLIC ISSUE- HOW TO HANDLE GOVERNMENTAL
  OFFICIALS THAT WANT TO USE A BUS FOR VARIOUS
  FUCTIONS OR MOVEMENT OF PUBLIC TRANSIT EMPLOYEES

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ISSUE 7 REVIEW AND CLARIFY, AS NECESSARY, THE
DEFINITION OF REGULATORY TERMS

• EVERYONE AGREED AT THE FIRST MEETING THAT THE
  CHARTER DEFINITION WAS DIFFICULT TO UNDERSTAND
  AND SHOULD BE SIMPLIFIED
• THERE HAS BEEN A LOT OF DISCUSSION OF THE
  DEFINITON OF CHARTER BUT NO CLEAR CONSENSUS
• GOING INTO THE LAST MEETING THE PUBLIC SECTOR
  DOES NOT WANT THE DEFINITION TO BE CHANGED
• RON BAUMGARTEN (RIVER CITIES TRANSIT IN SD) AND I
  ARE PUSHING FOR A SIMPLIER WAY TO DETERMINE WHAT
  IS CHARTER

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ISSUE 1 ARE THERE POTENTIAL LIMITED CONDITIONS
UNDER WHICH PUBLIC TRANSIT AGENCIES CAN PROVIDE
COMMUNITY-BASED CHARTER SERVICES TO LOCAL
GOVERNMENTS AND PRIVATE NON-PROFIT AGENCIES THAT
WOULD NOT OTHERWISE BE SERVED IN A COST-EFFECTIVE
MANNER BY PRIVATE OPERATORS

• Public Transit Caucus proposed A recipient may
  provide community based transportation within
  its service area on an incidental basis.
  Community based transportation means Charter
  service to 1) a supporting governmental entity
  or 2) private non-profit exempt from taxation, or
  a faith based organization that is registered on
  the FTA charter website, or 3) a qualified social
  service agency under Appendix A of 49 CFR part
  604.
• Private Sector thought this was too broad. They
  also suggested a cap on the number of hours to
  simplify things.
• Public Sector said that we needed to define
  Charter before we could discuss caps (here we
  go loop de loop)
• Big issues are university transportation and
  transportation to and from special events
• Private Sector wants first bite of the apple

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ISSUE 2 HOW CAN THE ADMINISTRATION AND
ENFORCEMENT OF CHARTER BUS PROVISIONS BE BETTER
COMMUNICATED TO THE PUBLIC

• FROM MY PERSPECTIVE IT STARTS WITH A CLEAR
  UNDERSTANBLE DEFINITION OF CHARTER
• EARLY DISCUSSIONS CENTERED AROUND BETTER
  COMMUNICATION BY FTA TO GRANTEES THROUGH SOME
  SORT OF FTA WEB BASED SYSTEM AND HIGHER PROFILE
  AT TRI-ANNUAL REVIEWS
• IS NOT PART OF DRAFT REGULATIONS

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ISSUE 3 HOW CAN THE ENFORCEMENT OF VIOLATION OF
THE CHARTER BUS REGULATIONS BE IMPROVED

• CLEAR DEFINITION OF CHARTER BUS
• TAKE THE COMPLAINT PROCESS OUT OF THE FTA REGIONS
• PROVIDE FOR A DE NOVO (FIRST TIME) APPEALS TO THE
  FTA ADMINISTRATOR
• MAINTAIN ALL CHARTER RULE DECISIONS IN A
  SEARCHABLE DATABASE ON THE FTA WEBSITE

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ISSUE 4 HOW CAN THE CHARTER COMPLAINT AND
ADMINISTRATIVE APPEALS PROCESS BE IMPROVED

• TWO TYPES OF COMPLAINT PROCESSES HAVE BEEN
  DISCUSSED
• THE FIRST IS WHERE FTA INITIATES AN INVESTIGATION
• THE SECOND IS WHERE THE PUBLIC OR PRIVATE SECTOR
  INITIATES A COMPLAINT
• BOTH INVOLVE THE USE OF AN ADMINISTRATIVE LAW
  JUDGE TO RESOLVE THE COMPLAINT. FTA IS PUSHING
  THIS, IT IS SUPPORTED BY THE PRIVATE SECTOR, BUT
  PUBLIC SECTOR IS NOT SURE.
• I RAISED THE ISSUE THAT IN THE SECOND CASE THIS
  COULD BE BURDONSOME ON RURAL OR SMALL URBAN
  SYSTEMS

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FTA INITIATES AN INVESTIGATION
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PUBLIC OR PRIVATE SECTOR INITIATES COMPLAINT
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ISSUE 5 A NEW PROCESS FOR DETERMINING IF THERE
ARE ANY PRIVATE CHARTER BUS COMPANIES WILLING AND
ABLE TO PROVIDE SERVICE THAT WOULD UTILIZE
ELECTRONIC NOTIFICATION AND RESPONSE WITHIN 72 HRS

• FTA, PUBLIC SECTOR AND PRIVATE SECTOR ALL AGREED
  ON A FTA WEB BASED REGISTRATION LIST FOR TRANSIT
  AGENCIES, PRIVATE CHARTER COMPANIES, AND CERTAIN
  SOCIAL SERVICE ENTITIES
• ALL UPCOMING CHARTERS WOULD BE POSTED ON WEB SITE
  TO MEET 72 HR TIMEFRAME
• PUBLIC AND PRIVATE SECTOR OPERATORS COULD
  PETITION THE FTA TO HAVE ANY PRIVATE SECTOR
  COMPANY OR SOCIAL SERVICE AGENCY REMOVED FROM THE
  REGISTRATION LIST
• STILL AN ISSUE FOR RURAL AS TO WHAT CONSTITUTES
  TO FAR TO TRAVEL BY THE PRIVATE SECTOR
• DOES COST COME IN TO PLAY WHEN DETERMINING
  WILLING AND ABLE?

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ISSUE 6 A NEW EXCEPTION FOR TRANSPORTATION OF
GOVERNMENT EMPLOYEES, ELECTED OFFICIALS, AND
MEMBERS OF THE TRANSIT INDUSTRY TO EXAMINE LOCAL
TRANSIT OPERATIONS, FACILITIES AND PUBLIC WORKS.

• PROPOSED
• INTERNAL TRANSPORTATION OF TRANSIT EMPLOYEES AND
  EMERGENCY RESPONSE PREPAREDNESS ARE EXEMPT FROM
  CHARTER REGS. (DISCUSSION ON WHAT THIS MEAN FOR
  RURAL SYSTEMS)
• EXEMPTION FOR SITE VISITS, INVOLVING CARRING
  PERSONNEL FROM OUTSIDE THE TRANSIT AGENCY BUT
  INVOLVED IN OVERSIGHT, INVESTMENT, OR PROJECTS TO
  AND AROUND TRANSIT PROJECT SITES AND POTENTIAL
  SITES-INCLUDES THE TRANSPORTATION OF ELECTED
  OFFICIALS OF ANY GOVERNMENT LEVEL
• STILL DISCUSSING HOW TO DOCUMENT THESE TRIPS
• SEEMS TO BE SOME LEVEL OF AGREEMENT BETWEEN
  PUBLIC AND PRIVATE SECTOR ON THIS ISSUE

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WHERE WE STAND

• FTA HAS DRAFTED PROPOSED REGULATORY TEXT THAT WE
  HAVE BEEN GOING THROUGH LINE BY LINE THAT ADDRESS
  ISSUES 1, 3, 4, 5, AND 6. HAVE STARTED WITH THE
  EASY ONES TO GET SOME AGREEMENT AND THEN WORKING
  TOWARDS THE DIFFICULT ONES.
• I HAVE LITTLE CONFIDENCE THAT WE WILL REACH
  CONSENSUS ON A REVISED DEFINITION OF CHARTER
  AND FTA WILL END UP DRAFTING PROPOSED LANGUAGE.