Oregon Law School Business Association Outline by dji10449


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									                                                                                                                                                       Federal Transit
  For more information, contact your FTA                                                                                                                                                   General Rule Regarding School

Regional Office:
Region 1 (CT, MA,          Region 6 (AR, LA,                                                                                                                                                  In general, recipients of Federal Transit
ME, NH, RI, VT)            NM, OK, TX)                                                                                                                                                     Administration grants cannot provide
55 Broadway, Suite 920                                                                                                                                                                     transportation for students and school

                                                                                                                                                       Public Transportation
                           819 Taylor Street,
Cambridge, MA              Room 8A36                                                                                                                                                       personnel if that transportation excludes the
02142-1093                                                                                                                                                                                 general public or competes with private school

                                                                                                                                                        and School Buses
                           Fort Worth, TX 76102
Phone (617) 494-2055       Phone (817) 978-0550                                                                                                                                            bus operators.
Fax (617) 494-2865         Fax (817) 978-0575
                                                                                                                                                                                           QUESTIONS AND ANSWERS
Region 2 (NJ, NY,          Region 7 (IA, KS,                                                                                                                                                Question 1: Does the prohibition against
                                                                                                                                                       Questions and Answers
VI)                        MO, NE)                                                                                                                                                         providing school bus service apply to school
One Bowling Green,         901 Locust Street,                                                                                                                                              field trips or trips to other school-sponsored
Room 429                   Suite 404                                                                                                                                                       activities, like football games?
New York, NY               Kansas City, MO 64106                                                                                                          Federal transit laws and
                                                                                                                                                                                              Answer: Yes. The prohibition against
Phone (212) 668-2170
                           Phone (816) 329-3920                                                                                                        regulations place limitations       school bus service applies to both home-to-
                           Fax (816) 329-3921
Fax (212) 668-2136                                                                                                                                          on the use of public           school transportation and transportation for
                                                                                                                                                                                           school-sponsored activities or trips. However,
                           Region 8 (CO, MT,                                                                                                            transportation to transport        an FTA grantee may use buses, facilities, and
Region 3 (DC, DE,          ND, SD, UT, WY)
MD, PA, VA, WV)            12300 West Dakota                                                                                                            students to and from school        equipment for the transportation of school
                                                                                                                                                                                           students, personnel and equipment for
1760 Market Street,        Avenue, Suite 310                                                                                                               and school-sponsored            incidental charter bus operations, if one of more
Suite 500
                                                                                                                                                            activities or trips in
                           Lakewood, CO                                                                                                                                                    of the charter bus service exceptions apply.
Philadelphia, PA           80228-2583                                                                                                                                                      These include situations where there are no
19103-4124                 Phone (720)-963-3300                                                                                                          competition with private          willing and able private charter operators to
Phone (215) 656-7100
Fax (215) 656-7260
                           Fax (720) 963-3333
                                                                                                                                                         transportation providers.         provide the service, or when the trip involves a
                                                                                                                                                                                           significant number of persons with disabilities.
                           Region 9 (AS, AZ,                                                                                                            This brochure is intended to       For a complete description of the charter bus
Region 4 (AL, FL,
                           CA, GU, HI, NV)
                           201 Mission Street,
                                                                                                                                                       help transportation providers       exceptions, please refer to the charter service
                                                                                                                                                                                           regulations (49 CFR 604). They are available on
SC, TN)                    Suite 2210                                                                                                                  understand those limitations,       line at http://www.fta.dot.gov/library/legal/
61 Forsyth Street, S.W.,   San Francisco, CA                                                                                                           as well as the permissible use      charterservice/index.html
Suite 17T50                94105-1926
Atlanta, GA 30303          Phone (415) 744-3133                                                                                                         of public transportation for          Question 2: Does the prohibition against
Phone (404) 562-3500       Fax (415) 744-2726                                                                                                                 school students.             providing school bus service apply to
                                                                                                                                                                                           transporting children who are participating in
Fax (404) 562-3505
                           Region 10 (AK, ID,                                                                                                                                              Head Start programs?
                                                                                         Office of The Chief Counsel

Region 5 (IL, IN,          OR, WA)                                                                                                                     U.S. Department of Transportation     Answer: No. Head Start transportation is
                                                                                         400 Seventh Street, S.W.

                                                                                         Washington, DC 20590

MI, MN, OH, WI)            915 Second Avenue,
                                                                                                                                                       Federal Transit Administration      not school bus service; it is transportation to a
                                                   of Transportation

                                                                       Federal Transit
                                                   U.S. Department

200 West Adams             Suite 3142                                                                                                                                                      human service program.
Street, Suite 320          Seattle, WA 98174-                                                                                                                   400 Seventh Street, S.W.
Chicago, IL 60606          1002                                                                                                                                  Washington, D.C. 20590       * The complete text of FTA’s School Bus
                                                                                         Room 9316

                                                                                                                                                                                           Operations regulations, 49 CFR Part 605, can
Phone (312) 353-2789       Phone (206) 220-7954
                                                                                                                                                                 Phone (202) 366-1936

                                                                                                                                     Federal Transit

                                                                                                                                                                                           be accessed online at http://www.fta.dot.gov/

Fax (312) 886-0351         Fax (206) 220-7959
                                                                                                                                                                Fax (202) 366-3809


TRIPPER SERVICE                                      AVAILABILITY/COST OF PRIVATE                       system, can it provide its own school bus            Question 11: Can an FTA grantee that
                                                                                                        service using public transportation buses?        provides paratransit or demand responsive
  Question 3: Can students going to school           SCHOOL BUS OPERATORS
ride regular transit to their destination?                                                                 Answer: A state or municipality that is an     service (such as "Dial-a-Ride" service) pick up
                                                       Question 6: If a school system doesn’t           FTA grantee and operates a school system          a student and take him or her to school?
  Answer: Yes. Public transportation                 want to contract with any of the private bus       with its own separate and exclusive school bus       Answer: Yes, as long as the student
vehicles can be used to transport students and       operators in its area because the prices are too   program may provide transportation that is        qualifies for the service and the service does
school personnel to and from school if they          high, can a grantee provide transportation to      exclusive to students and school personnel.       not exclude the general public. Such service
ride regularly scheduled mass transportation         students?                                          However, buses, facilities, or equipment          would be comparable to allowable "tripper
service that is open to the general public. Such        Answer: An FTA grantee in an urban area         purchased with FTA assistance cannot be used      service" using the fixed route system.
service may be designed or modified to                                                                  to provide this service.
                                                     may provide transportation that is exclusive to
accommodate the needs of school students and
                                                     students and school personnel if private                                                               Question 12: If a transportation broker
personnel, using various fare collection or
                                                     school bus operators in the urban area are
subsidy systems. This is commonly known as
                                                     unable to provide adequate transportation at a
                                                                                                        COMPLAINTS AGAINST FTA GRANTEES                   wins a school district contract to provide
"tripper service."                                                                                                                                        exclusive transportation for students with
                                                     reasonable rate and in conformance with             Question 9: How can a private school             special needs, can the broker subcontract with
                                                     applicable safety standards. However, buses,       bus operator file a complaint about a violation   an FTA grantee for this service?
  Question 4: I want to offer tripper                facilities, or equipment purchased with FTA        of the school bus regulations?
service. Can I put a sign on my regular public                                                                                                               Answer: No. Whether the public
                                                     assistance cannot be used to provide this            Answer: Information concerning the              transportation provider contracts directly with
transit buses or use the school name as the          service. So a grantee may use only buses,          service should be sent in writing to the FTA      the school district or contracts with a broker,
designated destination to help students figure       facilities, and equipment that have been           Regional Administrator. Include as many           exclusive transportation of students and
out which bus to take to school?                     purchased exclusively with non-FTA funds to        specifics as possible, such as who provided the   school personnel is a violation of the school
   Answer: Buses used for tripper service            transport students and school personnel to and     service, date and time of the service, origin,    bus regulation. However, a grantee may use
can only use a school name as the designated         from school or school-sponsored activities.        destination, and equipment used. After            such buses, facilities, and equipment for the
destination if the school is the final destination                                                      consideration of this information, the Regional   transportation of school students (including
of a regularly scheduled mass transportation           Question 7: How should a grantee                 Administrator will make a preliminary             students with disabilities), personnel and
route. Further, buses used for tripper service                                                          determination as to whether probable cause
                                                     determine whether private school bus                                                                 equipment for incidental charter operations, if
must be marked as open to the general public,                                                           exists to believe that a violation of the
                                                     operators in the area are unable to provide                                                          one or more of the charter service exceptions
in the same manner as other public transit                                                              agreement has taken place. If probable cause
                                                     adequate transportation at a reasonable rate?                                                        apply (49 CFR Part 604).
buses. They may not carry designations such                                                             exists the Regional Administrator will
as "school bus," "school special," "student," or       Answer: A grantee that wants to provide          investigate the complaint and make a written
any other indications that could deter the           school bus service must place a notice in a        determination of whether there has been a         FURTHER INFORMATION ON SCHOOL
general public from using the bus.                   newspaper of general circulation within the        violation and may impose a remedy.                BUS SERVICE
                                                     proposed geographic area of service, send a
                                                     copy of the notice to all private school bus                                                         National School Transportation Association
  Question 5: Can a bus in tripper service                                                              SCHOOL TRANSPORTATION FOR                         113 South West Street, 4th Floor
stop directly in front of a school?                  operators in the area, and provide an
                                                     opportunity for a public hearing on its            STUDENTS WITH DISABILITIES                        Alexandria, VA 22314
   Answer: Only under certain conditions.            application for approval of school bus service.                                                      800-222-NSTA www.yellowbuses.org
Buses may stop only at stops that are accessible                                                          Question 10: Is an FTA grantee
to the public and that are clearly marked like         FTA also recommends that a copy of the           permitted to bid on a school transportation       National Association for Pupil Transportation
all system stops as available to the public          notice be sent to the National School              contract in competition with private school       1840 Western Avenue
(except in the case of traditional unmarked flag     Transportation Association.                        bus operators to provide exclusive                Albany, NY 12203
stops). Stops may not be located on private                                                             transportation for students with disabilities?    800-989-NAPT www.napt.org
property or on property that restricts access to     PUBLICLY OWNED AND OPERATED                           Answer: No, but see Question 1                 National Association of State Directors of
the public. All routes traveled by tripper buses                                                        concerning charter service exceptions. In
must be part of a grantee’s or operator’s            SCHOOL BUS SYSTEMS                                 addition, a grantee may use paratransit
                                                                                                                                                          Pupil Transportation Services
                                                                                                                                                          6298 Rock Hill Road
regular service route, and must be included in         Question 8: If a community operates              service to transport students and others to       The Plains, VA 20198
the published route schedules.                       both the schools and the public transportation     school.                                           800-585-0340 www.nasdpts.org

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