Oregon Law School Business Association Outline
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Federal Transit
For more information, contact your FTA General Rule Regarding School
Administration
Regional Office:
Transportation*
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
10004-1415
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,
GA, KY, MS, NC, PR,
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
Administration
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
Administration
be accessed online at http://www.fta.dot.gov/
###
Fax (312) 886-0351 Fax (206) 220-7959
Fax (202) 366-3809
FTA
library/legal/schoolbus/
##
#
#
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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