DOT 49 CFR PART 605-2010 SCHOOL BUS OPERATIONS.pdf
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1、439 Federal Transit Admin., DOT Pt. 605 A: FTA views trolleys as buses. Thus, all the privately owned buses must be engaged in service and unavailable before a transit agency may lease its trolley. Alternatively, the transit agency could enter into an agree-ment with all registered charter providers
2、 in its geographic service area to allow it to pro-vide trolley charter services. (71) Q: How does a transit agency enter into an agreement with all registered char-ter providers in its geographic service area? A: A public transit agency should send an email notice to all registered charter pro-vide
3、rs of its intent to provide charter serv-ice. A registered charter provider must re-spond to the email notice either affirma-tively or negatively. The transit agency should also indicate in the email notification that failure to respond to the email notice results in concurrence with the notificatio
4、n. (72) Q: Can a registered charter provider re-scind its affirmative response to an email notification? A: Yes. If after further consideration or a change in circumstances for the registered charter provider, a registered charter pro-vider may notify the customer and the tran-sit agency that it is
5、no longer interested in providing the requested charter service. At that point, the transit agency may make the decision to step back in to provide the serv-ice. (73) Q: What happens after a registered charter provider submits a quote for charter services to a customer? Does the transit agency have
6、to review the quote? A: Once a registered charter provider re-sponds affirmatively to an email notification and provides the customer a commercially reasonable quote, then the transit agency may not step back in to perform the service. A transit agency is not responsible for re-viewing the quote sub
7、mitted by a registered charter provider. FTA recommends that a registered charter provider include in the quote an expiration date for the offer. 73 FR 44931, Aug. 1, 2008 APPENDIX D TO PART 604TABLE OF POTENTIAL REMEDIES Remedy Assessment Matrix: FTAs Remedy Policy This remedy policy applies to dec
8、isions by the Chief Counsel, Presiding Officials, and final determinations by the Administrator. Remedy calculation is based on the fol-lowing elements: (1) The nature and circumstances of the violation; (2) The extent and gravity of the violation (extent of deviation from regulatory re-quirements);
9、 (3) The revenue earned (economic ben-efit) by providing the charter service; (4) The operating budget of the recipient; (5) Such other matters as justice may re-quire; and (6) Whether a recipient provided service de-scribed in a cease and desist order after issuance of such order by the Chief Couns
10、el. 73 FR 44935, Aug. 1, 2008; 73 FR 46554, Aug. 11, 2008 PART 605SCHOOL BUS OPERATIONS Subpart AGeneral Sec. 605.1 Purpose. 605.2 Scope. 605.3 Definitions. VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00449 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218ER11AU08.015wwoods2 on DSK1DXX6B1PRO
11、D with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-440 49 CFR Ch. VI (10110 Edition) 605.1 605.4 Public hearing requirement. Subpart BSchool Bus Agreements 605.10 Purpose. 605.11 Exemptions. 605.12 Use of project equipment. 605.13 Tripper serv
12、ice. 605.14 Agreement. 605.15 Content of agreement. 605.16 Notice. 605.17 Certification in lieu of notice. 605.18 Comments by private school bus oper-ators. 605.19 Approval of school bus operations. Subpart CModification of Prior Agree-ments and Amendment of Application for Assistance 605.20 Modific
13、ation of prior agreements. 605.21 Amendment of applications for assist-ance. Subpart DComplaint Procedures and Remedies 605.30 Filing a complaint. 605.31 Notification to the respondent. 605.32 Accumulation of evidentiary mate-rial. 605.33 Adjudication. 605.34 Remedy where there has been a viola-tion
14、 of the agreement. 605.35 Judicial review. Subpart EReporting and Records 605.40 Reports and information. APPENDIX A TO PART 605 AUTHORITY: Federal Mass Transit Act of 1964, as amended (49 U.S.C. 1601 et seq.); 23 U.S.C. 103(e)(4); 23 U.S.C. 142 (a) and (c); and 49 CFR 1.51. SOURCE: 41 FR 14128, Apr
15、. 1, 1976, unless otherwise noted. Subpart AGeneral 605.1 Purpose. (a) The purpose of this part is to pre-scribe policies and procedures to imple-ment section 109(a) of the National Mass Transportation Assistance Act of 1974 (Pub. L. 93503; November 26, 1974; 88 Stat. 1565). Section 109(a) adds a ne
16、w section 3(g) to the Federal Mass Tran-sit Act of 1964, as amended (49 U.S.C. 1602(g) and differs from section 164(b) of the Federal-Aid Highway Act of 1973 (49 U.S.C. 1602a(b) in that section 3(g) applies to all grants for the construc-tion or operation of mass transpor-tation facilities and equip
17、ment under the Federal Mass Transit Act, and is not limited to grants for the purchase of buses as is section 164(b). (b) By the terms of section 3(g) no Federal financial assistance may be provided for the construction or oper-ation of facilities and equipment for use in providing public mass trans
18、por-tation service to an applicant unless the applicant and the Administrator enter into an agreement that the appli-cant will not engage in school bus oper-ations exclusively for the transpor-tation of students and school per-sonnel, in competition with private school bus operators. 605.2 Scope. Th
19、ese regulations apply to all recipi-ents of financial assistance for the con-struction or operation of facilities and equipment for use in providing mass transportation under: (a) The Federal Mass Transit Act of 1964, as amended (49 U.S.C. 1601 et seq.); (b) 23 U.S.C. 142 (a) and (c); and 23 U.S.C.
20、103 (e)(4). 605.3 Definitions. (a) Except as otherwise provided, terms defined in the Federal Mass Transit Act of 1964, as amended (49 U.S.C. 1604, 1608) are used in this part as so defined. (b) For purposes of this part The Acts means the Federal Mass Transit Act of 1964, as amended (49 U.S.C. 1601
21、 et seq.); 23 U.S.C. 142 (a) and (c); and 23 U.S.C. 103(e)(4). Administrator means the Federal Mass Transit Administrator or his designee. Adequate transportation means trans-portation for students and school per-sonnel which the Administrator deter-mines conforms to applicable safety laws; is on ti
22、me; poses a minimum of discipline problems; is not subject to fluctuating rates; and is operated effi-ciently and in harmony with state edu-cational goals and programs. Agreement means a contractual agree-ment required under section 3(g) of the Federal Mass Transit Act of 1964, as amended (49 U.S.C.
23、 1602(g). Applicant means applicant for assist-ance under the Acts. Assistance means Federal financial assistance for the purchase of buses VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00450 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot
24、for ResaleNo reproduction or networking permitted without license from IHS-,-,-441 Federal Transit Admin., DOT 605.11 and the construction or operation of fa-cilities and equipment for use in pro-viding mass transportation services under the Acts, but does not include re-search, development and demo
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