Stephen R. Abernathy, AICP Intercity Bus Program Manager Paula Hammond, PE Secretary of Transportation Brian Lagerberg, MbA Director, Public Transportation Division

 Federal Transit Administration (FTA) published 49 CFR Part 604 Charter Service, Final Rule January 14,  Purpose: ensure that federally funded assets owned by public transport agencies do not adversely compete with services provided by private transportation companies.  Limits: public transport agencies from providing transportation for special events without prior advertising for bids on the event by organizer. Source: FTA Authorization Fact Sheet

 Defines charter service.  Explains exemptions.  Clarifies the existing requirements.  Amends regulations governing the provision of charter service by FTA funded recipients.  Allows electronic registration of private charter providers. Charter Regulations- Background

 Allows for Advisory Opinions & Cease & Desist orders.  Established more detailed complaint, hearing & appeal process.  Provides a mechanism for determining remedies in the event of a violation.

Charter Regulations- Background  A transit agency can segregate locally funded & maintained vehicles to provide charter service.  However, garaging a vehicle in a FTA funded facility and or maintaining the vehicle with equipment purchased with FTA funds triggers the requirements of the Charter Service Rule.

Charter Regulations- Exceptions  Moving transit employees for transit business.  Transit agencies in non-urban areas transporting it’s employees for training.  Private charter operators receiving Federal assistance.  Performing emergency preparedness planning & exercises.  Responding to Immediate Emergencies

Charter Regulations- Registration  First: Decide if your agency really wants to perform the service.  If the answer is ‘yes’, registration is required.  Register at on/splash-charterregistration.aspx  Once registered, quarterly reports must be filed every quarter.

Charter Regulations- Quarterly Report FTA Charter Exceptions Quarterly Reporting Form Section 1Section 2Section 3 ExceptionNameAddressPhone # AddressDate of Service Start Time of Service# of PassengersTrip OriginationTrip DestinationTrip Duration (hours) Fee Collected (per capita or total)Vehicle #s (separate by semicolon)# of VehiclesSupporting Documentation (Document Title) 1WNOlmpic Park Institute111 Barnes Point Rd, Port Angeles, WA /19/0921:0045Coho Ferry TerminalOlympic Park Institute2.5 hrs.$ GOHood Canal Bridge ClosureWSDOT /01/ /03/09 5:00 AM1939 Port Angeles Gateway; 6 daily round trips South Point Passenger Ferry Terminal 3.33 hrs. per tripWSDOT project586;587;588;601;606;607;608; 904;905 3WNNorth Olympic Discovery MarathonP. O. Box 431, port Angeles, WA /07/096:00 AM618Port Angeles Gateway Agnew & Carrie Blake Park, Sequim hrs. total$3, ;585;586;588;601;603;604; 605;606;607;608;906;907;

Charter Regulations- Quarterly Report  Quarterly reports to be sent to compliance agency i.e. WSDOT.  Sent to:  Quarterly reports record:  Exception  Contacts of party (name, addess, )  Log of service (date, start time, number of passengers, fees collected etc.

Charter Regulations- Quarterly Report  Quarterly reports must be field quarterly even if NO Charter Service was provided.  Four Exceptions requiring quarterly report:  Government Officials (80 hours annually)  Qualified Human Service Organization  Leasing (Section 604.8)  When NO registered charter provider responds to notice or request for proposals (RFP)

Charter Regulations- Examples of Rule It might be a charter if…

Charter Regulations- Examples of Rule Yes.  So long as there is no premium fare for the service, and no third party is paying for any of the service. If a transit agency provides service that is irregular or on a limited basis for an exclusive group, but provides the service free of charge is the service exempt from charter rules?

Is it a charter service when a local transit provides event or fair service open to the public with or without fare where the transit agency determines the routes & times and is scheduled for same time every year, but the Fair subsidizes all or part of the costs? Charter Regulations- Examples of Rule

Yes!  The fact that the Fair pays for the service in whole or in part means that service is charter. (Section 604.3(c)(2).

When a transit agency contracts out smaller, accessible vehicles for use during football games to offer service free of charge for persons with disabilities and their escorts, is this charter ? Charter Regulations- Examples of Rule

YES! This service falls under the definition of charter service since contracting out involves a third party, exclusive use and a negotiated price.

Charter Regulations- Cheat Sheet Rules are complex. Use this to ‘cheat sheet’ answer your questions. Don’t be hesitant to ask for assistance.

 Length – 7869 feet (Longest floating bridge over salt water)  Floating portion – 6530 feet  Max water depth – 340 feet  Tidal Variation – 16.5 feet  Center draw span opening – 600 feet Charter Regulations Key Things to Remember :  Does your agency really want to do this?  Once committed, register & follow the rules.  The rules are complex and complicated.  Be prepared to file quarterly reports- forever!  Violations can result in FTA findings which could affect standing.

Stephen R. Abernathy, AICP Intercity Bus Program Manager Tel: Resources: Federal Transit Administration Federal Transit Administration Charter website: