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

2.  Federal Transit Administration (FTA) published 49 CFR Part 604 Charter Service, Final Rule January 14, 2008.  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

3.  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

4.  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.

5. 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.

6. 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

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

8. Charter Regulations- Quarterly Report FTA Charter Exceptions Quarterly Reporting Form Section 1Section 2Section 3 ExceptionNameAddressPhone #Email 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 98363360-928-3720 rwalz@yni.org 05/19/0921:0045Coho Ferry TerminalOlympic Park Institute2.5 hrs.$238.81906 2GOHood Canal Bridge ClosureWSDOT360-507-7057 StraucE@wsdot.wa.gov 05/01/09 - 06/03/09 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 98362360-417-1301 larry@nodm.com 06/07/096:00 AM618Port Angeles Gateway Agnew & Carrie Blake Park, Sequim 40.57 hrs. total$3,805.05 584;585;586;588;601;603;604; 605;606;607;608;906;907;908 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

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

10. 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)

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

12. 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?

13. 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

14. 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).

15. 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

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

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

18.  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.

19. Stephen R. Abernathy, AICP Intercity Bus Program Manager Tel: 360.456.6818 abernas@wsdot.wa.gov Resources: Federal Transit Administration www.fta.dot.gov www.fta.dot.gov Federal Transit Administration Charter website: ombudsman.charterservice@dot.gov