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4/18/2024
Dear Members,
We want to share with you the importance of the FTA Charter Service Rule and New York State’s 19-A Regulation.
What is FTA's Charter Service Rule?
The 2008 renegotiated rule requires public transits (recipients) to send an email notice to private charter bus operators registered to receive notices in their area when they intend to perform charter work. Private charter bus companies may register to receive notices from their immediate area, several areas, statewide, several states, or nationally. Another reason private charter bus operators should register is to have “standing” should they wish to file a charter service complaint.
The Federal Transit Administration will not entertain complaints from charter bus companies not registered to receive notices from public transits. https://ftawebprod.fta.dot.gov/CharterRegistration/Default.aspx
FTA’s Charter Service Regulations (49 CFR Part 604), which implement 49 U.S.C. 5323(d), protect private charter operators from unauthorized competition from FTA grant recipients. In essence, the charter regulations were implemented to ensure that transit agencies, subsidized with federal money, do not unfairly compete with privately owned bus companies. Under the charter rules, with limited exceptions, local transit agencies are restricted from operating chartered services.
Charter service means, but does not include demand response service to individuals:
- Transportation provided by a recipient at the request of a third party for the exclusive use of a bus or van for a negotiated price. The following features may be characteristic of charter service:
- A third party pays the transit provider a negotiated price for the group;
- Any fares charged to individual members of the group are collected by a third party;
- The service is not part of the transit provider’s regularly scheduled service, or is offered for a limited period of time; or
- A third party determines the origin and destination of the trip as well as scheduling; or
- Transportation provided by a recipient to the public for events or functions that occur on an irregular basis or for a limited duration and:
- A premium fare is charged that is greater than the usual or customary fixed route fare; or
- The service is paid for in whole or in part by a third party.
Therefore, the Charter Registration Tool allows private charter providers to receive notices of upcoming charter opportunities. Private operators must register on a bi-annual basis, otherwise they will no longer receive notices after their registration expires.
In order to take advantage of the charter rule provisions private charter operators and applicable QHSO’s must be registered on FTA’s Charter Registration Website: https://www.transit.dot.gov/regulations-and-guidance/access/charter-bus-service/charter-bus-service-registration
What is New York State’s 19-A regulation?
19-A is more of a driver monitoring program in NY. A carrier generally needs to obtain “Operating Authority” from the New York State Department of Transportation (NYSDOT) when passengers are carried for compensation within New York State. However, there are exemptions where operating authority is not required.
The NYSDOT evaluates carriers to ensure they are fit, willing, and able to provide safe and quality service to the public. Factors considered include the carrier’s background, experience in passenger transportation, and financial resources. Carriers must demonstrate public need or public interest for their services.
Vehicles that transport passengers such as buses, ambulettes, limousines, liveries, taxis, and school vehicles and the drivers of those vehicles may have to meet additional requirements. For example, NYSDOT operating authority, NYSDOT inspection, a Commercial Driver License, and/or 19-A enrollment.
Failure to comply with the Transportation Law/Regulations may result in a civil penalty of up to $10,000 per violation.
Requirements for Motor Carriers Who Employ Bus Drivers
Bus drivers are not allowed to operate a bus for a motor carrier unless they are qualified according to Article 19-A and Part 6 of the Commissioner’s Rules and Regulations. Therefore, motor carriers must verify that drivers comply with 19-A requirements including:
- Completion of pre-employment and biennial medical examinations and any required follow-ups
- Submission of pre-employment and annual driver license abstracts
- Submission of fingerprints of school bus drivers for a DCJS & FBI criminal history review
- Completion of annual defensive driving observations
- Completion of biennial road tests
- Completion of biennial oral/written tests
Motor carriers must review the driving records of their 19-A drivers annually and file an affidavit of 19-A compliance with the DMV no later than July 1 each year. Motor carriers must attest to compliance with the requirements.
The good news is DMV will review your 19-A driver records periodically and record any violations. They typically notify the company when there is any change in the driver’s status.
Resources:
https://dmv.ny.gov/motor-carriers/information-and-forms-article-19
https://www.dot.ny.gov/passenger
https://dmv.ny.gov/forms/cdl15.pdf
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