N.Y. Comp. Codes R. & Regs. tit. 17 § 975.20

Current through Register Vol. 46, No. 45, November 2, 2024

Section 975.20 - Eligibility requirements to insure services are open to the general public

(a) When a public transportation system requests STOA for (1) a coordinated transportation service as defined in section 975.4(Z), or (2) for any other public transportation service where the service receives fifty percent or more of its operating revenue from human service agency contract(s), or (3) where the operator of the bus service was previously or is currently providing substantial services for human service agency(ies), then the public transportation system must develop and adopt a mass transportation service plan that must define and provide the publicly-available information regarding the following:

(1) service area;

(2) hours of service operation;

(3) fares and third-party reimbursement rates;

(4) routes and schedules/timetables (if fixed route service);

(5) phone number to arrange for service if demand responsive service;

(6) advanced reservation requirements, if any;

(7) marketing and public information regarding service to the general public;

(8) means of restricting access to the service if demand exceeds capacity; (Note: Prioritization procedure for STOA eligible service cannot give preference to human service agency clients.)

(9) description of the financial plan including estimated cost and operating revenue, state, federal, and local financial assistance for the coming fiscal year;

(10) description of any contracts with human service agencies including the amount of compensation, passengers, and whether reimbursement is on a per-passenger or other basis;

Note: A per-passenger payment from a human service agency may be accepted in lieu of collecting a fare from a human service agency client (see section 975.2(d). Where a public transportation system proposes to meet human service agency's transportation needs, the system should carefully review if the service can be met most economically, efficiently, and effectively by an exclusive service that does not receive STOA or as part an open-to-the-public service that is eligible for STOA. Portions of a service that give preference, or are restricted, to a particular client group (s) are not eligible for STOA.)

(11) contracts for services; and

(For coordinated transportation service, one operator--preferably the principal operator--must control all transportation service components of the coordinated transportation service system including marketing, scheduling, dispatching operations, and the compilation of federal and state reports.)

(12) public transportation vehicles to be used.

(If school buses are to be used, they must be identified in the plan and describe the actions taken to satisfy the provisions of 975.2(b) to insure that the service is recognized as open to the general public. If vehicles are purchased through the use of federal or state funds, they must be identified. This section of the plan can also contain the material to satisfy the provision of section 975.2(e) regarding vehicle capacity.)

(b) The plan for services submitted for STOA must be approved by the governing board of the public transportation system. The approving resolution must recognize the service as being fully open to the general public on an equal opportunity basis and relevant to the travel needs of the general public.

(c) The commissioner will review the plan for determining service eligibility for STOA.

(d) The transportation service plan developed by public transportation systems for coordinated transportation services under the Rural Public Transportation Coordination Assistance Program (RPTCAP) may fulfill the requirements of this section.

(e) Where a public transportation system provides both open-to-the-general-public and specialized service, the transportation service plan requirements of this section and section 975.19 can be met in a single document.

(f) New systems must submit their plans sixty days prior to the effective date of STOA eligible service. Systems currently receiving STOA must submit their plan within 180 days of the effective date of these regulations.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 975.20