New York Codes, Rules and Regulations
Title 17 - DEPARTMENT OF TRANSPORTATION
Chapter VI - Transportation Regulations
Subchapter G - Mass Transportation Operating Assistance
Part 975 - Statewide Mass Transportation Operating Assistance Program
Section 975.4 - Definitions
Current through Register Vol. 44, No. 51, December 21, 2022
For the purposes of this Part, the following additional definitions will apply:
(a) Service payment shall mean the amount of state assistance made available to an eligible public transportation system by the Commissioner of Transportation, within the provisions and limits of state mass transportation operating assistance program legislation and appropriations.
(b) Chief executive officer, of a public transportation system defined by subdivision 1 of section 18-b of the Transportation Law, shall mean the chief executive officer of the public benefit corporation constituting a transportation authority or, in the case of a county, the chairman of the board of supervisors or legislature; except that in those counties having a county administrator, director, executive, manager or president, it shall mean such latter officers; or, in the case of a city, the mayor; except that in those cities having a city manager, it shall mean that officer; or the officially designated representative of any of the above, or, in the case of an intercity bus company, the chief executive or operating officer of said firm or corporation, or a designee of the chief executive or operating officer empowered to enter into joint service agreements on behalf of the company.
(c) Revenues shall mean income either directly or indirectly derived from, or in connection with, the mass transportation services. It will include "operating revenue" such as but not necessarily limited to: farebox revenues and special fare subsidies (including third party per passenger payments); baggage or mail revenues; income from advertising, concessions and leases. It also includes "subsidies" from state, federal and local governments; and other government payments to finance operating deficits.
(d) Expenses shall mean expenses, as may be determined by the Commissioner of Transportation, either directly or indirectly incurred from, or in connection with, the operation of public transportation services, including but not necessarily limited to: transportation expenses (wages, fringe benefits, fuel, oil, etc.); maintenance and garage expenses (repairs, tires, etc.); station expenses (supplies and expenses relating thereto); traffic expenses (tickets, advertising, etc.); insurance and safety expenses; marketing, advertising and other reasonable expenses directly related to the provision of public transportation service and a reasonable portion of general administration expenses including auditing costs. Capital expenses, and depreciation on the portion of plant assets purchased with government funds, are not considered allowable expenses for the purposes of this program. For private operators, further definition of eligible and ineligible expenses are found in the determination of maximum operating assistance process defined in section 975.17.
(e) Peak hours shall mean the hours when additional services are provided to handle higher passenger volumes. This period begins when normal scheduled headways are reduced, and ends when headways are returned to normal. Generally, these hours are 7 a.m. through 9 a.m. and 4 p.m. through 6 p.m., each day, Monday through Friday, or such other similar periods as local conditions may dictate.
(f) Off-peak hours shall mean all time periods other than peak hours. Generally, these will be the hours 9 a.m. through 4 p.m., and the hours 6 p.m. through 7 a.m. each day, monday through Friday, or such other similar periods as local conditions may dictate; it shall also include the entire 24-hour period for each State and/or Federal holiday, as well as Saturdays and Sundays.
(g) Commuter rail system shall mean a system of mass transportation services operating rail passenger cars on rail guideways, and providing service in more than one county (for purposes of section 18-b of the Transportation Law, the city of New York shall be considered as one county), with a substantial portion of the riders using the service to go to and from work between suburbs and their central city.
(h) Subway or rapid transit system shall mean a system of mass transportation services operating rail passenger cars on rail guideways within one county (for purposes of section 18-b of the Transportation Law, the City of New York shall be considered as one county).
(i) Commuter ferry system shall mean a system of mass transportation services operating on a navigable body of water, and providing services within one county (for purposes of section 18-b of the Transportation Law, the City of New York shall be considered as one county), with a substantial portion of the riders using the service to go to and from work.
(j) Elderly shall mean, those persons of age 65 or over.
(k) Transit disabled shall mean individuals who, by reason of illness, age, injury, congenital malfunction or other permanent or temporary incapacity or disability, are unable, without special facilities, planning or design, to use mass transportation facilities effectively.
(l) Urbanized area shall mean an area not less than the urbanized area delineated by the latest determination of the Bureau of the Census (in accordance with such provisions of Title 13, U.S. Code as may be appropriate); and if desired, adjacent areas may be included by responsible State and local officials in accordance with the provisions of Title 23, U.S. Code 1 34 (3) (c).
(m) Appropriate officials shall mean the principal elected officers of municipalities.
(n) Comprehensive and continuing planning process shall mean a planning process which includes the operational procedures and working arrangements by which short-and long-range plans are conceived, developed and continuously evaluated to meet changing conditions in accordance with the provisions of Title 23, U.S. Code 134(3)(c).
(o) Economy, efficiency and effectiveness indicators shall refer to a series of criteria established by the Department to measure the performance of transit operations in terms of their operating and capital cost input, as compared to their service quantity, quality and usage output. Examples of indicators that may be used are:
(p) Reasonable return on equity or operating revenues and expenses shall refer to the guidelines developed by the Department to ensure that State service payments do not result in excessive profits to private transportation operators. These guidelines are established as identified in section 975.17.
(q) Unspecified public transportation system shall refer to any public transportation system that does not receive a specific line item appropriation for operating assistance in the State budget.
(r) Intercity bus company shall mean a bus company authorized to transport the general public in interstate commerce by the Interstate Commerce Commission and/or in intrastate commerce by the New York State Department of Transportation on a regular and continuing basis in two or more counties within New York State in a service that is intended primarily to satisfy longer distance travel demand between cities, villages and unincorporated urban places having a population of two thousand five hundred or more. Such company may also provide other services, including commuter and locally oriented services.
(s) Exclusive airport service shall mean service provided to and from one or more airports, with travel between intermediate points prohibited by statute, regulation, order or company policy or if accommodation of passengers to such intermediate points is clearly incidental to the airport service.
(t) Commuter bus service shall mean bus service provided by a bus system, as defined in section 975.2(e), which primarily takes riders to and from work.
(u) Deadhead mileage is ineligible for operating assistance under this program. It shall include such transit vehicle mileage as: mileage between the garage and the beginning of the route where passengers may board; mileage from the end of one route to the beginning of another route and mileage from the end of a route to a garage or other service or storage facility.
In order to categorize transit vehicle mileage as eligible revenue service, except for the return trips of commuter runs, which are specifically considered to be eligible miles in section 975.2(c), a viable market for the service must be demonstrated. For example, transit vehicle mileage between a bus garage and the beginning of a route cannot be classified as eligible revenue vehicle miles simply because the route is redefined as beginning at the garage. Two conditions have to be satisfied for transit vehicle mileage to be considered eligible revenue vehicle miles.
First, the increased route mileage, with added stops, must be incorporated formally into published schedules. Secondly, there must be more than incidental use of this additional service by revenue passengers. To prove more than incidental use for such additional service, it will be necessary to demonstrate that the service at least minimally satisfies several of the economy, efficiency, and effectiveness indicators identified in Part 975.4 (o). The following descriptions provide basic guidance as to what constitutes deadhead mileage by type of service:
For scheduled fixed route transit services, vehicle travel between the garage and the beginning of the route where passengers may board is deadheading. Other deadheading includes vehicle travel from the end of one route to the beginning of another route, travel from the end of a route to a garage or other service or storage facility.
While the concept of deadheading is not as well defined for non-scheduled, non-fixed route services, in general, the following guidelines should be followed: