§ 604.3 Definitions. All terms defined in 49 U.S.C. 5301 *et seq.* are used in their statutory meaning in this part. Other terms used in this part are defined as follows: ( a ) *“Federal Transit Laws”* means 49 U.S.C. 5301 *et seq.,* and includes 23 U.S.C. 103(e)(4), 142(a), and 142(c), when used to provide assistance to public transit agencies for purchasing buses and vans.
( b ) *“Administrator”* means the Administrator of the Federal Transit Administration or his or her designee.
( c ) *“Charter service”* means, but does not include demand response service to individuals: ( 1 ) 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: ( i ) A third party pays the transit provider a negotiated price for the group;
( ii ) Any fares charged to individual members of the group are collected by a third party;
( iii ) The service is not part of the transit provider's regularly scheduled service, or is offered for a limited period of time; or
( iv ) A third party determines the origin and destination of the trip as well as scheduling; or
( 2 ) Transportation provided by a recipient to the public for events or functions that occur on an irregular basis or for a limited duration and: ( i ) A premium fare is charged that is greater than the usual or customary fixed route fare; or
( ii ) The service is paid for in whole or in part by a third party.
( d ) *“Charter service hours”* means total hours operated by buses or vans while in charter service including: ( 1 ) Hours operated while carrying passengers for hire, plus
( 2 ) Associated deadhead hours.
( e ) *“Chief Counsel”* means the Chief Counsel of FTA and his or her designated employees.
( f ) *“Days”* means calendar days. The last day of a time period is included in the computation of time unless the last day is a Saturday, Sunday, or legal holiday, in which case, the time period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday.
( g ) *“Demand response”* means any non-fixed route system of transporting individuals that requires advanced scheduling by the customer, including services provided by public entities, nonprofits, and private providers.
( h ) *“Exclusive”* means service that a reasonable person would conclude is intended to exclude members of the public.
( i ) *“FTA”* means the Federal Transit Administration.
( j ) *“Geographic service area”* means the entire area in which a recipient is authorized to provide public transportation service under appropriate local, state, and Federal law.
( k ) *“Government official”* means an individual elected or appointed at the local, state, or Federal level.
( l ) *“Interested party”* means an individual, partnership, corporation, association, or other organization that has a financial interest that is affected by the actions of a recipient providing charter service under the Federal Transit Laws. This term includes states, counties, cities, and their subdivisions, and tribal nations.
( m ) *“Pattern of violations”* means more than one finding of unauthorized charter service under this part by FTA beginning with the most recent finding of unauthorized charter service and looking back over a period not to exceed 72 months.
( n ) *“Presiding Official”* means an official or agency representative who conducts a hearing at the request of the Chief Counsel and who has had no previous contact with the parties concerning the issue in the proceeding.
( o ) *“Program purposes”* means transportation that serves the needs of either human service agencies or targeted populations (elderly, individuals with disabilities, and or low income individuals); this does not include exclusive service for other groups formed for purposes unrelated to the special needs of the targeted populations identified herein.
( p ) *“Public transportation”* has the meaning set forth in 49 U.S.C. 5302(a)(10).
( q ) *“Qualified human service organization”* means an organization that serves persons who qualify for human service or transportation-related programs or services due to disability, income, or advanced age. This term is used consistent with the President's Executive Order on Human Service Transportation Coordination (February 24, 2004).
( r ) *“Recipient”* means an agency or entity that receives Federal financial assistance, either directly or indirectly, including subrecipients, under the Federal Transit Laws. This term does not include third-party contractors who use non-FTA funded vehicles.
( s ) *“Registered charter provider”* means a private charter operator that wants to receive notice of charter service requests directed to recipients and has registered on FTA's charter registration Web site.
( t ) *“Registration list”* means the current list of registered charter providers and qualified human service organizations maintained on FTA's charter registration Web site.
( u ) *“Special transportation”* means demand response or paratransit service that is regular and continuous and is a type of “public transportation.”
( v ) *“Violation”* means a finding by FTA of a failure to comply with one of the requirements of this Part.