reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter F - Railroad And Street Railroad Corporations › Article 2 - Safety › Part 922 - Locomotive Boilers And Steam Reservoirs › Section 922.18 - Filing reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Certificate of inspection.
(1) Once every
					 three months, at the time safety valves are set, a certificate of inspection,
					 Form 1-B[FN*] shall be filed in the office of the Department of Transportation,
					 Albany, N.Y., for each locomotive boiler or steam reservoir subject to the
					 jurisdiction of the commissioner. Such certificate of inspection may be a
					 duplicate of the certificate required by the Interstate Commerce Commission on
					 its Form No. 1 entitled "Monthly Locomotive Inspection and Repair
					 Report".
(2) There shall be filed
					 annually with the Department of Transportation a certificate of inspection
					 which may be a duplicate of the certificate required by the Interstate Commerce
					 Commission on its Form No. 3 entitled "Annual Locomotive Inspection and Repair
					 Report". The certificates covering quarterly and annual inspection shall be
					 filed within 10 days after the inspection is made. A copy of each certificate
					 shall be filed with the chief operating officer or employee having charge of
					 the operation of such locomotive boiler or steam reservoir. A copy shall also
					 be placed under glass in a conspicuous place in the cab of the locomotive
					 before the boiler or steam reservoir inspected is put into service.
(3) Each certificate shall give the
					 information required thereon and must be vertified by the oaths of the
					 inspectors.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter F - Railroad And Street Railroad Corporations › Article 2 - Safety › Part 922 - Locomotive Boilers And Steam Reservoirs › Section 922.19 - Extension of time

Current through Register Vol. 46, No. 28, July 10, 2024
In the case of a boiler or steam reservoir not in
						continuous service, and where satisfactory proof of this is made, an extension
						of time may be granted for the removal of flues and lagging, removal of caps
						from flexible staybolts, for giving hydrostatic tests, and for washing the
						boiler or steam reservoir and cleaning the water glass and gauge cocks. The
						said extension of time is not to exceed the number of days the boiler or steam
						reservoir is out of service. No extension of time will be granted when the
						boiler or steam reservoir is out of service less than 10 consecutive
						days.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter F - Railroad And Street Railroad Corporations › Article 2 - Safety › Part 922 - Locomotive Boilers And Steam Reservoirs › Section 922.20 - Copies of regulations

Current through Register Vol. 46, No. 28, July 10, 2024
The chief mechanical officer of each operator shall keep
						each inspector of locomotive boilers or steam reservoirs under his supervision
						supplied with a copy of this Part.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter F - Railroad And Street Railroad Corporations › Article 2 - Safety › Part 922 - Locomotive Boilers And Steam Reservoirs › Section 922.21 - Accident reports

Current through Register Vol. 46, No. 28, July 10, 2024
Immediate notice of the following accidents must be sent
						by telegraph or telephone to the Department of Transportation, Albany,
						N.Y.:
(a) all explosions of locomotive
					 boilers or steam reservoirs;
(b)
					 all accidents to locomotive boilers or steam reservoirs resulting in death or
					 injury of any person;
(c) all
					 accidents to locomotive boilers in which the crown sheet is ruptured or pulled
					 away from the crown sheet bolts or radial stays, whether personal injuries are
					 sustained or not.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter F - Railroad And Street Railroad Corporations › Article 2 - Safety › Part 924 - Reports Of Railroad Accidents › Section 924.0 - Introductory

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The rules and
					 regulations for reporting accidents by railroad corporations in this Part are
					 applicable to all railroad corporations, tourist railroads or persons operating
					 standard gauge railroad passenger cars or freight cars modified to transport
					 passengers for a fee throughout the State of New York. This Part does not apply
					 to any system operated by the Niagara Frontier Transporation Authority,
					 Metropolitan Transportation Authority or any affiliate or subsidiary thereof
					 exercising any power granted under the Public Authorities Law section 1266.
					 Nothing in this Part modifies any reporting requirements of the State Public
					 Transportation Safety Board in Part 990 of this Title.
(b) Reports of accidents shall be provided by
					 telephone accordiang to section
					 924.1  and by
					 mail according to section
					 924.2 
					 of this Part.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter F - Railroad And Street Railroad Corporations › Article 2 - Safety › Part 924 - Reports Of Railroad Accidents › Section 924.1 - Reports by telephone

Current through Register Vol. 46, No. 28, July 10, 2024
Immediate notice of the following classes of accidents
						must be sent by telephone to 1-800-TO NYDOT (1-800-866-9368) 24 hours-a-day.
						The telephone report shall be transmitted within one hour of railroad
						notification of the accident. The caller shall provide his or her name, title,
						telephone number and pertinent information regarding the accident:
(a) all train and train service accidents
					 involving a passenger train;
(b)
					 any train or train service accident which causes delays to passenger train
					 movements of more than 30 minutes;
(c) all collisions, except those minor
					 collisions which can be repaired without the need to move to a repair
					 facility;
(d) all freight train
					 derailments:
(1) which occur on any tracks
					 where the maximum authorized track speed for movement of freight trains is
					 normally in excess of 25 miles per hour;
(2) which involve any freight car or cars
					 required to be placarded by the hazardous materials regulations (49 CFR part
					 172); or
(3) which, regardless of
					 lading, is a magnitude of more than five freight cars--or three freight cars if
					 consisting of articulated platforms;
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter F - Railroad And Street Railroad Corporations › Article 2 - Safety › Part 924 - Reports Of Railroad Accidents › Section 924.2 - Reports by mail

Current through Register Vol. 46, No. 28, July 10, 2024
Copies of all reports of accidents occurring in New York
						State required to be filed with the Federal Railroad Administration in
						compliance with  49 CFR part 225  are to be submitted to the commissioner by mail
						to:
New York State Department of Transportation
Rail Safety Inspection Section
7A Governor Harriman State Office Campus, Room 630
Albany, NY 12232-0867
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter F - Railroad And Street Railroad Corporations › Article 4 - Records; Reports › Part 960 - Annual Reports › Section 960.1 - Annual report required

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise ordered or permitted by the
						commissioner, every common carrier subject to the jurisdiction of the
						commissioner is hereby directed to file annually with the commissioner a report
						for each calendar year on forms to be furnished by the department, in
						accordance with instructions of the commissioner.
(b) As used herein, the term common carrier
					 shall be defined as set forth in subdivision 7 of section 2  of the Transportation Law.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter F - Railroad And Street Railroad Corporations › Article 4 - Records; Reports › Part 960 - Annual Reports › Section 960.2 - Filing of annual reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Each common carrier required to file an annual report shall file such report as
					 soon as possible after December 31st of the year covered by the report, but no
					 later than March 31st next following the end of such calendar year.
(b) All forms required by this Part may be
					 obtained, upon request, at the principal office of the department. Failure of a
					 common carrier to obtain a copy of any form or the instructions with respect
					 thereto shall not be, in any respect, a reason or excuse for failure to file
					 any report when due.
(c) All
					 requests for waivers or modifications of all or part of the requirements of
					 this Part shall be made in writing.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter F - Railroad And Street Railroad Corporations › Article 4 - Records; Reports › Part 960 - Annual Reports › Section 960.3 - Supplementary information

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Except as otherwise ordered or permitted by the commissioner each Class I,
					 Class II and Class III railroad subject to the jurisdiction of the commissioner
					 is required to furnish such supplemental information as the commissioner might
					 direct and to file such supplemental information for each calendar quarter of
					 each calendar year on forms to be furnished by the department in accordance
					 with the instructions of the commissioner.
(b) Each railroad required to file such
					 supplemental information shall file one copy thereof, and such additional
					 copies as the commissioner may direct not later than 30 days after the last day
					 of the third calendar monthly covered thereby.
(c) All forms required by this Part may be
					 obtained, upon request, at the principal office of the department. Failure of a
					 railroad to obtain a copy of any form or the instructions with respect thereto
					 shall not be in any respect, a reason or excuse for failure to file any report
					 when due.
(d) All requests for
					 waivers or modifications of all or part of the requirements of this Part shall
					 be made in writing.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter F - Railroad And Street Railroad Corporations › Article 5 - Miscellaneous › Part 973 - Abandonment Of Railroad Transportation Property › Section 973.1 - Notification of intent to discontinue railroad service

Current through Register Vol. 46, No. 28, July 10, 2024
Every railroad company or corporation applying to the
						Interstate Commerce Commission or any other Federal or State agency to
						discontinue railroad service shall, within 30 days of the date of such
						application, notify the Department of Transportation by mailing a copy of the
						application, by certified mail--return receipt requested, to the Assistant
						Commissioner for Regulatory Affairs, New York State Department of
						Transportation, Building 5, State Office Campus, Albany, New York
						12232.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter F - Railroad And Street Railroad Corporations › Article 5 - Miscellaneous › Part 973 - Abandonment Of Railroad Transportation Property › Section 973.2 - Notification of intent to dispose of abandoned property

Current through Register Vol. 46, No. 28, July 10, 2024
Notice of intent to dispose of abandoned railroad
						transportation property shall be given the Department of Transportation by
						certified mail--return receipt requested, addressed to the Director, Real
						Estate Division, New York State Department of Transportation, Building 5, State
						Office Campus, Albany, New York 12232, and shall include the following:
(a) Identification of the line or branch of
					 the railroad company on or near which the property is located;
(b) A legible map or maps clearly delineating
					 the property and its location, together with the length, approximate widths and
					 termini;
(c) If on an abandoned
					 line, information to be furnished shall include: when the line was abandoned,
					 location of previous sales if any which would affect continuity of line and
					 possibility of reestablishment of service and a general description of the
					 physical facilities that remain along the line in each direction to point of
					 termination of service;
(d) At the
					 option of the railroad company, identification of the prospective purchaser
					 and/or the proposed use of the property and for the benefit of interested
					 agencies, the price for which the railroad company is willing to sell the
					 property; it being understood that the price so stated is for information only
					 and may not necessarily establish value.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter F - Railroad And Street Railroad Corporations › Article 5 - Miscellaneous › Part 973 - Abandonment Of Railroad Transportation Property › Section 973.3 - Review of notification

Current through Register Vol. 46, No. 28, July 10, 2024
Upon receipt of notification of intent to dispose of
						abandoned railroad transportation property and the necessary maps and
						information previously described, a 120 day review period shall begin. The
						Department of Transportation shall immediately institute investigations to
						determine if the property is required for transportation purposes. At the same
						time, all appropriate transportation authorities and State and local
						governmental agencies shall be notified of the railroad company's intention,
						and be requested to determine if they desire to exercise the preferential
						acquisition rights, should the department decide not to exercise the right in
						this regard.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter F - Railroad And Street Railroad Corporations › Article 5 - Miscellaneous › Part 973 - Abandonment Of Railroad Transportation Property › Section 973.4 - Notification of interest in acquisition by others

Current through Register Vol. 46, No. 28, July 10, 2024
Any appropriate transportation authority and State and
						local governmental agency shall indicate its interest in exercising the
						preferential right of acquisition to the Director, Project Development Bureau,
						New York State Department of Transportation, Building 4, State Campus, Albany,
						New York 12232, by the date stipulated in the notification. Failure of an
						agency or transportation authority to reply by this stipulated date shall be
						interpreted as indicating that the agency or authority does not wish to
						exercise the preferential right.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter F - Railroad And Street Railroad Corporations › Article 5 - Miscellaneous › Part 973 - Abandonment Of Railroad Transportation Property › Section 973.5 - Notification of determination by Department of Transportation

Current through Register Vol. 46, No. 28, July 10, 2024
Upon receipt of responses from all of the notified
						agencies and authorities or expiration of the stipulated date, the Department
						of Transportation shall evaluate all replies received from the agencies and
						authorities contacted and determine either to exercise the preferential right
						of acquisition itself, authorize one or more agencies or authorities to
						exercise the right, or issue a release. All agencies and authorities contacted
						shall be informed of the decision for disposition of the property by the
						department.
(a) In the event that the
					 department decides to exercise the preferential right of acquisition itself, it
					 shall so advise the railroad company in writing.
(b) In the event that the department
					 determines that one or more agencies should be authorized to exercise the
					 preferential right, it shall prepare, execute and forward to the railroad
					 company and the appropriate agencies an assignment and authorization indicating
					 the agencies or authorities so authorized.
(c) In the event that the department
					 determines that it will not exercise the preferential acquisition right and
					 that it will not authorize any other agency or authority to do so, it shall so
					 inform the railroad company. Upon receipt of this notification, the railroad
					 company shall transmit to the Director, Real Estate Division, New York State
					 Department of Transportation, Building 5, State Campus, Albany, New York 12232
					 a recordable description of the property to be released so that the department
					 can prepare a formal release of the preferential right and have it recorded in
					 the office of the county clerk of the county in which such property is
					 located.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter F - Railroad And Street Railroad Corporations › Article 5 - Miscellaneous › Part 973 - Abandonment Of Railroad Transportation Property › Section 973.6 - Exercise of preferential right or release

Current through Register Vol. 46, No. 28, July 10, 2024
Upon receipt of notification that the Department of
						Transportation and/or other State or local governmental agency or
						transportation authority intends to exercise the preferential right of
						acquisition, the railroad company may, by certified letter addressed to the
						Director, Real Estate Division, New York State Department of Transportation,
						Building 5, State Campus, Albany, New York 12232, with copy to the authorized
						agency or transportation authority, if any, demand that the preferential right
						of acquisition be properly exercised within 120 days, or released through the
						New York State Department of Transportation.
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 975.1 - Authority

Current through Register Vol. 46, No. 28, July 10, 2024
Section 18-b  of the Transportation Law establishes
					 the State Transit Operating Assistance program and authorizes the Commissioner
					 of Transportation to prescribe rules and regulations to effectuate the purposes
					 of the statewide mass transportation operating assistance program and to define
					 terms necessary to carry out that program. Annual appropriation language has
					 consistently modified section 18-b  of the Transportation Law and provides
					 additional authority regarding program rules and regulations.
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 975.3 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
All applications for mass transportation operating
					 assistance made to the Commissioner of Transportation shall be in such form as
					 prescribed by the Commissioner. Such applications must be completed and filed
					 between the 2nd and 17th day of the first month of each quarter in which a
					 transportation system elects to participate in the statewide mass
					 transportation operating assistance program. The quarters are coincident with
					 the state fiscal year, as follows: April through June, July through September,
					 October through December, and January through March.
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 975.5 - Uniform system of accounts for corporation or individuals

Current through Register Vol. 46, No. 28, July 10, 2024
Any person, firm or corporation providing mass
					 transportation services and receiving assistance, pursuant to section 18-b  of the Transportation Law shall
					 maintain its accounting records in compliance with the uniform system of
					 accounts for bus corporations as prescribed by the Commissioner of
					 Transportation and contained in Article 7 of Subchapter D of Chapter VI of this
					 Title (Parts 760 through 777), and/or such other accounting standards as
					 determined by the Commissioner.
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 975.7 - Statistical sampling provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In order to ensure the submission of
				  valid revenue passenger statistics in all instances where the system submits
				  "estimated" data, the STOA program will impose, effective January 1, 1990,
				  annual precision (10%) and confidence (95%) requirements on any system's
				  sampling and/or data collection technique used to calculate estimated passenger
				  data and any revenue passenger-related data. Thus, any system that does not
				  submit actual revenue ridership data must be able to document that its annual
				  passenger statistics submitted for STOA from April 1990 on, will be in
				  compliance with these annual confidence and precision limits.
(b) For demand responsive systems, however,
				  it is required that such operations document and present "actual" quarterly
				  revenue passenger statistics.
(c)
				  Each public transportation system is required to categorize all riders into
				  eligible revenue passengers (including cash fares, tokens and other pre-payment
				  instruments that satisfy the per-passenger minimums specified in section
				  975.2(d)) and into ineligible non-revenue passengers. It will be the responsibility of
				  the public transportation system to certify that its sampling technique and
				  sample size provide estimates of quarterly revenue passengers, such that when
				  considered on an annual basis they satisfy the required levels of confidence
				  and precision (95% and 10%, respectively).
(d) Vehicle Mile Data - Each public
				  transportation system is required to calculate eligible revenue vehicle mile
				  data by employing one of the two following methods:
(1) compute total actual miles and adjust for
				  deadhead and other non-revenue miles, or
(2) derive revenue vehicle mile portion of
				  total miles from schedules and adjust for missing trips; and
(3) furthermore, the transit system must
				  certify and be able to demonstrate that there is a system in place to account
				  for missing trips and/or deadhead and other non-revenue mileages. The system
				  must also certify and be able to document that any standard mileages that are
				  preassigned for individual routes reflect audited, actual mileages for such
				  routes accurate to the nearest one tenth of a mile.
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 975.8 - Economy, efficiency and effectiveness annual performance evaluation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An evaluation
				  of a public transportation system, that provided more than one million revenue
				  vehicle, car or nautical miles in local revenue service or carried more than
				  one million revenue passengers during the preceding State fiscal year, that
				  applies for a service payment, will be performed annually by the Department of
				  Transportation. Using the financial and operational data submitted as well as
				  the plans of the public transportation system, and any other information deemed
				  necessary, the Department will review the economy, efficiency and effectiveness
				  of operators.
(b) The Department
				  will report its findings in a public report. The commissioner of Transportation
				  will submit copies of such performance evaluations to the chairman of the
				  Senate Finance Committee and the chairman of the Assembly Ways and Means
				  Committee concurrent with submission to the Director of the Budget. The
				  evaluation will include performance indicators covering the economy,
				  efficiency, and effectiveness of public transportation systems. The
				  Commissioner may request any public transportation system, to develop plans to
				  address performance deficiencies.
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 975.9 - Contract service requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Prior to making service payments to a transportation
					 authority, county, or city for services provided under contract with a
					 corporation, firm or individual to provide mass transportation services,
					 pursuant to section 18-b  of the Transportation Law and section 119-r  of the General Municipal Law, a copy
					 of such contract must be provided to the Department. If the contract involves
					 intercity bus services, services that extend outside of New York State,
					 services that extend outside of the boundaries of the contracting city, county
					 or transportation authority, then the following procedures and provision also
					 apply:
(a) Intercity bus services.
				  Prior to entering into, extending or continuing such a contract for intercity
				  bus services with any intercity bus company such transportation authority,
				  county, or city shall submit the proposed service contract and supporting
				  records describing the services and its finances to the Department for review
				  and approval. The Department review will determine if the service is already
				  under contract, duplicates other subsidized services, is provided in an
				  effective manner and meets other program requirements.
(b) Services that operate outside N.Y. State.
				  Any new, amended or renewed contract between a transportation authority,
				  county, or city and a corporation, firm or individual, to provide mass
				  transportation services, pursuant to section 18-b  of the Transportation Law, shall
				  reflect the following general policy of the Department of Transportation where
				  such service, or a portion of such service, is to be interstate commerce. In
				  order for a public transportation system that provides mass transportation
				  services outside of New York State to be eligible for a State service payment,
				  such system must demonstrate to the Commissioner that such assistance will be
				  used exclusively for the benefit of New York State riders.
(1) To the degree practicable, the benefits
				  of the receipts of State moneys pursuant to such contract for mass
				  transportation services by such corporation, firm or individual shall be
				  applied either:
(i) to discount, or otherwise
				  reduce, or minimize the fares charged for interstate service with origin and
				  destination points within the State of New York; or
(ii) to provide additional service or routes
				  within New York State pursuant to such contract.
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 975.10 - Application for Federal aid

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Where a transportation system is eligible to apply for Federal operating
				  assistance and Federal funds have been identified and reserved for this
				  purpose, the transportation system must apply for such Federal aid or
				  jeopardize its claim to any State operating assistance.
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 975.11 - Provision for the elderly and transit disabled

Current through Register Vol. 46, No. 28, July 10, 2024
A system shall also provide reduced fares for elderly and
					 transit disabled persons in off-peak periods to the extent necessary to enable
					 the public transportation system to apply for Federal operating assistance
					 payments. In the event a local public transportation system does not comply
					 with these requirements, the Commissioner may reject the application, in whole
					 or part, or delay quarterly service payments to the system until it fully
					 complies, or demonstrates that it will comply fully, at the earliest possible
					 date.
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 975.12 - Service payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Combined service and usage distribution formula. As authorized by legislation,
				  the Commissioner may develop a single formula to distribute mass transportation
				  operating assistance payments authorized by separate appropriations in order to
				  facilitate program administration and to ensure an orderly distribution of such
				  funds.
(b) Calculation of service
				  payments for initial or final quarter of service. Service payments for a
				  quarter will be based on the statistics of the previous quarter. Estimates of
				  operating statistics from a new participant i.e., a public transportation
				  system, initial quarter may be accepted. Adjustment, based on actual, will be
				  made in the second quarter. In the event that a participant ceases to
				  participate in the program, operating assistance due for the final quarter that
				  service is provided shall be based upon the actual total number of revenue
				  passengers and revenue vehicle miles carried during that quarter. In the event
				  the participant received an overpayment of STOA, the public transportation
				  system must return the overpayment to the State. The State will take whatever
				  steps are appropriate to recover the overpayments directly from the public
				  transportation system.
(c)
				  Discounted payments. Whenever it is determined by the Commissioner that the
				  amount of money appropriated for service payments or the funds in the
				  appropriate account of the Mass Transportation Operating Assistance fund is
				  less than the total amount of money for which all public transportation systems
				  are eligible, the commissioner shall establish, on a quarterly basis, a maximum
				  service payment limit which is lower than that earned by the formula
				  components. This discounting procedure shall be applied so that all unspecified
				  systems within a geographic region as identified by legislation will be
				  provided, to the extent needed, the same "pro rata" share of the funds
				  available. Similarly, when authorizing legislation provides separate geographic
				  mass transportation operating assistance accounts to fund appropriations, funds
				  within such appropriations will be evenly distributed on a "pro rata" share
				  basis to the "specified" as well as the "unspecified" systems.
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 975.13 - Matching payments

Current through Register Vol. 46, No. 28, July 10, 2024
Each county, municipality or Indian tribe served by a
					 public transportation system which receives a service payment shall make a
					 quarterly matching payment to the public transportation system at least equal
					 to that portion of the section 18-b service payment received from the local
					 assistance account of the general fund. Such matching payments shall be made
					 not later than the 25th day of the second month of each quarter (not later than
					 May 25, August 25, November 25, February 25). Sums so paid by the local
					 jurisdiction shall not be used for other than the purposes of operating the
					 public transportation systems. Additionally, the following provisions shall
					 apply:
(a) Where more than one county
				  or municipality is served by a regional transportation authority, the matching
				  shares for each county or municipality are established by the Legislature by
				  annual appropriation. Matching payments required of counties served by regional
				  transportation authorities must be in addition to the mortgage taxes, bridge
				  and tunnel tolls and special reduced fare programs earmarked for the regional
				  transportation authorities and assessments paid for station maintenance,
				  capital engineering, debt service and transit police.
(b) The local match to STOA may come from any
				  local source of revenue available to the system, other than (1) farebox or
				  other operating revenues; (2) other per-passenger reimbursement made by a third
				  party in lieu of fares; (3) Federal or other State funds; or (4) local funds
				  used to match any other Federal or State programs. Revenue sharing funds, if
				  available to a system, will be treated as local funds.
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 975.14 - Plan to dispose of surplus funds

Current through Register Vol. 46, No. 28, July 10, 2024
After audit of the revenues and expenses of a public
					 transportation system, or through the use of certified financial statements, as
					 required by section
					 975.6,
					 if the commissioner determines that the revenues, as defined in section
					 975.4(c) 
					 of this Part, exceed the expenses, as defined in section
					 975.4(d) 
					 of this Part, the transportation system must submit a plan to dispose of the
					 surplus funds by maintaining or reducing fares or maintaining or increasing
					 services. The transportation system shall submit the plan within 30 days of
					 receiving the order in such form as may be prescribed by the Commissioner. Upon
					 approval, the plan shall be implemented as soon as practical. Upon the failure
					 of the transportation system to submit or implement a plan, the surplus shall
					 be used to reduce the proportionate shares of the State and the county,
					 municipality or Indian tribe required to make matching payments to the
					 transportation system or, in the event that no future payments are to be made
					 to the transportation system, the surplus funds shall be proportionately
					 refunded to the State and the county, municipality or Indian tribe
					 involved.
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 975.16 - Interest recovered on overpayments of state operating assistance

Current through Register Vol. 46, No. 28, July 10, 2024
In the event that an audit of a public transportation
					 system or private operator discloses the existence of an overpayment of state
					 operating assistance, recovery will include interest on the amount of the
					 overpayment in accordance with a rate to be established by the Department of
					 Taxation and Finance in addition to recovering the amount of state operating
					 assistance overpaid. The recovery of interest will be made in the case of an
					 overpayment resulting from an audit of revenue passengers and revenue vehicle
					 mile operating statistics and/or in the case of an audit of private operators
					 where more than a reasonable return based on equity or operating revenues and
					 expenses has resulted. Interest will be calculated over a time period marked
					 by:
(1) the estimated date of receipt
				  by the system of the STOA overpayment (which will be identified as the date of
				  the State Comptroller's warrant, plus five more days for delivery);
				  and
(2) the date of the Department
				  letter which provides a final determination regarding a STOA overpayment.
				  Interest will not be charged on any maximum profit overpayments discovered as
				  an outgrowth of the normal, annual regulatory cap case. Such ROE overpayments
				  are specifically exempted from interest recovery provisions.
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 975.18 - Deferred reduction in formula earnings - hold harmless provision

Current through Register Vol. 46, No. 28, July 10, 2024
Under certain circumstances where an unspecified public
					 transportation system reduces the number of vehicle miles of service, the
					 Department of Transportation may approve (for one year) the deferral of any
					 corresponding reductions in service payments. In order for the Department of
					 Transportation to approve, with the concurrence of the Director of the Budget,
					 such a deferred reduction in service payments, the following conditions must be
					 met:
(a) hold harmless eligibility
				  criteria defined:
(1) The public
				  transportation system must be a county, or city. (Services contracted directly
				  by the Department of Transportation are not eligible.)
(2) The city or county must contribute an
				  enhanced cash match as described below, toward covering the operating expenses
				  incurred by the public transportation system. A cash match contributed by a
				  private transportation provider to the city or county and returned by the
				  public transportation system to the private transportation provider for the
				  purpose of meeting the cash match requirement will not be considered an
				  eligible cash match for the purposes of this provision.
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 975.19 - Eligibility requirements for specialized transportation services for the transit disabled

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To
				  be eligible for STOA, any specialized transportation service must be available
				  to all transit disabled persons in the service area on an equal opportunity
				  basis and may not give preference to any particular client subgroup. This
				  requirement is not intended to preclude market segmentation based on the amount
				  of physical assistance required by the rider. Service must operate in
				  accordance with the published service area, hours of operation and fares.
				  Acceptable arrangements shall be made to market the availability of the
				  service.
(1) Service funding:
(i) A public transportation system may accept
				  a per passenger payment from a human service agency in lieu of collecting a
				  fare from a human service agency client. Also, the public transportation system
				  may charge the human service agency a fare higher than the fare charged to
				  other riders in those circumstances where accommodating the travel demand of an
				  agency requires the system to operate a level of service which exceeds
				  available Federal and State mass transportation operating assistance and the
				  local match to that assistance.
(ii) Where a human service agency's
				  transportation needs are met by a public transportation system, such system
				  shall continue, to the extent necessary, to use human service agency program
				  funds to cover that portion of the costs of specialized transportation services
				  not covered by fare-box, Federal and State mass transportation operating
				  assistance and the local match to that assistance.
(iii) If Federal operating assistance is
				  available, it must be included as a source of revenue to cover the costs of the
				  specialized service in at least the same proportion as it covers the costs of
				  the services to the general public. In urbanized areas, the use of Federal
				  assistance must be approved by the area's Metropolitan Planning Organization in
				  the Transportation Improvement Program. Voluntary local assistance (in excess
				  of STOA match requirements) may be substituted for available Federal operating
				  assistance.
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 975.21 - Audits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  Commissioner pursuant to sections 18-b and
				  14-g  of the Transportation Law, and any
				  city or county contracting for the provision of mass transportation services
				  pursuant to section 119-r  of the General Municipal Law has the
				  power to audit and examine the accounts, books, records, documents and papers
				  of any participating public transportation system or person, firm, or
				  corporation. In the event the system, or person, firm, or corporation refuses
				  to comply with the audit provisions, all future operating assistance payments
				  will be withheld to that system or person, firm, or corporation, until the
				  system, or person, or firm or corporation complies with the audit provisions.
				  Furthermore, the Commissioner shall be provided, upon request with copies of
				  audits performed by or in satisfaction of requirements for other levels of
				  government that directly related to the provision of governmental operating
				  aid.
(b) When either final
				  financial reports, subject to adjustment by audit, or an audit of a prior year
				  does result in an overpayment, the amount of the overpayment including interest
				  per section
				  975.16 
				  of this Part will be recovered either from the municipal sponsor or directly
				  from intercity carriers under contract from the Department. Overpayment amounts
				  can be recovered through the reduction of future STOA payments or repayment
				  from the local government. In the event there are no further STOA payments due,
				  the State will take whatever steps are appropriate to recover the
				  funds.
(c) If a county or city
				  elects to contract with a municipality, corporation, firm, or individual for
				  the provision of mass transportation services, pursuant to section 18-b  of the Transportation Law and section 119-r  of the General Municipal Law,
				  auditing expenses necessitated solely by State operating assistance program
				  participation may be considered as part of the required matching payment;
				  however, eligible annual auditing expenses may not exceed one percent of the
				  amount of state operating aid received in a year or $5,000 per subsidiary,
				  corporation or individual operator, which ever is greater.
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 975.22 - Safety

Current through Register Vol. 46, No. 28, July 10, 2024
Pursuant to the provisions of sections 1000.2(e) and
					 1000.3(d) of this Title, every public transportation system and any person,
					 firm or corporation providing mass transportation services receiving all or a
					 portion of statewide mass transportation operating assistance is required to
					 prepare, follow and publicize a plan for transportation safety. Such plan shall
					 be prepared and filed with the Public Transportation Safety Board (PTSB) in
					 accordance with section 1000.12 of this Title. As therein provided, if any
					 public transportation system or any person, firm or corporation providing mass
					 transportation services fails to file a safety plan or amendment or shall file
					 a safety plan or amendment which the Commissioner, in consultation with the
					 Safety Board, determines to be unsatisfactory, and then fails to file a
					 satisfactory safety plan or amendment within 90 days of the sending of notice
					 of such determination, or fails to follow such plan, the Commissioner is
					 authorized to withhold all state mass transportation operating assistance from
					 such system or person, firm or corporation.
The responsibility to verify that the private operator(s)
					 has adequately responded to any deficiencies regarding service safety
					 identified by the New York State Department of Transportation or the State
					 Public Transportation Safety Board rests with such offices. Notice to the
					 public transportation system will be provided should it be necessary to
					 withhold STOA from an operator(s) of mass transportation services that fails to
					 comply with a PTSB directive.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter G - Mass Transportation Operating Assistance › Part 980 - Rural Public Transportation Coordination Assistance Program Rules And Regulations › Section 980.1 - Authority

Current through Register Vol. 46, No. 28, July 10, 2024
Article 2-F of the Transportation Law established the Rural
					 Public Transportation Coordination Assistance Program and requires that the
					 Commissioner promulgate rules and regulations in order to implement the
					 provisions of that article.