§ 425.7. Fares.
(a) In the determination of contract rates for shared ride services, the cost of the service shall be distributed based upon multiple passengers in the vehicle, and the distribution shall be reflected in the fare structure. The shared-ride fare structure shall be lower than an equivalent exclusive ride fare. Per person fares on a shared-ride system may not be set to cover the total cost of the trip, and fares established on that basis are not eligible for reimbursement under the program.
(b) Reimbursement under the program is based upon the lower of one of the following:
(1) Tariffs approved by the Pennsylvania Public Utility Commission for shared ride services offered by transportation companies and incorporated in the contractor’s application or an amendment thereto.
(2) A contract rate, approved by the Department. Amendment to contracts and contract rates shall be similarly approved by the Department.
(c) Transportation companies utilizing Pennsylvania Public Utility Commission fares shall provide the Department and a coordinator designated under § 425.13a (relating to coordination) with prior notice and a copy of applications filed with the Pennsylvania Public Utility Commission for the modification of the fares, and no Pennsylvania Public Utility Commission approved fares may be utilized for purposes of this program unless the Department and the coordinator were provided the notice.
(d) Amendments to fares established by contract with the Department shall be approved in writing before they may form the basis for reimbursement under the program.
(e) A contractor is eligible for program reimbursement only if senior citizen passengers pay to the contractors 25¢ or 10% of the individual shared-ride fare, whichever is greater, except as otherwise provided in § 425.13 (relating to third party sponsorship).
(f) For reimbursement purposes, the senior citizen 10% share shall be rounded upward to the nearest nickel. The difference between the shared-ride fare and the rounded up senior citizen fare shall be used in calculating reimbursement under this section.
(g) Fares may not be based upon expenses which include nontransportation related inducements, commercial coventures or rebates.
(h) Except as provided in § 425.13, contractors may not directly or indirectly pay the senior citizen share.
(i) In order to be eligible under the program, county transportation systems and local transportation organizations may not design their fare structure to generate a profit from program services. Profits generated by county transportation systems and local transportation organizations are subject to refund to the Department.
(j) A contractor receiving operating assistance through other public transportation grants or subsidies may not use program reimbursement to subsidize another portion of the contractor’s transit operation.
(k) A contractor had until February 3, 1986 to comply with this section. Compliance with subsection (c) for a contractor who is designated a coordinator after November 1, 1986 is required when the contractor enters into agreements with Pennsylvania Public Utility Commission regulated carriers.
Authority The provisions of this § 425.7 amended under section 205(5)(v) of the Pennsylvania Urban Mass Transportation Law (55 P. S. § 600.205(5)(v)).
Source The provisions of this § 425.7 adopted January 3, 1986, effective February 1, 1986, 16 Pa.B. 24; corrected January 17, 1986, 16 Pa.B. 194; amended November 7, 1986, effective November 8, 1986, 16 Pa.B. 4414; readopted December 28, 1990, effective December 29, 1990, 20 Pa.B. 6391. Immediately preceding text appears at serial pages (122909) to (122911).
Notes of Decisions Department of Transportation did not violate notice provisions of the Commonwealth Documents Law (45 P. S. § § 1201—1202) where final regulations did not enlarge purpose of proposed regulations; further, regulations were promulgated according to provisions of Regulatory Review Act (71 P. S. § § 745.1—745.4), and did not exceed authority of PennDOT. Brocal Corporation v. Department of Transportation, 528 A.2d 114 (Pa. 1987).
Cross References This section cited in 67 Pa. Code § 425.5 (relating to applications).
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