# 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:
*Administrator* means the Administrator of the Federal Transit Administration or his or her designee.
*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.
*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.
*Chief Counsel* means the Chief Counsel of FTA and his or her designated employees.
*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.
*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.
*Exclusive* means service that a reasonable person would conclude is intended to exclude members of the public.
*Federal Transit Laws* means 49 U.S.C. 5301 *et seq.* and includes 23 U.S.C. 142(a) and 142(c), when used to provide assistance to public transit agencies for purchasing buses and vans.
*FTA* means the Federal Transit Administration.
*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.
*Government official* means an individual elected or appointed at the local, State, or Federal level.
*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.
*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.
*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.
*Program purposes* means transportation that serves the needs of either qualified human service organizations 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 in this definition.
*Public transportation* has the meaning set forth in 49 U.S.C. 5302(15).
*Qualified human service organization* means an organization that serves persons who qualify for federally conducted or federally assisted transportation-related programs or services due to disability, income, or advanced age. This term is consistent with the President's Executive Order (E.O.) on Human Service Transportation Coordination (E.O. 13330).
*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.
*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 website.
*Registration list* means the current list of registered charter providers and qualified human service organizations maintained on FTA's charter registration website.
*Special transportation* means demand response or paratransit service that is regular and continuous and is a type of “public transportation.”
*Violation* means a finding by FTA of a failure to comply with one of the requirements of this part.