Significant Regulatory Guidance

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Guide to "Opting Out" of an Agency Safety Plan Developed by State Department of Transportation

Operators of public transportation systems that are recipients and subrecipients of Urbanized Area Formula Program funds, under 49 U.S.C. § 5307, must comply with the Public Transportation Agency Safety Plan (PTASP) regulation, at 49 CFR Part 673, including the requirement to develop an Agency Safety Plan (ASP). State Departments of Transportation (DOTs) must draft and certify ASPs on behalf of small public transportation providers (§ 673.11(d)), defined as those providers that:

  • Operate 100 or fewer vehicles in revenue service during peak regular service across all fixed route modes;
  • Operate 100 or fewer vehicles in revenue service during peak regular service in each non-fixed route mode; and
  • Do not operate rail fixed guideway public transportation (§ 673.5).

A small transit provider may develop its own ASP in lieu of adopting an ASP drafted by the State. Regardless of who drafts and certifies the ASP, each transit provider must carry out and implement the ASP.

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