§ 425.2. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Act—The Pennsylvania Urban Mass Transportation Law (55 P. S. § §  600.101—600.407).

   Area agency on aging—The local agency designated within a planning and service area to administer the delivery of a comprehensive and coordinated plan of social and other services and activities.

   Contractor—The eligible applicant under §  425.3 (relating to eligible applicants) or a coordinator responsible for shared-ride services.

   County transportation system—Buses, vans or other vehicles purchased, maintained and operated by a county and used to provide free or reduced rate transportation within the county to persons 65 years of age or older.

   Demand-responsive—Services which are available only upon advance reservation by the passenger.

   Department—The Department of Transportation of the Commonwealth.

   Health care facility—A general or special hospital including tuberculosis and psychiatric hospitals, rehabilitation facilities, skilled nursing facilities, kidney disease treatment centers, intermediate care facilities, drug or alcohol abuse or dependence centers, county health departments, community mental health centers, mental retardation centers and ambulatory surgical facilities. These facilities are both profit and nonprofit and include those operated by State or local governments. The term does not include offices used exclusively for private or group practice by health care practitioners and facilities providing health care services exclusively to a religious organization or for persons in the religious profession.

   Live vehicle hours—The number of clock hours vehicles are used in providing shared-ride transportation services and passengers are on board the vehicle.

   Local transportation organization—A political subdivision or mass transportation, port, redevelopment or airport authority organized under the statutes of the Commonwealth or under an interstate compact or otherwise empowered to render, contract for the rendering or assist in the rendering of transportation service in a limited area of this Commonwealth, even though it may render or assist in rendering transportation service in adjacent states.

   Nonambulatory persons—Persons 65 years of age or older who are confined to wheelchairs, require the use of a lift or ramp in order to board and exit a van or small bus, or who, because of mental disability, are unable to travel alone and require the assistance of an escort, who cannot also serve as the driver, employed by the contractor.

   Nonambulatory service—Service to persons who, because of a physical disability, require the use of vehicles specially equipped with wheelchair lifts or ramps.

   Nonprofit social service organization—A nonprofit corporation organized exclusively for the purpose of promoting social welfare or for charitable purposes, excluding organizations primarily concerned with providing religious or spiritual services.

   PACE—The Pharmaceutical Assistance Contract for the Elderly program (62 P. S. § §  2901—2908).

   Program—Grants authorized by section 203(5)(ii) and (iii) of the act (55 P. S. §  600.203(5)(ii) and (iii)).

   Senior citizen—A person 65 years of age or older.

   Shared-ride—Public transportation services which include demand-responsive transportation that is available to the general public, operates on a nonfixed-route basis and charges a fare to riders. The term does not include exclusive ride taxi or call or demand service, charter, special excursion and sightseeing service, nonpublic transportation, and school bus or limousine service. The first farepaying passenger to enter the public transportation vehicle may not refuse to share the vehicle with other passengers during a given trip.

   Transportation company—A person, firm or corporation rendering public passenger or public passenger and mail transportation service, with or without the rendering of other service, in this Commonwealth under common carrier authorization from the Pennsylvania Public Utility Commission or the Interstate Commerce Commission. The term includes a person, firm or corporation arranging for public passenger or public passenger and mail service and includes service offered under broker authorization from the Pennsylvania Public Utility Commission or the Interstate Commerce Commission.

   Urbanized area—An area so designated by the United States Bureau of Census and considered as such under the Urban Mass Transportation Act of 1964 (49 U.S.C.A. § §  1601—1618).


   The provisions of this §  425.2 adopted January 3, 1986, effective February 3, 1986, 16 Pa.B. 24; corrected January 17, 1986, 16 Pa.B. 194; readopted December 28, 1990, effective December 29, 1990, 20 Pa.B. 6391. Immediately preceding text appears at serial pages (122902) to (122904).

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, 116 (Pa. 1987).

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