§ 425.4. Eligible services.

 (a)  In order to be reimbursable under the program, services shall be shared-ride.

 (b)  In order to be reimbursable under the program, the trip shall be scheduled at least 1 working day prior to the trip.

 (c)  In order to be reimbursable under the program, services shall be open to the general public, except county transportation systems may offer restricted services. Advertising for program services shall state that the services are available to the general public.

 (d)  Advertising by an eligible applicant which is not a county transportation system offering restricted services, may not use a term or phrase which would suggest that the service is only for senior citizens.

 (e)  Interstate trips are not reimbursable under the program, unless the following apply:

   (1)  The trip is for medical purposes.

   (2)  The trip to a comparable in-State medical facility would be a greater distance than traveling out-of-State.

   (3)  There is an established shared-ride fare to the out-of-State facility.

   (4)  The trip is part of a specific Department-approved operating plan.

 (f)  An eligible applicant shall undertake reasonable efforts to encourage senior citizens to utilize free fixed route transportation when these services are available and represent an appropriate alternative to shared-ride services. An annual plan to encourage the use of free fixed route transportation shall be developed by an eligible applicant in consultation with local senior citizens’ organizations. The plan shall be approved by the designated coordinator for eligible applicants subject to coordination requirements under §  425.13a (relating to coordination), or by the Department for an eligible applicant not subject to coordination requirements.

 (g)  A contractor had until February 3, 1986 to comply with this section, except for subsection (f) which became effective July 1, 1986. A contractor who is a designated coordinator after November 1, 1986 shall be in compliance with subsection (f) when the contractor enters into agreements with carriers.

Authority

   The provisions of this §  425.4 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 §  425.4 adopted January 3, 1986, effective February 3, 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 (122904) to (122905).

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).



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