S.B. 1703, section 132354.5 (California) states that "nothing in the
Chapter authorizes SANDAG to operate public transit systems. What is
the definition of the word "operate" and does dispatch of vehicles
constitute "operations"? |
Request for Question Clarification by
pafalafa-ga
on
02 Nov 2005 17:32 PST
moldova-ga,
Hmmm. I've written a fair amount of legislative language in my time,
and that bit of language is -- how shall I say it -- Odd! It doesn't
authorize the operation of public transit. But it doesn't prohibit
it, either. Seems to me to sort of straddle the fence, leaving me to
wonder, 'What was the point?'
Anyway, in the absence of explicity definitions, these terms have to
be taken in farily ordinary context, I would think. A 'public transit
system' isn't an agency motor pool, it's a system of buses, trains,
shuttles, and the like to move around large numbers of the public -- a
mass transit system! "Operate" in this context would mean running the
system.
While that seems plain on its face, there are always nuances having to
do with the history and intent of this particular bill -- an intent
that can't be explored in the context of a $15 question, I'm afraid.
However, a section of the bill authorizes the agency to "...purchase
transit equipment such as cars, trolley buses, motorbuses, light rail
vehicles, or rolling equipment..."
If they can purchase it, there's a strong presumption, I would think,
that at some point they would have to operate it, at least in a
limited capacity.
I doubt the simple 'dispatch of vehicles' would run counter to the
language of the bill. But then again, what do you mean by 'dispatch
of vehicles'?
Can you provide a bit more context?
pafalafa-ga
|
Clarification of Question by
moldova-ga
on
03 Nov 2005 10:06 PST
A dispatch service would be a central office that would take calls,
dispatch and monitor the transit lines offering ADA service. The
dispatch would call out the bus/van/etc. that serves the area of the
caller. The dispatcher would work for the dispatch office and not any
transit server. I am just trying to find out if a dispatch office
could be set up under 1703 or whether it would be thought of as
"operating". I could not find any definition in CA statutes about
operating a transit service so I am just as confused, no, more
confused by the statute than before I started. Would it help if I
upped the price?
|
Request for Question Clarification by
pafalafa-ga
on
03 Nov 2005 10:20 PST
Upping the price ALWAYS helps. Though frankly, I'm not sure you'll
get a clear-cut answer to your question at any price.
I suspect you might be focusing on a term of secondary importance.
The real key, to my mind, is the meaning of "public transit", which
probably has enough of a legislative context to arrive at a pretty
clear-cut definition.
I doubt that the dispatch service you describe would rise to the level
of a "public transit system", but it would take a lot of digging to
really back this up. It would be much more of an effort than $15
could buy.
But...isn't there an in-house lawyer that SANDAG could run this by?
That would certainly be the option of first choice, I would think.
Let me know your thoughts...and best of luck.
pafalafa-ga
|
Clarification of Question by
moldova-ga
on
08 Nov 2005 09:58 PST
You are right...much to involved for a $15 question, but probably much
too involved at any price and my finances are limited to say the
least. I do appreciate your help though and will use this service
again with hopefully an easier question. You have been most kind to
lead me to the direction I need to go which is (I agree with you) what
is the definition of a public transit system.
Thanks again,
MM
|
Request for Question Clarification by
pafalafa-ga
on
08 Nov 2005 11:23 PST
moldova-ga,
Thanks...and hope to see you back here one of these days.
Good luck with your research.
paf
|
