Oregon Administrative Rules Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION
Oregon Administrative Rules Chapter 732 — Department of Transportation, Public Transportation Division
Overview
OAR Chapter 732 outlines the administrative rules governing the Public Transportation Division of the Oregon Department of Transportation (ODOT). This division oversees and supports the development, funding, regulation, and operation of public transportation services across Oregon.
The rules ensure that public transportation services are safe, efficient, accessible, and compliant with state and federal laws.
Purpose
To promote coordinated public transit systems statewide.
To regulate funding and grants for public transit projects.
To establish standards for safety, accessibility, and service quality.
To ensure public transportation services meet community needs.
Key Areas Covered by OAR Chapter 732
1. Funding and Grants
The rules govern the application, distribution, and monitoring of state and federal funds allocated to public transit providers.
Public transit agencies must comply with reporting requirements and use funds for approved purposes.
The division reviews grant applications and monitors compliance.
2. Certification and Reporting
Transit providers must be certified by the division to receive funds.
Regular reporting on service performance, ridership, safety incidents, and financial status is required.
Compliance with reporting ensures transparency and accountability.
3. Safety and Compliance
The rules establish safety standards for vehicles, facilities, and operations.
Operators must adhere to maintenance schedules, driver qualifications, and emergency preparedness.
The division may conduct audits and inspections.
4. Accessibility and Non-Discrimination
Transit services must comply with the Americans with Disabilities Act (ADA) and state accessibility standards.
Providers must ensure nondiscriminatory access for all riders, including those with disabilities.
5. Planning and Coordination
Encourages coordinated planning among transit providers, local governments, and the state.
Supports integrated regional transit systems and improved mobility options.
Legal Principles Underlying OAR Chapter 732
Administrative Authority: The Public Transportation Division is empowered by the state legislature to regulate public transit within Oregon.
Accountability: Rules require responsible stewardship of public funds and services.
Public Welfare: Ensures transit systems serve the public interest, including marginalized populations.
Compliance with Federal Law: Integrates federal mandates like ADA and transit funding requirements.
Relevant Case Law
While case law specifically addressing OAR Chapter 732 may be limited, related administrative and public transportation law cases provide context:
1. State ex rel. Transportation Commission v. City of Springfield (Hypothetical Example)
Issue: Whether the state transportation division had authority to withhold funds due to non-compliance with reporting.
Holding: Courts generally uphold agency discretion in enforcing compliance to ensure proper use of public funds.
Significance: Supports OAR Chapter 732’s enforcement mechanisms.
2. Jones v. Public Transit Provider (Hypothetical Example)
Issue: A rider alleged failure to provide ADA-compliant service.
Holding: Courts require transit providers to meet federal and state accessibility standards.
Significance: Reinforces the division’s role in ensuring accessibility under the rules.
Enforcement and Compliance
The division conducts audits and investigations of transit providers.
Providers failing to comply risk loss of funding or certification.
Appeals processes exist for contested agency actions.
Summary
OAR Chapter 732 governs the regulation and oversight of public transportation services in Oregon.
It addresses funding, certification, safety, accessibility, planning, and reporting requirements.
The Public Transportation Division ensures effective, safe, and equitable transit systems.
Administrative law principles empower the division to enforce compliance and protect public interests.
Case law upholds agency discretion and enforces federal accessibility requirements in public transit contexts.
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