17B-2a-805. Limitations on authority of a public transit district.

267 words·~1 min read·/ut/title-17b/chapter-2a/17b-2a-805

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A public transit district may not exercise control over a transit facility or public transit service or system owned or operated inside or outside the district by a governmental entity unless, upon mutually agreeable terms, the governmental entity consents.

(a)A public transit district may not establish, directly or indirectly, a public transit service or system, or acquire a facility necessary or incidental to a public transit service or system, in a manner or form that diverts, lessens, or competes for the patronage or revenue of a preexisting system of a publicly or privately owned public carrier furnishing like service, unless the district obtains the consent of the publicly or privately owned carrier.

(b)A public transit district's maintenance and operation of an existing system that the district acquires from a publicly or privately owned public carrier may not be considered to be the establishment of a public transit service or system under this Subsection

(2).

(c)A public transit district's introduction, maintenance, or operation of a system may not be considered to be the establishment of a public transit service or system under this Subsection

(2)if the service or system is introduced, maintained, or operated by the public transit district:

(i)as part of a program of projects approved by the Federal Transit Administration;

(ii)in cooperation with the state or a political subdivision of the state, pursuant to an interlocal agreement; or

(iii)in accordance with Title 72, Chapter 12, Travel Reduction Act .

Amended by Chapter 146 , 2011 General Session