Article 5. Transit Facilities And Service of California Public Utilities Code >> Division 10. >> Part 12. >> Chapter 5. >> Article 5.
The district may provide transit service for the
transportation of passengers and their incidental baggage by any
The authority may provide facilities, including streets
and highways, for the movement of vehicles, bicycles, and
pedestrians. All installations in state highways shall be developed
and implemented with the concurrence and under the oversight of the
Department of Transportation. The installation shall conform to
requirements and regulations established by the Department of
The authority may enter into agreements with any city
within the territory of the authority or with the County of Santa
Clara to improve a street, road, highway, or expressway under the
jurisdiction of the city or county. This section does not apply to
highways under the jurisdiction of the state, unless specifically
permitted elsewhere in statute.
The district may operate charter bus service subject to
the following limitations:
(a) No bus equipment which is designed solely for charter service
shall be purchased. A bus equipped with a toilet or underfloor
baggage compartment shall be deemed charter equipment.
(b) The board shall hold a public hearing prior to adopting a
charter rate schedule or any amendment thereof. Notice of the hearing
shall be mailed to each charter-party carrier operating within the
district at least 30 days prior to the hearing. The notice shall
include the proposed charter rate schedule. At the close of the
public hearing the board may adopt charter rate schedules which shall
not be less than the average for the three largest private
charter-party carriers operating similar service in the district.
(c) Charter service shall originate and terminate within the area
served by the district unless a private charter-party carrier
requests the district to provide service beyond the area served by
(a) The authority may acquire, construct, own, operate,
control, or use rights-of-way, rail lines, buslines, stations,
platforms, switches, yards, terminals, and any and all facilities
necessary or convenient for transit service within or partly without
the authority, underground, upon, or above the ground and under,
upon, or over public streets or other public ways or waterways,
together with all physical structures, including parking lots and day
care centers and related child care facilities, that are necessary
or convenient for the access of persons or vehicles thereto. The
authority may acquire any interest in or rights to use or the joint
use of any or all of those facilities.
(b) The authority may acquire, construct, and provide for repair
and maintenance of any and all facilities necessary or convenient for
vehicular and pedestrian transportation, within or partly without
the boundaries of the authority, underground, upon, or above the
ground, together with all physical structures, including parking lots
and soundwalls, that are necessary or convenient therefor. In this
connection, the authority may exercise any power with respect to
highways granted to counties under Article 1 (commencing with Section
760) of Chapter 4 of Division 1 of the Streets and Highways Code in
connection with any project included in the countywide transportation
plan and an adopted regional transportation plan, but shall not
usurp or impinge upon the powers and responsibilities granted to the
county with regard to county highways. Highway and other
transportation expenditures shall be consistent with adopted regional
transportation plans and programs.
(c) Authority installations in freeways shall be subject to the
approval of the Department of Transportation. Installations in other
state highways shall be subject to Article 2 (commencing with Section
670) of Chapter 3 of Division 1 of the Streets and Highways Code.
Installations in county highways and city streets shall be subject to
similar encroachment permits.
(d) The authority shall not use any state transportation funds,
including, but not limited to, money in the State Highway Account, or
the Transportation Planning and Development Account, in the State
Transportation Fund, and passenger rail and clean air bond act money
to acquire, construct, or operate day care centers and related child
The district may lease or contract for the use of its
transit facilities, or any portion thereof, to any operator, and may
provide for subleases by such operator upon such terms and conditions
as it deems in the public interest. The word "operator" as used in
this section means any public agency or any person.
The board may contract with any public agency or person to
provide transit or transportation facilities and services for the
(a) The authority may construct and operate or acquire and
operate transit works and facilities and may construct, acquire, and
provide for repair and maintenance of transportation facilities, in,
under, upon, over, across, or along any state or public highway or
any stream, bay or watercourse, or over any of the lands that are the
property of the state, to the same extent that the rights and
privileges appertaining thereto are granted to municipalities within
(b) (1) Notwithstanding subdivision (a), and subject to the
approval of the Department of Transportation, the authority may
provide funding for the repair and maintenance of state highways
within the boundaries of the authority.
(2) The authority shall not directly, or indirectly, except by
providing funding pursuant to paragraph (1), repair or maintain any
The district may enter into agreements for the joint use of
any property and rights by the district and any public agency or
public utility operating transit facilities; may enter into
agreements with any public agency or public utility operating any
transit facilities, and wholly or partially within or without the
district, for the joint use of any property of the district or of
such public agency or public utility, or the establishment of through
routes, joint fares, transfer of passengers or pooling arrangements.
The rates and charges, if any, for transit service
furnished pursuant to this part shall be fixed by the board and shall
The district shall be subject to the provisions of Division
14.8 (commencing with Section 34500) of the Vehicle Code with
respect to operation of buses and to the rules and regulations
enforceable by the State of California Highway Patrol pursuant to
that chapter regulating the safe operation of buses.
The district shall be subject to the regulations of the
Public Utilities Commission relating to safety appliances and
procedures, and the commission shall inspect all work done pursuant
to this part and may make such further additions or changes necessary
for the purpose of safety to employees and the general public. The
commission shall enforce the provisions of this section.
The district and any one or more school districts located
within its boundaries may enter into agreements pursuant to which
school transportation equipment may be used for transit purposes
within the district's boundaries during any time that such equipment
is not actually required for school purposes.