Article 5. Transit Facilities And Service of California Public Utilities Code >> Division 10. >> Part 15. >> Chapter 5. >> Article 5.
The district may provide transit service within or without
the district for the transportation of passengers and their
incidental baggage and parcels by any means.
The district may operate charter bus service subject to the
(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
The district may acquire, construct, own, operate, control,
or use rights-of-way, rail lines, buslines, stations, platforms,
switches, yards, terminals, parking lots, and any and all facilities
necessary or convenient for transit service within or without the
district, underground, upon, or above the ground and under, upon, or
over public streets or other public ways or waterways, together with
all physical structures necessary or convenient for the access of
persons or vehicles thereto, and may acquire any interest in, or
rights to, the use or joint use of any or all of the foregoing.
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 facilities and services for the district.
The district may construct and operate, or acquire and
operate, transit works and 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 which are the property of the
state, to the same extent that such rights and privileges
appertaining thereto are granted to municipalities within the state.
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 and may enter into
agreements with any public agency or public utility operating any
transit facilities, 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
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 the operation of buses and to the rules and regulations
enforceable by the Department of the California Highway Patrol
pursuant to that chapter regulating the safe operation of buses.
The district and any one or more school districts located
within the district may enter into agreements pursuant to which
school transportation equipment may be used for transit purposes
within the district during any time that such equipment is not
actually required for school purposes.
No interconnection shall be made into fixed right-of-way
facilities of the San Francisco Bay Area Rapid Transit District
without the approval of the voters of the district at an election
called for the purpose of securing such approval. Any fixed
right-of-way facilities shall be in compliance with Section 66515.5
of the Government Code.