WASHINGTON The American Public Transportation Association has found a way for its members to legally skirt the federal charter service rule that limits the charter work that tax-supported transit agencies are allowed to do.

It simply requires a city that hosts its big meeting and convention to provide free transportation for the more than 17,000 transit professionals who usually show up for the gatherings.

Thats what APTA did in lining up New Orleans to host its Expo 2011, which happens Oct. 2-5, and its scheme has upset local independent bus operators, as well as the United Motorcoach Association.

Convention officials in New Orleans accepted the free transportation requirement and the New Orleans Regional Transit Authority stepped up and agreed to provide the bus service and other transportation needs for the Expo at no cost and with no reimbursement.

It said there would be no fare for the daily shuttles between the hotels and the convention center and several special bus tours planned by the association.

The no-fare and no-reimbursement arrangement clears NORTA from the federal charter service rule provision that requires public transit agencies to notify independent motorcoach companies when they want to provide a charter and give it up if any of the private carriers say they are able to take on the job.

NORTA general counsel Sundiata Haley said the shuttles and tours did not violate the federal charter service rule and were approved by the general counsel for the regional office of the Federal Transit Administration in Texas, Eldridge Onco.

"There doesnt appear to be a charter service issue here," Onco wrote in an e-mail to NORTA. "As you know, under FTAs charter service rule, transportation is not considered charter service if there isnt a fare charged to passengers and if the transportation costs are not reimbursed in whole or in part by a third party."

Haley said the approval by the regional office that covers Louisiana and several other states negated the need for NORTA to seek an advisory opinion from the FTA headquarters prior to agreeing to do the work. Under the charter rule, transit agencies may seek an opinion from the FTA general counsel when there are concerns or complaints about a charter service they are planning.

"Seeing that it had been approved by the FTA regional office, I didnt see the necessity to ask for an opinion," he added.

Haley said the cost of the service, which will be fully covered by NORTA, could not be determined until after the convention is over and an accounting of the amount of work performed by the agency is compiled.

Ken Presley, UMA vice president and chief operating officer, said he was disappointed APTA insisted it be given free transportation services as a condition for the city hosting its convention, and that NORTA agreed to provide it rather than allow private carriers who wanted the work and were willing to do it.

"Our member operators in the New Orleans area are still recovering from the aftermath of (hurricane) Katrina only to be further impacted by the recession and poor economy," he wrote in a message to NORTA. "These companies and their employees depend on local convention work to make ends meet."