ARLINGTON, Va. Charter rules violations by public transit agencies may be far more widespread than federal transit officials have previously acknowledged, information presented here last month suggests.

A Federal Transit Administration policy analyst told members of the Charter Bus Negotiated Rulemaking Advisory Committee at their July meeting that the agencys Triennial Review Program turned up instances of apparent charter rules violations at 55 transit agencies during the three-year period 2003-05.

In the past, FTA officials have insisted based on the number of actual complaints filed by private bus operators -- that charter rules violations were rare.

In fact, two years ago, the FTA sent a report to Congress repeating its contention that the charter service issue was not a big deal because "few complaints" are filed with the agency and its regional offices.

But while then-FTA Administrator Jenna Dorn was delivering that message to Congress, the FTA program of transit agency reviews was turning up findings of charter rules violations at roughly 11 percent of the agencies it was examining.

But the incidences of violations may be far more common than those figures indicate. Thats because the Triennial Review Program is not specifically designed to ferret out charter rules violations and violators. The program is primarily an examination of transit agency policies and practices; it is not an audit or investigation.

One transit executive attending the rulemaking committee meeting called the process the "What-me-worry review."

The program looks at 23 different areas of a transit agencys operations, ranging from legal and financial, to procurement, maintenance, Buy America, drug and alcohol enforcement, and safety and security. Charter bus rules are No. 16 on the list of 23.

The examination consists of what is called a "desk review" of hundreds of documents submitted by the transit agency as part of the process, and a "quick, in-and-out" visit by one of five contractors hired by the FTA to conduct the reviews. The in-and-out visit typically lasts no more than three days, often fewer.

During the review, the agency might be asked nine questions related to charter bus service. But it is question No. 1 that is the most critical and usually determines whether the other eight are asked. Question No. 1 goes like this: Does the transit agency or any sub-recipients of its funds, contractors or lessees operate charter service?

If the transit agency answers "no," then the examination generally goes no further and any charter rules violations go undiscovered.

And that may be happening more often than not. Heres why:

Despite the seemingly straightforward nature of the question, the fundamental flaw is that scores of transit agencies apparently do not understand what constitutes charter bus service; or they have deliberately chosen to define charter service to their own liking; or they have decided to ignore the charter rule because of local demands, or they have taken the position the FTA has no business determining whether they provide charter service because the federal agency provides only a small chunk of the agencys funding.

So, when theyre asked about charter service, they simply say "we dont do it." The reviewer moves on to item No. 17.

Based on statements made by transit members of the Charter Bus Negotiated Rulemaking Advisory Committee, many of their agencies appear to be violating the rules.

One transit agency represented on the committee offers monthly "getaways" throughout Southern California, including a casino run in October thats going 160 miles from the agencys base city. That trip and the other "getaways," including one this month to Santa Barbara, are clearly charters.

Another transit agency represented on the committee that gets the majority of its money from state and local subsidies, and a minority from the FTA, thinks because the FTA is a smaller contributor to its funding that makes it okay to offer charter service. Never mind that federal law says that if a public transit agency gets one dollar of what are called "5307" funds from the FTA, it cannot provide charter service except under prescribed exceptions.

When a Triennial Review turns up a finding of charter rules violation, the information is forwarded to the FTA. The regional FTA administrator typically gives the offending agency 45-60 days to take corrective action. It is not clear what happens if the agency refuses to act.

Private operators interested in finding out whether the Triennial Review of the transit agency in their community has turned up evidence of charter rules violations can file a federal freedom of information request with the FTA and obtain a copy of the pertinent documents.

Go to www.fta.dot.gov/legal/regulations/us_dot/5593_ENG_HTML.htm for information about how to file a freedom of information request, also known as a FOIA, with the FTA. The Web site instructs that the request be sent to the FTA in Washington, but filing it directly with the FTA regional office in the area where the transit agency is located could produce the documents quicker.

At a minimum, a request should ask for the Charter Bus section of the agencys two most recent Triennial Reviews.

Private operators also can file FOIAs with the transit agency itself under state freedom of information laws. The request should be sent to the transit agencys director, requesting copies of contracts, letters, memorandums and other documents pertaining to bus service provided by the agencys special services and/or charter department.

Private operators who have evidence that their local transit agency is providing charter but who do not want to go through the hassle of filing a formal complaint with the FTA, should consider sending a letter outlining their allegations to the regional FTA administrator and regional FTA legal counsel, plus the transit agency.

At a minimum, the letter will surface during the transit agencys next Triennial Review and the FTA will ask questions.

Both the United Motorcoach Association and the American Bus Association routinely help their members with federal charter service rules questions and filings. And increasingly, organizations like Trailways, International Motor Coach Group and state associations are getting involved with the issue as well.