Audit of the Berkshire Regional Transit Authority Overview of Audited Entity

This section describes the makeup and responsibilities of the Berkshire Regional Transit Authority.

Overview

Chapter 161B of the Massachusetts General Laws established regional transit authorities (RTAs), which provide public transportation services for communities outside the reach of the Massachusetts Bay Transportation Authority. This law defines the roles and responsibilities for these authorities and the municipalities in which they operate. Each RTA has an advisory board composed of elected officials from the communities in which they operate (e.g., selectperson or mayor), as well as one representative of the disabled commuter population¹ and one representative of the local rider community. The advisory boards appoint administrators, establish bylaws, and approve budgets and changes to RTA services.

Section 53 of Chapter 6C of the General Laws makes the Rail and Transit Division of the Massachusetts Department of Transportation (MassDOT) “responsible for overseeing, coordinating and planning all transit and rail matters throughout the commonwealth,” including intercity buses, the Massachusetts Bay Transportation Authority, and RTAs.

Source: MassDOT—Rail and Transit Division (https://www.mass.gov/info-details/public-transportation-in-massachusetts)

Currently, there is a network of 15 RTAs operating in the Commonwealth, in addition to the transit services provided by the Massachusetts Bay Transportation Authority. These RTAs serve a total of 272 cities and towns outside the greater Boston area. RTAs are funded through a combination of state appropriations, federal grants, local governments, transit fares, and other sources. State appropriations for the 15 RTAs increased from approximately $80 million in fiscal year 2018 to approximately $94 million in fiscal years 2021 and 2022.

Americans with Disabilities Act–Required Paratransit Services

The Americans with Disabilities Act (ADA) of 1990 recognized that some individuals’ disabilities prevent them from using a fixed-route² transit system. Section 37(F) of Title 49 of the Code of Federal Regulations, which covers the transportation and related stipulations of ADA, states,

Each public entity operating a fixed route system shall provide paratransit or other special service to individuals with disabilities that is comparable to the level of service provided to individuals without disabilities who use the fixed route system.

The above regulation also establishes minimum levels of service that RTAs must provide for ADA-required paratransit services.

Berkshire Regional Transit Authority

The Berkshire Regional Transit Authority (BRTA) was established in 1974 and reports to MassDOT’s Rail and Transit Division under Chapter 25 of the Acts of 2009. According to its website, BRTA’s mission is “to provide an efficient and effective public transportation service to enhance the economic vitality of the member communities through improved access to jobs, education, and the marketplace.” BRTA’s administrator, hired by the advisory board, is responsible for the day-to-day administration of the agency.

BRTA provides transportation services to the following 30 cities and towns: Adams, Alford, Becket, Cheshire, Clarksburg, Dalton, Egremont, Florida, Great Barrington, Hancock, Hinsdale, Lanesborough, Lee, Lenox, Monterey, Mount Washington, New Ashford, New Marlborough, North Adams, Otis, Peru, Pittsfield, Richmond, Savoy, Sheffield, Stockbridge, Washington, West Stockbridge, Williamstown, and Windsor. BRTA operates local fixed-route and demand-response transportation services³ within the 384-square-mile Berkshire County, serving a population of over 121,500. BRTA’s operations include a network of 14 local transit routes. The local fixed-route service operates six days a week. Weekday service runs from 5:30 a.m. to 11:15 p.m., and Saturday service runs from 6:30 a.m. to 9:45 p.m. Buses and minibuses provide transit services to the vast majority of BRTA’s riders, and its vans⁴ provide ADA-required paratransit services.

During the audit period, BRTA contracted with Berkshire Transit Management, Inc., a privately operated company, to provide transit management and operations services for its fixed-route bus and demand‑response transportation services provided to paratransit riders.

BRTA managed all ADA-required paratransit and demand-response transportation services provided during the audit period using a transit scheduling and dispatching system.

Performance Targets for ADA-Required Paratransit Services

BRTA has a memorandum of understanding with MassDOT that includes on-time performance targets. These performance targets include a minimum on-time pickup rate for trips.

According to this memorandum of understanding, BRTA was to pick up at least 96.25% of riders within the scheduled pickup window for fiscal years 2021, 2022, and 2023.⁵

On-Time Performance

BRTA uses a 20-minute pickup window (15 minutes before and 5 minutes after the scheduled pickup time) for its on-time performance target. For example, if a rider has a scheduled pickup time of 7:45 a.m., the driver is considered on time if they arrive between 7:30 a.m. and 7:50 a.m. Depending on their arrival time, a driver will only wait either 5 minutes beyond the scheduled pickup time or 5 minutes beyond the time they arrive, whichever is later.

Untimely Drop-offs

BRTA uses a 20-minute drop-off window (15 minutes before and 5 minutes after the scheduled drop‑off time) for its drop-off performance target. For example, if a rider has a scheduled drop‑off time of 9:00 a.m., the driver is considered on time if the driver arrives at the drop-off location between 8:45 a.m. and 9:05 a.m. BRTA considers any drop-off outside of this window an untimely drop-off.

Missed Trips

For BRTA’s ADA-required paratransit services, a trip is considered missed when a driver arrives more than 30 minutes after the scheduled pickup time.

ADA Paratransit Complaints

ADA paratransit complaints are complaints related to ADA-required paratransit services. According to Section 27.13 of Title 49 of the Code of Federal Regulations, transportation programs that receive federal funding must adopt complaint procedures and designate a responsible employee to coordinate these procedures.

Customer service representatives from BRTA’s contracted paratransit provider receive ADA paratransit complaints from riders by telephone, email, mail, or in person. Upon receipt of one of these complaints, these customer service representatives record relevant information about the incident (such as the date, time, vehicle number, route, and complaint description) on a customer feedback form, then provide the complainant with an acknowledgment receipt. BRTA’s contracted paratransit provider has five calendar days to investigate the complaint, after which they determine whether the complaint is valid. The contracted paratransit provider considers a complaint valid if it can verify that events occurred as described in the complaint, whereas it considers a complaint invalid if it cannot confirm that events occurred as described in the complaint. BRTA’s contracted paratransit provider forwards complaints considered valid to BRTA’s civil rights officer, who determines whether any remedial action should be taken to address the complainant’s concern. BRTA’s civil rights officer notifies the complainant of the investigation determination within seven calendar days after BRTA makes its determination. If the complainant disagrees with BRTA’s determination, then they may submit an appeal in writing to BRTA’s administrator within 30 days of the date of the determination letter.

BRTA Paratransit Ridership Information

The table below summarizes BRTA’s paratransit information for fiscal years 2021, 2022, and 2023. 

	Fiscal Year 2021*	Fiscal Year 2022*	Fiscal Year 2023*
Number of Trips	11,611	18,617	22,243
Number of Miles	194,118	228,829	300,018
Number of Drivers	12	13	13
Number of Vehicles Used	12	13	13

*  While the audit period corresponds to calendar years, the information here corresponds to fiscal years.

BRTA Funding Sources

In fiscal years 2021, 2022, and 2023, BRTA received revenue from a variety of sources, including fares and federal, state, and local assistance. The table below shows the types of funding BRTA received during fiscal years 2021, 2022, and 2023.

Type of Funding	Fiscal Year 2021*	Fiscal Year 2022*	Fiscal Year 2023*
State and Contract Assistance	$ 3,204,047	$ 3,428,804	$ 3,024,059
Local Assistance	999,065	1,024,042	1,049,644
Federal Assistance	2,260,349	2,393,345	1,846,309
Fixed-Route Income	465,840	508,150	538,795
Paratransit Income	46,721	64,868	75,456
Other Income**	136,010	105,303	343,013
Total	$ 7,112,032	$ 7,524,512	$ 6,877,276

*      While the audit period corresponds to calendar years, the information here corresponds to fiscal years.

**    Other income is from advertising, insurance claims, and interest.

BRTA’s management stated that the RTA is a reporting component of MassDOT, and it submits its financial statements to MassDOT.

1.    According to Section 5 of Chapter 161B of the General Laws, “This representative shall be mobility impaired, have a family member who is mobility impaired, be a caretaker of a person who is mobility impaired or work for an organization that serves the needs of the physically disabled.”

2.    Fixed-route transportation services have established routes, schedules, and stops.

3.    Demand-response transportation services are non-fixed route services that must be requested by riders and scheduled by dispatchers through a transportation service.

4.    BRTA owns these vans. 

5.    Note that, while the audit period corresponds to calendar years, the information here corresponds to fiscal years. Our entire audit period is encompassed within fiscal years 2021 through 2023.

Date published:	October 4, 2024