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The ADA and TransportationRights and Responsibilities

Donna Smith

Director of Training

Easter Seals Project ACTION

August 1, 2014

Multiple projects focusing on:– Accessible transportation for people with

disabilities– Transportation for older adults– Veterans’ transportation concerns– School transition programs and travel skills for

students– Mobility management

Easter Seals Transportation Group

800-659-6428

www.projectaction.org

projectaction@easterseals.com

To contact us

Please Note

• Easter Seals Project ACTION is a technical

assistance center that strives to provide accurate

information on the ADA

• What we provide is technical assistance and not legal

advice

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Who’s in the Audience?

• O&M instructors?

• Travel Trainers?

• Teachers?

• Counselors?

The Concept of Why

• Start with Why: How Great Leaders Inspire Everyone

to Take Action”

• By Simon Sinek

• TED Talk (18 minutes)

• http://www.ted.com/talks/simon_sinek_how_great_leaders_inspire_action

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At the Heart of the ADA

• A barrier-free world

• Equal treatment, equal opportunity

• Valuing each person on their abilities

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Justin Dart, JR. 1930 - 2002

• I propose a revolution of empowerment: a

revolution that will empower every 21st

century American to live his or her potential

for self-determination, productivity and

quality of life.

• 1996 speech before the National Council

on Disability

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Justin Dart, JR.1930 – 2002 (cont)

• With government protecting,

empowering wave after wave of

oppressed people, America

produced the greatest prosperity, the

greatest quality of life in human

history.

• When people with disabilities are

empowered, America will be

enriched again.9

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ADA Basics

• The ADA is a civil rights law prohibiting discrimination

against persons with disabilities

• Regulations pertaining to transportation intended to

create an equal travel environment

• Builds on and extends requirements under Section

504 of the Rehabilitation Act of 1973

Fixed Route Transportation

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True or False

Service animals such as birds or monkeys are still

allowed under the ADA on public transportation.

True!

The definition of a service animal has not changed

under the Federal Transit Administration.

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Two Different Definitions Under the ADA

• DOJ revised definition under the ADA – restricts

definition to dogs and miniature horses

• DOT definition under the ADA – does not make such

restrictions and applies to transportation

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DOT Definition of a Service Animal

• “Any guide dog, signal dog, or other animal individually trained to work or perform tasks for an individual with a disability”

• Including, but not limited to:– Guiding individuals with impaired vision– Alerting individuals with impaired hearing to

intruders or sounds– Providing minimal protection or rescue work– Pulling a wheelchair or fetching dropped items

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Determining Service Animal Status

• No national certification process for identifying service animals

• Transportation providers can not ask for:– A certificate– Identification card– Note from a physician– The animal to wear a vest or other identifying gear– No limitation on the type of animal

Determining Service Animal Status

• A transportation provider can ask:– Is that a service animal?– Is that a pet?– What tasks does the animal perform?– Must rely on the answer provided by the customer– Can not ask for a demonstration

If There is a Problem

• The operator should:– Speak to the person handling the animal– Explain the problem– Allow the person to take action– Follow policies regarding what to do when a

disruption occurs on the vehicle

If There is a Problem

• The customer should:– Discuss the situation calmly– Participate in finding a solution– Take corrective action as appropriate– Ask guide dog school for advice

True or False

The only stop announcement required is the

requested destination stop of the customer.

False!

This is only 1 of 4 types of stop announcements

required under the ADA.

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When to Announce Stops

1. At transfer points with other fixed routes• Transfers between modes must be announced as

well• If a route branches, customers especially need that

information at transfer points

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When to Announce Stops cont’d

2. At other major intersections and destination points• ADA provides no specific criteria for “major”

points• Your local policy will dictate which stops must

be announced • Going above and beyond is helpful to all

passengers

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When to Announce Stops cont’d

3. At intervals along a route sufficient to permit

individuals with visual disabilities to be oriented to their

location• Especially important in a rural system• Intervals can be by time or distance• Helpful if they are by known landmarks or

areas of interest

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When to Announce Stops cont’d

4. At the request of a person with a disability• Keep in mind that a rider with a hearing

impairment may use a stop request card• Any passenger could make a stop request

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Route Identification

• If a stop is served by more than one route, operator

must make sure a route identification announcement

is made at the stop for waiting passengers

• Operators must know the other routes well enough to

provide travel instructions

• Announcement must be loud enough for individuals

to hear clearly

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Flag Stop Service

• Must set policy and procedure to assist passengers

with disabilities to board

• Possible assistance could include:– Providing a flag or other product readily

recognizable by operators– Telephone/dispatch contact to alert operators– More vigilance and awareness of operators to

recognize potential riders along the route

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True or False

Anyone can use the lift or ramp upon request.

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True!

• Lifts are for the use of anyone who asks for

them – Need not be a person using a wheelchair– Can’t ask why it is needed– Should be deployed upon request

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True or False

Under the ADA, a vehicle operator can require a

passenger using the priority seating area to change seats

if a person with a disability boards the bus.

False!

• Must designate priority seating for seniors and people

with disabilities

• Must have adequate signage

• Can’t require someone to move because they may

have a hidden disability

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True or False

• An agency has a policy that operators will not handle

money from customers

• Under the ADA, a reasonable modification to this

policy would be to make an exception so operators

can assist a customer with a disability to use the

farebox

True!

• Assisting with fare is a reasonable modification

• An alternative modification would be allowing

that customer to ride for free

• FTA is developing guidance on reasonable

modification

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True or False

The ADA requires that all wheelchairs and mobility devices

be secured.

False!

• ADA requires that vehicles be equipped for

securement

• Transit provider sets policy for use of securement

• If a mobility device can’t be secured, customer is

allowed to ride anyway

• Lap belts and shoulder harnesses can only be

required if all passengers are required to wear them

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New Regulatory Language

Transit providers must transport a customer using a

wheelchair:– If the lift (or ramp) and vehicle can physically

accommodate them – Unless doing so is inconsistent with legitimate

safety requirements

30 Minute Rule

• If the lift or ramp is not working

• Rider can wait for next vehicle if scheduled arrival is

30 minutes or less

• Operator must contact supervisor to arrange for a

ride if headway is longer than 30 minutes

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True or False

If the vehicle is full and a customer using a wheelchair is

unable to board, the 30 minute rule applies.

False!

• Rider must wait for the next vehicle

• “Equal Opportunity Inconvenience”

• No accommodation is required

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ADA Complementary Paratransit

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ADA Complementary Paratransit

• Required by law to complement fixed-route transit

• Has specific regulations under the ADA

42Photo courtesy of TARC

Other Paratransit Service

• Often funded through human service programs

• Serves specific populations

• Operates without regard to fixed-route transit

• Has unique eligibility requirements depending on the

funder

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What Does Complementary Mean?

• Hours of service

• Service area

• Length of trip

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True or False

All people with documented disabilities are eligible for

ADA Complementary Paratransit service.

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False!

Three categories of eligibility:

• Category 1: includes persons with disabilities that

are unable to use accessible fixed route service

• Category 2: includes persons with disabilities that

have the ability to use the accessible fixed route

services, but the service available is not accessible

• Category 3: includes persons with disabilities that

are unable to travel to or from a station or a bus stop

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Types of Eligibility

• Unconditional: Not reasonable for individual to use

fixed-route services for any trips under all conditions

• Conditional: Individual is able to use fixed-route

services under certain conditions

• Temporary: For an individual whose disability is

temporary or functional abilities are expected to

change

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True or False

A customer can be required to travel with a personal

care attendant if that is what is needed for independent

mobility.

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False!

The vehicle operator is required to assist customers

who either request or need help with the securement,

ramp, or lift. If a customer needs assistance with

aspects of riding beyond the accessibility equipment, it

can be recommended that he ride with a PCA. If he

refuses, then he can be denied the trip because the

operator cannot provide additional services.

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Personal Care Attendant (PCA)

• Ride for free

• May be a family member

• Take the same trip as the person they are assisting

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Companions

• At least 1 allowed to accompany the customer

• More may ride as space permits

• Pay the same fare as the customer

• Take the same trip as the customer

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Visitors

• Visitors with disabilities are eligible for 21 days of

service a year if:

• They have certification from another area

• They claim to have certification from another area

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True or False

Scheduling a trip is a negotiation that takes into

consideration both the customer’s needs and the

provider’s availability.

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True!

While scheduling a trip may mean that two or more

customers will share a vehicle and the customer may

not get the exact pick-up time desired, it should be

timed so that customers can effectively keep

appointments and take care of business.

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Scheduling

• Rides must be provided on a next-day basis at a

minimum

• If administrative offices are closed, reservation

services still need to be available if transportation

service will operate the following day

• Providers can negotiate a pick-up time within one hour

before or after the individual’s desired departure time

• Providers can also offer subscription service for

regularly occurring trips

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Passenger Pick-up Information

• Scheduled pick-up time: The time that the system

estimates the driver will actually make the pick-up

• Actual pick-up/drop-off time: The time recorded by

a driver when the actual pick-up and drop-off are

made

• Pick-up window – window of time before and after

scheduled pick up time when vehicle may show up

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Common Practice – Pick-Up Window

• Typically no more than 30 minutes

• Corresponds to the scheduled pick-up time such as:– 15 minutes before and 15 minutes after– 20 minutes before and 10 after

• Customer must be ready to be picked up at any time

during this pick-up window

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Common Practice – Wait Time

• Wait time is how long the operator will wait once the

vehicle has arrived

• Typical wait time is 5-10 minutes

• Customer is marked as a “no show” after the wait

time

• The ADA does not require that any wait time be

granted

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Reasonable Assistance

• Operators are required to provide reasonable

assistance to board, ride and alight from paratransit

vehicles

• Standard is higher than for fixed-route operators due

to the nature of the service

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Common Practice – Reasonable Assistance

• More time to board/alight

• Assistance with balance and stowing

crutches/walkers

• Assistance in paying fare

• Assistance to find a seat

• Assistance with seat belts

• Wheelchair securement

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Common Practice – Reasonable Assistance

• Operators are not required to assist with packages

but often will

• May enforce a 2-bag limit on paratransit if this policy

exists for fixed-route

• May allow for more bags for certain trips or on certain

days

• May have volunteers to assist with packages on

certain days

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True or False

If a provider offers curb-to-curb service, the operator is

never required to meet a customer at the door of her

home or pick-up location.

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False!

• ADA Complementary Paratransit Service is an origin

to destination service

• Can be a curb-to-curb service, but if customers need

assistance in getting to the vehicle or to the door of

their destination, this service should be provided

when possible

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Common Practice – Door-to-Door

• Operators typically leave the vehicle to assist a

person between the door and the bus

• Operators do not typically go beyond the door

• Line of sight to vehicle must be maintained

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True or False

We as professionals should automatically refer all

people who are blind for ADA complementary

paratransit service.

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False!

Sustaining viable public transportation depends on both

professionals and people with disabilities making fair

decisions about the use of ADA complementary

paratransit service.

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Questions

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Thank You!

Donna Smith

Director of Training

dsmith@easterseals.com