Transcript Title Master

The ADA and Transportation
Rights and Responsibilities
Donna Smith
Director of Training
Easter Seals Project ACTION
August 1, 2014
WWW.PROJECTACTION.ORG
Easter Seals Transportation Group
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
To contact us
800-659-6428
www.projectaction.org
[email protected]
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_le
aders_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.
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WWW.PROJECTACTION.ORG
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
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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
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Determining Service Animal Status
• A transportation provider can ask:
–
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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
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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
Photo courtesy of TARC
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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
61
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
[email protected]
WWW.PROJECTACTION.ORG