Transcript Title Master

ADA and Transportation
Refresher and Update
Donna Smith
Director of Training
Easter Seals Project ACTION
December 11, 2013
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
Easter Seals Project ACTION
• Funded by the U.S. Department of
Transportation, Federal Transit Administration
• Housed within Easter Seals Office of Public
Affairs Since 1988
Our Mission
To promote universal access to transportation for
people with disabilities under federal law and
beyond by partnering with transportation providers,
people with disabilities and others through the
provision of training, technical assistance, applied
research, outreach and communication.
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?
• Advocates?
• Travel trainers?
• Teachers/Rehabilitation counselors?
• Transportation providers?
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
• Requirement to make reasonable modification to
policies and procedures
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ADA Regulatory and Enforcement Authority
• US DOJ
– Title II public entities
– Title III places of public accommodation and
commercial facilities
• US DOT
– Title II Part B public transportation
• Private transportation – taxicabs and motor
coaches
• Transit facilities
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 – applies to
state and local government and places of public
accommodation
• DOT definition under the ADA – applies to
transportation
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DOJ Definition of a Service Animal
Dogs that are individually trained to do work or perform tasks for
people with disabilities
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Guiding people who are blind
Alerting people who are deaf
Pulling a wheelchair
Alerting and protecting a person having a seizure
Reminding a person to take prescribed medications
Calming a person with PTSD
Other duties
DOJ Separate Provision
• Recognizes miniature horses that have been individually trained
to do work or perform tasks for people with disabilities as
service animals
• Miniature horses are generally:
– 24-34 inches measured at the shoulder
– 70-100 pounds
– Must be:
• Housebroken
• Under the owner’s control
• Type, size and weight can be accommodated
• Will not compromise safe operation of the facility
For More Information on DOJ Regulations
• http://www.ada.gov/service_animals_2010.htm
• 800-514-0301 (Voice)
• 800-514-0383 (TTY)
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
• Speak to the person handling the animal
• Explain the problem
• Allow the person to take action
• Follow policies regarding what to do when disruption
occurs on the vehicle
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
• 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 carry 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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Legitimate Safety Requirements include:
• A wheelchair of such size that it would block an aisle
• Too large to fully enter a rail car
• Would block the vestibule
• Would interfere with the safe evacuation of
passengers in an emergency
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Legitimate Safety Requirements
• Do not apply to securement
• Based on actual risks
• Not on mere speculation, stereotypes or
generalizations about people with disabilities or the
devices they use for mobility purposes
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Definition of “wheelchair” has been refined
• Reference to “three- or four-wheeled devices”
• Has been changed to “three- or more wheeled
devices”
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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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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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True or False
Under the ADA, customers must vacate priority seating
when asked by the operator if a customer with a disability
needs a seat.
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
Motor coaches or over-the-road buses are required to be
accessible to passengers with disabilities.
True!
The ADA guarantees equal access to both public and
private transportation services.
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DOT Definition of Large and Small
Operators
• Determined by annual revenue
• Large operator has gross annual transportation
revenue equal to or exceeding $9.3 million
• Small operator has a gross annual transportation
revenue less than $9.3 million
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Accessibility of Fleet
• Large operators are expected to have accessible
fleets
• Replace inaccessible buses as they go out of service
• Most should be close to 100% accessible by now
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Accessibility of Fleets (cont.)
• Small operators may request customers to give 48
hours notice if an accessible vehicle is needed
• If the request is not made in advance, provider is still
required to make a good faith effort to provide an
accessible vehicle
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General Guidelines for Serving
Customers with Vision Disabilities
• Identify yourself and ask how you may assist the
passenger
• Respond verbally when the customer gives information,
so that she will know she has been heard
• Remember to announce the customer’s stop
• If handling a monetary transaction, count the customer’s
change out loud
Emergencies
Drivers who provide boarding assistance must be trained to
assist a passenger safely and appropriately with moving to
or from a bus seat or disembarking in case of emergency.
Rest Stops and Interline Service
• On trips longer than 3 hours, drivers must provide a
comfort stop on request if the coach has an inaccessible
restroom
• If a driver denies the rest stop request, he must explain
why he is, in good faith, unable to fulfill the request
Rest Stops and Interline Service (cont.)
Operators providing interline services to customers with
disabilities are required to contact all subsequent carriers
so that each one is prepared to provide accessible service
for the customer at transfer points.
True or False
If a service dog sheds and leaves hair on the floor or
seat of a taxicab, the company can charge extra for
cleaning the vehicle.
False!
• Since taxicab companies do not charge for routine
cleaning after customers without service animals ride,
they cannot then charge for routine cleaning related
to service animals
• However, if a service animal does damage to a
vehicles such as chewing or tearing the seat cover, a
passenger may be charged for the literal cost to fix it
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Under the ADA, Drivers Must
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Provide transportation to any person
Offer assistance to passengers as requested
Provide service to the customer
Provide the same reservation service as available to
other customers
• Not charge customers with disabilities extra fees for
necessary assistance
• Not deny service solely because of the disability
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Under the ADA, Customers with
Disabilities Must
• Know whether or not they can use a typical
taxicab
• Tell drivers if they need help
• Control their service animals
• Know their destination
• Pay their fare
• Be able to transfer from their mobility aid to the
passenger seat
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True or False
While it is recognized as useful for safety purposes, the
ADA does not require the presence of a barrier between
cars to prevent accidental falling when a person who is
blind mistakes this space for an open door.
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False
• 49 CFR Part 38 Subpart C, 38.63 requires:
• Suitable devices or systems shall be provided to
prevent, deter or warn individuals from inadvertently
stepping off the platform between cars. Acceptable
solutions include, but are not limited to, pantograph
gates, chains, motion detectors or similar devices.
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Example 1
• Metro in St. Louis, MO
• 12 yellow ballards on the platform positioned to line
up with gaps between cars
• http://www.metrostlouis.org/NewsProjects/Projects/C
ompleted-Projects/Between-Car-Barriers-And-SafetyTile.aspx
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Example 2
• 2 hanging chains between cars mounted on the
vehicles
• WMATA Washington, DC
• Metropolitan Transit Authority, New York, NY
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Example 3
• 2 opposing spikes mounted on the vehicles between
cars
• BART, San Francisco, CA
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True or False
While the ADA requires auditory and visual warning
signals to alert passengers that the doors are closing, it
does not require that doors reopen when they come
into contact with a passenger trying to go through as do
elevator doors.
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True
• Passengers in the U.S. need to be aware that power
doors closing on rail vehicles will not automatically
reopen if they close on a person or an object
• However, most trains will not move forward if doors
are improperly closed causing the operator to open
and close them until this safety precaution is satisfied
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Amendments for Rail
• Rail station requirements apply only to new or altered
commuter, intercity and high-speed station platforms
• No retrofitting is required
Amendments for Rail (cont.)
Where no track through station is shared with freight, fulllength level-entry boarding is required.
Amendments for Rail (cont.)
Where track through station is shared with freight, a
passenger railroad must meet performance standard
Passengers with disabilities, including wheelchairs
users, can access each accessible train car that other
passengers can access.
Methods to Achieve Performance Standard
• Full-length level-entry boarding
• Car-borne lifts
• Station-based lifts
• Mini-high platforms
Direct Threat
• Has been added to the definitions in 49 CFR Section
37.3
• Defined as “a significant risk to the health or safety of
others that cannot be eliminated by a modification of
policies, practices or procedures, or by the provision of
auxiliary aids or services”
ADA Resources
• Federal Transit Administration
• http://fta.dot.gov/ADA
Resources
• U.S. Access Board
• http://www.access-board.gov
Resources
• Easter Seals Project ACTION
• http://www.projectaction.org
• 800-659-6428
• [email protected]
Thank You!
Donna Smith
Director of Training
[email protected]
WWW.PROJECTACTION.ORG