ADA and Transportation Refresher and Update Donna Smith Director of Training Easter Seals Project ACTION December 11, 2013

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

Funded by the U.S. Department of Transportation, Federal Transit Administration Housed within Easter Seals Office of Public Affairs Since 1988 Easter Seals Project ACTION

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. Our Mission

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 6

Who’s in the Audience? O&M instructors? Advocates? Travel trainers? Teachers/Rehabilitation counselors? Transportation providers?

8 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

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. 11

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 12

DOJ Definition of a Service Animal Dogs that are individually trained to do work or perform tasks for people with disabilities – 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 – 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 (Voice) (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 16

17 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 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. 21

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 22

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 23

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 24

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 25

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 26

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 27

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 29

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 31

32 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

33 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

34 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

35 Definition of “wheelchair” has been refined Reference to “three- or four-wheeled devices” Has been changed to “three- or more wheeled devices”

True or False Anyone can use the lift or ramp upon request. 36

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 37

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 38

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 40

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 42

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. 44

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 45

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 46

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 47

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 General Guidelines for Serving Customers with Vision Disabilities

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 53

54 Under the ADA, Drivers Must 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

55 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

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. 56

False 49 CFR Part 38 Subpart C, 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. 57

Example 1 Metro in St. Louis, MO 12 yellow ballards on the platform positioned to line up with gaps between cars ompleted-Projects/Between-Car-Barriers-And-Safety- Tile.aspxhttp:// ompleted-Projects/Between-Car-Barriers-And-Safety- Tile.aspx 58

Example 2 2 hanging chains between cars mounted on the vehicles WMATA Washington, DC Metropolitan Transit Authority, New York, NY 59

Example 3 2 opposing spikes mounted on the vehicles between cars BART, San Francisco, CA 60

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. 61

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 62

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, full- length 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

Resources U.S. Access Board

Resources Easter Seals Project ACTION

Thank You! Donna Smith Director of Training