The ADA and Transportation Rights 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

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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 4

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) aders_inspire_actionhttp:// aders_inspire_action 6

At the Heart of the ADA A barrier-free world Equal treatment, equal opportunity Valuing each person on their abilities 7

Justin Dart, JR I propose a revolution of empowerment: a revolution that will empower every 21 st century American to live his or her potential for self-determination, productivity and quality of life speech before the National Council on Disability 8

Justin Dart, JR – 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

11 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 12

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. 14

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 15

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 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. 22

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 23

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 24

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 25

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 26

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 27

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 28

True or False Anyone can use the lift or ramp upon request. 29

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 30

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 32

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 34

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 36

37 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 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

ADA Complementary Paratransit 41

ADA Complementary Paratransit Required by law to complement fixed-route transit Has specific regulations under the ADA 42 Photo 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 43

What Does Complementary Mean? Hours of service Service area Length of trip 44

True or False All people with documented disabilities are eligible for ADA Complementary Paratransit service. 45

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 46

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 47

True or False A customer can be required to travel with a personal care attendant if that is what is needed for independent mobility. 48

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. 49

Personal Care Attendant (PCA) Ride for free May be a family member Take the same trip as the person they are assisting 50

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 51

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 52

True or False Scheduling a trip is a negotiation that takes into consideration both the customer’s needs and the provider’s availability. 53

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. 54

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 55

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 56

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 57

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 58

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 59

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 60

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. 62

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 63

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 64

True or False We as professionals should automatically refer all people who are blind for ADA complementary paratransit service. 65

False! Sustaining viable public transportation depends on both professionals and people with disabilities making fair decisions about the use of ADA complementary paratransit service. 66

Questions 67

Thank You! Donna Smith Director of Training