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1 Americans with Disabilities Act Civil Rights Protection for over 50 million Americans.

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Presentation on theme: "1 Americans with Disabilities Act Civil Rights Protection for over 50 million Americans."— Presentation transcript:

1 1 Americans with Disabilities Act Civil Rights Protection for over 50 million Americans

2 2 Introduction What is the ADA? How does the ADA apply to transportation?

3 3 Titles of the ADA  Title I Employment  Title II Public Entities  State, County and Municipal programs and facilities  Public transportation programs  Title III Privately operated public accommodations  Title IV Telecommunications

4 4 Person with a Disability ADA Definition …..Physical or mental impairment that substantially limits one or more major life activities …..Having a record of such an impairment …..Being regarded as having an impairment

5 5 Basic Purpose “No entity shall discriminate against an individual with a disability in connection with the provision of transportation service.” Section 37.5

6 6 What the ADA Addresses Operating Policies and Procedures Service Delivery Requirements All Providers of Services

7 7 Access to Communication Provision for people with speech/hearing impairments for access to information provided by telephone TDD (Text Telephone) Telecommunications Relay Service (PA Relay) Not all lines and phone stations, but sufficient number No delays or costs not experienced by general public Relay service must operate during all days/hours that voice phone lines are open

8 8 Access to Information All print material also available in accessible formats  SchedulesInformation brochures  Rider handbooksService bulletins Must be made available upon request in a format individual can use Availability of telephone information NOT adequate substitute for route and schedule information Accessible formats include:  BrailleAudio Tape  Computer DiskLarge Print

9 9 Employee Training Requirement to train personnel to proficiency Operate vehicles and equipment safely Provide level of service as required Treat individuals with disabilities in a respectful, courteous way

10 10 Training programs must be: Appropriate to duties of each employee Comprehensive Able to evaluate or test each employee’s understanding

11 11 Boarding / Alighting Time Adequate time must be allowed for boarding/alighting of passengers with disabilities Includes adequate time for passengers to get to a seat

12 12 Lift and Securement Use All “Common Wheelchairs” and their users must be transported Common Wheelchair defined as:  Not exceeding 30” wide  Not exceeding 48” long, when measured 2” above ground  Does not weight more than 600 lbs. Occupied Securement system MUST be used to secure wheelchair Cannot deny service on basis of difficulty in securing wheelchair

13 13 Lift and Securement Use Must permit standees to use lift to enter vehicle Each securement location must have a 3- point passenger restraint system Can only require passenger restraint if ALL passengers are required to use

14 14 Lift and Securement Use Transfer from wheelchair to vehicle seat can be recommended, but not required Where necessary or requested, drivers must assist with use of:  Securement System  Ramp  Lift This assistance is required even if the driver must leave his/her seat to do so

15 15 Maintenance of Lifts Regular and frequent lift maintenance program must be developed and instituted Drivers must report non-operating lifts as soon as possible Every effort must be made to repair lifts before the next day of service

16 16 Mobility Aids and Life Support Systems Service animals must be allowed to accompany passengers Passengers must be permitted to travel with life support, including:  Respirators  Portable Oxygen Can only deny if to transport would violate rules concerning the transportation of hazardous materials

17 17 Additional Charges Special fares and charges, beyond those required of other riders, cannot be imposed on people with disabilities  Stowing wheelchairs  Toll-free number, but not for TDD No processing fee for ADA eligibility applications can be assessed

18 18 Refusing Service to Passengers with Disabilities Service can only be refused, conditioned or suspended if an individual engages in:  Violent  Seriously Disruptive or  Illegal Conduct Behavior that offends, annoys or inconveniences other passengers is not “seriously disruptive” Service must be provided regardless of liability concerns, insurance coverage conditions or rates

19 19 Additional Requirements: Fixed- Route Only  Priority Seating  Permitting Riders to Disembark  Announcement of Stops  Identifying Vehicles and/or Passengers  Maintenance of Lifts  Provision of Complimentary Paratransit Service

20 20 Priority seating must be provided Use of priority seating cannot be required Priority Seating

21 21 Permitting Riders to Disembark Individuals who use wheelchairs must be permitted to disembark at any stop unless:  The lift cannot be deployed  The lift would be damaged if deployed  Temporary conditions, not within the control of the transit authority, prevent the safe use of the stop by ALL passengers

22 22 Announcement of Stops Operators must announce stops at:  Major transfer points with other routes  Major intersections/destination points (Landmarks)  Sufficient intervals along the route to permit orientation  Any stop requested by the passenger must also be announced

23 23 Identifying Vehicles and/or Passengers At stops that service more than one route, method of communication required to:  Permit people with disabilities to identify vehicle OR  Permit operators to identify passengers seeking to ride on their vehicle Transit authority must facilitate the communication process Customers have responsibility to cooperate in the use of communication devices such as cards

24 24 Maintenance of Lifts Inoperable lifts must work before vehicle returned to service UNLESS:  No spare available  No more than 3 days in urban areas (>50,000) No more than 5 days in rural areas (<50,000) If headways exceed 30 minutes on routes with inoperable lift, alternative transportation must be provided:  Accessible supervisor vehicle  Paratransit  Another bus

25 25 Provision of Complimentary Paratransit Service Public entities providing non-commuter, fixed route service to the general public Paratransit comparable to fixed route service (as defined) for people with disabilities unable to use fixed route service All systems must now be in full compliance (January 1997)

26 26 The ADA: Civil Rights for Persons with Disabilities

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