1. The Americans with Disabilities Act Lessons Learned from FTA Compliance Reviews

2. The Americans with Disabilities Act & Transportation Overview

3. Philosophical Perspective Transportation not only takes us places, but it is where all people in civil society come together. Transportation not only takes us places, but it is where all people in civil society come together. For people with disabilities to live independently and participate in civic life, transportation must be accessible. For people with disabilities to live independently and participate in civic life, transportation must be accessible. The cause of full accessibility for disabled persons emerged as an important issue over thirty years ago. The cause of full accessibility for disabled persons emerged as an important issue over thirty years ago.

4. Principles of the Disability Rights/Independent Living Movement The Right to Exist (within Society) The Right to Exist (within Society) The Right to Integrate The Right to Integrate The Right to Value and Meaning The Right to Value and Meaning

5. The ADA  Covers public & private entities & services  Applies regardless of the type of funding received or used  Title II Subtitle A - Public Services Subtitle B - Public Transportation (FTA)

6. Department of Transportation Regulates transportation, including:  Public Transit - rapid, commuter, and light rail; bus; paratransit; ferries  Air travel is covered by regulation under the Air Carrier Access Act of 1986

7. FTA ADA Responsibilities 49 CFR Part 27, Subpart C, Enforcement Complaints/Investigations Complaints/Investigations Compliance Reviews Compliance Reviews Means of enforcing findings of non- compliance: Withholding of Federal funds Withholding of Federal funds Referral to the Department of Justice Referral to the Department of Justice

8. DOT Disability Law Guidance Full-Length, Level-Boarding Platforms in new Commuter and Intercity Rail Stations Full-Length, Level-Boarding Platforms in new Commuter and Intercity Rail Stations Origin-to-Destination Service Origin-to-Destination Service Paratransit Requirements for § 5311- Funded Fixed-Route Service Operated by Private Entities Paratransit Requirements for § 5311- Funded Fixed-Route Service Operated by Private Entities Use of “Segways” on Transportation Vehicles Use of “Segways” on Transportation Vehicles

9. Segway

10. Relationship with DOJ Memorandum Of Understanding (2005) Memorandum Of Understanding (2005) Quarterly Meetings Quarterly Meetings Referral Criteria: Referral Criteria: Evidence of capacity constraints, failure to call stops or maintain lifts Evidence of capacity constraints, failure to call stops or maintain lifts Persistent Non-Compliance Persistent Non-Compliance Within providers’ control Within providers’ control Little to no progress in correcting deficiency Little to no progress in correcting deficiency Limited Institutional Change Limited Institutional Change Corroboration Evidence of Problem Corroboration Evidence of Problem Indication of Planned Improvements Indication of Planned Improvements

11. Compliance Reviews ADA Complementary Paratransit ADA Complementary Paratransit Fixed Route Stop Announcement & Route Identification Fixed Route Stop Announcement & Route Identification Fixed Route Lift Maintenance & Reliability Fixed Route Lift Maintenance & Reliability Key & New Rail Stations Key & New Rail Stationswww.fta.dot.gov/ada

12. DOT ADA Requirements

13. Nondiscrimination 49 CFR §37.5(a) “No entity shall discriminate against an individual with a disability in connection with the provision of transportation service.”

14. New Rail Stations 49 CFR §37.41 A facility or station is “new” if its construction began ( i.e., issuance of notice to proceed) after January 25, 1992, or, in the case of intercity or commuter rail stations, after October 7, 1991.

15. Station Alterations 49 CFR §37.43 and Appendix D In general this section applies to a public entity that undertakes an alternation of an existing facility. In general this section applies to a public entity that undertakes an alternation of an existing facility. It requires that any alteration, to the maximum extent feasible, results in the altered area being accessible to and usable by individuals with disabilities including persons who use wheelchairs. It requires that any alteration, to the maximum extent feasible, results in the altered area being accessible to and usable by individuals with disabilities including persons who use wheelchairs.

16. Rail Train Car Accessibility 49 CFR §37.93  Existing rail transit systems were required to have at least one accessible car per train by July 26, 1995.  All new railcars must be accessible. §37.79  All used railcars must be accessible. §37.81  All remanufactured railcars must be accessible. §37.83

17. Maintenance of Accessible Features 49 CFR §37.161-163 Includes: lifts/ramps, securement devices, elevators, signage, and public address systems. Includes: lifts/ramps, securement devices, elevators, signage, and public address systems. Must be repaired promptly. Must be repaired promptly. Must take reasonable steps to accommodate persons with disabilities who would otherwise use the feature. Must take reasonable steps to accommodate persons with disabilities who would otherwise use the feature. Does not prohibit isolated or temporary interruptions due to repairs or maintenance. Does not prohibit isolated or temporary interruptions due to repairs or maintenance.

18. Keeping Lifts Operable 49 CFR §37.163 Public entities/non-rail must: Establish system of regular & frequent maintenance checks, Establish system of regular & frequent maintenance checks, Report failures as soon as possible, and Report failures as soon as possible, and Provide alternative transportation to persons with disabilities if the headway to the next accessible vehicle on a fixed route exceeds 30 minutes. Provide alternative transportation to persons with disabilities if the headway to the next accessible vehicle on a fixed route exceeds 30 minutes.

19. Keeping Lifts Operable 49 CFR §37.163 POPULATION > 50K If there is no spare - May keep the vehicle in operation for no more than May keep the vehicle in operation for no more than 3 days from the date the lift is discovered to be inoperative. POPULATION < 50K If there is no spare - May keep the vehicle in operation for no more than May keep the vehicle in operation for no more than 5 days from the date the lift is discovered to be inoperative.

20. “The Common Wheelchair” 49 CFR §37.3 Aid for persons with mobility impairments Aid for persons with mobility impairments 3 or 4 wheeled device 3 or 4 wheeled device Appropriate for indoor use Appropriate for indoor use Does not exceed 30 X 48 inches (measured 2 inches above the ground) Does not exceed 30 X 48 inches (measured 2 inches above the ground) Weighs no more than 600 pounds when occupied Weighs no more than 600 pounds when occupied

21. Wheelchair Lift & Securement Requirements Securement systems on all accessible buses §38.23 Securement systems on all accessible buses §38.23 Transport all common wheelchairs §37.165 Transport all common wheelchairs §37.165 May establish a policy to secure all wheelchairs, or transport wheelchairs unsecured §37.165 May establish a policy to secure all wheelchairs, or transport wheelchairs unsecured §37.165 May not refuse to transport person because the chair cannot be satisfactorily restrained §37.165 May not refuse to transport person because the chair cannot be satisfactorily restrained §37.165 Must secure wheelchair upon request 37.165(f) Must secure wheelchair upon request 37.165(f) Must assist with securement systems, ramps and seatbelts upon request 37.165(f) Must assist with securement systems, ramps and seatbelts upon request 37.165(f) Must allow standees to use the lift on request 37.165(g) Must allow standees to use the lift on request 37.165(g) May require wheelchairs to remain in designated securement locations, person may transfer; however, you may not require person to transfer 37.165(e) May require wheelchairs to remain in designated securement locations, person may transfer; however, you may not require person to transfer 37.165(e)

23. STOP ANNOUNCEMENTS 49 CFR 37.167(b) Must announce transfer points, major intersections & destination points, and intervals along a route sufficient to permit individuals to be oriented to their location Must announce transfer points, major intersections & destination points, and intervals along a route sufficient to permit individuals to be oriented to their location Must announce stops on request Must announce stops on request

24. Route Identification 49 CFR §37.167(c) Where vehicles or other conveyances for more than one route serve the same stop, the entity shall provide a means by which an individual with a visual impairment or other disability can identify the proper vehicle to enter or be identified to the vehicle operator as a person seeking a ride on that particular route.  i.e. external stop announcements

25. Other Service Requirements 49 CFR § 37.167 Entity must ensure that operators make use of accessibility features and equipment. Entity must ensure that operators make use of accessibility features and equipment. Information regarding transportation services must be made available in usable alternative formats. Information regarding transportation services must be made available in usable alternative formats. Persons with disabilities must be allowed to exit at any stop unless it would damage the lift or there are temporary conditions beyond entity’s control. Persons with disabilities must be allowed to exit at any stop unless it would damage the lift or there are temporary conditions beyond entity’s control.

26. Designated Priority Seating 49 CFR §37.167(j) Bus operators must ask individuals in priority seating areas or wheelchair securement areas to move if a person with a disability needs that space. Persons with disabilities and elderly persons are excluded from this request. Bus operators must ask individuals in priority seating areas or wheelchair securement areas to move if a person with a disability needs that space. Persons with disabilities and elderly persons are excluded from this request. Applies to the extent practicable to rail systems. Applies to the extent practicable to rail systems. The operator is not required to enforce the request. The operator is not required to enforce the request.

27. Other Nondiscrimination Provisions Cannot prevent a person with a disability from using the transportation service for the general public if the individual is capable of using the system. §37.5(b) Cannot prevent a person with a disability from using the transportation service for the general public if the individual is capable of using the system. §37.5(b) Cannot require that a person with a disability use the designated priority seats. §37.5(c) Cannot require that a person with a disability use the designated priority seats. §37.5(c)

28. ADA Complementary Paratransit 49 CFR §37.121 A safety net for those who cannot independently use fixed route transit. A safety net for those who cannot independently use fixed route transit. Meant to be comparable to level of service provided to individuals who use fixed route. Meant to be comparable to level of service provided to individuals who use fixed route. Required of public fixed route providers. Required of public fixed route providers.

29. ADA Complementary Paratransit: Eligibility

30. Eligibility 49 CFR §37.123-125 For persons who cannot independently use fixed route transportation even if it is accessible. Decision is based on functional ability, not based on disability alone. Decision must be in writing (or other accessible format) within 21 days, or else person is treated as eligible until a decision is made. If denied, information must be given to the applicant explaining the reasoning (with specificity) and how to appeal.

31. Categories of Eligibility 49 CFR §37.123 Category 1 – a person with a disability who can’t independently use public fixed route under any circumstances Category 1 – a person with a disability who can’t independently use public fixed route under any circumstances Category 2 – could use fixed route if the vehicles were accessible Category 2 – could use fixed route if the vehicles were accessible Category 3 – prevented by disability or combination of disability and barriers from getting to or going from the boarding location – e.g., no curb cuts, snow banks Category 3 – prevented by disability or combination of disability and barriers from getting to or going from the boarding location – e.g., no curb cuts, snow banks

32. Eligibility 49 CFR §37.123-125 Decision must be made within 21 days of the receipt of a complete applications, or else person is treated as eligible until a decision is made. If denied (or conditional), must be in writing explaining the reasoning (with specificity) and how to appeal. No unreasonable burden or “user fees”

33. Eligibility Appeals Requires due process May require it be made within 60 days Appeal must provide an opportunity to be heard Separation of function - different decision maker If no decision in 30 days, provisional service Appeal decision must include reasoning (with specificity)

34. Eligibility Compliance Review Findings Application makes no mention of 21-day presumptive eligibility Application makes no mention of 21-day presumptive eligibility 21-days told until transit system holds in-person interview 21-days told until transit system holds in-person interview Eligibility decision based solely on ability to get to- from bus stop nearest home, not whole system Eligibility decision based solely on ability to get to- from bus stop nearest home, not whole system Eligibility granted only for requested trips (doctor) Eligibility granted only for requested trips (doctor) Conditional eligibility for temperate based on a too restrictive calendar timeframe. Conditional eligibility for temperate based on a too restrictive calendar timeframe.

35. Eligibility Compliance Review Findings Denial letter not stating reason for decision Denial letter not stating reason for decision Denial letter not stating right to appeal (especially for conditionally eligible) Denial letter not stating right to appeal (especially for conditionally eligible) Mandatory written appeal request inconsistent with opportunity to be heard Mandatory written appeal request inconsistent with opportunity to be heard High rate overturns on appeal High rate overturns on appeal Appeals decision not stating reason for decision Appeals decision not stating reason for decision

36. Six Paratransit Service Criteria 49 CFR §37.131 #1 Service Area #2 Response Time #3 Fares #4 No Trip Purpose Restrictions #5 Hours & Days of Service #6 Capacity Constraints

37. #1 Service Area Provide service to origins and destinations that are within 3/4-mile of fixed route bus service (corridor), and 3/4-mile rail station (radius). Additional small areas not covered by these corridors in the “core service area”

38. #1 Service Area Compliance Review Findings Lack of paratransit along fixed-route service that travels into adjacent municipality Lack of paratransit along fixed-route service that travels into adjacent municipality Lack of paratransit across political boundaries within 3/4-mile Lack of paratransit across political boundaries within 3/4-mile Insufficient communication in Rider’s Guide Insufficient communication in Rider’s GuidePromising Coordinated paratransit service and transfers with neighboring jurisdictions Coordinated paratransit service and transfers with neighboring jurisdictions

39. #2 Response Time Reservations services are made available anytime during normal business (administrative) hours for any trip the following day. Reservations hours should be comparable weekends/holidays before service day. Trips shall be negotiated no more than one hour before or after time requested.

40. #2 Response Time Compliance Review Findings Reservation lines only open for 4 hours on Sunday for next-day trips Reservation lines only open for 4 hours on Sunday for next-day trips Reservation lines closing early and/or disconnecting callers in queue Reservation lines closing early and/or disconnecting callers in queue Trips negotiated outside the one-hour window not counted as denials Trips negotiated outside the one-hour window not counted as denials Offer/acceptance, not a negotiation Offer/acceptance, not a negotiation

41. Telephone Access/Response Time Performance Measures Busy Signals Busy Signals Average Hold Time Average Hold Time Longest Hold Time Longest Hold Time Abandoned Calls Abandoned Calls Compare Staffing Levels

42. Telephone Access/Response Time Compliance Review Examples Tulsa, OK Tulsa, OK 2-5 minute average hold time (by day) 2-5 minute average hold time (by day) Under 20 seconds when closed (2004) Under 20 seconds when closed (2004) 20-30% abandoned calls (10-70% by hour) 20-30% abandoned calls (10-70% by hour) 6% when closed (2004) 6% when closed (2004) Cleveland, OH - 7 to 12 min hold times Cleveland, OH - 7 to 12 min hold times Atlanta, GA - 33% abandoned calls Atlanta, GA - 33% abandoned calls New York - Avg hold time is <20 seconds New York - Avg hold time is <20 seconds

43. Trip Denials Performance Measure – Total Volume Requests made Requests made Trips offered Trips offered Trips denied Trips denied Denial Rates FTA’s expectation is to plan and budget to serve 100 percent of expressed demand (current and future).

44. Trip Denials Compliance Review Examples Atlanta, GA (2001) Atlanta, GA (2001) Sampling found 0.1-6.3% denial rates Sampling found 0.1-6.3% denial rates Eliminated in 2005 Eliminated in 2005 Tucson, AZ (2003) Tucson, AZ (2003) 4.3-5.2% = 1,472 to 1,981 trips per month 4.3-5.2% = 1,472 to 1,981 trips per month Eliminated in 2005 Eliminated in 2005 System with 2% denial rate System with 2% denial rate 76% of trips scheduled 7 days out 76% of trips scheduled 7 days out

45. Missed Trips Vehicle No-Shows (and trip not served) Vehicle does not arrive Vehicle does not arrive Vehicle leaves empty before the pick-up window begins Vehicle leaves empty before the pick-up window begins Vehicles arrives after the pickup window and leaves empty Vehicles arrives after the pickup window and leaves empty Performance Standards? Strategies to verify?

46. On-Time Performance Pickups On-Time Pickup Window Shortest: 15 minutes (-10/+5) Shortest: 15 minutes (-10/+5) Longest: 40 minutes (-10/+30)(capacity constraints?) Longest: 40 minutes (-10/+30)(capacity constraints?) Measures of On-Time Pickup Early Early In the window In the window Late Late

47. On-Time Performance Pickups Compliance Reviews with Findings Toledo, OH (88%) Toledo, OH (88%) Baltimore, MD (76%) Baltimore, MD (76%) Orlando (85%) Orlando (85%)

48. On-Time Performance Pickups Other Compliance Concerns Lack of performance standards Lack of performance standards Excessive early pickups Excessive early pickups Different on-time standard for provider than communicated to rider Different on-time standard for provider than communicated to rider Pickup window not known by rider, driver, dispatcher Pickup window not known by rider, driver, dispatcher System with 2% of trips more than an hour after scheduled time - significantly late System with 2% of trips more than an hour after scheduled time - significantly late

49. On-Time Performance Drop-Offs Unacceptable Goals Allowance for late drop-offs Allowance for late drop-offs 90% on-time (or early) drop-offs 90% on-time (or early) drop-offs Performance Measures Early (how early?) Early (how early?) On-Time On-Time Late (how late?) Late (how late?)

50. On-Time Performance Drop-Offs Recently Closed Compliance Review Wichita, KS 74.5% early/on-time drop-offs 74.5% early/on-time drop-offs 2%15-20 min late 2%15-20 min late 1% more than 30 min late 1% more than 30 min late CLOSED with over 90% early/on-time (pickups and drop-offs) CLOSED with over 90% early/on-time (pickups and drop-offs)

51. On-Board Travel Time Ride time comparable to equivalent trip on the fixed route Sample long trips Sample long trips Measure actual trip on the fixed route Measure actual trip on the fixed route Include time to travel to/from bus stop and wait for first bus Include time to travel to/from bus stop and wait for first bus Pattern? Pattern? Time of Day? Certain Riders? Group Trips? Time of Day? Certain Riders? Group Trips?

52. #3 Fares No more than twice the full-priced fixed route for a similar trip at similar a similar time of day. PCA rides for free. Companion rides at the same fare.

53. #3 Fares Compliance Review Findings PCA & Companion fares not listed in Guide PCA & Companion fares not listed in Guide Zone and/or Distance pricing schemes that are more than double fixed route for certain trips (not requiring transfers) Zone and/or Distance pricing schemes that are more than double fixed route for certain trips (not requiring transfers) Free-fare zone for fixed route but not paratransit Free-fare zone for fixed route but not paratransitPromising Free ride on fixed route Free ride on fixed route

54. #5 Hours & Days of Service Service must be available throughout the same hours and days as the fixed route.

55. #5 Hours & Days of Service Compliance Review Findings Frequent examples of some bus service extending beyond paratransit hours Frequent examples of some bus service extending beyond paratransit hours ESPECIALLY weekends, new services, special services (late-night, games, etc) ESPECIALLY weekends, new services, special services (late-night, games, etc) Insufficient communication in Rider’s Guide Insufficient communication in Rider’s Guide

56. Late Cancellation/No-Show Eligible rider may be suspended for a reasonable period of time if they have established a pattern or practice of no- showing for scheduled trips, outside of their control. The industry has included late cancellations in this calculation. Such occurrences should only be included if they are so close in time as to have the operational equivalent of a no-show. Right to appeal.

57. Late Cancellation/No-Show Compliance Review Findings Count all cancellations after 5pm the evening is not the operational equivalent of a no-show Count all cancellations after 5pm the evening is not the operational equivalent of a no-show 3 no-shows in a 90-day period would not be a pattern or practice for a daily rider (2% of trips) 3 no-shows in a 90-day period would not be a pattern or practice for a daily rider (2% of trips) A suspension for one year of a rider who no- shows 12 times in a year would not be a reasonable sanction A suspension for one year of a rider who no- shows 12 times in a year would not be a reasonable sanctionPromising NYC considers frequency, and only suspends riders who no-show more than 60% of 7+ trips NYC considers frequency, and only suspends riders who no-show more than 60% of 7+ trips

58. ADA Complementary Paratransit: Capacity Constraints

59. Six Service Criteria 49 CFR §37.131(f) #6 Capacity Constraints Restrictions: No limitation on the availability of service by: Restrictions on the number of trips an individual can schedule Restrictions on the number of trips an individual can schedule Imposition wait lists, or Imposition wait lists, or Any “operational pattern or practice that significantly limits the availability of service.” Any “operational pattern or practice that significantly limits the availability of service.”

60. Operational Pattern or Practice that Significantly Limits the Availability of Service Including, but not limited to: Untimely pickups Untimely pickups Trip denials Trip denials Missed trips Missed trips Trip with excessive trip lengths Trip with excessive trip lengths FTA also specifically considers: Untimely drop-offs (where appointment times are known) Untimely drop-offs (where appointment times are known) Telephone/reservation access Telephone/reservation access

61. Capacity Constraints FTA Looks at: Established Standards for performance Established Standards for performance Complaints / Interviews Riders Complaints / Interviews Riders Data Analysis Data Analysis Telephone Access Telephone Access Trip Denials Trip Denials Missed Trips Missed Trips On-time Performance On-time Performance On-board Travel Time On-board Travel Time Direct observations to validate data Direct observations to validate data