The Americans with Disabilities Act\
\
Lessons Learned from\
FTA Compliance Reviews

The Americans with Disabilities Act\
& Transportation\
\
Overview

Philosophical Perspective

-   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.

-   The cause of full accessibility for disabled persons emerged as an
    important issue over thirty years ago.

Principles of the Disability Rights/Independent Living Movement

-   The Right to Exist (within Society)

-   The Right to Integrate

-   The Right to Value and Meaning

**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)

**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

***FTA ADA Responsibilities\
*49 CFR Part 27, Subpart C, Enforcement**

-   Complaints/Investigations

-   Compliance Reviews

Means of enforcing findings of non-compliance:

-   Withholding of Federal funds

-   Referral to the Department of Justice

DOT Disability Law Guidance

-   Full-Length, Level-Boarding Platforms in new Commuter and Intercity
    Rail Stations

-   Origin-to-Destination Service

-   Paratransit Requirements for **§**5311-Funded Fixed-Route Service
    Operated by Private Entities

-   Use of "Segways" on Transportation Vehicles

Segway

Relationship with DOJ

-   Memorandum Of Understanding (2005)

-   Quarterly Meetings

-   Referral Criteria:

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-   Evidence of capacity constraints, failure to call stops or maintain
    lifts

-   Persistent Non-Compliance

-   Within providers' control

-   Little to no progress in correcting deficiency

-   Limited Institutional Change

-   Corroboration Evidence of Problem

-   Indication of Planned Improvements

Compliance Reviews

-   ADA Complementary Paratransit

-   Fixed Route Stop Announcement & Route Identification

-   Fixed Route Lift Maintenance & Reliability

-   Key & New Rail Stations

www.fta.dot.gov/ada

***DOT ADA Requirements***

Nondiscrimination\
49 CFR §37.5(a)

**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.

**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.

-   It requires that any alteration, to the maximum extent feasible,
    results in *[the altered area being accessible]{.underline}* to and
    usable by individuals with disabilities including persons who use
    wheelchairs.

**Rail Train Car Accessibility\
49 CFR §37.93**

-   Existing rail transit systems were required to have at least *[one
    accessible car per train]{.underline}* by July 26, 1995.

-   All *[new]{.underline}* railcars must be accessible. **§37.79**

-   All *[used]{.underline}* railcars must be accessible. **§37.81**

-   All *[remanufactured]{.underline}* railcars must be accessible.
    **§37.83**

**Maintenance of Accessible Features\
49 CFR §37.161-163**

-   Includes: *[lifts/ramps]{.underline}*, securement devices,
    elevators, signage, and public address systems.

-   Must be repaired *[promptly]{.underline}*.

-   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.

**Keeping Lifts Operable\
49 CFR §37.163**

Public entities/non-rail must:

-   Establish system of regular & frequent *[maintenance
    checks]{.underline}*,

-   Report failures as soon as possible, and

-   Provide *[alternative transportation]{.underline}* to persons with
    disabilities if the headway to the next accessible vehicle on a
    fixed route exceeds *[30 minutes]{.underline}*.

**Keeping Lifts Operable\
49 CFR §37.163**

POPULATION \> 50K

If there is no spare -

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

5 days from the date the lift is discovered to be inoperative.

"The Common Wheelchair"\
**49 CFR §37.3**

-   Aid for persons with mobility impairments

-   3 or 4 wheeled device

-   Appropriate for indoor use

-   Does not exceed 30 X 48 inches (measured 2 inches above the ground)

-   Weighs no more than 600 pounds when occupied

**Wheelchair Lift & Securement Requirements**

-   Securement systems on all accessible buses §38.23

-   Transport all common wheelchairs §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

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-   Must *[secure]{.underline}* wheelchair upon request 37.165(f)

-   Must *[assist]{.underline}* with securement systems, ramps and
    seatbelts upon request 37.165(f)

-   Must allow *[standees]{.underline}* to use the lift on request
    37.165(g)

-   May require wheelchairs to remain in designated securement
    locations, person [may]{.underline} transfer; however, you may not
    require person to transfer 37.165(e)

**STOP ANNOUNCEMENTS\
49 CFR 37.167(b)**

-   Must announce *[transfer points]{.underline}*, *[major
    intersections]{.underline}* & *[destination points]{.underline}*,
    and *[intervals]{.underline}* along a route sufficient to permit
    individuals to be oriented to their location

-   Must announce stops on request

**\
Route Identification\
49 CFR §37.167(c)**

Where vehicles or other conveyances for *[more than one route serve the
same stop]{.underline}*, 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

**Other Service Requirements 49 CFR §37.167**

-   Entity must ensure that operators make use of accessibility features
    and equipment.

-   Information regarding transportation services must be made available
    in usable *[alternative formats]{.underline}*.

-   Persons with disabilities must be allowed to *[exit at any
    stop]{.underline}* unless it would damage the lift or there are
    temporary conditions beyond entity's control.

**Designated Priority Seating\
49 CFR §37.167(j)**

-   Bus operators *[must ask]{.underline}* 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.

-   The operator is not required to enforce the request.

**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 require that a person with a disability use the designated
    priority seats. §37.5(c)

**ADA Complementary Paratransit** **49 CFR §37.121**

-   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.

-   Required of *public* fixed route providers.

ADA Complementary Paratransit:\
\
Eligibility

**Eligibility\
49 CFR** §37.123-125

**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 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

**Eligibility\
49 CFR** §37.123-125

**Eligibility\
Appeals**

**Eligibility**

Compliance Review Findings

-   Application makes no mention of 21-day presumptive eligibility

-   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 granted only for requested trips (doctor)

-   Conditional eligibility for temperate based on a too restrictive
    calendar timeframe.

**Eligibility**

Compliance Review Findings

-   Denial letter not stating reason for decision

-   Denial letter not stating right to appeal (especially for
    conditionally eligible)

-   Mandatory written appeal request inconsistent with opportunity to be
    heard

-   High rate overturns on appeal

-   Appeals decision not stating reason for decision

**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

**#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"

**#1 Service Area**

Compliance Review Findings

-   Lack of paratransit along fixed-route service that travels into
    adjacent municipality

-   Lack of paratransit across political boundaries within 3/4-mile

-   Insufficient communication in Rider's Guide

Promising

-   Coordinated paratransit service and transfers with neighboring
    jurisdictions

**#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.

**#2 Response Time**

Compliance Review Findings

-   Reservation lines only open for 4 hours on Sunday for next-day trips

-   Reservation lines closing early and/or disconnecting callers in
    queue

-   Trips negotiated outside the one-hour window not counted as denials

-   Offer/acceptance, not a negotiation

Telephone Access/Response Time

Performance Measures

-   Busy Signals

-   Average Hold Time

-   Longest Hold Time

-   Abandoned Calls

Compare Staffing Levels

Telephone Access/Response Time

Compliance Review Examples

-   Tulsa, OK

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-   2-5 minute average hold time (by day)

-   Under 20 seconds when closed (2004)

-   20-30% abandoned calls (10-70% by hour)

-   6% when closed (2004)

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-   Cleveland, OH - 7 to 12 min hold times

-   Atlanta, GA - 33% abandoned calls

-   New York - Avg hold time is \<20 seconds

Trip Denials

Performance Measure -- Total Volume

-   Requests made

-   Trips offered

-   Trips denied

Denial Rates

FTA's expectation is to plan and budget to serve 100 percent of
expressed demand (current and future).

Trip Denials

Compliance Review Examples

-   Atlanta, GA (2001)

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-   Sampling found 0.1-6.3% denial rates

-   Eliminated in 2005

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-   Tucson, AZ (2003)

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-   4.3-5.2% = 1,472 to 1,981 trips per month

-   Eliminated in 2005

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-   System with 2% denial rate

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-   76% of trips scheduled 7 days out

Missed Trips

Vehicle No-Shows (and trip not served)

-   Vehicle does not arrive

-   Vehicle leaves empty before the pick-up window begins

-   Vehicles arrives after the pickup window and leaves empty

Performance Standards?

Strategies to verify?

On-Time Performance\
**Pickups**

On-Time Pickup Window

-   Shortest: 15 minutes (-10/+5)

-   Longest: 40 minutes (-10/+30)(capacity constraints?)

Measures of On-Time Pickup

-   Early

-   In the window

-   Late

On-Time Performance\
**Pickups**

Compliance Reviews with Findings

-   Toledo, OH (88%)

-   Baltimore, MD (76%)

-   Orlando (85%)

On-Time Performance\
**Pickups**

Other Compliance Concerns

-   Lack of performance standards

-   Excessive early pickups

-   Different on-time standard for provider than communicated to rider

-   Pickup window not known by rider, driver, dispatcher

-   System with 2% of trips more than an hour after scheduled time -
    significantly late

On-Time Performance\
**Drop-Offs**

Unacceptable Goals

-   Allowance for late drop-offs

-   90% on-time (or early) drop-offs

Performance Measures

-   Early (how early?)

-   On-Time

-   Late (how late?)

On-Time Performance\
**Drop-Offs**

Recently Closed Compliance Review

Wichita, KS

-   74.5% early/on-time drop-offs

-   2%15-20 min late

-   1% more than 30 min late

-   CLOSED with over 90% early/on-time (pickups and drop-offs)

On-Board Travel Time

Ride time comparable to equivalent trip on the fixed route

-   Sample long trips

-   Measure actual trip on the fixed route

-   Include time to travel to/from bus stop and wait for first bus

-   Pattern?

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-   Time of Day? Certain Riders? Group Trips?

**#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.

**#3 Fares**

Compliance Review Findings

-   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)

-   Free-fare zone for fixed route but not paratransit

Promising

-   Free ride on fixed route

**#5 Hours & Days of Service**

Service must be available throughout the same hours and days as the
fixed route.

**#5 Hours & Days of Service**

Compliance Review Findings

-   Frequent examples of some bus service extending beyond paratransit
    hours

-   ESPECIALLY weekends, new services, special services (late-night,
    games, etc)

-   Insufficient communication in Rider's Guide

**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.

**Late Cancellation/No-Show**

Compliance Review Findings

-   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)

-   A suspension for one year of a rider who no-shows 12 times in a year
    would not be a reasonable sanction

Promising

-   NYC considers frequency, and only suspends riders who no-show more
    than 60% of 7+ trips

ADA Complementary Paratransit:\
\
Capacity Constraints

**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

-   Imposition wait lists, ***or***

-   Any "*[operational pattern or practice that significantly limits the
    availability of service]{.underline}."*

Operational Pattern or Practice that Significantly Limits the
Availability of Service

Including, but not limited to:

-   Untimely pickups

-   Trip denials

-   Missed trips

-   Trip with excessive trip lengths

FTA also specifically considers:

-   Untimely drop-offs (where appointment times are known)

-   Telephone/reservation access

**Capacity Constraints**

FTA Looks at:

-   Established Standards for performance

-   Complaints / Interviews Riders

-   Data Analysis

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-   Telephone Access

-   Trip Denials

-   Missed Trips

-   On-time Performance

-   On-board Travel Time

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-   Direct observations to validate data