Florida Administrative Code › 41 - COMMISSION FOR THE TRANSPORTATION DISADVANTAGED › 41 - Departmental › Chapter 41-2 - COMMISSION FOR THE TRANSPORTATION DISADVANTAGED › Section 41-2.006 - Insurance, Safety Requirements and Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Community Transportation Coordinator, shall ensure compliance with the minimum
				liability insurance requirement of $200,000 per person and $300,000 per
				incident, which are comparable to section   768.28(5), F.S., limits, for all
				transportation services purchased or provided for the transportation
				disadvantaged through the Community Transportation Coordinator. The Community
				Transportation Coordinator will indemnify and hold harmless the Local, State,
				and Federal governments and their entities, departments, and the Commission
				from any liabilities arising out of or due to an accident or negligence on the
				part of the Community Transportation Coordinator and all Transportation
				Operators under contract to them.
(2) Each Community Transportation
				Coordinator, and any Transportation Operators from whom transportation service
				is purchased with local government, state or federal transportation
				disadvantaged funds, shall ensure the purchaser that their operations and
				services are in compliance with the safety requirements as specified in section
				  341.061(2)(a), F.S. and chapter 14-90, F.A.C.
(3) Each Community Transportation
				Coordinator, and any Transportation Operators from whom service is purchased or
				funded by local government, state or federal transportation disadvantaged funds
				shall assure the purchaser of their continuing compliance with the applicable
				state or federal laws relating to drug testing.
(4) The Community Transportation Coordinator
				and any Transportation Operator from whom service is purchased or arranged by
				the Community Transportation Coordinator shall adhere to Commission approved
				standards. These standards include:
(a) Drug
				and alcohol testing for safety sensitive job positions within the coordinated
				system regarding pre-employment, randomization, post-accident, and reasonable
				suspicion as required by the Federal Highway Administration and the Federal
				Transit Administration;
(b) An
				escort of a passenger and dependent children are to be transported as locally
				negotiated and identified in the local Transportation Disadvantaged Service
				Plan;
(c) Use of child restraint
				devices shall be determined locally as to their responsibility, and cost of
				such device in the local Transportation Disadvantaged Service Plan;
(d) Passenger property that can be carried by
				the passenger and/or driver in one trip and can safely be stowed on the
				vehicle, shall be allowed to be transported with the passenger at no additional
				charge. Additional requirements may be negotiated for carrying and loading
				rider property beyond this amount. Passenger property does not include
				wheelchairs, child seats, stretchers, secured oxygen, personal assistive
				devices, or intravenous devices;
(e) Vehicle transfer points shall provide
				shelter, security, and safety of passengers;
(f) A local toll free phone number for
				complaints or grievances shall be posted inside the vehicle. The TD Helpline
				phone number 1(800)983-2435 shall also be posted inside all vehicles of the
				coordinated system. The local complaint process shall be outlined as a section
				in the local Transportation Disadvantaged Service Plan including, advising the
				dissatisfied person about the Commission's Ombudsman Program as a step within
				the process as approved by the local Coordinating Board. All rider
				information/materials (brochures, user's guides, etc.) will include the TD
				Helpline phone number;
(g) Out of
				service area trips shall be provided when determined locally and approved by
				the local Coordinating Board, except in instances where local ordinances
				prohibit such trips;
(h) Interior
				of all vehicles shall be free from dirt, grime, oil, trash, torn upholstery,
				damaged or broken seats, protruding metal or other objects or materials which
				could soil items placed in the vehicle or provide discomfort for the
				passenger;
(i) Billing requirements
				of the Community Transportation Coordinator to subcontractors shall be
				determined locally by the local Coordinating Board and provided in the local
				Transportation Disadvantaged Service Plan. All bills shall be paid within 7
				working days to subcontractors, after receipt of said payment by the Community
				Transportation Coordinator, in accordance with section   287.0585,
				F.S.;
(j) Passenger/trip data base
				must be maintained or accessible by the Community Transportation Coordinator on
				each rider being transported within the system;
(k) Adequate seating for paratransit services
				shall be provided to each rider and escort, child, or personal care attendant,
				and no more passengers than the registered passenger seating capacity shall be
				scheduled or transported in a vehicle at any time. For transit services
				provided by transit vehicles, adequate seating or standing space will be
				provided to each rider and escort, child, or personal care attendant, and no
				more passengers than the registered passenger seating or standing capacity
				shall be scheduled or transported in a vehicle at any time;
(l) Drivers for paratransit services,
				including coordination contractors, shall be required to announce and identify
				themselves by name and company in a manner that is conducive to communications
				with the specific passenger, upon pickup of each rider, group of riders, or
				representative, guardian, or associate of the rider, except in situations where
				the driver regularly transports the rider on a recurring basis. Each driver
				must have photo identification that is in view of the passenger. Name patches,
				inscriptions or badges that affix to driver clothing are acceptable. For
				transit services, the driver photo identification shall be in a conspicuous
				location in the vehicle;
(m) The
				paratransit driver shall provide the passenger with boarding assistance, if
				necessary or requested, to the seating portion of the vehicle. The boarding
				assistance shall include opening the vehicle door, fastening the seat belt or
				utilization of wheel chair securement devices, storage of mobility assistive
				devices, and closing the vehicle door. In the door-through-door paratransit
				service category, the driver shall be required to open and close doors to
				buildings, except in situations in which assistance in opening/closing building
				doors would not be safe for passengers remaining on the vehicle. Assisted
				access must be in a dignified manner. Drivers may not assist wheelchair up or
				down more than one step, unless it can be performed safely as determined by the
				passenger, guardian, and driver;
(n) Smoking is prohibited in any vehicle.
				Requirements for drinking and eating on board the vehicle will be addressed in
				the local Transportation Disadvantaged Service Plan;
(o) The Community Transportation Coordinator
				and the local Coordinating Board shall jointly develop a policy on passenger
				no-shows. Assessing fines to passengers for no-shows is acceptable but such
				policy and process shall be identified in the local Transportation
				Disadvantaged Service Plan;
(p) All
				vehicles providing service within the coordinated system, shall be equipped
				with two-way communications in good working order and audible to the driver at
				all times to the base;
(q) All
				vehicles providing service within the coordinated system, shall have working
				air conditioners and heaters in each vehicle. Vehicles that do not have a
				working air conditioner or heater will be scheduled for repair or replacement
				as soon as possible;
(r) First Aid
				policy shall be determined locally and provided in the local Transportation
				Disadvantaged Service Plan;
(s)
				Cardiopulmonary Resuscitation policy shall be determined locally and provided
				in the local Transportation Disadvantaged Service Plan;
(t) Driver background screening shall be
				determined locally, dependent upon purchasing agencies' requirements, and
				provided in the local Transportation Disadvantaged Service Plan;
(u) In areas where fixed route transportation
				is available, the Community Transportation Coordinator should jointly establish
				with the Local Coordinating Board (LCB) a percentage of total trips that will
				be placed on the fixed route system;
(v) The Community Transportation Coordinator
				should establish and address the passenger pick-up windows in the local
				Transportation Disadvantaged Service Plan. This policy should also be
				communicated to contracted operators, drivers, purchasing agencies and
				passengers;
(w) The Community
				Transportation Coordinator and the LCB should jointly establish and address the
				percentage of trips that will be on-time in the local Transportation
				Disadvantaged Service Plan. This performance measure should be communicated to
				contracted operators, drivers, purchasing agencies, and passengers. This
				measure should also be included as a part of the Community Transportation
				Coordinator's evaluation of its contracted operators, and the LCB's evaluation
				of the Community Transportation Coordinator;
(x) The Community Transportation Coordinator
				should establish and address in the local Transportation Disadvantaged Service
				Plan a minimum 24 hour advanced notification time to obtain services. This
				policy should be communicated to contracted operators, purchasing agencies and
				passengers;
(y) The Community
				Transportation Coordinator and the LCB should jointly establish and address in
				the service plan a performance measure to evaluate the safety of the
				coordinated system. This measure should be used in the Community Transportation
				Coordinator's evaluation of the contracted operators, and the LCB's evaluation
				of the Community Transportation Coordinator;
(z) The Community Transportation Coordinator
				and the LCB should jointly establish and address in the local service plan a
				performance measure to evaluate the reliability of the vehicles utilized in the
				coordinated system. This measure should be used in the Community Transportation
				Coordinator's evaluation of the contracted operators, and the LCB's evaluation
				of the Community Transportation Coordinator;
(aa) This performance measure can be used to
				address the accessibility of the service. The Community Transportation
				Coordinator and the LCB should jointly determine if a standard for a call hold
				time is needed in the coordinated system and address this in the local service
				plan. If determined to be necessary, this standard should be included in the
				LCB's evaluation of the Community Transportation Coordinator;
(bb) The Community Transportation Coordinator
				and the LCB should jointly establish and address in the local service plan a
				performance measure to evaluate the quality of service provided within the
				coordinated system. The measure should be used in the Community Transportation
				Coordinator's evaluation of the contracted operators, and the LCB's evaluation
				of the Community Transportation Coordinator.