New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter C - New York City Transit Authority, Manhattan And Bronx Surface Transit Operating Authority And Staten Island Rapid Transit Operating Authority Paratransit Rules › Part 1035 - Provision Of Ada-paratransit Service Within The City Of New York › Section 1035.2 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following
				  individuals are ADA-paratransit-eligible:
(1)
				  any individual with a disability who is unable, as the result of a physical or
				  mental impairment (including a vision impairment), and without the assistance
				  of another individual (except the operator of a wheelchair lift or other
				  boarding assistance device), to board, ride, or disembark from any vehicle on
				  the system which is readily accessible to and usable by individuals with
				  disabilities; or
(2) any individual
				  with a disability who needs the assistance of a wheelchair lift or other
				  boarding device and is able, with such assistance, to board, ride and disembark
				  from any vehicle which is readily accessible to and usable by individuals with
				  disabilities if the individual wants to travel on a route on the system during
				  the hours of operation of the system at a time, or within a reasonable period
				  of such time, when such vehicle is not being used to provide designated public
				  transportation on the route:
(i) an
				  individual is eligible under this paragraph with respect to travel on an
				  otherwise accessible route on which the boarding and disembarking location
				  which the individual would use is one at which boarding or disembarking from
				  the vehicle is precluded as provided because the vehicle's wheelchair lift or
				  other boarding device cannot be deployed; or the lift or device would be
				  damaged if deployed; or temporary conditions at the location, not under the
				  authority's control, preclude safe use of the stop by all passengers;
(ii) an individual using a common wheelchair
				  is eligible under this paragraph if the individual's wheelchair cannot be
				  accommodated on an existing vehicle, even if that vehicle is accessible to
				  other individuals with disabilities and their mobility wheelchairs;
(iii) with respect to the rapid transit
				  system, an individual is eligible under this paragraph if the individual could
				  use an accessible rapid transit system, but there is not yet one accessible car
				  per train on the system; or key stations designated in the authority's Key
				  Station Plan have not yet been made accessible; or
(3) any individual with a disability who has
				  a specific impairment-related condition which prevents such individual from
				  traveling to a boarding location or from a disembarking location on such
				  system:
(i) only a specific
				  impairment-related condition which prevents the individual from traveling to a
				  boarding location or from a disembarking location is a basis for eligibility
				  under this paragraph. A condition which makes traveling to a boarding location
				  or from a disembarking location more difficult for a person with a specific
				  impairment-related condition than for an individual who does not have the
				  condition, but does not prevent the travel, is not a basis for eligibility
				  under this paragraph; and
(ii)
				  architectural barriers not under the control of the authority and environmental
				  barriers (e.g., distance, terrain, weather) do not, standing alone, form a
				  basis for eligibility under this paragraph. The interaction of such barriers
				  with an individual's specific impairment-related condition may form a basis for
				  eligibility under this paragraph if the effect is to prevent the individual
				  from traveling to a boarding location from a disembarking location.