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HomeMy WebLinkAbout1992/01/07 Item 13 U&~~ YU~I"U..J\,II\ RECEIVED DEe 3 1 1991 COUNCIL AGENDA STATEMENT EXHiBiT / I-Prrrlr<-ft- IZ1 t"')V I I Ita' -- c.-TY OF CHlI.A VISTA po ""Y.> W(lPO(S OI'5IA1IOIl Keeting Date IntgZ ITEM TITLE: Report on Complementary Paratransit Service Plan is required by the Americans with Disabilities Act prepared by the ;r:I..II.).,..iRmI TransU DeveloPll!8nt Board Director of Public Works o/f/ City Manager (4/5ths Vote: Yes~....L.)' SUBMITTED BY: REVIEWED BY: As a public transit operator of Chilli Vista Transit (CVT). SCOOT IIlIst be in cOllpl1ance with the provisions of the Americans with Disabilities Act (ADA) which was passed by Congress on July 26, 1990. One ADA requi relllent is that public entities operating fixed route transportation service also prOVide complementary paratransit service to individuals unable to use the fixed route system. A coordinated complementary paratransit plan is currently being developed for the Metropolitan Transit Development Board (HTDB) area, with input from all fixed route operators under MTDB jurisdiction (San Diego Trans it, San Di ego Trolley, County Trans i t Sys telO, Chula Vista Trans it, and National City Transit). If a plan is being submitted on bellalf of lIore than one agency, ADA regulations require that an authorizing resolution be adopted by each agency and sublllitted to the region's transit board and the Regional Planning Organization, which in this region are MTOB and SANDAG. RECOMMENDATION: That Council: 1. Accept this report. 2. RecOlllll\end to SCOOT Board that the Board adopt a resolution authorizing . MTOB to submit a Complementary Paratransit Service Plan on behalf of SCOOT in compliance with the Americans with Disabilities Act. (/> BOARDS/ClMlISSIONS RECottIENDATION: Not applicable. 1 f DISCUSSION: The ADA is a comprehensive civil rights lIleasure wbich prohibits discri.ination against individuals with disabilities in employlllent, housing, and transportation. The intent of the law is to ensure equal access for persons with dfsabilities to . public accommodations, public services, telecommunications. and transportation. On September 6. 1991, the U. S. Department of Transportation issued regulations implementing transportation elements of the ADA. These regulations affect all transportation providers. Attlc_nt I, which is Chapters 1 and 2 fTOlll the ADA Paratransit Handbook issued by the Urban Mass Transportation Administration (OOA). presents an overview of the law in Chapter I, and outlines clIIIIpl...ntary paratransit service requirements in Chapter' 2. The key provisions of the ADA regulations pertaining to transportation providers Ire: All newly acquired Dr re-manufactured buses Ind rln cars lIust be accessible Ind have two wheelchair securement positions. ./ ~ IB-I Page 2, Item 13 Meeting Date 1/7/92 - Demand responsive systems (like HandYtrans) must be accessible. - Complementary paratransit service must be provided for those i ndi vi dua 1 s who cannot use fi xed route servi ce. This service must be comparable in terms of days, hours, and geographic coverage to the fixed route service. - All information services must be accessible to vision and hearing impaired individuals. - All mob il ity devices commonly used by the disabled must be accommodated in transit vehicles. - All employees who deal with disabled individuals must be trained to operate equipment safely and be sensitive to the needs of the disabled. - All new transit related construction must be accessible. A coordinated complementary paratransit plan is currently being developed for the MTDB area. The North County Transit District (NCTD) is developing a plan for its area of jurisdiction. The MTDB plan is being developed with input from the disabled community and transit operators. ADA regulations require that there be a publ ic hearing on the plan. MTDB held a public advisory meeting to discuss the draft plan on December 19, 1991, and a formal public hearing is scheduled at the MTD Board meeting on January 9, 1992. Final plan approval is schedul ed for January 23, 1992 at MTDB, and January 24, 1992 at SANDAG. Highlights of MTDB's Proposed Complementary Paratransit Plan are: - The plan util izes a five-year phasing period as allowed by the regulations for complete implementation. - Within two years, all fi xed route buses in the MTDB area wi 11 be accessible. Currently, all CVT and HandYtrans vehicles are accessible. - Bus stops will be made accessible to wheelchairs where practicable. - Existing funding sources (TDA Article 4.5 and Proposition A) earmarked for senior and disabled transportation serv i ce wi 11 be used to fund necessary improvements. - ADA trips will be provided by the existing elderly and disabled transit service providers. Service improvements will be made on an incremental basis over the 5-year period as demand warrants. - The certification process for individuals who are eligible for ADA tri ps has not yet been fi na 1 i zed, but probably wi 11 be handl ed by designated social service agencies and the Coordinated Transportation Services Agency (CTSA). 13"'';' ----."--- Page 3, Item 13 Meeting Date 1/7/92 After submitting the Complementary Paratransit Pl an to UMTA by January 27, 1992, as required by law, MTDB and transit operator staffs will spend the next few months working out the deta i1 s of implementing the plan. A current tentative schedule is to develop standard ADA eligibility and certification procedures by July 1992, conduct a community outreach and information program during July and August, and begin the certification process in September 1992. Trans it staff will update Counc i1 and SCOOT Board as deta i1 s on pl an implementation are developed. FISCAL IMPACT: It is anticipated that Transportation Development Act (TDA) Article 4.5 funds for HandYtrans operations will be sufficient to comply with the first fiscal year of ADA plan implementation (FY 1992-93). However, the ultimate fiscal impact of the ADA is uncertain at this time, and depends to a large extent on the demand for complementary paratransit services by eligible ADA individuals. WMG/File: DS-032, 05-036 WPC 1518T 13....3 / /3-~ -- '~'---"'_.'--'--'--"'--'------ · /f'nì4CH ßl E?1J T I ADA PARATRANSIT HANDBOOK 1 The Americans with Disabilities Act of 1990 and Related Regulations Section I, modifying work schedules; or other An Overview of the Law changes that allow the person to fulfill the The Americans with Disabilities Act of essential functions of the job. Employers 1990 (the ADA) is the culmination of with 25 or more employees must comply almost 20 years of debate on the issue of with this section of the law by July 26, disability rights. It provides a 1992. Employers with 15 to 24 employees comprehensive framework and approach have an extra two years, or until July 26, for ending discrimination against persons 1994, to meet these requirements. with disabilities. The stated national goals 7ïtle II, Title II addresses public of the ADA are identified in its preamble services. Discrimination against persons and include assuring that persons with with disabilities is prohibited in all disabilities have equality of opportunity, a services, programs, or activities provided chance to fully participate in society, are by public entities. able to live independently, and can be It is important to note that this section economically self-sufficient. also covers services provided by private The ADA has five sections, or Titles. The entities under contract to public entities. A first four set out specific standards for contract provider "stands in the shoes" of nondiscrimination and equal opportunity the granting agency. Public entities still in four key ares. Title V includes several are responsible for making sure that these administrative and miscellaneous services meet the requirements of the ADA provisions. Titles I through IV are even if they do not provide them directly. summarized below. A substantial part of Title II addresses 7ïtle 1. Title I addresses employment. transportation provided by public entities. Discrimination against qualified In general, the law prohibits public individuals with disabilities is prohibited entities from denying individuals with in all aspects of employment including disabilities the opportunity to use public hiring, advancement, discharge, employee transportation services, if the individuals compensation, and job training. are capable of using the system. It also Reasonable accommodation for qualified prohibits public entities from providing applicants or employees also is required services which discriminate against unless it imposes an undue hardship on persons with disabilities. Specific actions the operation of the business. Reasonable which must be taken by public transit accommodations include making the job agencies, commuter rail authorities, and site accessible; providing employees with AMTRAK to avoid discrimination are interpreters, readers, or communications delineated. For example, the law requires equipment such as a telecommunications that: display device (TDD); partial restructuring · all newly purchased or leased of non-essential elements of the job; vehicles used in fixed route service must be accessible. 1-1 13"5' I- I ADA PARATRANSIT HANDBOOK · public entities which provide fixed facilities, privileges, and advantages of route public transportation any privately owned "place of public service also must offer accommodation" by persons with comparable paratransit service to disabilities. It is this section of the law individuals with disabilities who that provides for access to hotels, are unable to use the fixed route restaurants, theaters, stores, professional system. offices, schools, museums, terminals, de· · new or used vehicles purchased or pots, or other stations rued for public leased for use in general public transportation, and a number of other demand responsive service must privately owned places used by the be accessible wùess it can be general public. Barriers that can be shown that equivalent service is eliminated without much difficulty or provided to persons with expense must be removed by January 26, disabilities. 1992. Alterations to existing facilities · vehicles which are must provide for access. New facilities remanufactured (defined to constructed for first occupancy after include structural changes) to January 26, 1993 also must include extend their useful life beyond a accessibility features. given number of years (5 years for In addition to requiring access to facilities, buses, 10 years for commuter and this section prohibits discrimination by intercity rail cars) must include private entities in the provision of accessibility features. services; the setting of policies; or other · new facilities must be accessible. advantages, privileges and · alterations to transit facilities accommodations provided to the public. must include features to make them accessible. Alterations This Title also includes requirements for covered by the law include the provision of public transportation by changes that affect or could affect private entities. The law distinguishes the usability of the facility. Not between companies providing covered are normal maintenance, transportation as a primary business and painting, or changes to the companies, such as hotels or convention electrical, mechanical, or centers, which offer transportation as a plumbing systems. secondary service. Companies offering · key stations in rail systems must transportation as a secondary service be made accessible by July 26, must purchase or lease vehicles which are 1993. accessible if these vehicles are to be used · One car per train in rapid rail and in fixed route service and seat more than light rail systems must be 16 passengers (including the driver). If a accessible by July 26,1995. fixed route service is offered using smaller A chart of these requirements is provided vehicles, these vehicles also must be accessible wùess it can be shown that as Table 1.1. equivalent service is provided to persons Title Ill, A significant difference with disabilities. between the ADA and past disability laws Companies providing transportation as a is that specific requirements for primary service must purchase or lease non-discrimination are extended to the new vehicles (except automobiles or private sector. Title III of the ADA over-the-road coaches) that are accessible addresses public accommodations and if the vehicles are to be used in fixed route services operated by private entities. This service and seat eight or more passengers section of the law provides for the full and (including the driver). 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Both types of companies must purchase Regulations issued on July 26, 1991 by the accessible vehicles used in demand Equal Employment Opportunity responsive service unless the system, Commission (EEOC) implement the when viewed in its entirety, provides employment provisions of the ADA equivalent service to persons with contained in Title I. The Department of disabilities. Justice (DOJ) issued regulations Private airlines are exempted from the implementing Title II and Title III and covering all public services and public ADA (but must comply with provisions of accommodation issues other than trans- the Air Carrier Access Act) and special portation on July 26, 1991. The Federal provisions are made for intercity bus Communications Commission (FCC) is companies operating over-the-road responsible for implementing the coaches. The law calls for a study to be telecommunications section (Title IV) and undertaken to examine the potential published its regulations in the Federal demand for accessible intercity bus service Register on August 1, 1991. and the alternatives for providing this service. Regulations covering transportation Title Iv. This section of the law services provided by both public entities (under Title II) and private entities (under addresses telecommunications access. Title III) were issued by the Department Under this section, the nation's telephone of Transportation (USDOT). Two sets of companies are required to begin offering regulations have been issued to date. The telecommunications relay services for first, contained in the October 4, 1990, individuals with hearing impairments or Federal Register, implemented speech impairments by July 26, 1993. requirements for purchasing or leasing Relay services enable a person with a vehicles that are accessible. It also speech or hearing impairment to call an required public entities providing operator using a telecommunications paratransit service to maintain present display device (TDD). The operator, who levels of service until their plans for also has a TDD, then relays the complementary paratransit service are conversation by voice to a third party. submitted. The second set of regulations Similarly, a person using the voice was published in the September 6, 1991, telephone system can converse with an Federal Register. This rule supersedes individual with a speech or hearing the October 4, 1990, rule and implements disability through the same relay service. other provisions of the ADA. Section 2, ... This second rule is contained in Implementing Regulations Appendix A of this handbook. The USDOT regulations include design Many sections of the ADA, including the standards for both facilities and vehicles transportation provisions, are open to issued by the Architectural and interpretation. This is not unusual for Transportation Barriers Compliance major legislation. The purpose of the law Board (Access Board). Design standards is to set goals, define general types of for facilities are provided in Appendix A of discrimination, and create a framework for the DOT rule. Vehicle design standards addressing this discrimination. As with are included as Part 38 of the regulation other civil rights legislation, specific definitions, interpretations, and 1-4 13"r' · ADA PARATRANSIT HANDBOOK and are also included in Appendix A of this the first time, accessibility standards for Handbook. vehicles and amends the standards for .. Appendix K of this handbook facilities previously used by Section 504. contains the names and phone numbers While the ADA changed the approach of persons in each federal agency who to access and nondiscrimination, it can be contacted for further did not replace Section 504. The information about the implementing general requirement of Section 504 - that regulations. entities not discriminate against persons Section 3, with disabilities as a condition of eligibility for federal funding - still exists. Relationship to Section 504 Rather, the two laws are now interrelated. Passage of the ADA and the issuance of Compliance with the provisions of the ADA is now a condition of compliance with implementing regulations changed many Section 504. aspects of public dis- ability policy previously Access to ru;ed route systems is Many provisions of the established under Sec- required. Under the ADA, ADA are not yet in tion 504 of the Re- paratransit is not a substitute for force. Requirements for habilitation Act of 1973 fixed route service but a facility access and (Section 504). The ADA supplement for those who are complementary par- established clear unable to use the fixed route atransit service, for national goals and a system. example, will not specific and detailed become effective until course of action required to meet those January 26,1992. During this transition goals. Compared to Section 504, the ADA period, the provisions of Section 504 still requires a much greater degree of apply. Compliance with the facility access "affirmative action" in employment, provisions of Section 504 is also still programs, services, and policies. As a civil required. rights law, the ADA also elevates the The USDOT regulations also state that importance of access and recipients offederal transit funding are nondiscrimination beyond eligibility for expected to make decisions during this federal funding. transition period that are consistent with Several changes in transportation policy the future requirements of the ADA. If a have been made. The ADA no longer decision about the design of existing allows public entities providing general paratransit service will be made before public transportation the option either of January 26,1992, it should be in the making their fixed route systems direction that will make compliance with accessible or providing separate the ADA's complementary paratransit paratransit service for persons with service provisions easier to achieve. disabilities. Access to fixed route systems Similarly, modifications and alterations to is required. Under the ADA, paratransit is facilities should include, whenever not a substitute for fixed route service but possible, the latest ADA standards, even if a supplement for those who are unable to they are not yet required. use the fixed route system. Finally, entities previously subject to the The ADA is more extensive in its coverage employment provisions of Section 504 of the various modes of transportation. must now comply with Title I of the ADA Detailed requirements for commuter rail, and with the regulations issued by EEOC. rapid rail, and light rail vehicles and Compliance by these recipients offederal service are included. Another significant funding is required regardless of the difference is that the ADA establishes, for number of persons they employ. 1-5 13"'1 .'-'--"'~-'-- -- -_._._~---~_.._-,--~-----_..~.__..~--_.- . , ADA PARATRANSIT HANDBOOK Section 4. obligations, rather than on the imposition of sanctions. They also state that priority Enforcement in enforcement will be given to situations The ADA specifies the administrative where there is a "pattern or practice" of processes that regulating agencies are to discrimination, rather than to isolated follow in enforcing provisions of the law. operational issues. The powers, remedies, and procedures set In addition to administrative enforcement, . forth in the Civil Rights Act of 1964 apply the ADA gives private individuals the to the employment provisions of Title I and right to initiate legal action against to the public accommodation and service entities that violate the law. These private provisions of Title III. Injunctive reliefis actions can be brought concurrent with also permitted under Title III. any administrative action. Section 505 of Enforcement of Title I is the responsibility the ADA also provides for the awarding of ofEEOC. Title III enforcement is to be attorney's fees in any private action or provided by DOJ with the assistance of administrative proceeding. USDOT. Where state or local laws conflict with The remedies, procedures, and rights provisions of the ADA, federal law applies. wlùch exist under Section 504 (set forth in The same would apply to local Section 505 of the Rehabilitation Act of agreements, including labor-management 1973) apply to the requirements of Title II. agreements. A local law or agreement that Enforcement responsibilities under this did not allow bus drivers to leave their Title are shared by seats, for example, USD~T ~~ DOJ. .. ."priority in enforcement will be would be preempted by PublIc entitie~ receIVIng given to situations where there is a §37.165 of the USDOT fed~ral finanCIal "pattern or practice" of regulations. The ADA assIs~ce from USDOT discrimination, rather than to does not, however, are subject to the isolated operational issues. preempt state and local enforcement procedures laws or agreements of that agency. Other wlùch have equal or additional public entities are subject to the requirements. enforcement provisions in the DOJ Section 5, regulations. DOJ and USDOT have coordinated their regulations so that all Important Definitions transportation-related complaints will be fit Appendix B provides a handled by USDOT. comprehensive listing oftenns and . Complaints concerning transportation definitions used in the USDOT under both Title II and Title III must first regulations and the sections of the ADA be filed with the USDOT Office of Civil wlùch relate to transportation. Rights. USDOT will then investigate and, Many of these tenns and definitions also if violations exist, will attempt to resolve the problem. Ifviolations are not are explained as they are used in the corrected, USDOT will initiate proceedings various chapters of this handbook. A few to cut off federal funds. In addition, all key definitions and general concepts wlùch entities subject to these regulations may affect many different aspects of the be subject to further administrative or regulations are discussed below. judicial action byDOJ. What Ì8 a "dÌ8ability"'l The tenn The USDOT regulations state that "disability" is defined to include any physical or mental impairment that enforcement of Title II will focus on substantially limits one or more major life ensuring that entities meet their activities, a record of such an impainnent, 1·6 13-10 · ADA PARATRANSIT HANDBOOK or being regarded as having such an with general or special service, including impairment. Major life activities include charter service, on a regular and caring for one's self, performing manual continuing basis. Commuter and intercity tasks, walking, seeing, hearing, speaking, rail services are excluded from this type of breathing, learning, and working. The public transportation because they are definition used in the ADA is similar to the treated separately by the ADA. Public one used in Section 503 and Section 504 of school transportation is excluded because the Rehabilitation Act of 1973 and in the it is covered under the Rehabilitation Act many regulations implementing that law of 1973. with two additions: persons with cognitive ". . . " disabilities and those with contagious or SpeCIfied p.ubhc transpo:tation refers to noncontagious diseases (including transportation by bus, ra~l, or any ot~er tuberculosis and HIV disease) are conveY8;Dce (othe~ than aIrcraft) proVld~d specifically included in the definiti n. b~ a pnvate entIty ~ the g;ene~al pu~hc, o WIth general or speCIal semce (mcluding ~ A ~~~led discussion of specific charter service) on a regular and disablhtles and how they relate to the continuing basis. provision of complementary paratransit . .. service is provided in Chapter 4 of this Air semce IS excluded from both of these handbook definitions of public transportation , . .. . because, as mentioned earlier, it is covered What I. a "publIC entIty'? A public under the Air Carrier Access Act of 1986 entity is defined as any State or local (P.L. 99-435). government, any department, agency, . . . special purpose district, or any other These definitioJls are ADA speC?-fic and do instrumentality of a not necessanly apply to State or States or local Con.idering the.e de{initionø, it i. other laws or to th~ government, the clear that the ADA WØB intended to federal mass. transIt National Railroad be comprehen.ive in it. coverage of pro~a~. NeIther Passenger Corporation all type. oftran.portation not defini?on has the same (AMTRAK), or any alreadyaddre..ed by other law.. ~e.~ng as the term commuter authority ehgtb~e ~ass tr~ns- under the Rail Passenger Service Act. portatlon, used m What i. the difference between connection with programs fU?ded under "~- '-at d bl' t rtat'" the Urban Mass TransportatIOn Act of ......1.... e pu IC ranøpo Ion 1964 and ".pecified public tran.portation'? . As noted earlier, the ADA contains Considering these definitions, it is clear requirements for public entities that are that the ADA was intended to be different than those for private entities. It comprehensive in its coverage of all types also addresses modes of transportation of transportation not already addressed by differently. The terms "designated public other laws. transportation" and "specified public How are "fixed route .ervice" transportation" were created to "demand re.ponøive .ervice" ~nd dis~~sh between different modes and "paratranBit" defined? The ADA broadly entities. defines all types of transportation using "Designated public transportation" refers these first two ~rms. ~d route is to transportation provided by a public en- defined as semce proVlded along a tily (other than public school prescribed route according to a fixed transportation) by bus, rail, or other schedule. Demand re.pon.ive is any conveyance (other than transportation by service whi~ .is not fixed route. The te~ aircraft or intercity or commuter rail parafranølt IS commonly used ~ descnbe transportation) that provides the public certain types of demand responSIve 1-7 1;$-11 _._ _.____u._._ ._._.,.."__ ADA PARATRANSIT HANDBOOK services. The USDOT's implementing and ramps). Ramps, lifts and other regulations and this handbook use accessibility hardware need to be properly "paratransit" to describe the comparable designed, however, to meet the needs of transportation service that must be persons with disabilities and to provided for individuals with disabilities accommodate different mobility aids. who are unable to use fixed route systems. Access also involves proper training of Many types of transportation, such as personnel and proper maintenance of equipment. The operating policies and route deviation systems and certain types procedures adopted by transit agencies are of shuttle bus services, are not easy to also an important part of an "accessible" classify using these broad definitions. service. Finally, access means making .. Chapter 2 discusses several of these public information and communications and clarifies whether or not systems accessible to persons with vision complementary paratransit service is and hearing impairments. required in each case. .. Appendix E provides suggestions for What makes a service "accessible'" developing accessible information and Access is often thought of as physical communications. access to vehicles and buildings (i.e. lifts , · · 1-8 · IJ"/~ · ADA PARATRANSIT HANDBOOK 2 ... Complementary Paratransit Service Requirements Section 1. Commuter rail and intercity rail services When Is Complementary are not subject to complementary Paratransit Service Required? paratransit service requirements because, like public school transportation and The underlying tenets of the ADA are transportation by aircraft, they are not equal opportunity, full participation, and included in the ADA's definition of independence. The law intends for persons "designated public transportation". with disabilities to have equal access to Commuter bus service also is exempted. faci1~~es an~ to be able to fully and equally The regulations define commuter bus partiCIpate m programs and services. service as being predominantly in one Access to mainline, fixed route service is, direction during peak periods, having therefore, to be provided. limited stops, using multi-ride tickets, and While access to fixed route systems is the having routes of extended length, usually primary focus, the law acknowledges that between a central business district (or some persons with disabilities are not able other employment center) and outlying to use fixed route services even if these suburbs. Systems with limited route services are accessible. The law also structures, limited stops, and a acknowledges that until fixed route coordinated relationship to another mode systems are made completely accessible, of transportation also are defined as alternative means of transportation need commuter bus services. A number of to be provided to persons who are systems fall within this definition and are otherwise able to use accessible fixed route mentioned specifically in the regulations. services. Complementary paratransit They include: service is required in Section 223 of the · shuttle bus services operated by ADA to serve those persons whose needs public airports, which connect cannot be met by fixed route systems. tenninals, parking lots, or a Complementary paratransit is not limited number of other local required in all cases where fixed route destinations (§37.33); service is provided. Section 223 of the ADA · Fixed route systems operated by applies only to designated public public universities (§37.25); transportation as defined in Chapter 1. The USDOT regulations implementing · bus systems used to supplement this section of the law requires that, intercity rail service which except for commuter bus, commuter rail, connect rail stations to a limited and intercity rail systems: number of other points (§37.35); "...each public entity operating a fixed and, route system, shall provide paratransit · dedicated bus service to or other special service to individuals commuter rail systems which are with disabilities that is comparable to available only to users of the rail the level of service provided to system and which have through individuals without disabilities who ticketing arrangements (§37.35). use the fixed route system." (§37.121) 2-1 1]-'" --...- "-_.._._ . _ __.___ ___ __ __ ___._.. _..··___·,·___·,___·__".'_··~.n'·___ ADA PARATRANSIT HANDBOOK A second important distinction is that human service agencies (e.g. a weekly complementary paratransit service is "shopping shuttle" for a senior center). If required only if the fixed route service is this service is only provided to clients of operated by a public entity (see definition the human service agency, complementary in Chapter 1). The word "operate" is paratransit service is not required. If this defined to include both direct operation service also is open to the public, however, and contracted operation. A contract is complementary paratransit service must broadly defined to include any formal or be provided. informal arrangement. A fourth factor in determining if Not all relationships are covered by this complementary paratransit service must requirement. Complementary paratransit be provided is whether or not the service service does not have to be provided by operated fits the definition of a fixed public entities which only license or route service. The regulation addresses regulate an operator of fixed route service. several types of systems that do not easily Similarly, complementary paratransit fit into the broad definitions of fixed route service is not required ü and demand responsive a public entity provides As a general rule, service would service included in the capital assistance to a be considered "under contract" to ADA. Specifically fixed route operator but a public agency if the service mentioned are is otherwise not involved would otherwise be operated by the vanpools, which are · in the design or funding public entity. designated as demand of the operation. Nor responsive services in does the regulation require the private §37.31, and airport jitney and shuttle entity receiving the subsidy to provide systems, which also are categorized as paratransit service, since the demand responsive in §37.33. complementary paratransit service Case-by-case determinations will be requirements only apply to public entities. needed for other systems which combine States which pass-through Section 18 or elements of both fixed route and demand Section 16(b)(2) funding to private, responsive service. Appendix D ofthe non-profit agencies are not responsible, regulation offers guidance on this issue. It solely by reason of awarding these funds, states that a key factor to be considered is · whether riders must request the service, to also provide complementary paratransit service. It should be noted that, while typically by Tn" king a call. It further complementary paratransit service is not states that route deviation systems, in required, for-profit and non-profit private which rider requests determine the exact entities must comply with all other route, are considered demand responsive applicable sections of the law. services. .. Route deviation and a similar type As a general rule, service would be of service known as "point deviation" considered "under contract" to a public are discussed in more detail in Section agency if the service would otherwise be 3 of Chapter 6. Guidance is offered on operated by the public entity. the design of these types of services. · Third, complementary paratransit is A final clarification involves "unusual" required only if fixed route service is open fixed route systems, such as inclined to the general public. If fixed route service planes and aerial tramways. For these is available only to a defined group, such types of systems, the feasibility of as employees, complementary paratransit providing complementary paratransit service is not required. This also would must be evaluated on a case-by-case basis. apply to regularly scheduled The length of the system and the area in transportation provided under contract to which it operates are factors to consider. If 2-2 , J3"/Y ADA PARATRANSIT HANDBOOK paratransit service as typically defined is The second category of eligibility ( not practical, reasonable efforts must be includes: made to accommodate persons with "Any individual with a disability who disabilities. Providing an alternative needs the assistance of a wheelchair which would duplicate the service as lift or other boarding assistance device closely as possible (or provide improved and is able, with such assistance, to service) is permitted. board, ride, and disembark from any Section 2. vehicle which is readily accessible to and usable by individuals with To Whom Must Complementary disabilities if the individual wants to Paratransit Service be travel on a route of the system during Provided? the hours of operation of the system at a time, or within a reasonable period of The regulations identify three categories of such time, when such a vehicle is not individuals who are eligible for being used to provide designated public complementary paratransit service. These transportation on the route." persons are considered "ADA Eligibility under this category depends on paratransit eligible", Each public entity the accessibility of vehicles and routes. A providing complementary paratransit person is eligible for paratransit service if service must establish a process for determining ADA paratransit eligibility. the fixed route on which they want to travel is not yet accessible. Guidance on The first category of eligibility includes: exactly what constitutes an accessible "Any individual with a disability who is fixed route is provided in the regulation unable, as the result of a physical or and explanatory appendix. For example: mental impairment (including a vision · An individual is eligible for impairment), and without the paratransit if a vehicle's lift or assistance of another individual (except boarding device could not be the operator of a wheelchair lift or deployed at the stop which they other boarding assistance device), to want to use; board, ride, or disembark from any · An individual is eligible if they vehicle on the system which is readily accessible to and usable by individuals use a "common wheelchair" but with disabilities." cannot be served by the fixed route system because the lift on Included in this category are individuals the vehicle they need to use does with mental or visual impairments who not meet the equipment cannot "navigate the system". Recognizing standards contained in Part 38 of destinations, understanding transfers, and the regulation. A common being able to distinguish between vehicles wheelchair is defined as one that at busy transfer stations are all examples can be accommodated by of navigating the system. With the equipment meeting the exception of assistance provided by the standards; driver or other employees of the service, · A person is eligible if the bus eligibility under this category is based on a person's ability to independently use the route on which they want to service. A person traveling with a friend or travel is not 100% accessible. attendant is still eligible for paratransit . Similarly, a person is eligible if service even if they would be able to use they need to travel on a rapid or the fixed route system with this other light rail system that is not yet in person's help. full compliance with the 2-3 /1 '15 --..--.----.--.--- ---- _.. ------..--------.-- ._--_.-..,~"---,_.._..._-,--- ADA PARATRANSIT HANDBOOK regulation. Full compliance live. If these individuals have been means that all key stations are certified as "ADA para transit eligible" by accessible and one car per train is another public entity, that certification accessible. An individual would be must be honored for up to 21 days. If they eligible in this example even if have not been certified as eligible by accessible bus service is provided another public entity but claim that they in the same area. are ADA paratransit eligible, they are The third category of eligibility entitled to "presumptive eligibility" for up to 21 days. If service is needed beyond this includes: period, they can be required to apply for · "Any individual with a disability who eligibility in the area they are visiting. has a specific impairment-related ... Chapter 4 of this handbook condition which prevents such addresses each of these eligibility individual from traveling to a boarding issues in greater detail. It also provides location or from a disembarking guidance on establishing a location on such system." determination process in compliance Two important qualifiers to this category with the regulations. are included in the regulations. First, the Section 3. "specific impairment-related condition" must prevent the person from using the What Level of Service Is fixed route system. Conditions which make Required? , getting to or from stops/stations more difficult do not confer eligibility. Second, Complementary paratransit programs architectural barriers not under the must provide a level of service that is control of the public entity (such as comparable to that provided on the fixed curb-cuts), and environmental barriers route system. Six criteria for determining (such as distance, terrain, and weather) do comparability are included in the not, when considered alone, confer September 6, 1991 rule. These state that eligibility. If, however, travel to or from a the paratransit service must: boarding location is impossible when these · Operate in the same service factors are combined with the person's area as the fixed route system. specific impairment-related condition, · Have a response time (defined as · paratransit service must be provided. the elapsed time between a Paratransit service also must be provided request for service and the to a personal care attendant traveling with provision of service) that is an eligible rider. In addition to a personal comparable. care attendant, the regulations require · Have comparable fares. that service be provided to one companion · Have comparable days and accompanying an eligible rider. Other persons accompanying the rider are to be hours of service, accommodated on a "space available" · Meet requests for any trip basis. Persons are considered to be purpose. · accompanying the eligible rider if they are · Not limit service availability picked up and dropped off at the same because of capacity constraints. locations as the eligible rider. In addition, the regulations establish The needs of visitors with disabilities also requirements for several aspects of are addressed. Complementary operation, including: paratransit service must be provided to · no-show policies; ADA eligible individuals who travel to areas outside of the region in which they 2-4 1.3 "/~ , . ADA PARATRANSIT HANDBOOK · types of service; Persons with disabilities and groups ¡ . .. ., representing them must be consulted in subscnptIon semce, all phaBeB of the planning process. · equipment specifications; Outreach efforts are required to inform · maintenance of access equipment. individuals w~o a~ likely to be affected , that the plan IS bemg prepared and to · the use of lifts and securement invite their input. Plans must be available systems; for public review and comment before · accommodation of mobility aids ~hey ørelinøliud, and must be provided and life support equipment· m accessIble f?rmats.upon ~equest. At , least one pubhc heanng, WIth adequate · the provision of accessible notice, also must be sponsored. information and communications; Plans t indi' te h full " and mus œ w en compl.lance , with the regulation will be achieved. Full · employee training; compliance is required aB BOOn aB is .. The six service criteria and each of posBible, but no later than January 26,1997. the o~erating ~tandards listed above Ifparatransit services in full compliance are discussed m Chapter 5, cannot be implemented within one year, Section 4, plans must include mil~stones which show "measured and proportIonal progress." In How and When Must Service be its review of plans, UMTA will determine, Implemented? on a case-by-case basis, whether it . . believes that progress toward compliance A plan for .proV1~ng complementa.ry can be achieved in a more expeditious paratranslt semce must be subnutted. on manner. If it is determined that full or ~efore Janu~ry 26, 1992 by all pubhc compliance is possible in a shorter ~nti!i~s prepanng timeframe, plans will Jndlvldual plans. An F II " , 'd b· ted 'f dditi· al . th· u comp lance IB requIre aB e reJec even I a on slxmon SIS "bl b la '" . . " Boon aB IB poBBI e, utno ter comp lance III pro~ded if aJOJnt plan than January 26, 1991, Ifit iB de. propoBed in less than IS bemg prebPli!1redti~ti~ two termined that full compliance is the maximum five ormorepu cen es 'bl' h '.~ " t t' .th I· poIIBI e In a s orier tIme, rome, year Imp emen a Ion WI over appmg or la '" be 'd 'f nod contiguous service areas p ,lIB WI, re.Jecte, even I com· pe , or jurisdictions and they pllance!B propoBed In 14;BB than Implementation of each find it impossible to the m~mum (ive year Imple· paratransit plan also complete the plan by the mentatIOn period. must commence on January deadline. In January 26, 1992. An these cases, all elements of the joint plan UMTA decision on the plan is not required that can be completed should be submitted before service is initiated. If changes are on January 26, 1992. Remaining elements required as a result ofUMTA's review, of the plan must be submitted by July 26, service design and operating procedures 1992. If all elements of a joint plan are not can be adjusted as necessary. sub~tted by Janua~ 26, 19~2, e~ch In order to begin implementation, a en~ty also ';Dust proV1d~ ~ert¡fi~tion of process for determining who is "ADA theIr co~tmen~ to ~Jomt semce and paratransit eligible" must be a first that. they ~l II1a1n~ current leve!s of priority. Ifa process is not in place on se~ce dunng the SIX month extensIon January 26, 1992, it must be developed as penod. soon thereafter as is administratively possible. 2-5 11-/7 _ _·M_.____..~~ _"__... __' """~_"."_..., _ _ __ _~__'______._n_"___ ..__.._____._______,_, ADA PARATRANSIT HANDBOOK UMTA will review plans and will provide In cases where undue financial burdens writen notice if a plan is disapproved. If a will still occur, the regulations provide for plan, or any portion of it, is disapproved, a waivers to be granted by the UMTA revised plan must be resubmitted within Administrator. It is important to note that 90 days of the receipt of a disapproval waivers only apply to the six service letter. The public participation process criteria described in Section 3 of this required for the development of initial chapter. Operating requirements included plans must be used for any revisions. in the regulation must be met without It Chapter 7 provides guidance on exception. developing a paratransit plan. An undue financial burden waiver can be Section 5. requested either at the time initial plans are submitted or during the course of Undue Financial Burden Waiver implementation. Waivers can only be Provisions requested on January 26, 1992, if it is The law and regulations consider the determined that: financial realities facing public transit · full compliance by January 26, systems. Five provisions, listed below, 1997 is not possible; or, , were included to . measured minimize the potential Requests for waivers must dem- progress cannot be financial burden of . onstrate that an undue financial made in each year. complying with the burden will result from the imple- A waiver should be requirements of the mentation of the required par· requested, for regulations. atransit service. Only those costs example, if it is · Service pro- associated with providing re- determined that vided to ADA quired services can be counted to· little or no progress Paratransit EI- ward an undue burden. will be possible in igible in- the first year. . dividuals by other paratransit Waivers can be requested during the providers in the area can be course of implementation if circumstances counted as part of the total effort assumed in the initial plan change and in the area. full compliance by January 26, 1997 is no · The service area that must be longer possible. covered is limited to comparable Requests for waivers must demonstrate fixed route corridors. that an undue financial burden will result · Required eligibility is limited to from the implementation of the required those who cannot otherwise use paratransit service. Only those costs the fixed route system. associated with providing required services can be counted toward an undue , · Fixed route bus systems are burden. Costs incurred providing services considered accessible if lift buses to persons who are not ADA paratransit are available by advance eligible or services which go beyond the reservation through required service criteria cannot be Call-A-Lift-Bus or On-Call Bus included. programs. The regulations identify several factors · A phase-in period of up to 5 years that will be considered by UMTA in is provided for full determining whether or not an undue implementation of complementary financial burden exists. Waiver requests paratransit service. . 2-6 IJ--/r' ADA PARATRANSIT HANDBOOK must contain information which will allow service be provided along key routes UMTA to evaluate each of these factors. (defined as routes that run at least hourly) "Appendix F of this handbook during morning, noon, and evening peak provides a listing of these factors and periods, even if to do so would cause an other information concerning undue undue financial burden. financial burden waiver requests. Finally, it is important to note that if If a waiver is approved, the public entity waivers are granted, they wi"·be for a may be asked to provide as much service limited and Bpecified time period. If a as possible without incurring an undue request is approved, a waiver will be burden. UMTA also may ask that the plan granted for an amount of time beyond the be changed ifit feels that more efficient allowed implementation period which is and effective ways to provide service exist. needed to achieve full compliance. This This can include a requirement to work period of time will be determined from more closely with other providers of information contained in the plan and paratransit service in the area. UMTA also UMTA's evaluation of the public entity's can ask that complementary paratransit financial and operating situation. 2-7 1:1"'1' . -.-.... -.-.... ----_._--.-,---- -.--,-.....--..--- -'---'-~"