Suggested Dos and Don’ts for Equivalent Facilitation Requests

6.Chapter 6 – Fixed Route Service

6.1Introduction

This chapter highlights the few regulatory service provisions that are specific and unique to fixed route services, including alternative transportation when bus lifts are inoperable, service to designated bus stops, priority seating, and stop announcements and route identification.

With this chapter, it is particularly important for the reader to reference Chapter 2 for the crosscutting service requirements that apply to all modes, including fixed route. Chapter 2 contains, for example, information on the following important provisions:

Maintaining accessible features, such as elevators

Keeping vehicle lifts/ramps in operative condition

Using lifts and securement systems

This Circular does not alter, amend, supersede, or otherwise affect the DOT ADA regulations themselves or replace the need for readers to reference the detailed information in the regulations. FTA recommendations and examples of optional practices are included throughout the Circular and do not represent requirements. FTA recognizes there are many different ways agencies can implement the regulatory requirements and ensure the delivery of compliant service. FTA encourages transit agencies to engage riders with disabilities when making decisions about local transit service.

6.2Lift/Ramp Issues Specific to Fixed Route

6.2.1Providing Alternative Transportation When Bus Lifts Are Inoperable

Requirement

Discussion

This could be done, for example, by having a “shadow” accessible service available along the route or having the bus driver call in the minute he saw an accessible passenger he could not pick up (including the original passenger stranded by an in-service lift failure), with a short (i.e., less than 30-minute) response from an accessible vehicle dispatched to pick up the stranded passenger.

As Appendix D highlights, transit agencies can use a variety of means to meet the alternative transportation requirement, including dispatching a similar accessible vehicle with a working lift or ramp or dispatching a different accessible vehicle (e.g., a paratransit van). Some agencies have other accessible vehicles in their fleets such as ramp-equipped vans (often supervisor vehicles) that they dispatch to provide accessible trips. FTA encourages agencies to adopt policies requiring bus drivers to immediately call into dispatch upon encountering a rider he or she cannot pick up due to an inoperable lift and for the agency to be prepared to dispatch alternative accessible transportation as soon as a driver reports the need.

When a lift cannot be deployed to a waiting rider, drivers typically are instructed to contact dispatch to determine whether an accessible bus is scheduled to arrive within 30 minutes and, if not, what alternative transportation solution is planned. An optional good practice is for an agency to adopt a policy that instructs a driver in this situation to (1) inform the rider that he or she is contacting dispatch to obtain further information and then (2) inform the rider when another bus is scheduled to arrive (i.e., within 30 minutes) or communicate the alternative transportation plan.

Another optional good practice is for an agency to have procedures in place to record these occurrences, the communication protocol followed, and the resolution (i.e., what time the next vehicle picked up the rider).

Instructing riders to wait for a vehicle scheduled to arrive more than 30 minutes later without arranging for alternative transportation is prohibited. Similarly, it is not appropriate for drivers to tell waiting riders that they do not know when the next bus might arrive.

Buses at Capacity

The requirement to provide alternative transportation does not apply if the only reason a bus cannot accommodate a rider who needs to use the lift is because the particular bus is full. “Full” can mean:

The waiting rider needs to use a securement location, but all securement areas are already occupied by riders who use wheelchairs.

The waiting rider needs to use a securement location, but securement areas are already occupied by riders whom the driver has asked to move but are unwilling to do so (absent a local mandatory-move policy discussed below).

The bus is at capacity, with no space to accommodate any additional riders.

When there is no space on the bus, FTA encourages agencies to instruct drivers to explain the situation to waiting riders, so they are not left with the misperception they are simply being passed by. Agencies may, of course, adopt a local policy of dispatching alternative transportation in these situations.

Ramp-Equipped Buses

As mentioned in Circular Chapter 2, while § 37.163 references “lifts,” FTA applies the same requirements to ramps and generally treats them interchangeably. For alternative transportation, however, there is an important difference. One advantage to ramp-equipped buses is that the ramps are typically easy to deploy manually if the automatic mechanism is out of order. Many transit agencies have policies directing drivers to manually deploy the ramp for the waiting rider instead of calling for alternative transportation. This solution is typically more efficient and expedient for both the agency and the rider. Moreover, the Part 38 vehicle specifications do not require ramps to have a mechanical deployment feature; manual deployment is allowable. For these reasons, FTA considers local policies that direct drivers to manually deploy ramps in lieu of arranging for alternative transportation acceptable.

6.2.2Deployment of Lifts/Ramps

Requirement

“The entity shall not refuse to permit a passenger who uses a lift to disembark from a vehicle at any designated stop, unless the lift cannot be deployed, the lift will be damaged if it is deployed, or temporary conditions at the stop, not under the control of the entity, preclude the safe use of the stop by all passengers” (§ 37.167(g)).

Discussion

A transit agency cannot declare a stop “off limits” to individuals with disabilities unless one of the three conditions above is present. Under normal operating conditions, drivers must position vehicles in order to allow riders to use lifts or ramps. This means ensuring that deployment of the lift or ramp is not obstructed by signposts, street furniture, security bollards, or parked vehicles. In addition, sufficient clearance must be available to enable riders to use the lift or ramp and to ensure that riders are able to reach the lift or ramp without stepping off a curb.

Both lifts and ramps need a relatively level area to deploy, whether the rider is boarding or alighting. Lifts are more sensitive to the cross slope of the surface where they are being deployed. If the cross slope is too steep, a lift’s sensors may not detect that it has reached the ground and possibly may not release the front safety flap that prevents a wheelchair from rolling on or off the lift. It is preferable to deploy a ramp onto a sidewalk, as this creates a less steep slope for riders to navigate—whether using a wheelchair, another mobility device, or traveling without a mobility device.

The following example from Appendix E to Part 37 (Reasonable Modification Requests) (see Circular Section 2.10), covers moving a vehicle in order to avoid obstructions:

Obstructions. For fixed route services, a passenger’s request for a driver to position the vehicle to avoid obstructions to the passenger’s ability to enter or leave the vehicle at a designated stop location, such as parked cars, snow banks, and construction, should be granted so long as positioning the vehicle to avoid the obstruction does not pose a direct threat. To be granted, such a request should result in the vehicle stopping in reasonably close proximity to the designated stop location. Transportation entities are not required to pick up passengers with disabilities at non-designated locations. Fixed route operators would not have to establish flag stop or route-deviation policies, as these would be fundamental alterations to a fixed route system rather than reasonable modifications of a system.

As the preamble to DOT’s 2015 final rule on Reasonable Modification of Policies and Practices explained, when a bus stop is obstructed under this scenario “the operator of the bus will need to slightly adjust the boarding location so that the individual using a wheelchair may board from an accessible location.”³²

The phrase “reasonably close proximity” in the example implies moving the bus a small distance away from the designated stop location. This does not mean stopping at non-designated locations (e.g., establishing flag stops). As FTA has explained in webinars, “slightly adjust” means feet, not blocks—just enough to avoid whatever is blocking the bus stop boarding/alighting area. Where possible, FTA encourages transit agencies to work to relocate bus stops that present such deployment challenges (by coordinating with land owners as needed), particularly at locations that present safety issues for all riders.

Directory: sites -> fta.dot.gov -> files -> docs
docs -> Federal Transit Administration Safety Advisory 14-1: Right-of-Way Worker Protection
docs -> Alternative Fuels and Propulsion Vehicle Incentives
docs -> Job Access Reverse Commute (jarc) Program fy 2010 Service Profiles
docs -> Review of the new jersey transit corporation
docs -> Review of new Jersey Transit Corporation
docs -> Review of the jacksonville transportation authority
docs -> Jacksonville Transportation Authority Assessment of ada complementary Paratransit Service Capacity Constraints June 8-11, 1999
docs -> Final policy statement
docs -> 1200 New Jersey Ave, se washington, dc 20590

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