Federal Transit Administration November 4, 2015 Subject: americans with disabilities act (ada): guidance


Commuter Bus, University Transportation, and Supplemental Services



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6.8Commuter Bus, University Transportation, and Supplemental Services


Fixed route is typically thought of in terms of non-commuter city bus service or rail service. The following discussion provides guidance on three other types of services that are also considered fixed route (including whether complementary paratransit is required for each) – commuter bus, university transportation, and supplemental service for other transportation modes.

6.8.1Commuter Bus Service


Commuter bus is a common form of fixed route service but has a specific definition in the regulations, as follows:

Commuter bus service means fixed route bus service, characterized by service predominantly in one direction during peak periods, limited stops, use of multi-ride tickets, and routes of extended length, usually between the central business district and outlying suburbs. Commuter bus service may also include other service, characterized by a limited route structure, limited stops, and a coordinated relationship to another mode of transportation.” (See § 37.3.)

As highlighted in Circular Section 8.2, the definition is important because under § 37.121(c), commuter bus services are not subject to the requirement to provide complementary paratransit service. A bus route may have characteristics of commuter and non-commuter service. For example, if a bus route makes stops in a suburban service area and provides local service (i.e., local trips within the suburban service area), then the regulations require that local-service portion of the bus route to have complementary paratransit service. However, if this route proceeds on a highway with no intervening stop until arriving in a downtown where most riders alight, then a transit agency would not have to provide complementary paratransit service between the suburban service area and downtown.

A case-by-case assessment by the transit agency is needed to determine whether a specific bus route meets the definition of commuter bus service. During a complaint investigation or other oversight activity, FTA may require an agency to substantiate how a particular service meets the definition of commuter bus. (See FTA response to Complaint 14-0067 for an example of an FTA analysis of whether a particular service met the definition.)


6.8.2University Transportation Systems

Requirement

“Transportation services operated by private institutions of higher education are subject to the provisions of [Part 37] governing private entities not primarily engaged in the business of transporting people” (§ 37.25(a)).

“Transportation systems operated by public institutions of higher education are subject to the provisions of [Part 37] governing public entities. If a public institution of higher education operates a fixed route system, the requirements of [Part 37] governing commuter bus service apply to that system” (§ 37.25(b)).


Discussion

In some cases, public universities receive FTA funding to operate fixed route service. While this Circular covers such grantee services, the requirements vary depending on the type of service provided, as follows:

When the fixed route service provided serves only the university (i.e., students, faculty, and staff), the service is considered analogous to commuter bus service in accordance with § 37.25(b). As such, the nondiscrimination requirements apply as well as those for facilities, vehicle acquisition, and service provision for public entities operating fixed route service. Under § 37.121(c), commuter bus services are not subject to the requirement to provide complementary paratransit service.

When the fixed route service operated by the public university also provides service to the broader community, it is not a “university transportation system” and therefore complementary paratransit requirements apply.

In some cases, transit agencies that receive FTA funding may also operate fixed routes that serve public or private universities. The requirements in such instances will vary depending on the type of service provided, as follows:

A route does not become “university service” simply because it serves or passes through a university. Such routes are part of the transit agency’s regular fixed route service and are subject to the requirements for complementary paratransit.

If a transit agency operates a route or routes at the behest of, under contract to, funded by, and for the purposes of a university (i.e., closed-door service that provides transportation only for students, faculty and staff), such routes would be regarded as “university service” and the requirements for complementary paratransit would not apply.


6.8.3Supplemental Service for Other Transportation Modes

Requirement

“Transportation service provided by bus or other vehicle by an intercity [or] commuter rail operator, as an extension of or supplement to its rail service, and which connects an intercity rail station and limited other points, is subject to the requirements of [Part 37] for fixed route commuter bus service operated by a public entity” (§ 37.35(a)).

“Dedicated bus service to commuter rail systems, with through ticketing arrangements and which is available only to users of the commuter rail system, is subject to the requirements of [Part 37] for fixed route commuter bus service operated by a public entity” (§ 37.35(b)).


Discussion

Some commuter rail operators provide fixed route transportation services to supplement their rail services or connect rail stations with a limited number of other points. Such services are subject to the same requirements as public-entity-provided fixed route commuter bus services. In these instances, complementary paratransit service is not required.

Some transit agencies provide bus services to commuter rail systems with through-ticketing arrangements that are limited to commuter rail passengers. These services are also governed by the requirements for public-entity-provided commuter bus services, and complementary paratransit service is not required.


Attachment 6-1
Sample On-Board Fixed Route
Stop Announcement Data Collection Form

Section 37.167(b) requires transit agencies to announce stops on fixed route systems, at least at transfer points with other fixed routes, other major intersections and destination points, and intervals along a route sufficient to permit individuals with visual impairments or other disabilities to be oriented to their location. (See Circular Section 6.6.)

The attached form is a sample data collection device for use in monitoring compliance with this requirement. FTA recognizes there are many different ways of collecting such data and monitoring compliance.

When monitoring stop announcements on fixed route vehicles, FTA recommends observers be as inconspicuous as possible and behave as regular riders.

For each announcement, FTA recommends observers record:

Whether the announcement was made

How the announcement was made (by the driver or by the automated system)

Whether the announcement was audible

Whether the announcements were timely (i.e., early enough for riders to press a stop request indicator button)

FTA recommends observers also note other relevant issues:

Whether the driver used the public address system to announce stops

Whether the driver (or automated system) announced stops not on the stop list

Whether a rider asked the driver to announce a particular stop and if the driver announced that stop properly

Whether the route includes certain locations or stops for which the regulations require announcements but they were not announced. Such announcements can include places along long intervals without any announcements, as well as route segments with several turns.

FTA recommends observers sit in the middle or toward the rear of the vehicle to confirm that announcements are audible from these locations.

For any given set of observations, FTA notes that observers do not need to ride the full route; 10–20 minutes on a vehicle observing a single driver is usually sufficient, when part of a larger set of observations.




On-Board Fixed Route Stop Announcement Data Collection Form

Date

Bus No.

Route No.

Direction

Destination

Boarded at:

Disembarked at:

Time (a.m./p.m.)

Time (a.m./p.m.)

Location: Include all stops called out by driver, in addition to all scheduled time points and transfer points

Stop type: Indicate major intersection, transfer, major destination, turn, etc.



Location

Stop Type

On-board Announcement Made? Yes/No

Announcement Method: Voice/PA/ Automated

Audible? Yes/No

Timely? Yes/No

























































































































































































































































































































































Total Locations

Made

Not Made

Voice

PA

Automated

Audible

Not Audible

Timely

Untimely


































Notes:


Name: ___________________________________________________

Attachment 6-2


Sample Route Identification Data Collection Form

Section 37.167(c) requires transit agencies to 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 a particular route when vehicles for more than one route serve the same stop. (See Circular Section 6.7.)

The attached two-page form is a sample data collection device for use in monitoring compliance with this requirement. FTA recognizes there are many different ways of collecting such data and monitoring compliance.

When monitoring route identification practices, FTA recommends that observers be as inconspicuous as possible while collecting data.

FTA recommends observers stand at stops or stations served by multiple routes or lines, such as major transfer centers or downtown locations. As each bus or train arrives, FTA recommends observers record:

Vehicle number

Route number or line name

Time of arrival

Whether an announcement of the route or line took place

Whether the driver, another transit employee, or an automated system made the announcement

Information included in the announcement

The number of routes and lines that serve each stop or station observation site and the operating schedule will determine how much data each observer can record.




Route Identification Data Collection Form

Stop/Station/Location

Date

Page No.
Total Pages:


1

Vehicle No.

Route/Line No./Name

Time (a.m./p.m.)

Route Announced? Y/N

Text of Announcement

2

Vehicle No.

Route/Line No./Name

Time (a.m./p.m.)

Route Announced? Y/N

Text of Announcement

3

Vehicle No.

Route/Line No./Name

Time (a.m./p.m.)

Route Announced? Y/N

Text of Announcement

4

Vehicle No.

Route/Line No./Name

Time (a.m./p.m.)

Route Announced? Y/N

Text of Announcement

5

Vehicle No.

Route/Line No./Name

Time (a.m./p.m.)

Route Announced? Y/N

Text of Announcement

6

Vehicle No.

Route/Line No./Name

Time (a.m./p.m.)

Route Announced? Y/N

Text of Announcement

7

Vehicle No.

Route/Line No./Name

Time (a.m./p.m.)

Route Announced? Y/N

Text of Announcement

8

Vehicle No.

Route/Line No./Name

Time (a.m./p.m.)

Route Announced? Y/N

Text of Announcement

9

Vehicle No.

Route/Line No./Name

Time (a.m./p.m.)

Route Announced? Y/N

Text of Announcement

10

Vehicle No.

Route/Line No./Name

Time (a.m./p.m.)

Route Announced? Y/N

Text of Announcement

Notes/observations (lift/ramp use, assistance provided, etc.)


Name: ___________________________________________________

Route Identification Data Collection Form

Stop/Station/Location

Date

Page No.
Total Pages:


11

Vehicle No.

Route/Line No./Name

Time (a.m./p.m.)

Route Announced? Y/N

Text of Announcement

12

Vehicle No.

Route/Line No./Name

Time (a.m./p.m.)

Route Announced? Y/N

Text of Announcement

13

Vehicle No.

Route/Line No./Name

Time (a.m./p.m.)

Route Announced? Y/N

Text of Announcement

14

Vehicle No.

Route/Line No./Name

Time (a.m./p.m.)

Route Announced? Y/N

Text of Announcement

15

Vehicle No.

Route/Line No./Name

Time (a.m./p.m.)

Route Announced? Y/N

Text of Announcement

16

Vehicle No.

Route/Line No./Name

Time (a.m./p.m.)

Route Announced? Y/N

Text of Announcement

17

Vehicle No.

Route/Line No./Name

Time (a.m./p.m.)

Route Announced? Y/N

Text of Announcement

18

Vehicle No.

Route/Line No./Name

Time (a.m./p.m.)

Route Announced? Y/N

Text of Announcement

19

Vehicle No.

Route/Line No./Name

Time (a.m./p.m.)

Route Announced? Y/N

Text of Announcement

20

Vehicle No.

Route/Line No./Name

Time (a.m./p.m.)

Route Announced? Y/N

Text of Announcement

Notes/observations (lift/ramp use, assistance provided, etc.)


Name: __________________________________________________



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