Personal Care Attendants and Companions

9.8Personal Care Attendants and Companions

Requirement

(1) One other individual accompanying the ADA paratransit eligible individual shall be provided service—

(i) If the ADA paratransit eligible individual is traveling with a personal care attendant, the entity shall provide service to one other individual in addition to the attendant who is accompanying the eligible individual;

(ii) A family member or friend is regarded as a person accompanying the eligible individual, and not as a personal care attendant, unless the family member or friend registered is acting in the capacity of a personal care attendant;

(2) Additional individuals accompanying the ADA paratransit eligible individual shall be provided service, provided that space is available for them on the paratransit vehicle carrying the ADA paratransit eligible individual and that transportation of the additional individuals will not result in a denial of service to ADA paratransit eligible individuals;

(3) In order to be considered as ‘accompanying’ the eligible individual for purposes of this paragraph (f), the other individual(s) shall have the same origin and destination as the eligible individual” (§ 37.123(f)).

“In applications for ADA paratransit eligibility, the entity may require the applicant to indicate whether or not he or she travels with a personal care attendant” (§ 37.125(i)).

Discussion

PCAs are sometimes family members or friends. In some instances, PCAs are other individuals with a disability. This might be an individual with a physical disability who assists someone with a vision disability or who accompanies an individual with an intellectual disability who cannot travel independently.

Section 37.123(f)(1) grants complementary paratransit riders the right to be accompanied by “at least one” companion. Section 37.123(f)(2) obligates transit agencies to accommodate additional companions if space is available, meaning that they do not displace other eligible riders. Such companions can be a spouse, a child, a coworker, a friend, or anyone else traveling with riders.

PCAs differ from companions. While both accompany riders with disabilities, PCAs also assist riders with a daily life activity. Appendix D to § 37.123 notes, “a companion (e.g., friend or family member) does not count as a personal care attendant unless the eligible individual regularly makes use of a personal care attendant and the companion is actually acting in that capacity.”

To be viewed as “accompanying” an eligible rider, PCAs and companions must board and disembark at the same locations as eligible individuals. This means that transit agencies are not required to transport PCAs and companions to or from other locations.

To ensure space availability for all riders, it is appropriate for transit agencies to require riders making trip reservations to indicate that they will be traveling with a PCA or companion.

As noted in Circular Section 8.4.6, PCAs pay no fare but transit agencies are permitted to charge companions the same fare charged to ADA paratransit eligible riders. Agencies are not required under § 37.123(f) to allow a complementary paratransit rider to be accompanied by more than one PCA at a time. The section of the regulations references “a personal care attendant” in the singular. In some cases, however, a complementary paratransit rider might want to bring along more than one companion.

9.8.1Eligibility Considerations and PCAs

Even when applicants seeking ADA paratransit eligibility indicate they always need a PCA for travel, a transit agency-imposed requirement to always travel with a PCA is inconsistent with § 37.5(e).⁴⁶ (See Circular Section 2.2.5.) Some riders may be able to use complementary paratransit unattended by a PCA for some trips (e.g., those ending at a destination familiar to them).

9.9Service for Visitors

Requirement

“Each public entity required to provide complementary paratransit service under § 37.121 of [Part 37] shall make the service available to visitors as provided in this section” (§ 37.127(a)).

“For purposes of this section, a visitor is an individual with disabilities who does not reside in the jurisdiction(s) served by the public entity or other entities with which the public entity provides coordinated complementary paratransit service within a region” (§ 37.127(b)).

Discussion

This requirement obligates transit agencies to provide complementary paratransit service to individuals with disabilities visiting their area. Visitors are defined as individuals who reside outside an agency’s jurisdiction. In cases where multiple transit agencies have developed a coordinated regional paratransit service, visitors are defined as those residing outside of the regional jurisdiction. Appendix D to § 37.127 explains:

[Section 37.127] requires each entity having a complementary paratransit system to provide service to visitors from out of town on the same basis as it is provided to local residents. By “on the same basis,” we mean under all the same conditions, service criteria, etc., without distinction. For the period of a visit, the visitor is treated exactly like an eligible local user, without any higher priority being given to either.

FTA notes that granting visitor eligibility is a fairly simple and quick process enabling individuals to contact the host agency to learn what is required and then being able to easily meet the requirements. This also means that upon receipt of any required documentation described below, transit agencies are to quickly enter necessary information into any databases or systems to permit visitors to place trip requests. FTA envisions this as a process that can often be completed the same day or no more than one day later.

9.9.1Visitors with Eligibility from Another Transit Agency

Requirement

“Each public entity shall treat as eligible for its complementary paratransit service all visitors who present documentation that they are ADA paratransit eligible, under the criteria of § 37.125 of [Part 37], in the jurisdiction in which they reside” (§ 37.127(c)).

Discussion

Individuals that other transit agencies have determined to be ADA paratransit eligible can present documentation of eligibility received from these other agencies. As discussed in Appendix D to § 37.123, host transit agencies “will give ‘full faith and credit’ to the ID card or other documentation from the other [transit agency].” Agencies must accept this documentation directly from the individual and not require that the documentation be provided directly from the individual’s home transit agency.

9.9.2Visitors Without Eligibility from Another Transit Agency

Requirement

“With respect to visitors with disabilities who do not present such documentation, the public entity may require the documentation of the individual’s place of residence and, if the individual’s disability is not apparent, of his or her disability. The entity shall provide paratransit service to individuals with disabilities who qualify as visitors under paragraph (b) of this section. The entity shall accept a certification by such individuals that they are unable to use fixed route transit” (§ 37.127(d)).

Discussion

Individuals with disabilities might not have documentation of ADA paratransit eligibility from another transit agency because they reside in areas without public transit or they have not applied for eligibility in their home area. Asking such individuals to provide proof of residence to verify they qualify as a visitor is appropriate. For visitors whose disability is apparent, § 37.127(d) prohibits agencies from requiring additional documentation. For visitors whose disability is not apparent (e.g., cognitive disability or cardiac condition), requiring documentation of disability, such as a letter from a medical professional or eligibility for other services based on a determination of disability, is permitted. Once this basic documentation is provided, Appendix D to § 37.127 states that “the local provider will make service available on the basis of the individual’s statement that he or she is unable to use the fixed route transit system.”

9.9.3Duration of Visitor Eligibility

Requirement

“A public entity shall make the service to a visitor required by this section available for any combination of 21 days during any 365-day period beginning with the visitor’s first use of the service during such 365-day period. In no case shall the public entity require a visitor to apply for or receive eligibility certification from the public entity before receiving the service required by this section” (§ 37.127(e)).

Discussion

This requirement obligates transit agencies to provide visitors with complementary paratransit service for any combination of 21 days during a 365-day period beginning with the visitor’s first use of the service. This requirement prohibits agencies from requiring visitors to apply for ADA paratransit eligibility. However, for visitors requesting service beyond the 21 days in the 365-day period, it is appropriate to ask such visitors to apply through the agency’s eligibility process. An optional good practice is to ask visitors when they first call if they expect to use the service for more than 21 days in the next 365-day period and to offer application materials if they answer in the affirmative.

Directory: sites -> fta.dot.gov -> files -> docs
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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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