Federal Transit Administration November 4, 2015 Subject: americans with disabilities act (ada): guidance
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12.8Transit Agency MonitoringTransit agencies must sufficiently monitor their service, provided in house or by contractors, in order to confirm internally, and in some cases to FTA during oversight activity, that the service is being delivered consistent with the ADA requirements. State recipients are also responsible for ensuring the compliance of their subrecipients, as covered in Circular Chapter 1. FTA does not dictate the specifics of an agency or state’s monitoring efforts. Approaches for monitoring will vary based on the characteristics of the service and local considerations. When transit agencies contract with other entities (public or private), these other entities “stand in the shoes” of the agency. Section 37.23 requires the agency to ensure that the other entity meets the relevant Part 37 requirements. (See Circular Section 1.3.2.) FTA recommends that agencies enter into clearly worded and concise contracts with explicit service provision requirements, including minimum performance standards, incentives and penalties, and regular reporting. Table 12-1 lists the Circular chapters in which monitoring-related activities are discussed. Table 12-1 – Circular Chapters that Discuss Monitoring Activities
To ensure compliant service, FTA recommends that transit agencies go beyond reviewing performance reports and data or conducting desk audits and observe actual service. Even when agency policies and procedures may be correct, actual practices may differ. Monitoring how transit employees interact with riders with disabilities is a key element in ensuring compliance. Some of these activities, such as whether vehicle operators announce stops, are relatively easy to monitor (e.g., through the use of secret riders). Other activities, such as properly deploying bus ramps at stops, occur less frequently. Approaches for monitoring compliance may depend on the frequency of activity that occurs in service. Attachment 12-1 Sample Comment Form [Transit Agency] is committed to providing you with safe and reliable transportation services and we want your feedback. Please use this form for suggestions, compliments, and complaints. You may also call us at [number], visit our Customer Service Center at [address], or contact us by email or U.S. postal mail at the addresses below. Please make sure to provide us with your contact information in order to receive a response. [Include Agency Name, Responsible Employee Name or Title, Address, Telephone, and Email link]
* Drop-down menu on web forms Abbreviations and Acronyms ABA – Architectural Barriers Act of 1968 Access Board – U.S. Architectural and Transportation Barriers Compliance Board ACD – Automatic Call Distribution ADA – Americans with Disabilities Act ADA-ABA AG – ADA-ABA Accessibility Guidelines of 2004 ADAAG – ADA Accessibility Guidelines AGT – Automated Guideway Transit ANSI – American National Standards Institute BRT – Bus Rapid Transit CFR – Code of Federal Regulations CIL – Center for Independent Living CR – Curb ramps CRO – Complaints Resolution Official DOJ – Department of Justice DOT – Department of Transportation DOT Standards – ADA Standards for Transportation Facilities (2006) incorporating ADA-ABA AG with additional modifications FACTS – Functional Assessment of Cognitive Transit Skills FHWA – Federal Highway Administration FRA – Federal Railroad Administration FTA – Federal Transit Administration GVWR – Gross Vehicle Weight Rating HIPAA – Health Insurance Portability and Accountability Act IBC – International Building Code ISA – International Symbol of Accessibility LEP – Limited English Proficiency MAP-21 – Moving Ahead for Progress in the 21st Century MOU – Memorandum of Understanding MPH – Miles per hour PCA – Personal Care Assistant PII – Personally Identifiable Information PVO – Passenger Vehicle Operator RED – Regional Eligibility Database Section 504 – part of the Rehabilitation Act of 1973 pertaining to prohibition of discrimination TCRP – Transit Cooperative Research Program TDD – Telecommunications Device for the Deaf Title VI – of the Civil Rights Act of 1964, protecting persons from discrimination TRS – TTY (see below) Relay Service TTY – Text Telephone U.S.C. – United States Code UFAS – Uniform Federal Accessibility Standards 1 See the Title II program access requirements applicable to state and local governments under the ADA. In this example, in the event the taxi provider has no accessible taxis, the city may provide service to individuals who need accessible vehicles through alternative methods, such as contracting with a provider that has accessible vans. 2 See Circular Section 6.2.1 for a discussion on § 37.163(f), which requires agencies to provide alternative transportation in some circumstances when a fixed route bus lift is inoperable. 3 See Circular Section 6.2.1 for a discussion on § 37.163(f), which requires agencies to provide alternative transportation in some circumstances when a fixed route bus lift is inoperable. 4 DOT Final Rule, “Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments”; Federal Register, vol. 76, no. 181 (76 FR 57924, Sept. 19, 2011). 5 The same boarding directional requirements are found in § 38.83 for light rail and in § 38.95 for commuter rail cars. 6 See DOT Guidance, “Use of ‘Segways’ on Transportation Vehicles” (2005) for information on accommodating “Segways” on transit vehicles. By contrast, DOJ defines Segways as falling within the class of “Other-Power-Driven Mobility Devices” that are subject to specific requirements that are different from those applicable to wheelchairs. This distinction is not found in the DOT ADA regulations. 7 See DOJ’s “Frequently Asked Questions about Service Animals and the ADA” (July 20, 2015) for additional guidance on service animals. Transit providers are reminded, however, that the definition of a service animal in this FAQ does not apply to their services and some of the guidance is not applicable to the transit environment. 8 For example, at rail stations and other passenger facilities, there are signage requirements to indicate accessible routes, accessible entrances, and means of egress, as discussed in Circular Chapter 3. Requirements for announcing stops and identifying routes on fixed route are discussed in Circular Chapter 6. 9 DOT Final Rule, “Transportation for Individuals With Disabilities; Reasonable Modification of Policies and Practices”; Federal Register, vol. 80, no. 49 (80 FR 13253, Mar. 13, 2015). 10 See Circular Chapter 5 for a discussion of § 37.9(d) (equivalent facilitation) related to transportation facilities. 11 Because this revision also updated the standards under the Architectural Barriers Act of 1968, the new guidelines are technically known as the “ADA-ABA AG” or the “updated ADAAG.” 12 Appendices B and D to 36 CFR Part 1191 constitute the ADA-ABA Accessibility Guidelines issued by the Access Board, upon which the DOT Standards are based. 13 See FTA’s “Requirements to Remember for ADA Compliance in Construction Projects” for an overview of the applicability of the DOT Standards and regulations relevant to new construction and alterations. 14 DOT crafted language in § 37.9(c)(1) to address projects, either new construction or alteration of an existing facility, underway in 2006. For projects already in progress (i.e., actual construction had already begun or the final design had received all necessary approvals) before November 29, 2006, original ADAAG applies. 15 For additional guidance on curb ramps, see FHWA’s ADA/Section 504 website, which includes documents such as “Designing Sidewalks and Trails for Access.” 16 Notably, as explained further in Circular Section 3.4.6, $30,000 would need to be spent on other path of travel improvements to the maximum extent feasible, such as accessible restrooms, telephones, and drinking fountains. 17 The terms “level boarding” and “level-entry boarding” are synonymous. 18 These vehicle requirements closely follow the guidelines developed by the Access Board and set forth in the “ADA Accessibility Guidelines for Transportation Vehicles” (36 CFR Part 1192). 19 See American Public Transportation Association, “Public Transportation Fact Book” (2014). 20 For vehicles with a Gross Vehicle Weight Rating (GVWR) of less than 30,000 lbs., securement systems must restrain a force in the forward direction of up to 2,500 lbs. per securement leg or clamping mechanism and a minimum of 5,000 lbs. for each mobility aid (for vehicles with a GVWR of greater than 30,000 lbs., these forces are 2,000 lbs. per securement leg or clamping mechanism and 4,000 lbs. per mobility aid). 21 Retrofitted vehicles are vehicles in service in 1990 that were modified to meet the one-car-per-train rule. 22 For retrofitted vehicles, the vertical gap is measured under 50% passenger load. 23 Retrofitted vehicles are vehicles in service in 1990 that were modified to meet the one-car-per-train rule. 24 For retrofitted vehicles, the vertical gap is measured under 50% passenger load. 25 Retrofitted vehicles are vehicles in service in 1990 that were modified to meet the one-car-per-train rule. 26 For retrofitted vehicles, the vertical gap is measured under 50% passenger load. 27 Effective June 20, 1996, DOT amended 49 CFR §§ 37.7(b) and 37.9(d) to remove “inability to comply” as a basis for seeking a determination of equivalent facilitation. 28 New construction or alterations of buildings and facilities on which construction has begun, or all approvals for final design have been received, after November 29, 2006, are required to comply with the requirements set forth in Appendices B and D to 36 CFR Part 1191 and Appendix A to 49 CFR Part 37. Buildings and facilities that were altered between February 26, 1992 and November 29, 2006, and that have not been altered since, are compliant if they meet the ADA Accessibility Guidelines (ADAAG) issued on September 6, 1991. Facility alterations begun before February 26, 1992, and that have not been altered since are compliant if they meet Uniform Federal Accessibility Standards (UFAS) in effect at that time. 29 Effective June 20, 1996, DOT amended 49 CFR §§ 37.7(b) and 37.9(d) to remove “inability to comply” as a basis for seeking a determination of equivalent facilitation. 30 This Circular does not cover intercity rail (i.e., Amtrak), which is also a fixed route service. The Federal Railroad Administration and the Department of Justice oversees Amtrak. 31 A bus with an inoperable lift might be in operation as a result of an in-service failure or due to the no-spare exception in § 37.163(e) discussed in Circular Section 2.3.3. 32 DOT Final Rule, “Transportation for Individuals With Disabilities; Reasonable Modification of Policies and Practices”; Federal Register, vol. 80, no. 49 (Mar. 13, 2015). 33 For a detailed example of a local policy, see the District Department of Transportation’s “Strollers on Circulator” policy governing use of the securement space on its DC Circulator fixed route buses. 34 While Part 38 Subpart B (Buses, Vans and Systems) does not require external speakers on buses, many transit agencies have acquired buses equipped with external speakers. Rapid rail cars serving more than one line must have external public address systems except where station announcement systems provide information on arriving trains. (See § 38.61(a)(1)–(2).) 35 Under § 37.3, designated public transportation means “transportation provided by a public entity (other than public school transportation) by bus, rail, or other conveyance (other than transportation by aircraft or intercity or commuter rail transportation) that provides the general public with general or special service, including charter service, on a regular and continuing basis.” Specified public transportation means “transportation by bus, rail, or any other conveyance (other than aircraft) provided by a private entity to the general public, with general or special service (including charter service) on a regular and continuing basis.” 36 “Operated by public entities” includes those situations in which the public entity owns, purchases, or leases the vehicles, or provides financial assistance to purchase or lease the vehicles. 37 Transportation Research Board, Transit Cooperative Research Program Report 163, “Strategy Guide to Enable and Promote the Use of Fixed-Route Transit by People with Disabilities” (2014). 38 For more information on service delivery options, see FTA letter to the California Department of Transportation (Caltrans) (Dec. 8, 2014). 39 Please see guidance issued on this topic. U.S. Department of Transportation, Origin-to-Destination Service, September 1, 2005, available at http://www.fta.dot.gov/12325_3891.html (explaining that, “the Department does not view transit providers’ obligations as extending to the provision of personal services… Nor would drivers, for lengthy periods of time, have to leave their vehicles unattended or lose the ability to keep their vehicles under visual observation, or take actions that would be clearly unsafe …”). 40 When amending the DOT ADA regulations in 2011, DOT removed the “common wheelchair” concept. (See Circular Section 2.4.1.) 41 The deadline for compliance with the one-car-per train requirement expired on July 26, 1995; there should no longer be any circumstances under which a train with no accessible cars is encountered. 42 In regions served by two or more transit agencies that coordinate service, it is appropriate to direct individuals to apply for eligibility with the agency providing complementary paratransit service to their residence. 43 80°F is used as an example. Because climatic conditions (e.g., temperature and humidity) may vary by region, establishing thresholds for specific regions and individual applicants is appropriate. 44 This document, published in 2014, also includes a section on administering the Functional Assessment of Cognitive Transit Skills (FACTS). 45 State agency requirements governing attendant services that may be more restrictive (i.e., limited to certain paid or licensed individuals) are not relevant for complementary paratransit purposes. Transit agencies may not require attendants to be paid or deemed “attendants” by state agencies to qualify as a PCA. 46 There is one exception. An agency may require an attendant as a condition of providing service to an individual it otherwise had the right to refuse for conduct reasons under § 37.5(h). For more information, see Circular Section 2.2.5. 47 Transportation Research Board, Transit Cooperative Research Program (TCRP), Legal Research Digest 46, “How the Health Insurance Portability and Accountability Act (HIPAA) and Other Privacy Laws Affect Public Transportation Operations” (July 2014). 48 See Circular Section 9.2.1. 49 FTA recommends that transit agencies develop their no-show policies with input from complementary paratransit riders and other people with disabilities. (See Circular Section 9.12 for a discussion of the regulatory requirements related to § 37.125(h).) 50 Information in brackets is subject to local agency input. 51 For transit agencies that choose to count late cancellations as well as no-shows. 52 FTA permits transit agencies to consider late cancellations as no-shows for trips cancelled less than 1 or 2 hours before the pickup time provided to the passenger at the time the trip was reserved, and only under the same circumstances (i.e., not due to circumstances beyond the rider’s control). 53 Agencies using this sample as a template for their own no-show suspension policies are advised to first familiarize themselves with the content of Circular Section 9.12, consult with the disability community to develop the variables, and ensure that the variables actually represent a pattern or practice of missing scheduled trips and a reasonable period of suspension. 54 FTA maintains its responsibility to ensure full compliance with Federal law by its grantees, and as such may renew an investigation of a complaint subject to litigation as part of its oversight responsibility, if a settlement agreement or other information suggests less than full compliance. 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 Download 1.93 Mb. Share with your friends:
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