Federal Transit Administration November 4, 2015 Subject: americans with disabilities act (ada): guidance
Priority Seating and the Securement Area
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- Discussion
- 6.3.1Applicability to Rail
- 6.3.2Placement Policies for Strollers and Other Items
- 6.4Adequate Vehicle Boarding and Disembarking Time
6.3Priority Seating and the Securement AreaRequirement“(1) When an individual with a disability enters a vehicle, and because of a disability, the individual needs to sit in a seat or occupy a wheelchair securement location, the entity shall ask the following persons to move in order to allow the individual with a disability to occupy the seat or securement location: (i) Individuals, except other individuals with a disability or elderly persons, sitting in a location designated as priority seating for elderly and handicapped persons (or other seat as necessary); (ii) Individuals sitting in . . . a fold-down or other movable seat in a wheelchair securement location. (2) This requirement applies to light rail, rapid rail, and commuter rail systems only to the extent practicable. (3) The entity is not required to enforce the request that other passengers move from priority seating areas or wheelchair securement locations. (4) In all signage designating priority seating areas for elderly persons and persons with disabilities, or designating wheelchair securement areas, the entity shall include language informing persons sitting in these locations that they should comply with requests by transit provider personnel to vacate their seats to make room for an individual with a disability. This requirement applies to all fixed route vehicles when they are acquired by the entity or to new or replacement signage in the entity’s existing fixed route vehicles” (§ 37.167(j)). DiscussionPriority seating and the securement area are intended to accommodate riders with disabilities. The regulations distinguish between individuals sitting in priority seating and those occupying the fold-down seats over the securement area, in terms of which individuals a driver may need to ask to move. For the fold-down seats, § 37.167(j)(1)(ii) does not include an exception for “other individuals with a disability or elderly persons.” The regulations, therefore, obligate drivers in some cases to ask ambulatory individuals with disabilities and seniors to move from the securement area if a wheelchair user needs to use the space. (See FTA response to Complaint 11-0076 for an example of how FTA addressed an ambulatory complainant’s objection to being asked to move from the securement area.) There are certain bus designs in which the only priority seats are fold-down seats that also serve as the securement area. When buses have this seating configuration, FTA encourages agencies to develop their own policies to guide drivers regarding whom they ask to move from these seats if an individual who uses a wheelchair boards. The regulations do not require drivers to proactively assist or lead riders with disabilities to the priority seating area. FTA encourages agencies to develop their own policies for drivers regarding serving riders who may need assistance, including riders without apparent disabilities. Note that § 37.167(j)(1) requires a driver (or other transit personnel) to ask an individual to move, but § 37.167(j)(3) does not require a transit agency to enforce that request. An agency may establish its own mandatory-move policy requiring riders to vacate priority seats and wheelchair securement locations upon request. FTA encourages agencies that establish such policies to inform all riders and post signs reflecting these policies adjacent to the priority seats and wheelchair securement areas. 6.3.1Applicability to RailOn rail systems, because rail operators or other personnel are not always present to carry out requests for others to vacate priority-seating locations, the § 37.167(j)(3) requirement to ask passengers to move applies only to the extent practicable. This means that when transit agency personnel are present in rail cars (e.g., collecting fares, monitoring service, providing security, or for other reasons), they are to ask passengers occupying priority seats to make such seats available to individuals with disabilities, if needed and practicable. 6.3.2Placement Policies for Strollers and Other ItemsMany transit agencies also develop policies regarding the placement of strollers, luggage, and other items on vehicles. Because parents and caretakers, for example, commonly place strollers adjacent to or within fold-up seat/bench locations, an optional good practice is to develop a local policy regarding who has priority for the securement space. For example, a sample policy would state, “the placement of large items such as strollers is permitted in fold-up seat locations only if riders who use wheelchairs or other mobility devices do not need to use those areas.”33 6.4Adequate Vehicle Boarding and Disembarking TimeRequirement“The entity shall ensure that adequate time is provided to allow individuals with disabilities to complete boarding or disembarking from the vehicle” (§ 37.167(i)). DiscussionEnsuring riders with disabilities have adequate time to board and alight vehicles is more of a challenge on fixed route than demand responsive service, and more difficult on rail than bus. In order to ensure that adequate boarding and alighting time is provided, FTA encourages transit agencies to instruct personnel to pay attention to riders who need extra time. This applies to riders who use wheelchairs as well as others with ambulatory or sensory disabilities who may need extra time to board or disembark. On rail vehicles, in situations when train personnel do not have visual contact with riders inside cars, FTA encourages transit agencies to establish wait-time standards or other procedures for personnel to follow that will give riders sufficient time to get to a seat or to situate their mobility device before proceeding. FTA also encourages agencies to train employees to provide sufficient time at station stops to permit riders with disabilities to leave a seat or securement area and completely clear vehicle doorways. For rail operators using bridge plates, ramps, or other appropriate devices, personnel must be available (and trained to proficiency) to deploy these devices for passengers who require them. This also means aligning such devices with car doors to allow riders using mobility aids to enter and exit, and aligning bridge plates to minimize slopes in both the direction of travel and the cross slope. In older trains, not all cars may be accessible. An optional good practice is for agencies to standardize the location of the accessible car(s) on all trains, and direct riders who need to board an accessible car to the appropriate location on the platform to wait (with signage and audio announcements). Absent such practices riders may decide to wait in a distant location and not have sufficient time to move down the platform to board an accessible car once the train arrives. 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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