Federal Transit Administration November 4, 2015 Subject: americans with disabilities act (ada): guidance
Nondiscrimination and Access to Services
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- 10.2.1Reasonable Modifications
- 10.2.2Refusing Service
- Discussion The circumstances under which PVOs can refuse service are described in the following sections. 10.2.3Refusing Service Based on Safety Concerns Requirement
- 10.2.4Requiring Passengers to Provide Medical Certificates
- 10.2.5Limiting the Number of Passengers with Disabilities on Vessels
- 10.2.6When Requiring Advance Notice from Passengers Is Permitted
10.2Nondiscrimination and Access to ServicesRequirement“As a PVO, you must not do any of the following things, either directly or through a contractual, licensing, or other arrangement: (1) You must not discriminate against any qualified individual with a disability, by reason of such disability, with respect to the individual’s use of a vessel; (2) You must not require a qualified individual with a disability to accept special services that the individual does not request; (3) You must not exclude a qualified individual with a disability from or deny the person the benefit of any vessel transportation or related services that are available to other persons, except when specifically permitted by another section of [Part 39]; and (4) You must not take any action against an individual (e.g., refusing to provide transportation) because the individual asserts, on his or her own behalf or through or on behalf of others, rights protected by [Part 39] or the ADA” (§ 39.21(a)).
DiscussionThis general nondiscrimination requirement represents the foundation for the rest of the regulatory requirements. In the absence of a specific provision covering a particular policy or operating issue, the general nondiscrimination requirements would apply. Specific provisions applicable to PVOs covered under this Circular include: Refusing service due to legitimate safety requirements (See Circular Sections 10.2.2 and 10.2.3.) Limiting the number of passengers with disabilities on board vessels (See Circular Section 10.2.5.) Conditions under which requiring advance notification from passengers with disabilities is permitted (See Circular Section 10.2.6.) 10.2.1Reasonable ModificationsRequirement“(1) As a PVO that is a private entity, you must make reasonable modifications in policies, practices, or procedures when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless you can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or accommodations. (2) As a PVO that is a public entity, you must make reasonable modifications in policies, practices, or procedures when necessary to avoid discrimination on the basis of disability, unless you can demonstrate that making the modifications would fundamentally alter the nature of the services, programs, or activities you offer” (§ 39.21(b)). DiscussionSection 39.21 requires PVOs to make reasonable modifications in policies, practices, or procedures when necessary to avoid discrimination on the basis of disability, unless they can demonstrate that making the modifications would fundamentally alter the nature of the services, programs, or activities they offer. An example of a reasonable modification might be for emergency evacuation plans. For example, in collaboration with local public safety officials, the U.S. Coast Guard requires PVOs to have an evacuation plan for fires or emergencies at ferry terminals. For ferry terminals in a tidal coastal setting, the path of travel from terminal to vessel varies. Accordingly, PVOs could employ various systems to provide access under different tide conditions, including (1) multiple types of power-drive mechanical boarding systems including transfer bridges and ramp elevators, (2) non-mechanical ramps and transfer bridges, or (3) a combination of mechanical and non-mechanical ramps and transfer bridges to provide access for different tide conditions. During an emergency and loss of shoreside power for access systems including mechanical devices, mechanical transfer systems may be shut off. PVOs are obligated to modify their evacuation policies, if necessary, to provide alternative means for passengers with disabilities or impairments to be safely evacuated from a vessel to shore (or alternatively from shore to vessel) by having alternative evacuation equipment and procedures in place. For example, the transfer points typically include one or a combination of the following: manual operating systems for the electrical transfer bridges or ramps, an alternative non-mechanical path of travel ramp system, and/or manually operated gangways. With such alternative equipment in place, a PVO’s policy modifications would need to include training programs for personnel to assist all passengers, including those with disabilities or impairments, in the event of mechanical failure of the boarding devices. In addition, policy modifications would also take into account the needs of passengers with visual, hearing, and other disabilities, so that evacuation information is available to all in the event of an emergency.
Requirement“As a PVO, you must not refuse to provide transportation or use of a vessel to a passenger with a disability on the basis of his or her disability, except as specifically permitted by this part” (§ 39.25(a)). “You must not refuse to provide transportation or use of a vessel to a passenger with a disability because the person’s disability results in appearance or involuntary behavior that may offend, annoy, or inconvenience crewmembers or other passengers” (§ 39.25(b)). “If you refuse to provide transportation or use of a vessel to a passenger on a basis relating to the individual’s disability, you must provide to the person a written statement of the reason for the refusal. This statement must include the specific basis for your opinion that the refusal meets the standards of § 39.27 or is otherwise specifically permitted by this part. You must provide this written statement to the person within 10 calendar days of the refusal of transportation or use of the vessel” (§ 39.25(c)).
DiscussionThe circumstances under which PVOs can refuse service are described in the following sections. 10.2.3Refusing Service Based on Safety ConcernsRequirement“As a PVO, you may take action to deny transportation or restrict services to a passenger with a disability if necessitated by legitimate safety requirements. Safety requirements must be based on actual risks and not on mere speculation, stereotypes, or generalizations about individuals with disabilities. Example 1 to paragraph 39.27(a): You may take such action in order to comply with Coast Guard safety regulations. Example 2 to paragraph 39.27(a): You may take such action if accommodating a large or heavy wheelchair would, together with its occupant, create weight and balance problem that could affect adversely the seaworthiness of the vessel or impede emergency egress from the vessel. Example 3 to paragraph 39.27(a): You could restrict access to a lifeboat for a mobility device that would limit access to the lifeboat for other passengers” (§ 39.27(a)). “In taking action pursuant to legitimate safety requirements, you must take the action that imposes the minimum feasible burdens or limitations from the point of view of the passenger. For example, if you can meet legitimate safety requirements by a means short of refusing transportation to a passenger, you must do so” (§ 39.27(b)). “You may take action to deny transportation or restrict services to a passenger if the passenger poses a direct threat to others. In determining whether an individual poses a direct threat to the health or safety of others, the PVO must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain: The nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures will mitigate the risk” (§ 39.27(c)).
Requirement“Except as provided in § 39.31, you must not require a passenger with a disability to have a medical certificate as a condition for being provided transportation on your vessel” (§ 39.33). DiscussionSection 39.31 outlines specific instances under which PVOs may require passengers with disabilities to provide medical certificates to travel on a passenger vessel. These circumstances generally would not apply to passenger vessel services addressed in this Circular. 10.2.5Limiting the Number of Passengers with Disabilities on VesselsRequirement“As a PVO, you must not limit the number of passengers with a disability other than individuals with a mobility disability on your vessel. However, if in the Captain’s judgment, weight or stability issues are presented by the presence of mobility devices and would conflict with legitimate safety requirements pertaining to the vessel and its passengers, then the number of passengers with mobility aids may be limited, but only to the extent reasonable to . . . avoid such a conflict” (§ 39.29). 10.2.6When Requiring Advance Notice from Passengers Is PermittedRequirement“As a PVO, you must not require a passenger with a disability to provide advance notice of the fact that he or she is traveling on or using a passenger vessel when the passenger is not seeking particular auxiliary aids or services, or special privileges or services, that in order to be provided need to be arranged before the passenger arrives to board the vessel. The PVO always has an obligation to provide effective communication between the PVO and individuals who are deaf or hard of hearing or blind or visually impaired through the use of appropriate auxiliary aids and services” (§ 39.35). “Except as provided in this section, as a PVO you must not require a passenger with a disability to provide advance notice in order to obtain services or privileges required by this part” (§ 39.37(a)). “If 10 or more passengers with a disability seek to travel as a group, you may require 72 hours advance notice for the group’s travel” (§ 39.37(b)). “With respect to providing particular auxiliary aids and services, you may request reasonable advance notice to guarantee the availability of those aids or services” (§ 39.37(c)). “Your reservation and other administrative systems must ensure that when passengers provide the advance notice that you require, consistent with this section, for services and privileges, the notice is communicated, clearly and on time, to the people responsible for providing the requested service or accommodation” (§ 39.37(d)).
DiscussionThe passenger vessel services addressed in this Circular are typically used for commuter purposes and are thus unlikely to serve large groups of passengers with disabilities. 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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