Federal Transit Administration November 4, 2015 Subject: americans with disabilities act (ada): guidance
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- 9.3.2Conditional Eligibility
- Discussion
- Considerations in Applying Conditional Eligibility
- 9.3.3Temporary Eligibility
9.3Types of EligibilityTransit agencies generally grant unconditional or conditional eligibility and may apply temporary eligibility (see Circular Section 9.3.3) to either type. 9.3.1Unconditional EligibilitySometimes called “unrestricted eligibility” or “all-trip eligibility,” unconditional eligibility means that an individual is unable to use fixed route transit services under any circumstances and is thus eligible to make all trips using complementary paratransit. Examples of applicants granted unconditional eligibility include: Individuals who cannot travel independently due to severe or profound intellectual disabilities or advanced dementia Individuals with physical disabilities who have limited functional ability (e.g., riders who use a manual wheelchair and who cannot sufficiently propel themselves) Individuals who have lost vision late in life and have not learned to travel independently in the community 9.3.2Conditional EligibilityRequirement“If an individual meets the eligibility criteria of this section with respect to some trips but not others, the individual shall be ADA paratransit eligible only for those trips for which he or she meets the criteria” (§ 37.123(b)). DiscussionADA paratransit eligibility does not have to be an all or nothing decision. As Appendix D to § 37.123 explains, “A person may be ADA paratransit eligible for some trips but not others. Eligibility does not inhere in the individual or his or her disability, as such, but in meeting the functional criteria of inability to use the fixed route system established by the ADA. This inability is likely to change with differing circumstances.” Sometimes called “restricted eligibility” or “some-trip eligibility,” conditional eligibility applies to individuals who are able to independently use fixed route transit services under some circumstances. Factors for determining conditional eligibility typically include: The maximum distance that individuals are able to walk to get to or from stops and stations Environmental conditions that prevent use of fixed route service (e.g., heat, cold, snow, ice, or air quality) Architectural and path-of-travel barriers that prevent use of fixed route service (e.g., lack of sidewalks, lack of curb ramps, uneven or unstable surfaces, or steep hills) Types of intersections or streets (e.g., complex intersections, busy streets, or wide streets) that individuals cannot cross safely Complexity of fixed route trips (e.g., transfers are required) Unfamiliar locations (e.g., destinations to which individuals have not been successfully trained to travel via fixed route) Severe fatigue after receiving treatment, including the potential for experiencing severe fatigue at other times Other variable effects of individuals’ disabilities, such as increased symptoms of multiple sclerosis on certain days Time of day (for individuals affected by low or bright light or for those who require a seat on the bus in order to travel and a seat cannot be guaranteed during certain times, such as peak hours) Inaccessible fixed route vehicles or facilities (i.e., routes, lines, stations, or stops are not accessible) For transit agencies using conditional eligibility or considering doing so, the following are examples of individuals who might be candidates for this type of eligibility: Individuals with intellectual disabilities who have learned how to make certain trips on fixed routes but cannot make all trips independently – They would not be eligible for the trips they have learned to take by fixed route, but would be eligible for all other trips. Individuals with physical disabilities who can reach a bus stop or rail station within four blocks when the route is accessible – An appropriate condition on eligibility in this instance is “when the distance to or from stops and stations is more than four blocks or when the route to stops and stations is inaccessible.” Individuals with health conditions who can get to and from stops and stations when the temperature is not too hot (e.g., less than 80°F) or the distance is not too far (e.g., closer than four blocks) – They would be ADA paratransit eligible when the temperature exceeds 80°F or the stop or station is more than four blocks away.43 Use of conditional eligibility is optional. If a transit agency’s process does not include conditional eligibility, unconditional eligibility is granted to applicants who are only able to use fixed route under some conditions and who would otherwise be conditionally eligible. The individuals are not denied eligibility because they can use fixed route service some of the time. Properly applying conditional eligibility (either on a full-term or temporary basis) means identifying the specific conditions under which each applicant is ADA paratransit eligible and communicating these conditions to the applicant. As noted above, transit agencies may grant temporary eligibility to individuals whose health condition or disability is expected to change in the short term or whose mobility device will soon change. Temporary eligibility can be either unconditional or conditional, depending on the individual’s functional ability. Considerations in Applying Conditional EligibilityCorrectly applying conditional eligibility includes ensuring the stated conditions placed on the rider’s eligibility are specific, measurable, and thorough. For example, conditions on eligibility such as “when the distance to or from bus stops is too far” or “when you are unable to safely cross the street” are too vague. Appropriate examples of thorough conditions of eligibility include “when the distance to or from fixed route stops and stations is more than three blocks” or “when you must cross streets wider than two lanes or intersections without traffic lights and pedestrian controls.” Conditions of eligibility reflect functional abilities, not trip purposes. For example, giving eligibility to riders who experience extreme fatigue due to end stage renal failure and associated treatments “for dialysis trips only” is not appropriate. Instead, an appropriate condition of eligibility is expressed as “when severe fatigue from your medical condition or treatment prevents you from using the fixed route service.” When granting conditional eligibility, it is also important to identify barriers that can affect travel. Not doing so would inappropriately limit an individual’s eligibility. For example, individuals who use manual wheelchairs would likely be affected by distances to or from stops and stations, lack of sidewalks or curb ramps, steep hills, snowy or icy conditions, inaccessible bus routes and rail lines, and inaccessible stops and stations. If transit agencies attempted to simplify the process by only granting eligibility “when the distance to or from fixed route stops or stations is more than four blocks” and “when the presence of snow or ice prevents travel to or from bus stops or rail stations,” this would be an inappropriate limitation of eligibility. It would imply that during non-winter months, as long as the distance to or from stops was no more than four blocks, individuals would never be prevented from using fixed route services. But this would be incorrect because path-of-travel barriers, steep hills, and bus stop and other system barriers could still prevent travel for some trips. Individuals encountering architectural or environmental barriers that prevent them from reaching a bus stop often can use another path. For example, an individual using a wheelchair can often circumvent a lack of curb ramps by taking another, less direct route than an ambulatory person might take. This may involve more time, trouble, and effort, but the person can still reach the bus stop. If a reasonable alternative path were available, then that individual would not be eligible to use complementary paratransit for that trip. 9.3.3Temporary EligibilityRequirement“Individuals may be ADA paratransit eligible on the basis of a permanent or temporary disability” (§ 37.123(c)). DiscussionIndividuals who experience a temporary loss of functional ability that prevents them from using fixed route service may apply for temporary ADA paratransit eligibility. For example, an individual may need to undergo two months of treatment for a health condition, resulting in severe fatigue that prevents him or her from using fixed route service. This individual would be ADA paratransit eligible for the duration of the treatment period. Temporary eligibility may also be appropriate if changes in functional ability are probable in the short term. For example, an individual who has had a stroke may be using a manual wheelchair immediately after the stroke and may not be able to independently self-propel the wheelchair to get to or from bus stops. If the individual were undergoing a year of prescribed therapy, one year of eligibility for all trips would be appropriate, with a review at the end of the year to determine if therapy or a change in mobility devices has changed the individual’s functional ability to use fixed route service. 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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