Federal Transit Administration November 4, 2015 Subject: americans with disabilities act (ada): guidance
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- 10.6.1Designating Complaints Resolution Officials
- Discussion
- 10.6.2Responding to Direct Complaints
- 10.6.3Responding to Written Complaints
10.6Complaint ProceduresThe complaint reporting and resolution process for passenger vessels differs from land transit modes for several reasons. With some exceptions, most passenger vessel services are operated independently from bus and rail services. Compared with other transit modes, most passenger ferry operations are limited in scale, management, and location. Often, each ferry route essentially functions as an independent transportation management entity. For example, a typical metropolitan area passenger ferry service operating between two terminals might use vessels with capacity for 150–400 passengers and a designated captain and a small crew (two to four members) for each vessel. Each vessel’s captain is responsible for all passengers, including passengers with disabilities, and in many cases the captain and crew are the only point of PVO contact on the vessel and at an unattended terminal. 10.6.1Designating Complaints Resolution OfficialsRequirement“As a PVO, you must designate one or more Complaints Resolution Officials (CROs) ” (§ 39.101(a)). “You must make a CRO available for contact on each vessel and at each terminal that you serve. The CRO may be made available in person or via telephone, if at no cost to the passenger. If a telephone link to the CRO is used, TTY or TRS service must be available so that persons with hearing impairments may readily communicate with the CRO. You must make CRO service available in the language(s) in which you make your other services available to the general public” (§ 39.101(b)). “You must make passengers with a disability aware of the availability of a CRO and how to contact the CRO in the following circumstances: (1) In any situation in which any person complains or raises a concern with your personnel about discrimination, policies, or services with respect to passengers with a disability, and your personnel do not immediately resolve the issue to the customer’s satisfaction or provide a requested accommodation, your personnel must immediately inform the passenger of the right to contact a CRO and the location and/or phone number of the CRO available on the vessel or at the terminal. Your personnel must provide this information to the passenger in a format he or she can use. (2) Your reservation agents, contractors, and Web sites must provide information equivalent to that required by paragraph (c)(1) of this section to passengers with a disability using those services” (§ 39.101(c)). “Each CRO must be thoroughly familiar with the requirements of [Part 39] and the PVO’s procedures with respect to passengers with a disability. The CRO is intended to be the PVO’s ‘expert’ in compliance with the requirements of [Part 39] ” (§ 39.101(d)). “You must ensure that each of your CROs has the authority to make dispositive resolution of complaints on behalf of the PVO. This means that the CRO must have the power to overrule the decision of any other personnel, except that the CRO may not be given authority to countermand a decision of the master of a vessel with respect to safety matters” (§ 39.101(e)).
Requirement“When a complaint is made directly to a CRO (e.g., orally, by phone, TTY) the CRO must promptly take dispositive action as follows: “If the complaint is made to a CRO before the action or proposed action of PVO personnel has resulted in a violation of a provision of [Part 39], the CRO must take, or direct other PVO personnel to take, whatever action is necessary to ensure compliance with [Part 39]” (§ 39.103(a)). “If an alleged violation of a provision of [Part 39] has already occurred, and the CRO agrees that a violation has occurred, the CRO must provide to the complainant a written statement setting forth a summary of the facts and what steps, if any, the PVO proposes to take in response to the violation” (§ 39.103(b)). “If the CRO determines that the PVO’s action does not violate a provision of [Part 39], the CRO must provide to the complainant a written statement including a summary of the facts and the reasons, under [Part 39], for the determination” (§ 39.103(c)). “The statements required to be provided under this section must inform the complainant of his or her right to complain to the Department of Transportation and/or Department of Justice. The CRO must provide the statement in person to the complainant in person if possible; otherwise, it must be transmitted to the complainant within 10 calendar days of the complaint” (§ 39.103(d)).
DiscussionWhile § 39.103 specifically mentions contacting CROs in person or via telephone, the DOT Passenger Vessels Guidance explains that other equivalent means of communication are permitted, including electronic communications. But the guidance emphasizes that “the means of communication provided must ensure direct, interactive contact between the passenger and the CRO.” It is not sufficient only to provide an opportunity to leave a voicemail or email message for a CRO to return later. The DOT Passenger Vessels Guidance explains the use of “dispositive” in the context of complaint resolution: The word “dispositive” is used in its dictionary sense: “[an action] that disposes of, or settles, a dispute, question, etc.; conclusive; decisive.” It is intended to be the PVO’s final word on the matter. The dispositive response should summarize the facts of the matter, as the CRO understands them. The dispositive response then says one of two things: (1) The PVO acted in accordance with the regulation, or (2) The PVO did not act in accordance with the regulation. It is possible that, with respect to some complaints, the CRO will conclude that the PVO acted in accordance with the regulation in some respects but not in others. In any case, the CRO’s responses should explain why the PVOs actions were consistent with the regulation or not. If the CRO concludes that the PVO did not act in accordance with the regulation, the response should offer appropriate redress to the passenger. 10.6.3Responding to Written ComplaintsRequirement“As a PVO, you must respond to written complaints received by any means (e.g., letter, fax, e-mail, electronic instant message) concerning matters covered by [Part 39]” (§ 39.105(a)). “A passenger making a written complaint, must state whether he or she had contacted a CRO in the matter, provide the name of the CRO and the date of the contact, if available, and enclose any written response received from the CRO” (§ 39.105(b)). “As a PVO, you are not required to respond to a complaint from a passenger postmarked or transmitted more than 45 days after the date of the incident” (§ 39.105(c)). “As a PVO, you must make a dispositive written response to a written disability complaint within 30 days of its receipt. The response must specifically admit or deny that a violation of [Part 39] has occurred. The response must be effectively communicated to the recipient. (1) If you admit that a violation has occurred, you must provide to the complainant a written statement setting forth a summary of the facts and the steps, if any, you will take in response to the violation. (2) If you deny that a violation has occurred, your response must include a summary of the facts and your reasons, under [Part 39], for the determination. (3) Your response must also inform the complainant of his or her right to pursue DOT or DOJ enforcement action under [Part 39], as applicable. DOT has enforcement authority under Title II of the ADA for public entities and under Section 504 of the Rehabilitation Act for entities that receive Federal financial assistance; DOJ has enforcement authority under Title III of the ADA for private entities” (§ 39.105(d)).
DiscussionThe DOT Passenger Vessels Guidance offers additional direction on providing interim responses to complaints, as follows: Complaints should be as detailed and specific as possible, and should be filed as soon as possible after the matter that gave rise to the complaint. If a written complaint is filed more than 45 days after the matter giving rise to the complaint, the CRO is not required to respond. If the complaint does not have enough information to permit the CRO to make a decision, or if the CRO needs to make an extended factual inquiry to determine the facts of the matter, the CRO may provide an interim response to the complainant, within 30 days of receiving the complaint. The interim response should state the reasons for needing additional time and inform the complainant of when the CRO expects to issue a determination. [However, overuse] or abuse of interim responses (e.g., routine issuance of interim responses because of insufficient resources to respond in a timely manner) may result in a finding of noncompliance. Attachment 10-2 includes a sample complaint resolution policy. Attachment 10-1 Sample Ferry Accessibility Information Traditional Ferries All passenger decks of all four of the Steamship Authority’s traditional passenger/vehicle ferries (the M/V Eagle, the M/V Island Home, the M/V Martha's Vineyard and the M/V Nantucket) are fully accessible. Each ferry is equipped with elevators that transport passengers between the vehicle deck and all passenger decks (including the food and beverage service area). Access to the elevator is by the transfer bridge that is used to load vehicles onto the ferry. Passengers wishing to use the elevator should arrive at the ferry terminal 30 minutes prior to their scheduled departure time. Upon arriving, they should notify a Terminal Agent (or the terminal employee checking them in) that they require access to the elevator for boarding. This applies to all passengers who wish to use the elevator whether or not they are traveling with their vehicles. Accessible rest rooms are also available on all four of our large passenger/vehicle ferries. High Speed Ferry The main passenger deck of the M/V Iyanough is fully accessible (including rest rooms and the food and beverage service area). Access to the M/V Iyanough’s main passenger deck is by the transfer bridge that is used to board all passengers onto the ferry. The M/V Iyanough’s upper deck is not accessible. Ferries with Limited or No Accessibility The Steamship Authority encourages passengers with disabilities to travel on our four traditional passenger/vehicle ferries and our high-speed passenger-only ferry, the M/V Iyanough, all of which are accessible and have passenger amenities, including food and beverage service and accessible rest rooms. However, because passengers with disabilities may also travel on our freight boats, please be aware that not all of them are accessible. The freight boats are described below: M/V Governor & M/V Sankaty: Access to each of these freight boats is by the transfer bridge that is used to board all passengers and vehicles onto the ferry. The interior passenger compartment that is located on the vehicle deck and the rest rooms are also accessible. Vending machines that offer beverages and snacks are available on both of these vessels. M/V Gay Head & M/V Katama: The[se] two freight boats are not accessible for passengers with disabilities who require assistance. Passengers will need to climb a set of stairs to reach the interior passenger compartment. Vending machines that offer beverages only are available on both of these vessels. Source: Woods Hole, Martha’s Vineyard, and Nantucket Steamship Authority
This example of a complaint resolution process is described in the Accessibility Section of the Woods Hole, Martha’s Vineyard and Nantucket Steamship Authority’s Customer Policy Handbook, available on its website: In any situation when any person complains or raises a concern with a Steamship Authority employee about discrimination, policies or services with respect to passengers with a disability, and the employee (or the employee’s supervisor) does not immediately resolve the issue to the customer’s satisfaction or provide a requested accommodation, the customer has the right to contact our Complaints Resolution Official (“CRO”). The employee will provide the customer with the CRO’s phone number and, if requested by the customer, the number of the Massachusetts TRS service (which is a relay service for individuals who use text telephones called “MassRelay”). The employee will also provide this information to the passenger in a format he or she can use. The CRO will be available for contact on each vessel and at each terminal via telephone. The customer will be allowed to use a Steamship Authority phone (either the vessel’s phone or the terminal’s phone, as the case may be) to contact the CRO so that the call will be at no cost to the customer. In addition, the number for the MassRelay service will be available so that persons with hearing impairments may readily communicate with the CRO.” The CRO’s name and contact information is also included in the written information. Source: Woods Hole, Martha’s Vineyard, and Nantucket Steamship Authority 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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