ADA Paratransit: Important Findings From DOT and FTA Disability Rights Education & Defense Fund (DREDF)

ADA Paratransit:Important FindingsFrom DOT and FTA

Disability Rights Education & Defense Fund (DREDF)

ADA Paratransit:Important FindingsFrom DOT and FTA

Disability Rights Education & Defense Fund (DREDF)

ADA Technical Assistance:

The Topic Guides on ADA Transportation

Topic GuidesOn ADA Transportation

3

4

The Topic Guides on ADA Transportationwere funded by the Federal Transit Administration (FTA)to provide technical assistance on ADA transportation

to transit agencies, riders, and advocates.

The Topic Guides on ADA Transportation were developed by the Disability Rights Education & Defense Fund

and TranSystems Corporation.


5

THE TOPIC GUIDES BRING TOGETHER:

• The requirements of the Americans with Disabilities Act • The U.S. Department of Transportation (DOT) ADA regulations• FTA enforcement determinations• Operational best practices for compliance with the ADA• Information from many other sources on ADA transportation


6

THIS SERIES OF TOPIC GUIDES CONSISTS OF:

1. Equipment Maintenance2. Stop Announcement and Route Identification3. 4. Telephone Hold Time in ADA Paratransit5. Origin to Destination Service in ADA Paratransit6. On-Time Performance in ADA Paratransit 7. No-Shows in ADA Paratransit

Eligibility for ADA Paratransit


Origin to Destination Service in ADA ParatransitOn-Time Performance in ADA ParatransitNo-Shows in ADA Paratransit

7

Find the Topic Guides on ADA Transportation at:

dredf.org/ADAtg/


ELIGIBILITYFOR ADA PARATRANSIT

Topic Guides on ADA Transportation

FUNDED BY THE FEDERAL TRANSIT ADMINISTRATION

TOPICGUIDE 3

9

TOPICGUIDE 3

Types of Eligibility

A. Unconditional eligibility (all trips)

B. Conditional eligibility (some trips):

Identify all conditions affecting travel

C. Temporary eligibility


10

TOPICGUIDE 3

IMPORTANT DO’S AND DON’TS

DO: Base Decisions on Most Limiting Condition

Consider:

• Applicant’s potential travel throughout entire service area, during all seasons

• Secondary conditions, e.g. disorientation, fatigue, difficulties with balance

• Variable conditions that may change travel abilities over time


11

TOPICGUIDE 3

DO: Base Decisions on Most Limiting Condition, cont’d.

• Likely that barriers will prevent fixed route travel at some point by applicants with significant disabilities

• Individuals who are blind, who use wheelchairs, who have other significant disabilities will likely receive at least conditional eligibility


12

TOPICGUIDE 3

DO: Develop and Use Comprehensive Task / Skills List

• Example list in Appendix 1; should reflect local characteristics

• Application may not list all relevant factors

• Keep list in mind; note most limiting conditions

• Many determinations will require follow-up contact with applicant or named professional


13

TOPICGUIDE 3

DO: Apply Reasonable Person Test

• Need not be “literally impossible” to reach bus stop

• Eligibility is warranted if reasonable person with disability

“would be deterred from making the trip”


14

TOPICGUIDE 3

DO: Identify Specific Abilities and/or Limitations

Transit agencies that expect ever to implement

trip-by-trip eligibility should identify specific limitations


15

TOPICGUIDE 3

DO: Identify Specific Abilities and / or Limitations, cont’d.

For example: Rider is eligible if must go:

• More than 3 level blocks, and / or

• Over steep terrain, and / or

• Through snow and ice, and / or

• Across an intersection with several lanes of traffic


16

TOPICGUIDE 3

DON’T: Do Conditional Eligibility Only Part Way

Finding applicant eligible only in winter

presumes ability to travel anywhere in service area

in summer; unlikely to be accurate


17

TOPICGUIDE 3

DON’T: Make Blanket Denials Based on Type of Disability

• Even with motorized wheelchair, obstacles can remain

• Even with stop announcements, obstacles can remain for people who are blind or have vision impairments


18

TOPICGUIDE 3

DO: Apply Variable Conditions Appropriately

• Transit agency can usually use eligibility conditions to see if fixed route is good trip option

• Sometimes only the rider can determine this—e.g. some people with MS, some people with psychiatric disabilities


19

TOPICGUIDE 3

DON’T: Base Eligibility On Travel Training Not Yet Completed

• May not require travel training

• Base decision on current ability

• Temporary eligibility is best practice if rider voluntarily enters travel training

• Reassess before temporary eligibility expires


20

TOPICGUIDE 3

DON’T: Deny Eligibility Based On Prior, Occasional Use of the Fixed Route System

• Occasional use of bus does not mean rider can always use it

• Can inadvertently discourage fixed route use


21

TOPICGUIDE 3

DON’T: Mix Eligibility WithCommon Wheelchair Definition

• Don’t deny eligibility because wheelchair doesn't meet common wheelchair definition

• Address as separate issue


22

TOPICGUIDE 3

DO: Interpret Safety Issues Properly

• Generally, public safety not factor (e.g. high crime rate)

• Yet riders need personal safety skills to successfully use fixed route

• Lack can form basis for eligibility

• Distinguish between disability-related safety issues and general safety concerns


23

TOPICGUIDE 3

ELIGIBILITY DETERMINATION PROCESS

No Fees

• Must provide transportation without charge to eligibility appointments if needed (Note: same for appeals)

• No hidden fees, such as for:

► Info from medical professional

► Photo ID cards


24

TOPICGUIDE 3

In-Person Interviews and Functional Assessments

• Some disabilities cannot be evaluated by functional assessments (for example: seizure disorders, psychiatric disabilities)

• Project ACTION guidebook Determining ADA Paratransit Eligibility: An Approach, Guidance and Training Materials

• Use appropriate professionals


25

TOPICGUIDE 3

Collect Adequate Information

• Don’t deny due to inconsistent information or unanswered questions on paper application

• Gather more information

• Don’t rely on appeal process; initial determination should be accurate


26

TOPICGUIDE 3

Not Overly Burdensome

Process may not be

overly burdensome for applicants


27

TOPICGUIDE 3

Appeal Process For Denials of Eligibility

• Appeal must be available if eligibility is denied or limited

• May require appeals to be filed within 60 days

• If applicant misses deadline, may reapply for eligibility at any time. If denied again, may appeal


28

TOPICGUIDE 3

Other Resources

• FTA ADA website: www.fta.dot.gov/ada

• FTA Office of Civil Rights by phone or e-mail:

[email protected] (E-mail) (888) 446-4511 (Voice) (800) 877-8339 (TTY)


ORIGIN TODESTINATIONSERVICE IN ADA PARATRANSITDOOR-TO-DOOR SERVICE IS REQUIRED WHEN NECESSARY



TOPICGUIDE 5

30

TOPICGUIDE 5

The Right to Assistance Beyond The Curb(When Necessitated by Disability)

• ADA paratransit is “origin to destination service” • ADA allows transit agencies to establish whether overall

service is door-to-door (DTD) or curb-to-curb (CTC)

• Driver must assist riders to enter and exit vehicle

ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT

31

TOPICGUIDE 5

The Right to Assistance Beyond The Curb(When Necessitated by Disability), cont’d.

• DOT published Disability Law Guidance on “Origin to Destination Service” in 2005

• Find this DOT Guidance at:

www.fta.dot.gov/civilrights/ada/civil_rights_3891.html

or Google “Origin to Destination Service”


32

TOPICGUIDE 5


• Guidance explains: if CTC is standard, must still provide additional assistance if needed, on basis of disability

Guidance states:

“This term [origin to destination service] was deliberately chosen [in the DOT ADA regulation] … to emphasize the obligation of transit providers to ensure that eligible passengers are actually able to use paratransit service to get from their point of origin to their point of destination.”


33

TOPICGUIDE 5


Guidance further states:

“Where … curb-to-curb service [is] the basic service mode, however, provision should still be made to ensure that the service available to each passenger actually gets the passenger from his or her point of origin to his or her destination point. … service may need to be provided to some individuals, or at some locations, … beyond curb-to-curb service.”


34

TOPICGUIDE 5


Guidance gives examples:

• Nature of individual’s disability or adverse weather conditions may prevent negotiating distance from door to curb

• Sidewalk construction may prevent passenger from traveling between curb and door


35

TOPICGUIDE 5


Guidance concludes:

“Under the ADA … it is not appropriate for a paratransit provider to establish an inflexible policy that refuses to provide service ... beyond the curb in all circumstances. On an individual, case-by-case basis, paratransit providers are obliged to provide an enhancement to service when it is needed and appropriate to meet the origin-to-destination service requirement. We recognize that making individual, case-by-[case] judgments may require additional effort, but this effort is necessary to ensure that the origin-to-destination requirement is met.”


36

TOPICGUIDE 5

Limitations On This Right

• Not required to fundamentally alter nature of service or create undue burdens

• Driver not required to:► Go beyond doorway into building ► Leave vehicle unattended for lengthy periods► Lose ability to keep vehicle under visual observation


37

TOPICGUIDE 5

Local Policies Vary

Most DTD policies don’t allow driver to:

• Go into building

• Go out of sight of vehicle

• Lose effective control over the vehicle (particularly if other riders are on board)


38

TOPICGUIDE 5

Local Policies Vary, cont’d.

Most common ways to define “lose effective control over vehicle” are:

• Lose sight of vehicle, or • Travel more than certain distance from vehicle (150 feet is

typical)


39

TOPICGUIDE 5

Local Policies Vary, cont’d.

• Yet local policies vary greatly

• Even with clear policies, situations that lie outside policy are often accommodated informally


40

TOPICGUIDE 5

Additional Examples:When is Door-To-Door Service Required?

The following are additional examples

to illustrate how to apply

DOT Origin to Destination Guidance.


41

TOPICGUIDE 5

A. Steps—Rider Using Wheelchair

Must a driver help a wheelchair user down a flight of steps?

• No, too great a risk of harm

• Many transit agencies will provide assistance up or down one step or curb


42

TOPICGUIDE 5

B. Steps—Ambulatory Rider With Mobility Disability

If a rider walks with limited mobility, must driver assist up and down steps?

Yes, this is reasonable assistance, if other policies, such as maintaining effective control of vehicle, are not compromised


43

TOPICGUIDE 5

C. Clear Path of travel

Must driver work to clear a path of travel?

Driver is not required to do extensive work to clear path of travel. But more easily performed action, such as moving one or two objects, would be required.


44

TOPICGUIDE 5

D. Doors and Ramps

Must driver open door for rider? Must driver push awheelchair user up a ramp?

• Yes, both. • Exterior door • Ramp with excessively steep slope can be too great a risk

of harm


45

TOPICGUIDE 5

E. Carrying Packages

Does Guidance require driver to carry groceries / packages? If groceries or packages would be allowed on fixed route, a

limited amount must be carried if needed by rider due to disability


46

TOPICGUIDE 5

F. Snow

Must driver push someone through snow?

• Yes, Guidance discusses adverse weather conditions

• Deep snow or very icy conditions may be fundamental alteration or direct threat, and not required

• But many other circumstances, such as one or two inches of snow, is reasonable assistance

• Not required to shovel snow


47

TOPICGUIDE 5

G. Doorbell

Must driver ring doorbell?

Yes, if outside of building.


48

TOPICGUIDE 5

H. Two Staff Persons

If rider needs two transit agency staff, is that required?

No, this is fundamental alteration of ADA paratransit service


49

TOPICGUIDE 5

I. Long Steep Curved Driveway

Must driver come up long steep curved driveway and lose sight of vehicle?

No, but if driver goes part way, there may be someone else at home or on-site who can do the rest


ON‐TIMEPERFORMANCEIN ADA PARATRANSIT



TOPICGUIDE 6

ON-TIME PERFORMANCEIN ADA PARATRANSIT

51

TOPICGUIDE 6

Scheduling Practices For On-Time Performance:

Using the One-Hour Scheduling Window Correctly

Consider rider’s overall travel needs when applying one-

hour window

Example: If rider gets off work at 5 and requests 5:15 pick-up,

window should be 5:15 to 6:15 p.m. Cannot only offer times

that require her to leave work early


52

TOPICGUIDE 6

Using the One-Hour

Scheduling Window Correctly (cont’d.)

• When rider has latest arrival time (such as doctor appointment), use window on early side to ensure on- time arrival

• When rider has earliest departure time (such as leaving work), use window from that time to one hour after


53

TOPICGUIDE 6

Scheduling to the Appointment

or Desired Arrival Time

FTA has found repeatedly

that scheduling must take into account

a rider’s appointment time


54

TOPICGUIDE 6

The Importance of a True Negotiation of Trip Times

• FTA has questioned offering only one pickup time, even within one-hour window, because that’s not negotiation

• Negotiation suggestion: request information about rider’s time constraints

• Balance trip negotiation with system efficiency


55

TOPICGUIDE 6

Negotiated Time Versus Scheduled Time

• Notify the rider of any pickup time changes

• Agreed-upon time should appear on the driver’s manifest

• Best practice: also include pickup window, appointment time on driver’s manifest


56

TOPICGUIDE 6

Consider All Aspects of On-Time Performance

On-Time Pickups: The Pickup Window

• On-time pickup means vehicle arrives within on-time

window, not earlier or later

• Pickup window should not be longer than 30 minutes

• Avoid very early as well as late pickups


57

TOPICGUIDE 6

Five-Minute Wait Time

•Riders must be ready throughout pickup window

•If transit agencies establish five-minute wait time, it may

not begin until start of pickup window

•Dispatchers should consider this before approving no-

shows


58

TOPICGUIDE 6

On-Time Drop-Offs

and the Drop-Off Window

• For many trips, on-time drop-off is more important than on-time pickup

• FTA reviews found problematic patterns of late arrivals

• Establish drop-off window, not earlier than one-half hour


59

TOPICGUIDE 6

Travel Time

• Measure separately from on-time performance

• Compare to fixed route time, including travel to and

from stops, and wait time for bus / train

60


TOPICGUIDE 6

Missed Trips

• Trip is missed if vehicle never arrives, or arrives outside

pickup window and rider doesn’t take trip

• Dispatchers should code accurately

61


TOPICGUIDE 6

Missed Trips, cont’d.

• Involve dispatchers each time vehicle arrives, and rider is absent or doesn’t take trip

• Missed trips includes trips not served due to:► Transit agency miscommunications► Reservations / scheduling errors


62

TOPICGUIDE 6

Subscription Service:

Don’t Misinterpret 50% Cap

Transit agencies with no denials may provide

as much subscription service as they wish

NO‐SHOWSIN ADA PARATRANSIT



TOPICGUIDE 7

Beyond The Rider’s Control

Suspensions may not be based on no shows beyond the rider's control. “Beyond the rider’s control” may include:

• Family emergency• Illness precluding rider from calling to cancel• Personal attendant or another party who didn't arrive on

time to assist rider• Rider was inside calling to check ride status and was on hold

for extended time


64

TOPICGUIDE 7

Beyond The Rider’s Control, cont’d.

• Rider's appointment ran long and couldn’t cancel in a timely way

• Another party cancelled rider's appointment• Mobility aid failed• Sudden turn for the worse in someone with variable condition• Adverse weather impacted rider's travel plans, precluding

timely cancellation


65

TOPICGUIDE 7


Transit agency error may not be counted as no-show, including:

• Vehicle arrived late, after the pickup window

• Vehicle arrived early, before the pickup window, and rider was not ready to go

• Vehicle never arrived


66

TOPIC

GUIDE

7GUIDE


• Vehicle went to wrong location

• Driver didn't follow correct procedures to locate rider

• Rider cancelled in a timely way but cancellation was not recorded correctly or wasn't transmitted to driver in time


67

TOPICGUIDE 7

Suggested Procedures For“Beyond The Rider’s Control”

• Telephone number to inform transit agency that particular no-shows were beyond rider’s control

• Published no-show suspension policy should include statement that no-show beyond rider’s control will not count, and that riders are encouraged to contact transit system at special telephone number


68

TOPICGUIDE 7

Proportion of Trips Missed, Rather Than Absolute Number:

Many Policies Too Restrictive

“3 no-shows in 30 days” is not considered pattern of abuse by FTA, and should not be basis for suspension

FTA asked for reconsideration of other policies, even if not enforced. Leniency in applying policy does not make policy reasonable


69

TOPICGUIDE 7

Proportion of Trips Missed, Rather Than Absolute Number, cont’d.

FTA has often stated that frequency of individual's rides and no-shows should be considered

Example:

Three no-shows in a month for regular rider who uses paratransit to get to and from work each day plus other trips, is very different from three no-shows by rider who schedules only five trips a month.


70

TOPICGUIDE 7

Pattern Or Practice Means Both Substantial Number and Above Average Frequency

• When determining what frequency of no-shows constitutes abuse, consider no-show rate for all riders and adjust upward, so doesn’t penalize riders with average no-show records

• If overall no-show rate is 5%, rider who no-shows only 5% of scheduled trips should not be considered abuser of service, because this is average

• Number of no-shows should be considered in addition to frequency


71

TOPICGUIDE 7

Not difficult to administer


72

TOPICGUIDE 7

Don’t cancel the return trip


73

TOPICGUIDE 7

Suspensions: Length

“We are looking for suspensions of days, maybe weeks, not

suspensions, typically, of months and especially of years.”

FTA official, 2009, Project ACTION Distance Learning Session


74

TOPICGUIDE 7

Suspensions: Financial Penalties – Optional Only

• ADA allows financial penalty only as an alternative to suspension. A fine may not be mandatory

• The ADA does not allow transit agency to charge any fee or financial penalty (whether optional or mandatory) because of single no-show, nor for any number of no-shows short of suspension

• May not charge for trips not taken by rider or rider's companion


75

TOPICGUIDE 7

Late Cancellations:Functional Equivalent of a No-Show

• FTA: Late cancellations may result in penalties only if late cancellation is functional equivalent of no-show

• FTA: Cancellation can be considered late if made less than two hours before scheduled trip

• Many transit systems can efficiently redeploy vehicles when same-day cancellations occur


76

TOPICGUIDE 7

Resources from FTA

• FTA ADA website: www.fta.dot.gov/ada

• FTA Office of Civil Rights by phone or e-mail

[email protected] (E-mail)

(888) 446-4511 (Voice)

(800) 877-8339 (TTY)


77

TOPICGUIDE 7

Don’t Forget to Fill Out an Evaluation:

https://vovici.com/wsb.dll/s/12291g4afbf


78

TOPICGUIDE 7

ADA Paratransit: Important Findings From DOT and FTA Disability Rights Education & Defense Fund (DREDF)

Documents

ada transportationfunded

ada paratransiteligibility

ada transportationwere

ada paratransitno

ada information

ada paratransit5

ada paratransit6

ada paratransit7