1. PARATRANSIT SYSTEM COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) REVIEW
Ohio Department of Transportation
January 23, 2007
Presented by:
Robbie L. Sarles
RLS & Associates, Inc.
Dayton, Ohio
Based on a position paper prepared by:
Russell Thatcher
Multisystems, Inc.
Cambridge, Massachusetts
Revised 10/29/98 1

2. THE AMERICANS WITH DISABILITIES ACT OF 1990
Goal:
To assure that persons with disabilities have
equal opportunity, a chance to fully participate in
society, are able to live independently, and can
be economically self-sufficient. 6

3. ACCORDING TO ADA Disability:
Physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.

4. IMPACT OF ADA Established a clear national goal
Defines a specific and detailed course of action
Requires much greater degree of affirmative action
Provides accessibility standards for vehicles and facilities
Elevates the importance of access and nondiscrimination
Interrelated with Section 504
Entities cannot discriminate against persons with disabilities as a condition of Federal funding 6

5. RANGE OF ISSUES Employment Provision of services
Access to facilities and places of public accommodation
Access to the nation’s telecommunication systems 6

6. ACCESSIBILITY MEANS Physical access to vehicles and buildings
Proper training of personnel
Proper maintenance of equipment
Operating policies and procedures
Public information and communication accessible 6

7. IMPLEMENTATION REGULATIONS
Law sets goals, defines general types of discrimination, and creates a framework for addressing discrimination
Implementing agency provides specific definitions, interpretations, and requirements in regulations
Open to interpretation 6

8. IMPLEMENTING AGENCIES
Title I - employment
Equal Employment Opportunity Commission
Title II and Title III - public services and public accommodations excluding transportation
Department of Justice
Title II and Title III - public and private transportation
Department of Transportation
Title IV - telecommunications
Federal Communications Commission 6

9. TITLE II: PUBLIC SERVICES
Discrimination against persons with disabilities or activities provided by public entities
Includes “standing in shoes” contractors
Prohibits public entities from denying individuals with disabilities the opportunity to use public transportation services
Prohibits public entities from providing services which discriminate against persons with disabilities 6

10. POSITION PAPER BASED ON:
Opinions of the authors of the USDOT regulations
Recent guidance issued by the FTA (letters of interpretation)
Information and assistance of DHHS and U. S. Department of Justice 6

11. TITLE II OF THE ADA
Services and benefits provided by public entities must be offered in a way that does not discriminate against persons with disabilities
Implementing Federal agencies define:
What constitutes discrimination
What actions are required to ensure services are non-discriminatory 6

12. TITLE II (CONTINUED)
Subtitle A - applies to all service provided by public entities except transportation
Implementing agency is the USDOJ
49 CFR Part 35
Subtitle B - applies to transportation services provided by public entities
Implementing agency is the USDOT
49 CFR Parts 27, 37, and 38 6

13. TITLE III Applies to private entities providing services to the public
Includes provisions for transportation provided by private citizens
Regulations issued by USDOJ and USDOT are consistent and coordinated in terms of defining discrimination and actions required
Regulations refer to each other
USDOJ defers to USDOT for transportation related issues 6

14. TITLE III (CONTINUED)
Even though not specifically addressed, USDOJ and DHHS have determined that public human service agency transportation is covered by the USDOT
USDOT has determined that public human service agency transportation falls under Section if demand responsive or if fixed route
Section covers the “purchase or lease of new non-rail vehicles by public entities operating demand responsive services for the general public”
“General public” applies to not only the entire public, but to sub-groups of the general public 6

15. USDOT TRANSPORTATION REGULATIONS
Facility access
Accessibility of vehicles
Complementary paratransit services for fixed-route provider
Operating policies and procedures 6

16. TYPES OF ENTITIES Public entities
Private entities primarily engaged in the business of transportation
Private entities not primarily engaged in the business of transportation 6

17. TYPES OF SERVICES Fixed-route transportation service
Demand responsive transportation service
Complementary paratransit service
Note: transportation services provided by religious organizations are exempt 6

18. CONTRACTS FOR SERVICE
Contractors must comply with the requirements that would apply to the contracting entity
“Standing in the shoes” 6

19. PUBLIC ENTITIES OPERATING DEMAND RESPONSIVE SERVICES FOR THE GENERAL PUBLIC
All newly purchased or leased vehicles must be accessible unless it can be demonstrated that the system, when viewed in its entirety, provides equivalent service to persons with disabilities 6

20. EQUIVALENT SERVICES
Services must be provided in the most integrated setting possible
Response time
Trip request procedures and timelines must be the same
Same access to the services 6

21. FARES Cannot charge more for accommodating accessibility aids
Fare distinctions that do not adversely impact persons with disabilities are permissible as long as they are then available to riders with and without disabilities 6

22. SERVICE AREA
Geographic service area throughout which transportation is provided must be the same
If a contracted service is based on its own defined service area, all clients must have the same access to the defined service area 6

23. HOURS AND DAYS OF SERVICE
Accessible service must be offered during the same days and hours as the remainder of the transportation services 6

24. TRIP PURPOSE RESTRICTIONS OR PRIORITIES
Trip priorities or restrictions must apply equally to all 6

25. ACCESS TO INFORMATION
Information on how to register for and obtain services must be available in alternative accessible formats
Document describing the program should be provided in accessible formats upon request
TTY/TDD or relay 6

26. CAPACITY CONSTRAINTS Trips must be provided on the same basis
Measures of capacity constraint
Trip denials
Excessively long trip time
2 times the scheduled ride time for a comparable fixed route ride equal to or less than 45 minutes
More than 90 minutes for comparable fixed route rides greater than 45 minutes
Excessively long wait time
Missed trips 6

27. PUBLIC ENTITIES OPERATING FIXED-ROUTE BUS SERVICES
All newly purchased or leased vehicles must be accessible unless:
Waiver from administrator
Demonstrate good faith effort – purchase non-accessible used vehicles
Public entities operating demand response service
Must purchase accessible vehicle unless certify equivalent service is provided 6

28. PRIVATE ENTITIES PRIMARILY ENGAGED IN THE BUSINESS OF TRANSPORTATION
Fixed-route - must be accessible if vehicle seats 8 or more people; equivalent service if vehicles are smaller
Demand responsive - new purchases must be accessible unless the system, when viewed in its entirety, provides equivalent services to persons with disabilities 6

29. PRIVATE ENTITIES PRIMARILY NOT ENGAGED IN THE BUSINESS OF TRANSPORTATION
Fixed-route - new vehicle must be accessible if vehicle seats more than 16 passengers; accessible or equivalent service if smaller vehicle is used
Demand responsive - new purchases must be accessible unless the system, when viewed in its entirety, provides equivalent services to persons with disabilities 6

30. FACILITY REQUIREMENTS
New construction and alterations must be accessible - ADA Accessibility Guidelines (ADAAG)
General design standard for building and site elements
“Scoping” requirements
Construction contracts must include ADA requirements 6

31. PUBLIC TRANSPORTATION PROVIDER REQUIREMENTS
New facilities must be fully accessible
Existing facilities - when viewed in its entirety must be readily accessible
Altered facilities - alterations must be accessible to the maximum extent possible - primary functions 6

32. PRIVATE ENTITY REQUIREMENTS
New facilities must be accessible to the extent it is not structurally impractical
Existing facilities’ physical barriers must be removed if readily achievable
If not readily achievable, alternative steps must be taken to make services accessible
Alterations must be accessible to the maximum extent feasible 6

33. PROVISION OF SERVICE REQUIREMENTS - ALL PROVIDERS*
Access to information - all print materials must be available in accessible formats
Accessible material must be available upon request and in a form that the person can use
Access to communication - provide access to information provided by telephone (TTY/TDD/Relay services)
Public hearing must be held in accessible location
* Must include in policy statement 6

34. PROVISION OF SERVICE REQUIREMENTS - ALL PROVIDERS (CONTINUED)*
Employee training - personnel must be trained to proficiency, as appropriate to their duties, so that they may operate vehicles and equipment safely and properly and treat individuals with disabilities in a respectful and courteous way
* Must include in policy statement 6

35. PROVISION OF SERVICE REQUIREMENTS - ALL PROVIDERS (CONTINUED)*
Equipment maintenance - lifts, securements, public address systems, and other access-related equipment must be maintained in operating condition
Lift and securement use:
All “common wheelchairs” must be transported
Common wheelchairs must be secured during transport – must be in policy
Service cannot be denied on the grounds that a mobility device cannot be secured to the provider’s satisfaction
* Must include in policy statement 6

36. PROVISION OF SERVICE REQUIREMENTS - ALL PROVIDERS (CONTINUED)*
Common Wheelchair:
Mobility aid belonging to any class of 3 or 4 wheeled devices, usable indoors, designed for and usable by individuals with mobility impairments whether operated manually or powered -
< 30 inches in width
< 48 inches in length
measured 2 inches above the ground
< 600# when occupied
Should accommodate larger wheelchairs if capable * Must include in policy statement

37. PROVISION OF SERVICE REQUIREMENTS - ALL PROVIDERS (CONTINUED)*
Lift and securement use (continued)
3-point passenger restraint system is required
Restraint can only be required when and if all other passengers are required seat belts
Does not preempt State law that requires children to be secured with an approved restraint system
* Must include in policy statement 6

38. PROVISION OF SERVICE REQUIREMENTS - ALL PROVIDERS (CONTINUED)*
Lift and securement use (continued)
Individuals that have mobility devices that pose securement problems can be requested to transfer, but cannot be required to transfer
Individuals who cannot enter a vehicle using the stairs must be allowed to enter the vehicle using the lift
* Must include in policy statement 6

39. ACCOMMODATING MOBILITY AIDS AND LIFE SUPPORT SYSTEMS*
Riders must be permitted to travel with service animals that are trained to assist them
May ask if pet
May ask what services the animal has been trained to perform
May not ask about disability
May not ask for proof of certification or other documentation
* Must include in policy statement 6

40. ACCOMMODATING MOBILITY AIDS AND LIFE SUPPORT SYSTEMS (CONTINUED)*
Riders must be allowed to travel with respirators and portable oxygen
Service can be denied if transporting hazardous materials
* Must include in policy statement 6

41. ATTENDANT POLICIES/REFUSING SERVICES*
Personal Care Attendants must be permitted to ride and should not be charged a fare
Cannot require the use of a PCA
Service can only be refused if a rider engages in “violent, seriously disruptive, or illegal conduct”
Service cannot be denied because an individual offends, annoys, or inconveniences another rider
* Must include in policy statement 6

42. ATTENDANT POLICIES/REFUSING SERVICES (CONTINUED)*
Service cannot be refused even if insurance companies condition coverage or set rates contrary to the regulation
Suspension of disruptive rider requires due process – notification of appeal
* Must include in policy statement 6

43. ADDITIONAL CHARGES*
Additional charges cannot be imposed even if additional services are required
Boarding/Disembarking time - adequate time must be provided
* Must include in policy statement 6

44. ADDITIONAL REQUIREMENTS FOR PUBLIC ENTITIES*
Maintenance of lifts - public providers must institute regular and frequent maintenance checks of lifts
Repair made next business day
Vehicles with inoperable lifts can be put into service only if there is no spare
Vehicles with inoperable lifts can be kept in service for no more than 3 days (if the service area population is greater than 50,000) or 5 days (if the service area population is less than 50,000)
* Must include in policy statement 6

45. SERVICE RELATED ISSUES
System assessment
Service standards
Capacity constrained
Recordkeeping
Review and analysis
Customer satisfaction
Surveys
Complaint policies - procedures
Administration oversight 6

46. EQUIVALENT SERVICE
Must document equivalent service when buying or leasing new vehicles that are not accessible
Must be made each time
Public entity or private contractor must complete certificate of equivalent service before acquiring an inaccessible vehicle
Private entities do not submit 6

47. TRANSPORTATION FUNCTION IMPACTED BY ADA
Management
Human Resources
Labor Relations
Planning
Purchasing/Procurement
Scheduling & Dispatching
Facilities
Operations
Maintenance
Customer Service
Marketing & Public Relations
Community Relations
Civil Rights & Legal Counsel
Board of Directors 6

48. STATES’ RESPONSIBILITIES
Comply with certification requirements
Comply with vehicle accessibility requirements
Monitor subrecipients’ compliance with vehicle accessibility requirement
Ensure new/rehabilitated facilities comply with ADA
Comply with ADA service provisions (direct operation)
Monitor subrecipients’ compliance with ADA service provisions 6

49. STATES’ RESPONSIBILITIES (CONTINUED)
Provide complementary paratransit service (fixed route system)
Monitor complementary paratransit service 6

50. ENFORCEMENT
Complaints alleging discrimination should be filed with the appropriate Federal agency
All transportation related complaints go to USDOT
Powers, remedies, and procedures of the Civil Rights Act of 1964 apply to Title I Employment Provisions and Title III Public Accommodation and Service Accommodation
Powers, remedies, and procedures of Section 504 of the Rehabilitation Act of 1973 apply to Title II 6

51. ENFORCEMENT PROCEDURE
Complaint filed with USDOT Office of Civil Rights
USDOT investigates
Attempt to resolve issue
Violations not corrected - cut off Federal funds
Subject to further administrative or judicial action by Department of Justice 6

52. ENFORCEMENT PROCEDURE (CONTINUED)
USDOT focuses enforcement on ensuring that entities meet their obligations, rather than on the imposing of sanctions
Priority of enforcement - where there is a “pattern or practice” of discrimination
In addition to administrative enforcement, private legal actions can be initiated 6