1. No-Shows & Late Cancellations
CALACT Spring Conference
April 19th – 22nd, 2011

2. Introduction
Enforcement of an effective No-Show & Late Cancellation Policy is imperative towards maximizing productivity of paratransit services.
The goal of an effective No-Show Policy is to correct passenger behavior in order to provide a better functioning paratransit system.
If we could reduce No-Shows and Late cancellations, then our revenue hours and associated costs could be reduced in a perfect world.
We all know that while our paratransit system transports very little of a Transit Agency’s % of Total Passengers, they take up a large proportion of the Agency’s costs.

3. No-Shows
Transit Agencies are permitted to suspend paratransit services to ADA paratransit passengers who engage in a pattern or practice of missing scheduled trips.
A "pattern or practice" involves intentional, regular, or repeated actions, not isolated, accidental or singular events.
The pattern or practice is an important note to remember as I go through my slides.

4. Regulatory Language 37.5 Subpart F
h - The entity may establish an administrative process to suspend, for a reasonable period of time, the provision of complementary paratransit service to ADA eligible individuals who establish a pattern or practice of missing scheduled trips.
(1) Trips missed by the individual for reasons beyond his or her control (including, but not limited to, trips which are missed due to operator error) shall not be a basis for determining that such a pattern or practice exists.
(2) Before suspending service, the entity shall take the following steps:
(i) Notify the individual in writing that the entity proposes to suspend service, citing with specificity the basis of the proposed suspension and setting forth the proposed sanction.
(ii) Provide the individual an opportunity to be heard and to present information and arguments;
(iii) Provide the individual with written notification of the decision and the reasons for it.
(3) The appeals process of paragraph (g) of this section is available to an individual on whom sanctions have been imposed under this paragraph. The sanction is stayed pending the outcome of the appeal.
I included this slide and wanted to focus on it for a little bit, because as a Paratransit manager this is really your bible. While the regulation has remained static over the years, there have been various TCRP Reports, Guidance, and Compliance Reviews that may have had varying opinions on the No-Show Matter.
However, until a Notice of Proposed Rulemaking (NPRM) is issued, this is what you should base your policy off. This is what counts.
Americans with Disabilities Act (ADA) paratransit eligibility manual,
TCRP Synthesis 60 – 2005
FTA FY2011 Triennial Workbook

5. Buy in From Your Disabled/Social Services Committee
Getting your Disabled and Social Services Committee on-board with your No-Show Policy is imperative.
Passengers that truly depend on the system realize that certain individuals abuse the system.
Most riders that use your ADA Paratransit System realize that it is provided as a safety net and is reserved truly for those that need it and cannot access the fixed route system.
It is important to demonstrate to them, that chronic abusers only take up space and preclude other passengers from booking other trips as a result of he no shows.

6. No-Show vs Late Cancellation
A Late Cancellation must be the operational equivalent of a No-Show in order to be counted against the passenger.
A late cancellation is generally considered the operational equivalent of a no-show , if a passenger cancels their trip less than two (2) hours before their scheduled pick up time.
Now the argument here is that typically, your schedules are pre-made and when a driver deploys into service that the revenue hours are affected when a no-show occurs, the other side of that argument is that if a rider cancels 4 hrs. before as an example that the trip can then be removed from the operators run, and helps to create some needed slack time in the operators schedule to account for other common delays like traffic that occur.
Basically, if the trip is cancelled within 2 hrs. of the pickup time it cannot really be removed and the driver will have extra time that would not have been there if the trip were not scheduled in the first place.

7. No-Show Suspension Method
Absolute Measurement or Relative Measurement?
Absolute Measurement - establish a specific number of no-shows in a given period of time that would be considered excessive.
Relative Measurement - sets a percentage of no-shows to a passengers total trip requests.
For example, such a policy could set three no-shows in a one month period as a "pattern or practice".
For example, it would be considered a pattern or practice if three percent of a person's trip requests in any three-month period resulted in no-shows.
I like the absolute measurement better as it is much easier to manage, but from what I have seen FTA and their compliance reviews like the relative measurement better as it accounts for more of a true history of ones no shows versus their trip making patterns.
I just think this measurement sort of grants someone employment for life monitoring this method, no matter what the size is of the agency.

8. No Shows – Circumstances Beyond the Passenger’s Control
Missed Trips due to Operator Error
The Vehicle arrives outside of the Pick-up Window (either early or late)
Vehicle arrives at the wrong entrance of a building
A sudden issue with one’s medical condition or a family emergency
Note: If a passenger no-shows the first leg of their trip, DO NOT automatically assume and cancel their return trip.
that make it impracticable for the individual to travel at the scheduled time and also for the individual to notify the entity in time to cancel the trip before the vehicle comes. Such circumstances also would not form part of a sanctionable pattern or practice
Operator Error - If the driver got lost or went to wrong address, then you cannot count this against the passenger in their no-show count.
Vehicle arrives either early or late. Obviously if the vehicle arrives late then you cannot count that against h individual. Why is it an issue if the vehicle arrives early??? This si an issue if the driver arrives early say at 7:54AM AND WAITS 5 MINUTES TO 7:59AM AND THEN LEAVES. If the pickup time was not until 8am, then this cannot be counted against the passenger.
If something out of the ordinary occurs, then this also cannot be counted against the passenger.

9. No-Shows – Within the Passenger’s Control
Booking multiple trips and taking only the best one that best meets their needs
Not being at the designated pick-up location within the designated pick-up window.
I have seen passenger book many trips and take the most advantageous one.
It is important that passengers understand that paratransit is a comparable mode of service to the fixed route and just as a fixed route bus would pull up to a bus stop at a pre-scheduled time, the same standard is true for paratransit passengers.

10. Ways to Reduce No-Shows
Enforcing the parameters of the Agency’s No- Show Policy
Enforcing the policy with passengers that they must be at the location of their pick-up during the pick-up window.
Use of callouts to a passenger manually or through an IVR Program.
Automatically cancelling subscription rides on major holidays.
It is great to have a no show policy, but not so great if you don’t actually enforce it.
We started this a while ago and it has been tremendously helpful. We use the local Regional Center’s calendar and send annual letter out to all passengers advising them of the blackout dates for subscriptions and when they must call if they wish to keep the subscription trip active on the day. Remember, subscription service is completely offered at the discretion of the agency. We have found that passengers just typically don’t take their subscription trips on these days.

11. Other Industry No-Show Policies
University of New Mexico - No-Show Policy
There is a $20 no-show/late-cancellation fee. All appointments must be cancelled by 3 p.m. of the previous day (or by 3 p.m. on Friday for a Monday appointment), to avoid charges for a no- show or late-cancellation. After-hour messages regarding cancellations may be left at Insurance will not cover charges for no- show/late-cancellation or eligibility fees.
If you believe we have made an error in scheduling or you believe you deserve special consideration, please complete the Petition for "No-Show" Fee.
I wanted to provide a few other examples of some other industry no show policies.
This one is from the University of New Mexico which I found and shows an example of an actual fee.

12. Other Industry No-Show Policies
MIT - No Show Policy
Cancellations within 48 hours for reasons other than illness or an emergency are not acceptable and will jeopardize your recruiting privileges. You must change or cancel an interview more than 48 hours before the interview.
Cancelling an interview within 48 hours of your scheduled appointment does not exempt you from penalty, and may still be considered a "No Show".
This is another example from the prestigious MIT and it shows the amount of time one must cancel their trip by. They state 48 hours. In transit, we are on the go moving and we are only allowed really 2 hrs for a trip to be cancelled. So I thought this was kind of an interesting case.

13. Other Industry No-Show Policies
Flight School – No Show Policy
The following penalties will be charged for each unexcused, “No Show” activities:
Local Solo: $40.00
Local Dual: $80.00
Solo Cross-Country: $80.00
Dual Cross-Country: $100.00
Dual Ground Lesson: $80.00
Oral: $50.00
Stage Check/End of Course: $100.00
YOU CAN BE NO-SHOWED FOR A SOLO FLIGHT!! And you must call a minimum of 24 hours prior to scheduled solo if you need to cancel the flight.
And then this was from some flight school I found. This is just yet another example. Pretty lofty fees. In paratransit many systems charge for only the missed fare, when the actual cost incurred by the agency is more like $30 for the trip.

14. No-Show /Late Cancellation Policy
Your no-show policy should address the following:
The amount of notice that riders must give if they want to cancel a scheduled trip;
The frequency of no-shows that will constitute a "pattern or practice"; (Absolute or Relative Measurement).
The length of time for which service will be suspended.
There is nothing in the regulations that stipulate a time period, but generally I have found it to be 2 hours before the trip is to be taken.
The length of time must be a reasonable period of time and nothing like a year or so.
Policies I have developed and worked on in the past have included a warning for the first no-show in a monthly period, 2nd no-show the fare is due for the no-show, and the 3rd or more a suspension policy kicks in. Passengers are given 30 days to appeal and their suspension kicks in the following month if the appeal is unsuccessful.

15. FTA FY2011 Triennial Workbook No-Show Questions
30. Is a no-show policy used by the grantee or a subrecipient? If yes:
a. What is the suspension policy for no-shows?
b. How does the grantee or subrecipient determine whether or not no-shows are under the rider’s control?
c. Are no-shows caused by operator error counted against the rider?
d. What are the thresholds for a cancellation before it is considered a no-show?
e. Are only riders who have demonstrated a true pattern or practice of no-shows suspended?
f. Are financial penalties assessed for no-shows?
g. How are riders allowed to contest no-shows?
h. Is there an appeals process for suspensions?
i. Is the length of the suspension reasonable? ml
EXPLANATION
Many transit providers have a suspension policy for a pattern or practice of no-shows, as allowed by 49 CFR (h). However, such a policy must be narrowly tailored to a true pattern or practice. For example, three no-shows in 30 days would not be a pattern or practice for a daily rider. Ideally, such a policy would take into account frequency of rides and no-shows, and not use a simple number threshold.
Only no-shows that are under the rider’s control may be counted against the rider. No-shows caused by reasons beyond the rider’s control (e.g., scheduling problems, late pickups, and operational problems on the part of the transit provider or a family emergency or sudden turn for the worse in a variable medical condition) or operator error must not be counted against the rider.
FTA has permitted transit providers to include late cancellations in their suspension policy, but only to the extent that late cancellations have the same effect on the system as a no-show, and only for late cancellations within the rider’s control. In most cases a provider should be able to absorb the capacity of a trip cancelled two hours before the scheduled pick-up.
Systems may not impose a financial penalty as part of a no-show policy, including charging for the fare for the no-show trip. 49 CFR (h) permits only the establishment of an administrative process to suspend, for a reasonable amount of time, the provision of complementary paratransit service to eligible individuals who establish a pattern or practice of missing scheduled trips. In some cases, however, transit operators and riders facing suspension have mutually agreed to accept payment for the missed trips in lieu of suspension. Where such arrangements are made voluntarily, FTA has elected not to intervene.
As access to complementary paratransit service is a civil right, the policy should allow riders to contest no-shows and there must be an appeals process for suspensions.
REFERENCE
49 CFR (h)
SOURCES OF INFORMATION
The reviewer will examine the no-show policy and discuss the policy during the site visit. Monitoring procedures and documentation of monitoring activities also will be reviewed.
DETERMINATION
The grantee is deficient if it suspends riders who do not demonstrate a true pattern or practice of no-shows. The grantee is deficient if it counts no-shows not under the rider’s control or caused by operator error against the rider (consult with TCR as needed). The grantee is deficient if it counts cancellations that do not have the same effect on the system as a no-show. The grantee is deficient if it assesses financial penalties for no-shows (consult with TCR as needed). The grantee is deficient if it does not allow riders to contest no-shows or does not have an appeals process for suspensions.
The grantee is deficient if it does not monitor subrecipient no-show policies.
SUGGESTED CORRECTIVE ACTION
The reviewer may consult with TCR’s ADA Team Leader in FTA’s Headquarters Office and the RCRO to determine appropriate corrective action required for these deficiencies.
The grantee will be directed to cease counting no-shows that are not under the rider’s control against the rider. If the grantee has a no-show/cancellation policy, the grantee will be directed to count only those cancellations made less than two hours before the scheduled pick-up as a no-show. The grantee will be directed to revise its no-show policy to only suspend riders with a pattern or practice of no-shows. The grantee will be directed to cease assessing a financial penalty for no-shows. The grantee will be directed to allow riders to contest no-shows. The grantee will be directed to implement an appeals process for no-shows. The grantee will be directed to submit evidence of the implemented corrective actions to the FTA RCRO. The grantee will be directed to submit to the FTA RCRO procedures for monitoring the no-show policies of subrecipients.

16. Any Questions? Thank You!
Contact Information
Scott Transue
Manager, Service Quality & Accessibility
North County Transit District (NCTD)
810 Mission Ave. Oceanside, CA 92054
Ph: 1 (760)
Any Questions? Thank You!