ADA Complementary Paratransit Basics: Part 2

1. ADA ComplementaryParatransit Basics: Part 2 Paratransit Operations Photo: TARC

2. Meet Your Trainer Donna Smith Director of Training Easter Seals Project ACTION

3. ESPA Technical Assistance • Strives to provide accurate information on the ADA • Does not carry the force of law • Seeks solutions using the ADA as a baseline

4. Where Paratransit Goes • Service must be comparable to fixed route service • Must service within ¾ mile of the fixed route • For rail or bus stations, service must be within a ¾ mile radius round the station • If an eligible rider resides outside service area, s/he can travel into service area and then use the service

5. When Paratransit Goes • Must operate during the same hours as fixed-route • Route and schedule comparable to all fixed-route routes and schedules

6. Scope of Paratransit Service

7. Scope of Paratransit Service • Trips are origin-to-destination • Systems can have a basic level of service • Curb-to-curb • Door-to-door • No specified trip type: can be medical, work, recreation, etc.

8. Scheduling

9. Scheduling • Rides must be provided on a next-day basis at a minimum • Providers can negotiate a pick-up time within one hour before or after the individual’s desired departure time • Providers can also offer subscription service for regularly occurring trips

10. Passenger Pick-up Information • Scheduled pick-up time: The time that the system estimates the driver will actually make the pick-up • Actual pick-up/drop-off time: The time recorded by a driver when the actual pick-up and drop-off are made • Pick-up window – window of time before and after scheduled pick up time when vehicle may show up

11. Common Practice – Pick-Up Window • Typically no more than 30 minutes • Corresponds to the scheduled pick-up time such as: • 15 minutes before and 15 minutes after • 20 minutes before and 10 after • 30 minutes before and 30 minutes after • Customer must be ready to be picked up at any time during this pick-up window

12. Common Practice – Wait Time • Wait time is how long the operator will wait once the vehicle has arrived • Typical wait time is 5-10 minutes • Customer is marked as a “no show” after the wait time • The ADA does not require that any wait time be granted

13. Reasonable Assistance • Operators are required to provide reasonable assistance to board, ride and alight from paratransit vehicles • Standard is higher than for fixed-route operators due to the nature of the service

14. Common Practice – Reasonable Assistance • More time to board/alight • Assistance with balance and stowing crutches/walkers • Assistance in paying fare • Assistance to find a seat • Assistance with seat belts • Wheelchair securement

15. Common Practice – Reasonable Assistance • Operators are not required to assist with packages but often will • May enforce a 2-bag limit on paratransit if this policy exists for fixed-route • May allow for more bags for certain trips or on certain days • May have volunteers to assist with packages on certain days

16. Origin to Destination • ADA Complementary Paratransit Service is an origin to destination service • Can be a curb-to-curb service, but if customers need assistance in getting to the vehicle or to the door of their destination, this service should be provided when possible

17. Common Practice – Door-to-Door • Operators typically leave the vehicle to assist a person between the door and the bus • Operators do not typically go beyond the door • Line of sight to vehicle must be maintained

18. Service Animals

19. Two Different Definitions Under the ADA • DOJ revised definition under the ADA – applies to state and local government and places of public accommodation • DOT definition under the ADA – applies to transportation

20. DOJ Definition of a Service Animal • Dogs that are individually trained to do work or perform tasks for people with disabilities • Guiding people who are blind • Alerting people who are deaf • Pulling a wheelchair • Alerting and protecting a person having a seizure • Reminding a person to take prescribed medications • Calming a person with PTSD • Other duties

21. DOT Definition of a Service Animal “Any guide dog, signal dog, or other animal individually trained to work or perform tasks for an individual with a disability Including, but not limited to: Guiding individuals with impaired vision Alerting individuals with impaired hearing to intruders or sounds Providing minimal protection or rescue work Pulling a wheelchair or fetching dropped items 21

22. Allergies/Fears Shall not refuse service to a person using a service animal because the operator or other passengers have allergies to or a fear of animals Animal must not be allowed to threaten others or leave the space of the handler Handler is responsible for maintaining control of the animal at all times 22

23. Common Practice – Allergies/Fears Some passengers may have conditions which can heighten allergic reactions or fears When possible, trips should be scheduled to avoid pairing such passengers on vehicles with people who use service animals Does not apply to operators 23

24. Appeals

25. Reasons for Suspending Service • No-Show – Passenger scheduled for trip and: • Does not appear at the designated pick-up point • Does not cancel in advance • Late Cancellation • “Functional equivalent” of a no-show • Have the same negative impact on the service • Direct Threat • “a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services.”

26. Suspension Appeals • Applicant must have at least 60 days to file an appeal • Appeal process must be a separate function • Appellants must have the right to be heard in person • Regulatory Due Process • Notify individual in writing of decision • Include specific reasons • Describe sanctions, if any • Notify of right to appeal • Sanctions are stayed pending appeal 26

27. Resources • ADA Transportation Regulations - http://www.fta.dot.gov/civilrights/12876.html • Easter Seals Project ACTION – www.ProjectACTION.org • FTA ADA Topic Guides on Transportation - http://dredf.org/ADAtg/

28. Questions 28

29. Easter Seals Project ACTION 1425 K Street NW, Suite 200 Washington, DC 20005 1-202-347-3066 www.ProjectACTION.org projectaction@easterseals.com