Federal Transit Administration One of 10 agencies within U.S. DOT - - PDF document

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Common ADA Issues

24th Annual Mid-Atlantic ADA Update

Tysons, VA – September 14, 2017 John Day Richie Nguyen Office of Civil Rights

Topics Covered

Federal Transit Administration FTA Office of Civil Rights Common ADA Issues Mobility On Demand Q&A

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Federal Transit Administration

• One of 10 agencies within U.S. DOT
• Provides financial and technical assistance to

local public transit systems

• Oversees safety measures
• Helps develop next-generation

technology research

• >$12 billion annually to support

and expand transit services

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FTA’s Office of Civil Rights

ADA DBE EEO TitleVI

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Civil Rights Programs Oversight (TRs, SMRs, Specialized) Complaint Investigations Technical Assistance & Training Grants & Major Projects

Office of Civil Rights – Who We Are

Our Office

• 30 employees
• Associate

Administrator

• Deputy AA
• 2 Directors
• 3 Team Leads
• 15 HQ staff
• 11 RCROs

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Common ADA Issues

• General

– ADA Circular – Complaint Process – Service Animals

• Paratransit

– No-Show Policies – Service to Visitors

• Demand-Responsive

– Equivalent Service

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ADA Circular

• Effective November 4, 2015
• Provides one-stop shopping

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www.transit.dot.gov/ada

Complaint Process

• Becoming a top oversight and

FTA complaint finding

• Longstanding requirement to have

a process for “promptly resolving” complaints

• New requirements in §27.13 /

37.17

– Advertise how to file – Ensure accessible format – Respond to complainant

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Service Animals

• DOT’s definition applies to

transportation (not DOJ’s)

• FTA doesn’t recognize

ESAs/therapy animals (but local transit systems can)

• Service animals can be

required to be under

• wner’s control

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Paratransit

No-Show Policies

• Still #1 finding in oversight reviews
• Pattern or practice
• Reasonable period of time
• Model no-show policy

in Circular

– P. 9A-11–9A-13

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Paratransit

Service to Visitors

• Must treat visitors as

eligible

• Issues:

– Eligibility process

• Contacting “home” transit

agency

– Finding service information

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Demand-Responsive Service

Equivalent Service

• Inaccessible vehicles may be acquired as

long as service to PWDs is equivalent

– Response time – Fares – Geographic area of service – Hours and days of service – Restrictions or priorities based on trip purpose – Availability of information and reservations capability – Any constraints on capacity or service availability

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Mobility On Demand

• Transportation Network Companies (TNCs) seeking

to partner with transit

• Transit agencies seeking to partner with TNCs to

provide mobility on demand

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Mobility On Demand

• ADA concerns:

– Equivalent service – Segregated service – Second-class paratransit service for wheelchair users

• Title

VI concerns:

– Smartphone necessity – Unbanked individuals

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Mobility On Demand

Basic Principles

• ADA applies regardless of Federal funding
• DOT ADA regulations apply to public and private

entities

• Service must be provided in the most integrated

setting

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Mobility On Demand

Basic Principles

• “Stand in the Shoes”

– Private entities entering into a contract or other arrangement or relationship with public entities are subject to public entity provisions

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Mobility On Demand

Service Under Contract (or Other Arrangement or Relationship)

• Private entities that acquire vehicles for use, or in

contemplation of use under contract or other arrangement or relationship with a public entity, must acquire accessible vehicles under same circumstances (49 CFR 37.23(b))

• Public entities must ensure that the overall

percentage of accessible vehicles is not diminished (49 CFR 37.23(c))

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Mobility On Demand

Fixed Route Service

• Vehicles must be accessible to and usable by

individuals with disabilities, including wheelchair users (49 CFR 37.71)

• Interaction between passenger and service does not

make otherwise fixed route service demand responsive

– Flag stops

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Mobility On Demand

Demand Responsive Service

• Inaccessible vehicles may be acquired if the system, when

viewed in its entirety, provides a level of service to individuals with disabilities, including wheelchair users, that is equivalent to service provided to individuals without disabilities

• Equivalent service standards (49 CFR 37.77(c)):

– Response time – Fares – Geographic area of service – Hours and days of service – Restrictions or priorities based on trip purpose – Availability of information and reservations capability – Any constraints on capacity or service availability

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Mobility On Demand

ADA Paratransit

• FTA permits use of sedans as long as accessible

vehicles are dispatched for those who need them

• All paratransit service criteria apply

– Origin-to-destination service – Service area (3/4-mile) – Response time (next-day) – Fares (2x fixed route fare) – No restrictions on trip purpose – Hours and days of service (same as fixed route) – No capacity constraints

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Mobility On Demand

Suggestions to provide accessible vehicles:

• Require the TNC to provide accessible

vehicles as a condition of entering into an agreement with the transit agency

• Enter into a separate agreement with another

entity has accessible vehicles

• Rely on accessible vehicles already part of the

paratransit fleet.

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Mobility On Demand

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www.transit.dot.gov/shared-mobility

Shared Mobility FAQs Dear Colleague Letter

Mobility On Demand

MOD Sandbox

• October 2016
• $8,000,000
• 11 Projects

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Mobility On Demand

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Questions?

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Recap:

• ADA Circular
• Complaint Process
• Service Animals
• Paratransit

– No-Show Policies – Service to Visitors

• Demand-Responsive

– Equivalent Service

• Mobility on Demand

Questions? Federal Transit Administration Contact Us www.transit.dot.gov