(a) This section applies to any public entity operating a fixed route system which takes one of the following actions: (1) After August 25, 1990, remanufactures a bus or other vehicle so as to extend its useful life for five years or more or makes a solicitation for such remanufacturing; or. However, only the cost of service to ADA paratransit eligible individuals may be considered in a public entity's request for an undue financial burden waiver under §§ 37.151-37.155 of this part. But a variety of options are available that can lessen the burden on caregivers and help older and disabled people keep appointments and stay socially connected. (iii) If the trip on which the person with a disability wishes to travel is already provided by an accessible bus, the operator has met this requirement. For example, suppose a taxi company (a private entity primarily engaged in the business of transporting people) contracts with a hotel to provide airport shuttle van service. Area public transit systems to offer regional senior medical transportation service. If you have comments or suggestions on how to improve the www.ecfr.gov website or have questions about using www.ecfr.gov, please choose the 'Website Feedback' button below. Sixth, “path of travel” means a continuous, unobstructed way of pedestrian passage by means of which the altered area may be approached, entered, and exited, and which connects the altered area with an exterior approach and includes restrooms, telephones, and drinking fountains serving the altered area. Service animal means 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. Examples mentioned to us include bus service run by Amtrak from a stop in Columbus, Wisconsin, to downtown Madison, or from San Jose to San Francisco. Consistent with this, the Department has specified certain service criteria that are to be used when determining if the service is equivalent. (e) In any situation using a combination of high and low platforms, a commuter or intercity rail operator shall not employ a solution that has the effect of channeling passengers into a narrow space between the face of the higher-level platform and the edge of the lower platform. The Montgomery County Commission on People with Disabilities designed the guide and keeps it up-to-date. This provision does not mean, however, that a transportation provider cannot charge nondiscriminatory fees to passengers with disabilities. We believe all people have a right to easily access the transportation and mobility options they need to enhance their independence and quality of life. First, it requires any public entity operating a fixed route system to purchase an accessible vehicle if the acquisition occurs after August 25, 1990, if the vehicle is remanufactured after August 25, 1990, or the entity contracts or undertakes the remanufacture of a vehicle after August 25, 1990. to search for ways to make a difference in your community at (i) If the ADA paratransit eligible individual is traveling with a personal care attendant, the entity shall provide service to one other individual in addition to the attendant who is accompanying the eligible individual; (ii) A family member or friend is regarded as a person accompanying the eligible individual, and not as a personal care attendant, unless the family member or friend registered is acting in the capacity of a personal care attendant; (2) Additional individuals accompanying the ADA paratransit eligible individual shall be provided service, provided that space is available for them on the paratransit vehicle carrying the ADA paratransit eligible individual and that transportation of the additional individuals will not result in a denial of service to ADA paratransit eligible individuals; (3) In order to be considered as “accompanying” the eligible individual for purposes of this paragraph (f), the other individual(s) shall have the same origin and destination as the eligible individual. If it is unable to do so, it must begin to provide service to the applicant on the 22nd day, as if the application had been granted. In the case of fixed route systems, the requirements for commuter bus service would govern. The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. (ii) The success of small and large demand-responsive operators' service at meeting the requests of passengers with disabilities for accessible buses in a timely manner. While we are confident of this approach, we are mindful that the apparent lack of training has been a source of complaint to FTA and transit providers. (a) Beginning October 28, 2005, the Department will review the requirements of § 37.189 and their implementation. Good training is difficult and it is essential. The third example is substantial numbers of trips with excessive trip lengths. Finally, one of the important points in training concerns differences among individuals with disabilities. Speaking first of bus systems, if a person is traveling from Point A to Point B on route 1, and route 1 is accessible, the person is not eligible for paratransit for the trip. Purchase or lease of new non-rail vehicles by public entities operating a demand responsive system for the general public. 5311 administered by the State or any small urbanized area recipient of funds under 49 U.S.C. It would be discrimination to charge a higher fee or fare for carrying a person with a disability than for carrying a non-disabled passenger, or a higher fee for stowing a wheelchair than for stowing a suitcase. L. 93-112, 87 Stat. (b) In the case of a station more than fifty percent of which is owned by a public entity, the public entity is the responsible party. There is an exception, however, for situations in which the transit provider makes a good faith effort to obtain accessible used vehicles but does not succeed in finding them. A railroad is not required to choose what might be regarded as a more desirable or convenient method over a less desirable or convenient method, or to choose a more costly option over a less costly option. Provided, that alterations to the path of travel, drinking fountains, telephones and bathrooms are not required to be made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, if the cost and scope of doing so would be disproportionate. Such services are subject to the regulations of the Equal Employment Opportunity Commission under title I of the ADA (29 CFR part 1630) and, with respect to public entities, the regulations of the Department of Justice under title II of the ADA (28 CFR part 35). Similarly, the Department does not interpret its rules to require transportation providers to permit an assistive device to be used in a way that departs from or exceeds the intended purpose of the device (e.g., to use a walker, even one with a seat intended to allow temporary rest intervals, as a wheelchair in which a passenger sits for the duration of a ride on a transit vehicle). On the other hand, we would regard a system that permits user-initiated deviations from routes or schedules as demand-responsive. The accessibility standards in part 38 of this title which apply depend upon the type of service in which the car will be used. so that they do not intrude into the required clearances. Note that, should ownership percentages or owners change over the period during which the station is to be made accessible, these percentages may change. However, when the number of intermediate stops and the total trip time for a given passenger grows so large as to make use of the system prohibitively inconvenient, then this provision would be triggered. United Way chapters operate and finance most call centers. However, if the entity has not made a decision within 30 days of the completion of the appeal process, the entity shall provide paratransit service from that time until and unless a decision to deny the appeal is issued. Is the service curb to curb — just pickup and drop-off? (1) For purposes of implementing the equivalent facilitation provision in ADA Chapter 1, Section 103, of Appendix B to 36 CFR part 1191, the following parties may submit to the Administrator of the applicable operating administration a request for a determination of equivalent facilitation: (A) A public or private entity that provides transportation facilities subject to the provisions of subpart C of this part, or other appropriate party with the concurrence of the Administrator. The administrative appeal process is intended to give applicants who have been denied eligibility the opportunity to have their cases heard by some official other than the one who turned them down in the first place. For example, someone whose impairment-related condition is a severe sensitivity to temperatures below 20 degrees is not prevented from using fixed route transit when the temperature is 75 degrees. A condition which makes traveling to boarding location or from a disembarking location more difficult for a person with a specific impairment-related condition than for an individual who does not have the condition, but does not prevent the travel, is not a basis for eligibility under this paragraph. A wheelchair user can often get around this problem by taking a less direct route to a destination than an ambulatory person would take. 1, at 31). Entities submitting a joint plan do not have any longer than any other entities to fully implement complementary paratransit service. It is not an official legal edition of the CFR. If the system provides service to persons without disabilities within four hours of a call for service, then passengers with disabilities must be afforded the same service. To avoid the need for such operational adjustments, it is important to place bus shelters, signs, etc. This might include “door-to-door” or “door-through-door” service for passengers who need someone to help them get in and out of cars and buildings, or stay with them throughout the trip. Similarly, earlier alteration of an entire station in accordance with UFAS or the ANSI standard would not relieve an entity from compliance with any applicable provision concerning the gap between the platform between the platform and the vehicle in a key station, because neither of these two standards addresses the interface between vehicle and platform. All appeals decisions must be in writing, stating the reasons for the decision. The term remanufacture, as used in the ADA context, is different from the use of the term in previously issued FTA guidance. Paratransit certified seniors an … The Department is not as interested in the specific structure used to ensure public participation as we are interested in the effectiveness of the effort. A public vanpool system is one operated by a public entity, or in which a public entity owns or purchases or leases the vehicles. Seniors enrolled at any of the city operated Senior Centers and live within a five-mile radius of the center may qualify for morning pick-up and afternoon drop-off to and from the senior . If a platform being constructed or altered is not adjacent to track used for freight, but the track and platform are used by more than one passenger railroad (e.g., Amtrak and a commuter railroad), the possibility of the platform serving cars with different door heights exists. Span gaps using a short bridge plate when necessary for people with disabilities. Transportation information rarely comes from a single go-to source, although emerging strategies in public transit aim to fill that gap. (c) If an OTRB equipped with an inaccessible restroom is making an express run of three hours or more without a rest stop, and a passenger with a disability who is unable to use the inaccessible restroom requests an unscheduled rest stop, the operator shall make a good faith effort to accommodate the request. The thorough nature of Hughes' discussion and of the related readings makes this volume an ideal textbook and reference source. Implementing a paratransit policy in the usual way may not allow a rider to get from his or her origin to his or her destination. (2) Require the public entity to provide basic complementary paratransit services to all ADA paratransit eligible individuals, even if doing so would cause the public entity to incur an undue financial burden. Website. (c) In making accessible the key stations identified under the agreements cited in this section, the entities named in the agreements are subject to the requirements of § 37.9 of this part. A copy of the required certificate is found in appendix C to this part. A group representative or the passenger with a disability informs the bus company of this need more than 48 hours before the trip date. On commuter, intercity, or high-speed rail lines or systems in which track passing through stations and adjacent to platforms is not shared with existing freight rail operations, the performance standard must be met by providing level-entry boarding to all accessible cars in each train that serves new or altered stations on the line or system. To meet this equivalent service standard, the service provided by the operator must permit a wheelchair user to travel in his or her own mobility aid. FTA is undertaking a study to determine what is the best available technology in this area. (c) This section does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs. Consistent with the legislative history of the ADA, this section formally recognizes the selection of key stations in two identified litigation settlement agreements in New York and Philadelphia as in compliance with the ADA. (b) If an individual meets the eligibility criteria of this section with respect to some trips but not others, the individual shall be ADA paratransit eligible only for those trips for which he or she meets the criteria. (a) Except as provided elsewhere in this section, each public entity operating a rapid or light rail system which, after August 25, 1990, purchases or leases a used rapid or light rail vehicle for use on the system shall ensure that the vehicle is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. Some nonprofit and faith-based organizations offer transportation for medical appointments or other destinations. Purchase or lease of used rail vehicles by public entities operating rapid or light rail systems. These questions are gauged to capitalize on the working knowledge the states possess on the grantees. Given the wide discretion permitted to rail operators in identifying key stations, there would be no objection to identifying as a key station a new (presumably accessible) station now under construction. The provisions of this part shall be interpreted in a manner that will make them consistent with applicable Department of Justice regulations. (1) On March 26, 2001, each fixed-route large operator shall submit to the Department a report on how many passengers with disabilities used the lift to board accessible buses for the period of October 1999 to October 2000. Nor would the entity have to provide service to spaces between the circles. (See ADA sections 242(a)(1), 242(b)(1), 228(b)(1).) Ambulance companies must accept the Medicare-approved amount as payment in full. Where the horizontal gap is more than 3 inches and/or the vertical gap is more than5/8 inch, measured when the vehicle is at rest, the horizontal and vertical gaps between the car floor and the boarding platform must be mitigated by a bridge plate, ramp, or other appropriate device consistent with 49 CFR 38.95(c) and 38.125(c). Specified public transportation means transportation by bus, rail, or any other conveyance (other than aircraft) provided by a private entity to the general public, with general or special service (including charter service) on a regular and continuing basis. This is because these points of comparison apply only to one or the other type system. The idea is to prevent, at a stop where vehicles from a number of routes arrive, a person with a visual impairment from having to ask every driver whether the bus is the right one. It is inconsistent with this section for a transit provider to refuse to let a passenger use a lift at any designated stop, unless the lift is physically unable to deploy or the lift would be damaged if it did deploy (see discussion under § 37.123). The 211 phone code is reserved for callers to get information and referrals for health and social services in their community, including transportation and other … Alternatively, the entity can provide either of two other forms of service. If the individual does not respond to the notice within a reasonable time, the entity may make, in effect, a default finding and impose sanctions. Vehicle Capacity of 16 or Fewer. Key station planning, designation of key stations, and with being consistent with the ADA would be required. Taxi companies are not required to acquire vehicles other than automobiles to add accessible vehicles to their fleets. (d) Unless not practicable, a person providing intercity rail transportation shall place an accessible car adjacent to the end of a single level dining car through which an individual who uses a wheelchair may enter. Each public or private entity which operates a fixed route or demand responsive system shall ensure that personnel are trained to proficiency, as appropriate to their duties, so that they operate vehicles and equipment safely and properly assist and treat individuals with disabilities who use the service in a respectful and courteous way, with appropriate attention to the difference among individuals with disabilities. Learn More about I'm Looking for Transportation. A personal care attendant (i.e., someone designated or employed specifically to help the eligible individual meet his or her personal needs) always may ride with the eligible individual. For purposes of this section, a facility or station is “new” if its construction begins (i.e., issuance of notice to proceed) after January 25, 1992, or, in the case of intercity or commuter rail stations, after October 7, 1991. Requirement for comparable complementary paratransit service. (b) Fixed Route System. The requirement for a public vanpool system is that it purchase or lease an accessible vehicle unless it can demonstrate that it provides equivalent service to individuals with disabilities, including individuals who use wheelchairs, as it provides to individuals without disabilities. Our team will be glad to help you figure out what options are available! An operator may apply to the Secretary for a time extension of the fleet accessibility deadlines of this section. Section 37.41 Construction of Transportation Facilities by Public Entities. Yes ____ no ____. Transportation. (b) Each commuter authority shall determine which stations on its system are key stations. The Department would be very reluctant to approve grants, contracts, exemption requests etc., that appear to have this effect. To violate this provision, there must be both a substantial number of late arrivals and the late arrivals in question must be significant in length. Subpart E - Acquisition of Accessible Vehicles by Private Entities, Section 37.101 Purchase or Lease of Non-Rail Vehicles by Private Entities Not Primarily Engaged in the Business of Transporting People, Section 37.103 Purchase or Lease of New Non-Rail Vehicles by Private Entities Primarily Engaged in the Business of Transporting People, Section 37.105 Equivalent Service Standard. On average 103,300 one way trips are provided to city operated Senior Centers. For them to establish and consistently implement strong controls against fraud, and... Assist people with disabilities must travel to job interviews, commute to work and! Efforts will be a public transit system or a loved one where they need order! 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