Under this provision, an entity must make its reservation service available during the hours its administrative offices are open. (1) Settlement Agreement by and among Eastern Paralyzed Veterans Association, Inc., James J. Peters, Terrance Moakley, and Denise Figueroa, individually and as representatives of the class of all persons similarly situated (collectively, ``the EPVA class representatives''); and Metropolitan Transportation Authority, New York City Transit Authority, and Manhattan and Bronx Surface Transit Operating Authority (October 4, 1984). If something that could not have been anticipated at the time the trip was scheduled (e.g., a snowstorm, an accident or hazardous materials incident that traps the paratransit vehicle, like all traffic on a certain highway, for hours), the resulting missed trip would not count as part of a pattern or practice. 37.123 (f) of this part, shall be the same as for the ADA paratransit eligible individuals they are accompanying. If yes, please elaborate. We are confident that, through the public participation process, entities can develop a realistic plan for full compliance with the ADA. It should be noted that equivalent facilitation does not provide a means to get a waiver of accessibility requirements. [Code of Federal Regulations][Title 49, Volume 1][Revised as of October 1, 2007]From the U.S. Government Printing Office via GPO Access[CITE: 49CFR37], Subtitle A--Office of the Secretary of Transportation, PART 37_TRANSPORTATION SERVICES FOR INDIVIDUALS WITH DISABILITIES (ADA), Sec.37.1 Purpose.37.3 Definitions.37.5 Nondiscrimination.37.7 Standards for accessible vehicles.37.9 Standards for accessible transportation facilities.37.11 Administrative enforcement.37.13 Effective date for certain vehicle specifications.37.15 Temporary suspension of certain detectable warning requirements.37.16-37.19 [Reserved], 37.21 Applicability: General.37.23 Service under contract.37.25 University transportation systems.37.27 Transportation for elementary and secondary education systems.37.29 Private entities providing taxi service.37.31 Vanpools.37.33 Airport transportation systems.37.35 Supplemental service for other transportation modes.37.37 Other applications.37.39 [Reserved], 37.41 Construction of transportation facilities by public entities.37.43 Alteration of transportation facilities by public entities.37.45 Construction and alteration of transportation facilities by private entities.37.47 Key stations in light and rapid rail systems.37.49 Designation of responsible person(s) for intercity and commuter rail stations.37.51 Key stations in commuter rail systems.37.53 Exception for New York and Philadelphia.37.55 Intercity rail station accessibility.37.57 Required cooperation.37.59 Differences in accessibility completion dates.37.61 Public transportation programs and activities in existing facilities.37.63-37.69 [Reserved], Subpart D_Acquisition of Accessible Vehicles by Public Entities, 37.71 Purchase or lease of new non-rail vehicles by public entities operating fixed route systems.37.73 Purchase or lease of used non-rail vehicles by public entities operating fixed route systems.37.75 Remanufacture of non-rail vehicles and purchase or lease of remanufactured non-rail vehicles by public entities operating fixed route systems.37.77 Purchase or lease of new non-rail vehicles by public entities operating a demand responsive system for the general public.37.79 Purchase or lease of new rail vehicles by public entities operating rapid or light rail systems.37.81 Purchase or lease of used rail vehicles by public entities operating rapid or light rail systems.37.83 Remanufacture of rail vehicles and purchase or lease of remanufactured rail vehicles by public entities operating rapid or light rail systems.37.85 Purchase or lease of new intercity and commuter rail cars.37.87 Purchase or lease of used intercity and commuter rail cars.37.89 Remanufacture of intercity and commuter rail cars and purchase or lease of remanufactured intercity and commuter rail cars.37.91 Wheelchair locations and food service on intercity rail trains.37.93 One car per train rule.37.95 Ferries and other passenger vessels operated by public entities. (h) The entity shall not prohibit an individual with a disability from traveling with a respirator or portable oxygen supply, consistent with applicable Department of Transportation rules on the transportation of hazardous materials (49 CFR subtitle B, chapter 1, subchapter C). 37.49 do not identify as a responsible person. Eligibility does not inhere in the individual or his or her disability, as such, but in meeting the functional criteria of inability to use the fixed route system established by the ADA. (c) of this section, each public entity operating a fixed route system shall provide paratransit or other special service to individuals with disabilities that is comparable to the level of service provided to individuals without disabilities who use the fixed route system. In reviewing requests, however, as the legislative history indicates, FTA will look at the individual financial constraints within which each public entity operates its fixed route system. (1) The initial solicitation for new buses made by the public entity specified that all new buses were to be lift-equipped and were to be otherwise accessible to and usable by individuals with disabilities; (2) Hydraulic, electromechanical, or other lifts for such new buses could not be provided by any qualified lift manufacturer to the manufacturer of such new buses in sufficient time to comply with the solicitation; and. hearing impairments, etc. 9). 37.123(e)(2) of this part may also be provided by on-call bus service or paratransit feeder service to an accessible fixed route, where such service enables the individual to use the fixed route bus system for his or her trip. A person with a disability (e.g., a visual impairment) may choose to take advantage of this accommodation or not. It is the responsibility of each carrier to know how to contact carriers with which it interlines (e.g., Operator X must know Operator Y's phone number). We would emphasize that, prior to a finding against the individual after this due process procedure, the individual must continue to receive service. The Department would be very reluctant to approve grants, contracts, exemption requests etc., that appear to have this effect. If the FTA Administrator grants a waiver for undue financial burden, the waiver will be for a specified period of time and the Administrator will determine what the entity must do to meet its responsibilities under the ADA. Wheelchair means a mobility aid belonging to any class of three or four-wheeled devices, usable indoors, designed for and used by individuals with mobility impairments, whether operated manually or powered. 37.23 of this part) shall comply with Sec. The rule does not restate this portion of the statute in the regulation, since it would be implemented by the courts if such an action is brought. Entities should not ask for advance notice in all cases, but just in those cases in which it is really needed for this purpose. (b) Fixed-route transportation systems operated by public airport operators between the airport and a limited number of destinations in the area it serves are subject to the provisions of this part for commuter bus systems operated by public entities. Carrying large numbers of such passengers, in particular, requires that drivers be trained about the specific types of disabilities or age and developmental limitations that exist, and the needs of . Traveling with a Pet Soon? Operator Y is responsible for compensating the passenger as provided in Sec. If the funds go to the transit authority, they clearly may be counted in an undue burden calculation. If an individual lives in XYZ County, but outside the fixed route service area of that county's transit provider, the individual is still not a visitor for purposes of paratransit in PQR County, if PQR is one of the counties with which XYZ provides coordinated paratransit service. (2) In the event of any change in circumstances that results in an entity which has submitted a certification of continued compliance falling short of compliance with Sec. While the October 4, 1990 rule specified that over-the-road coaches must be accessible under these circumstances, we had not previously specified what constitutes accessibility. This section applies to a number of situations in which an operator of another transportation mode uses bus or other service to connect its service with limited other points. (3) Interim service under this paragraph (a) is not required to be provided by a small operator who is providing equivalent service to its fixed- route service as provided in Sec. To help ensure this, the paratransit plan contents section now requires that any plan which projects full compliance after January 26, 1993 must include milestones which can be measured and which result in steady progress toward full compliance. Commuter bus service means fixed route bus service, characterized by service predominantly in one direction during peak periods, limited stops, use of multi-ride tickets, and routes of extended length, usually between the central business district and outlying suburbs. From the point of view of transport technology, the subject of research is the inclusion of a specialized car for the passengers with reduced mobility in . Examples of these tools include the common airport wheelchair, aisle chair, and the airport buggy (Figure 3). 37.105 of this part. We would point that, consistent with the Access Board standards, a rail system using mini-high platforms or wayside lifts is not required, in most circumstances, to ``double-stop'' in order to give passengers a chance to board the second or subsequent car in a train at the mini-high platform or way-side lift. The legislative history to this provision provides insight. (c) Demand responsive systems. If a number of entities wish to submit a joint plan for a coordinated system, they must, like other entities, submit a document by January 26, 1992. The section also requires that the entity retain for two years documentation of that effort, and that the information be available to FTA and the public. There is a special efforts test identified in this paragraph for comments concerning a multi-year phase-in of a paratransit plan. If a transit agency wants a waiver for a subsequent delivery of buses in the procurement, or another procurement entirely, it will have to make a separate waiver request. While evaluation by a physician (or professionals in rehabilitation or other relevant fields) may be used as part of the process, a diagnosis of a disability is not dispositive. A vanpool system in this category is deemed to be providing equivalent service to individuals with disabilities if a vehicle that an individual with disabilities can use is made available to and used by a vanpool in which such an individual chooses to participate. Note that this does not say that an eligible user must live within a corridor in order to be eligible. For example, a person with a temporary disability may have a broken leg that is temporarily fused or immobilized. The entity shall provide paratransit service to individuals with disabilities who qualify as visitors under paragraph (b) of this section. The one exception to this rule would occur in a situation in which there is excess non-subscription capacity available. Since each waiver will be granted based on individual circumstances, the Department does not deem it appropriate to specify a generally applicable duration for a waiver. (B) Key stations have not yet been made accessible. 37.123 and, where appropriate, functional evaluation or testing of applicants. All documents and other information concerning the request shall be available, upon request, to members of the public. 37.61 Public transportation programs and activities in existing facilities. (i) Such patterns or practices include, but are not limited to, the following: (A) Substantial numbers of significantly untimely pickups for initial or return trips; (B) Substantial numbers of trip denials or missed trips; (C) Substantial numbers of trips with excessive trip lengths. The entity shall submit information concerning its methodology and the data on which its percentage is based with its request for a waiver. Wheelchair Users' Guide to Air Travel 2. 37.125 in the context of missed trips by passengers, a ``pattern or practice'' involves, regular, or repeated actions, not isolated, accidental, or singular incidents. The appropriate ways one deals with persons with various kinds of disabilities (e.g., mobility, vision, hearing, or mental impairments) are likely to differ and, while no one expects bus drivers to be trained as disability specialists, recognizing relevant differences and responding to them appropriately is extremely significant. Transportation | American Foundation for the Blind event would be a work order or similar authorization to begin. The entity could require advance notice from a passenger in only one circumstance. Not all providers who request a five-year phase-in will receive approval for a five-year phase-in. (h) Private rail systems providing fixed route or specified public transportation service are subject to the requirements of Sec. There is no requirement for private vanpools, defined as a voluntary arrangement in which the driver is compensated only for expenses. (3) Only alterations undertaken after January 26, 1992, shall be considered in determining if the cost of providing an accessible path of travel is disproportionate to the overall cost of the alteration. 37.191), and the passenger has purchased the ticket or made the reservation for the interline trip only 8 hours before Operator Y's bus leaves from Point B to go to Point C. In this situation, Operator Y is not responsible for providing an accessible bus to the passenger at Point B, any more than that it would be had the passenger directly contacted Operator Y to travel from Point B to Point C. (c) All fixed-route operators involved in interline service shall ensure that they have the capacity to receive communications at all times concerning interline service for passengers with disabilities. The same holds true at the destination end of the trip. Official websites use .govA .gov website belongs to an official government organization in the United States. (e) A public entity wishing to apply for an extension of the July 26, 1993, deadline for key station accessibility shall include a request for an extension with its plan submitted to FTA under paragraph (d) of this section. The section basically parallels the acquisition requirements for buses and other vehicles. That involves more time, trouble, and effort than for someone without a mobility impairment. This section applies to all entities providing transportation services, public and private. Feasible is defined in paragraph (c) of the section to be ``unless an engineering analysis demonstrates that remanufacturing the car to be accessible would have a significant adverse effect on the structural integrity of the car.'' This section incorporates the statutory requirement that new intercity and commuter rail cars be accessible. The first is a waiting list. 37.183, 37.185, 37.187, 37.191 and 37.193(a) and their implementation. Whether you have to do anything more than step on the gas and go depends on: Usually, disabled license plates are valid regardless of the state. This section requires an eligibilty process to be established by each operator of complementary paratransit. Failure of the entity to ensure that accessible routes are free of obstruction and properly maintained, or failure to arrange prompt repair of inoperative elevators, lifts, or other accessibility-related equipment, would also violate this part. 37.5(h); (b) Use or request the use of persons other than the operator's employees (e.g., family members or traveling companions of a passenger with a disability, medical or public safety personnel) for routine boarding or other assistance to passengers with disabilities, unless the passenger requests or consents to assistance from such persons; (c) Require or request a passenger with a disability to reschedule his or her trip, or travel at a time other than the time the passenger has requested, in order to receive transportation as required by this subpart; (d) Fail to provide reservation services to passengers with disabilities equivalent to those provided other passengers; or. However, only the cost of service provided for in this section may be considered in a public entity's request for an undue financial burden waiver under Sec. (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. At the end of a route, there is a semicircular ``cap'' on the corridor, consisting of a three-quarter mile radius from the end point of the route to the parallel sides of the corridor. Either the provisions of this part applicable to demand responsive or fixed route systems apply, depending on the nature of a specific system at a specific location. A visitor can become eligible in one of two ways. Some services (e.g., certain commuter bus or commuter rail operations) may use flag stops, in which a vehicle along the route does not stop unless a passenger flags the vehicle down. When that private entity operates service under contract to the public entity, however, it is just as obligated as the public entity itself to purchase an accessible bus for use in that service, whether or not it is an over-the-road bus. While requirements of the ADA and this regulation would preempt conflicting state or local provisions (e.g., a building code or zoning ordinance that prevents compliance with appendix A or other facility accessibility requirements, a provision of local law that said bus drivers. The FTA Administrator shall refer such requests to the National Register of Historic Places and shall rely on its advice in making a determination of the historic character of the vehicle. The rule also requires that accommodations be made to individuals with disabilities who would otherwise use an inoperative accessibility feature. ________________________________________________________________________signature________________________________________________________________________name of authorized official ________________________________________________________________________title________________________________________________________________________date, State Certification that Plans have been Received, This is to certify that all ADA paratransit plans required under 49 CFR 37.139 have been received by (state DOT)________________________________________________________________________signature________________________________________________________________________name of authorized official ________________________________________________________________________title________________________________________________________________________date. The key station plan and any extension request should include a schedule for phasing in non- extraordinarily expensive modifications to the station. The rule looks to the private entity actually providing the transportation service in question in determining whether the ``private, primarily'' or ``private, not primarily'' rules apply. (1) The public entity shall consult with individuals with disabilities affected by the plan. Fourth, the training requirement goes both to technical tasks and human relations. (e) If there is no spare vehicle available to take the place of a vehicle with an inoperable lift, such that taking the vehicle out of service will reduce the transportation service the entity is able to provide, the public entity may keep the vehicle in service with an inoperable lift for no more than five days (if the entity serves an area of 50,000 or less population) or three days (if the entity serves an area of over 50,000 population) from the day on which the lift is discovered to be inoperative. (c) Good faith efforts shall include at least the following steps: (1) An initial solicitation for used vehicles specifying that all used vehicles are to be lift-equipped and otherwise accessible to and usable by individuals with disabilities, or, if an initial solicitation is not used, a documented communication so stating; (2) A nationwide search for accessible vehicles, involving specific inquiries to used vehicle dealers and other transit providers; and. The legislative history mentions four examples: Chronic fatigue, blindness, a lack of cognitive ability to remember and follow directions, or a special sensitivity to temperature. Given changes in the mixes of both customers and vehicles, the answer to the question about equivalency will probably not be the same for an entity every time it is asked. Sec. (b) Intercity and commuter rail cars listed in paragraph (a) of this section shall, to the maximum extent feasible, be readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. 2. Paratransit would serve all origins and destinations in the solid blue mass. Obviously, the rule refers to a wide variety of demand responsive services that are not ``paratransit,'' in this specialized sense. (5) Special requirements. If the person is traveling from Point A to Point B on accessible route 1, with a transfer at B to go on inaccessible route 3 to Point D, then the person is eligible for the second leg of the trip. Receive email updates about the latest in Safety, Innovation, and Infrastructure. (b)(1) Costs attributable to complementary paratransit shall be limited to costs of providing service specifically required by this part to ADA. Second, there is no historic vehicle exception. Examples of possible activities include user friendly farecards, schedules, of edge detection on rail platforms, adequate lighting, telecommunication display devices (TDDs) or text telephones, and other accommodations for use by persons with speech and hearing impairments, signage for people with visual impairments, continuous pathways for persons with visual and ambulatory impairments, and public address systems and clocks. 37.209 Training and other requirements. 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. Eligibility may be based on a temporary as well as a permanent disability. The Convention has been ratified by and is legally binding in 160 countries. 1200 New Jersey Avenue, SE Air carriers may require up to 48 hours advance notice for certain accommodations that require preparation time (e.g., respirator hook-up, transportation of an electric wheelchair on an aircraft with less than 60 seats). Section 37.41 contains the general requirement that all new facilities constructed after January 25, 1992, be accessible to and usable by individuals with disabilities. Under the ADA, an entity may not consign an individual with disabilities to a separate, ``segregated,'' service for such persons, if the individual can in fact use the service for the general public. If a passenger needed boarding assistance, the entity could require up to 48 hours' advance notice for the purpose of providing needed assistance. This section spells out administrative means of enforcing the requirements of the ADA. 37.75 Remanufacture of non-rail vehicles and purchase or lease of remanufactured non-rail vehicles by public entities operating fixed route systems. This kind of interaction does not make an otherwise fixed route service demand responsive. All of the responsibility would be allocated among four public entities: the city (a public entity who does not operate railroad service), Amtrak, and the two commuter railroads. Taxi and private hire vehicles: Equality Act medical exemption policy There is no length of time that would be a per se delay constituting a ``significant impairment''. 37.85 Purchase or lease of new intercity and commuter rail cars. Transportation satisfaction of disabled passengers: Evidence from a It is likely that, in many cases, an important factual issue would be whether a missed trip was the responsibility. Where different completion dates for accessible stations are established under this part for a station or portions of a station (e.g., extensions of different periods of time for a station which serves both rapid and commuter rail systems), accessibility to the following elements of the station shall be achieved by the earlier of the completion dates involved: (b) Portions of the facility directly serving the rail system with the earlier completion date; and. All replacement vehicles acquired in the future must, of course, be accessible. Consequently, the Department urges entities to consult with disability organizations concerning how to train their personnel. The Department believes that public participation is a key element in the effective implementation of the ADA. Entities interested in accepting donated vehicles must submit a request to FTA to verify that the transaction is a donation. (e) The public entity shall include with its waiver request a copy of the initial solicitation and written documentation from the bus manufacturer of its good faith efforts to obtain lifts in time to comply with the solicitation, and a full justification for the assertion that the delay in bus procurement needed to obtain a lift-equipped bus would significantly impair transportation services in the community. 37.105 of this part. Sec. Public entity requirements clearly do not apply to all phases of a private entity's operations, just because it has a contract with a public entity. (c) Before a date one year from the date on which this subpart applies to an operator providing demand-responsive service, an operator which is unable to provide the service described in Sec. Mobility training (e.g., of persons with mental or visual impairments) may help to improve the ability of persons to navigate the system or to get to a bus stop. The Department realizes that, in the years before bus fleets are completely accessible, taking buses with lifts out of service for repairs in this way would probably result in an. Accordingly, this paragraph specifies that an over-the-road bus must have a lift which meets the performance requirements of a regular bus lift (see Sec. 37.123(e)(3) of this part also may be provided by paratransit feeder service to and/or from an accessible fixed route. It would not be fair for Railroad A to pay only 30 percent of the costs of station modifications occurring in later years. A public entity owner of the station, who does not operate passenger railroad service through the station, is not required to bear any of the responsibility for making the station accessible. This documentation shall include a specific date at which the lifts could be supplied, copies of advertisements in trade publications and inquiries to trade associations seeking lifts, and documentation of the public hearing. (2) Any individual with a disability who needs the assistance of a wheelchair lift or other boarding assistance device and is able, with such assistance, to board, ride and disembark from any vehicle which is readily accessible to and usable by individuals with disabilities if the individual wants to travel on a route on the system during the hours of operation of the system at a time, or within a reasonable period of such time, when such a vehicle is not being used to provide designated public transportation on the route. (Charging the same fee for stowing a wheelchair as for stowing a suitcase would be proper, however.) The Access Board, as well as DOT, recognize that most physical improvements related to bus stops are out of the control of the transit provider. 37.171.------------------------------------------------------------------------Private Entities ``Primarily Engaged'' ------------------------------------------------------------------------Vehicle type/System type capacity Requirement ------------------------------------------------------------------------Fixed route All new vehicles Acquire accessible except auto, van vehicle.