Americans with Disabilities Act

1
Americans with Disabilities Act

• Civil Rights Protection for over 50 million
  Americans

2
Introduction

• What is the ADA?
• How does the ADA apply to transportation?

3
Titles of the ADA

• Title I Employment
• Title II Public Entities
• State, County and Municipal programs and
  facilities
• Public transportation programs
• Title III Privately operated public
  accommodations
•  Title IV Telecommunications

4
Person with a DisabilityADA Definition  

• ..Physical or mental impairment that
  substantially limits one or more major life
  activities
• ..Having a record of such an impairment
• ..Being regarded as having an impairment

5
Basic Purpose

• No entity shall discriminate against an
  individual with a disability in connection with
  the provision of transportation service.
•  
•  
• Section 37.5

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What the ADA Addresses

• Operating Policies and Procedures
• Service Delivery Requirements
•   
• All Providers of Services

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Access to Communication

• Provision for people with speech/hearing
  impairments for access to information provided by
  telephone
• TDD (Text Telephone)
• Telecommunications Relay Service (PA Relay)
• Not all lines and phone stations, but sufficient
  number
• No delays or costs not experienced by general
  public
• Relay service must operate during all days/hours
  that voice phone lines are open

8
Access to Information

• All print material also available in accessible
  formats
• Schedules Information brochures
• Rider handbooks Service bulletins
• Must be made available upon request in a format
  individual can use
• Availability of telephone information NOT
  adequate substitute for route and schedule
  information
• Accessible formats include
• Braille Audio Tape
• Computer Disk Large Print

9
Employee Training

• Requirement to train personnel to proficiency
• Operate vehicles and equipment safely
• Provide level of service as required
• Treat individuals with disabilities in a
  respectful, courteous way
•                  

10
Training programs must be

• Appropriate to duties of each employee
• Comprehensive
• Able to evaluate or test each employees
  understanding

11
Boarding / Alighting Time

• Adequate time must be allowed for
  boarding/alighting of passengers with
  disabilities
• Includes adequate time for passengers to get to a
  seat

12
Lift and Securement Use

• All Common Wheelchairs and their users must be
  transported
• Common Wheelchair defined as
• Not exceeding 30 wide
• Not exceeding 48 long, when measured 2 above
  ground
• Does not weight more than 600 lbs. Occupied
• Securement system MUST be used to secure
  wheelchair
• Cannot deny service on basis of difficulty in
  securing wheelchair

13
Lift and Securement Use

• Must permit standees to use lift to enter vehicle
• Each securement location must have a 3-point
  passenger restraint system
• Can only require passenger restraint if ALL
  passengers are required to use

14
Lift and Securement Use

• Transfer from wheelchair to vehicle seat can be
  recommended, but not required
• Where necessary or requested, drivers must assist
  with use of
• Securement System
• Ramp
• Lift
• This assistance is required even if the driver
  must leave his/her seat to do so

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Maintenance of Lifts

• Regular and frequent lift maintenance program
  must be developed and instituted
• Drivers must report non-operating lifts as soon
  as possible
• Every effort must be made to repair lifts before
  the next day of service

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Mobility Aids and Life Support Systems

• Service animals must be allowed to accompany
  passengers
• Passengers must be permitted to travel with life
  support, including
• Respirators
• Portable Oxygen
• Can only deny if to transport would violate rules
  concerning the transportation of hazardous
  materials

17
Additional Charges

• Special fares and charges, beyond those required
  of other riders, cannot be imposed on people with
  disabilities
• Stowing wheelchairs
• Toll-free number, but not for TDD
• No processing fee for ADA eligibility
  applications can be assessed

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Refusing Service to Passengers with Disabilities

• Service can only be refused, conditioned or
  suspended if an individual engages in
• Violent
• Seriously Disruptive or
• Illegal Conduct
• Behavior that offends, annoys or inconveniences
  other passengers is not seriously disruptive
• Service must be provided regardless of liability
  concerns, insurance coverage conditions or rates

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Additional Requirements Fixed-Route Only

• Priority Seating
• Permitting Riders to Disembark
• Announcement of Stops
• Identifying Vehicles and/or Passengers
• Maintenance of Lifts
• Provision of Complimentary Paratransit
  Service

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Priority Seating

• Priority seating must be provided
• Use of priority seating cannot be required

21
Permitting Riders to Disembark

• Individuals who use wheelchairs must be permitted
  to disembark at any stop unless
• The lift cannot be deployed
• The lift would be damaged if deployed
• Temporary conditions, not within the control of
  the transit authority, prevent the safe use of
  the stop by ALL passengers

22
Announcement of Stops

• Operators must announce stops at
• Major transfer points with other routes
• Major intersections/destination points
  (Landmarks)
• Sufficient intervals along the route to permit
  orientation
• Any stop requested by the passenger must also be
  announced

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Identifying Vehicles and/or Passengers

• At stops that service more than one route, method
  of communication required to
• Permit people with disabilities to identify
  vehicle OR
• Permit operators to identify passengers seeking
  to ride on their vehicle
• Transit authority must facilitate the
  communication process
• Customers have responsibility to cooperate in the
  use of communication devices such as cards

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Maintenance of Lifts

• Inoperable lifts must work before vehicle
  returned to service UNLESS
• No spare available
• No more than 3 days in urban areas (gt50,000)
• No more than 5 days in rural areas (lt50,000)
• If headways exceed 30 minutes on routes with
  inoperable lift, alternative transportation must
  be provided
• Accessible supervisor vehicle
• Paratransit
• Another bus

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Provision of Complimentary Paratransit Service

• Public entities providing non-commuter, fixed
  route service to the general public
• Paratransit comparable to fixed route service (as
  defined) for people with disabilities unable to
  use fixed route service
• All systems must now be in full compliance
  (January 1997)

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The ADA Civil Rights for Persons with
Disabilities