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Americans with Disabilities Act

Civil Rights Protection for over 50 million Americans

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Introduction

What is the ADA? How does the ADA apply to

transportation?

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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

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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

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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

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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

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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

                 

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Training programs must be:

Appropriate to duties of each employee

Comprehensive Able to evaluate or test each

employee’s understanding

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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

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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

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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

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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

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

Priority Seating

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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

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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 (>50,000)

No more than 5 days in rural areas (<50,000) 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