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

6. What the ADA Addresses • Operating Policies and Procedures • Service Delivery Requirements • All Providers of Services

7. 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 employee’s 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

15. 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

16. 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

18. 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

19. Priority Seating • Priority seating must be provided • Use of priority seating cannot be required

20. 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

21. 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

22. 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

23. 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

24. 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)

25. The ADA: Civil Rights for Persons with Disabilities