Six Things Every Transit Board Member Should Know about ADA Compliance: ACCESS!

1. Six Things Every Transit Board Member Should Know about ADA Compliance: ACCESS! Aida Douglas Federal Transit Administration, Office of Civil Rights Washington, D.C.

2. Agenda • ADA Resources • What is “ACCESS”? • Trend: Uber/Lyft/Bridj partnerships

3. Resources Are Available You are not alone! FTA’s ADA Circular provides one-stop shopping Covers 49 CFR 27, 37, 38, 39, and Facility Standards Contains no new requirements Helps avoid oversight findings

4. Resources cont. • Check out our ADA webpage at: https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/ada-resources • Circular link can be found at: https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/americans-disabilities-act

5. What is ACCESS? • A—acquire accessible vehicles • C—construct accessibility • C—communicate with disability community • E—equivalent facilitation • S— sustain your accessible features • S—sensible changes to policies when needed A C C E S S is your responsibility!

6. A—Acquire Accessible Vehicles Vehicle purchases: --Your transit agency must acquire accessible vehicles If you receive a proposal that departs from a standard bus or rail car purchase, please ask: “Will the delivered product be accessible to people who use wheelchairs?”

7. C—Construct Accessibility • All new construction must be accessible • Any alterations to any existing facility must be accessible When presented with a plan to construct a new facility or alter an existing one, please ask: “Have you conducted an analysis to determine the accessibility features for this facility?”

8. C—Communicate with the Disability Community • Communicate, communicate, communicate! • Transit agencies should have a list of independent living centers or similar organizations When proposed changes in service or facilities will impact people with disabilities, please ask: “What was your outreach to disabled?”

9. E—Equivalent Facilitation • Concept allows for innovation in accessible design. • Innovations must provide “equal or greater accessibility” When presented with proposal that differs in design from Part 38 requirements, please ask: “May I see the FTA letter approving this new design?”

10. S—Sustain Accessible Features • A transit agency must maintain accessibility features in facilities and on vehicles • When accessibility features are damaged or out of order, the agency must repair them promptly. When presented with a proposal that would delay repairs to an accessible feature, please ask: • “What does this delay do to system-wide accessibility?”

11. S—Sensible Changes to Policies When Needed • Transit agencies must make “reasonable modifications” to their policies, when needed. • Reasonable—fair and sensible; not extreme or excessive; possessing sound judgment • Modification-the act or process of changing parts of something When presented with a new policy, please ask: “How has the agency communicated to the public it will modify this policy, if needed?”

12. Trend • Uber/Lyft/Bridj partnerships

13. The Issues • Transportation Network Companies (TNCs) seeking to partner with transit • Transit agencies seeking to partner with TNCs • Disability community concerns: • TNCs lack accessible vehicles • Segregated service • Second-class paratransit service for wheelchair users

14. Basic Principles • ADA applies regardless of Federal funding • DOT ADA regulations apply to public and private entities • Service must be provided in the most integrated setting

15. Partnership Examples • Feeder Service (“First mile/last mile”) • Uses TNCs to connect transit systems with underserved areas • Ridesharing • TNCs integrated with existing carpool programs • Guaranteed Ride Home • TNCs integrated with existing program

16. Questions? • www.transit.dot.gov • Civil Right Training Page • Contact Us Tool