Nebraska Safety Center
University of Nebraska – Kearney
ADA
Regulations
Disability
Awareness
Passenger
Assistance
The ADA is an extensive
civil rights law designed
to remove barriers that
prevent individuals with
disabilities from
enjoying the same
opportunities that are
available to persons
without disabilities.
The law requires
that all buses
have an
accessible
entrance,
securement
areas and
securement
systems.
The ADA requires
operators to
assist and to be
courteous to
passengers with
disabilities and
also to permit
service animals
on the vehicles.
Disabled
According to the ADA, disability is defined
with respect to an individual as:
“A physical or mental impairment that substantially
limits one or more of the major life activities of such
individual; a record of such impairment; or being
regarded as having such impairment.”
Myth:
• All persons with disabilities are handicapped
and or crippled.
Fact:
• A disability does not always present a
handicap; rather it often only means that a
person with a disability will occasionally ask
for help as all of us do every now and again.
Service may be refused to an individual
with a disability because that the person
engages in violent, seriously disruptive, or
illegal conduct.
Service may not be refused solely because
the individual’s disability results in
appearance or involuntary behavior that
may offend, annoy, or inconvenience
employees or other passengers of the
transit system. (49CFR 37.5(h))
The transit system is not required to
enforce a request for nondisabled, or
nonelderly, passengers to move from
priority seating areas or wheelchair
securement locations. ( 37.167(j)(3))
The ADA requires service to be provided to
one person accompanying the passenger,
with others served on a space-available
basis.
This one person rides even if this means
there is less room for other passengers.
Transport any
mobility device
that fits on the
lift or ramp and
within the
“envelope” for
securement.
Assist
passengers with
disabilities with
the use of the lift
or ramp, and
with securement
of their mobility
device.
The passenger cannot refuse securement
of their mobility device. (37.165 (c)(3))
If the mobility device absolutely cannot be
secured using the existing securement
system, explain to the passenger that they
are not secured.
The transit provider
may not deny
transportation to a
wheelchair or its
user on the grounds
that the device
cannot be secured
or restrained
satisfactorily by the
vehicle’s
securement system.
• Therefore, if the
passenger still wants
to be transported,
you must transport
them. (37.165(d))
Permit passengers with disabilities to
travel with respirators or a portable
oxygen supply.
Permit all service animals to accompany
passengers with disabilities on your vehicle.
On a vehicle which uses a ramp for entry, the
operator may have to leave the seat and assist in
pushing a manual wheelchair up the ramp (37.165)
Allow passengers with disabilities
to board the lift either forward or
backward.
You cannot require
passengers with disabilities to:
Transfer from a Use designated
mobility device
seats if the
to a regular
individual does
seat
not want to.
Have a
personal care
attendant.
Service Animals
Included in the ADA regulations is
the right of a person traveling with
a service animal to have equal
access to public transportation
accommodations.
The ADA defines service animals
in the following way:
• Any animal that is individually trained to
do work or perform tasks for the benefit of
an individual with a disability, including a
physical, sensory, psychiatric, or
intellectual, or other mental disability.
Service Animals
The ADA prohibits
questions about the nature
of the person’s disability.
However, transits systems
may ask two questions to
determine whether an
animal qualifies as a
service animal.
• You may ask if the animal is required
because of a disability
• You may ask what work or task the
animal has been trained to perform.
The ADA does not specifically mention requirements for service animal
identification, training, or animals in training. Therefore, it is illegal to require a
person with a service animal to provide proof.
A passenger should never have
to ask for assistance because
the driver failed to offer it.
Handicapped or Disabled
The term “handicapped” is not the
same as “disabled”.
Handicap is a condition or barrier
imposed by society, the
environment or one’s own self.
The words we use are
powerful.
This is especially
true when it
comes to the
words we use
when talking with
or about people
with disabilities.
The way we refer
to other people
can either show
respect or be a
“put down”.
Appropriate Terminology
Disabled
handicapped
non-disabled
able-bodied
Use:
Instead of:
congenital disability
birth defect
does not speak
mute or dumb
Hearing-impaired
Partially sighted
Proper
Terminology
Speech impaired
Blind
People who are…
Persons with
Communication Tips
Offer
assistance
Treat adults as adults
Do not be condescending
If you do not understand the
passenger, do not pretend that you did
Driver Requirements
Must use the
accessibility related
equipment in the
vehicle.
Allow adequate time
for passengers with
disabilities to board
and exit the vehicle.
Permit passengers with
disabilities who do not
use wheelchairs,
including standees, to
use the lift.
Operate the lift and or
ramp at all stops when
needed or requested.
A driver is responsible
for:
Assisting passengers
both in and out of the
vehicle.
Being close by to
assist these
individuals should
assistance be needed.
Helping passengers get on or off
the vehicle requires some
judgment.
It may be safer, and faster, to
request the passenger use the
lift.
Remember; in accordance with
the Americans with Disabilities
Act (ADA), the passenger may
stand on the lift.
The driver is the most important asset.
Most important person is the customer.
Without the customer, there is not agency.
Follow three
basic skills
Provide safe,
reliable and
expert service.
Be courteous
and patient.
Avoid
Arguments
Passenger
Benefits
Your Benefits
Safe
transportation
Treated more
pleasantly
=
Passengers
willingly follow
your directions
Respect as a
professional
=
Comfortable
transportation
Reliable
transportation
The DOT definition of a
wheelchair is
The ADA no longer uses the
term “common wheelchair
”
Valuable to the user as the
body part or function it has
replaced
• a mobility aid belonging to any class of three – or
more – wheeled devices, usable indoors, designed or
modified for and used by individuals with mobility
impairments, whether operated manually or powered.
• The requirements for lift platforms, and wheelchair spaces
specify the appropriate dimensions for wheelchairs.
• Any device used by individuals with disabilities for mobility
must fit an envelope which is 30 inches wide by 48 inches long.
• Wheelchair is part, or extension, of their own body
Because of the
design of most of
the scooters, we
discourage letting
people ride inside
the vehicle while
sitting on the
scooter
However,
according to ADA,
we must transport
a passenger with
a commonly used
mobility device
and cannot require
them to transfer to
a seat.
You may request
that the rider
transfer to a
passenger seat,
however if they
refuse, you must
allow them to ride
the scooter.
Section 38.23(d) of the DOT ADA regulation requires all ADA – compliant
vehicles to have a two–part securement system:
One to secure the wheelchair, and a seatbelt and shoulder harness for the
wheelchair user
The securement system shall limit the movement of an occupied
wheelchair or mobility aid to no more than 2 inches in any direction under
normal vehicle operating conditions. 38(d)(5)
Do not take shortcuts, remember, the passengers sense of security is
of extreme importance.
Requirements under the
ADA
Under the broad nondiscrimination provisions in the DOT ADA
regulations, a transit operator is not permitted to require the
use of seat belt and shoulder harnesses by wheelchair users,
unless the operator requires the use of these devices by all
passengers.
On a fixed route bus, if none of the passengers are
required to wear seat or shoulder belt then neither can the
person using a wheelchair be required to do so.
• Drivers are responsible for
assisting passengers both in
and out of the vehicle.
Driver
Responsibility
• No passenger will be allowed
to leave the vehicle
unescorted at any time.
• Assist passengers who
cannot put on their own
seatbelts
• The vehicle should not be
taken out of park until all
passengers, and drivers are
wearing their seat belts.
We are
responsible
for:
• Assisting passengers, if necessary,
with keys and opening the door.
• Taking grocery bags to the door of
the building.
We are not
responsible
for:
•
•
•
•
•
Safekeeping of passengers keys.
Dressing passengers.
Helping passengers out of bed.
Turning off their stove.
Putting food in the refrigerator.
There are two reasons you should
not enter the passengers home:
First, there is a significant amount
of exposure and risk to entering a
passengers home.
Second, there will be times when
you have other passengers who
were still in the vehicle. Because
you are responsible for them, you
cannot leave the line of sight of
the vehicle.
Your Role to Other
Agencies
If you observe any changes in behavior or well-being,
make sure you report them to the dispatcher or
respective center agency staff.
If you ever suspect abuse is occurring to a passenger you
need to report that abuse to your supervisor.
Your supervisor can assist you in determining whether a
particular event or observation warrants a full report.
If you are in doubt ask.
Blood-borne pathogens are
viruses or other infectious
agents carried by the blood.
The pathogens include, but
are not limited to, Hepatitis B
Virus (HBV) and Human
Immunodeficiency Virus
(HIV).
Universal Precautions
Treat all blood and body fluids as
potentially infectious for HIV, HBV,
hepatitis C virus (HCV) and other
pathogens
Each
vehicle
should be
equipped
with a
biohazard
kit
Hepatitis A (HAV)
Hepatitis A is a virus spread by infected feces
that contaminate food or drinking water and
infects approximately 35,000 people in the
United States each year.
Hepatitis B (HBV)
Hepatitis B is a virus that causes serious liver disease,
and is sometimes fatal.
HBV is transmitted by
contact with blood or body
fluids of an infected person.
HBV can be found in:
• Saliva
• Semen
• Urine
• And feces of infected
persons
At this time there is no cure for HBV. However, there is a
vaccine that can prevent infection.
Hepatitis C (HCV)
Like HBV, HCV is a viral infection of the liver.
It causes inflammation of the liver and is the leading
reason for liver transplants in the United States.
Hepatitis C is spread
by:
• Unprotected
sexual contact
• Injection drug
use
• Exposure to
infected blood
It is NOT spread to another person
through casual contact. It is a blood
– to – blood transmission
Human Immunodeficiency Virus
HIV
Develops into
AIDS
AIDS attacks the
immune system
Transmitted by
blood
Currently no cure
An Aging Society
People are living longer today than ever
before. Having the freedom to get around in
the community is equally as important.
Driving the elderly is a very personal service.
Drivers may see the same people day after
day, month after month.
Older people depend on you as their driver. For
someone who lives alone, a long ride in a car,
van or bus may be a social event.
Communication
Economic
condition
Social
condition
Be aware of the following conditions that
may indicate an older rider is in trouble:
Emotional
health
Personal
appearance
Physical
limitations
Condition of
home
If you see any of the above conditions, particularly if they have
changed, notify your supervisor. Suggest that your supervisor may
want to notify the local office on aging of the situation
Never ignore something out of the ordinary
When dropping people at senior centers or at a doctor’s office, do not
assume that others will notice what you have observed
Alert staff immediately
Sexual
Harassment
• Unreasonably interfering with an
individual work performance or
creating an intimidating, hostile,
or offensive working
environment including, but not
limited to:
• Gender harassment
• Seductive behavior
• Sexual bribery
• Sexual assault
Passengers may be friendly and anxious
to meet you, or they may be shy and
withdrawn.
How you act, or do not act, will be
interpreted by your passengers in ways
that you may not have intended.
Appropriate
vs.
Inappropriate
For example, holding the hand of a
passenger when assisting boarding and
exiting the vehicle may be interpreted as a
sexual overture.
Do not become socially involved with your
passengers.