PARATRANSIT SYSTEM COMPLIANCE WITH
AMERICANS WITH DISABILITIES ACT (ADA)
REVIEW
Ohio Department of Transportation
January 23, 2007
Presented by:
Robbie L. Sarles
RLS & Associates, Inc.
Dayton, Ohio
Based on a position paper prepared by:
Russell Thatcher
Multisystems, Inc.
Cambridge, Massachusetts
Revised 10/29/98
Page 1 of 52
THE AMERICANS WITH DISABILITIES
ACT OF 1990
Goal:
To assure that persons with disabilities have
equal opportunity, a chance to fully participate in
society, are able to live independently, and can
be economically self-sufficient.
Page 2 of 52
ACCORDING TO ADA
Disability:
Physical or mental impairment that substantially
limits one or more major life activities, a record of
such an impairment, or being regarded as having
such an impairment.
Page 3 of 52
IMPACT OF ADA
 Established a clear national goal
 Defines a specific and detailed course of action
 Requires much greater degree of affirmative action
 Provides accessibility standards for vehicles and
facilities
 Elevates the importance of access and
nondiscrimination
 Interrelated with Section 504

Entities cannot discriminate against persons
with disabilities as a condition of Federal
funding
Page 4 of 52
RANGE OF ISSUES
 Employment
 Provision of services
 Access to facilities and places of public
accommodation
 Access to the nation’s telecommunication systems
Page 5 of 52
ACCESSIBILITY MEANS
 Physical access to vehicles and buildings
 Proper training of personnel
 Proper maintenance of equipment
 Operating policies and procedures
 Public information and communication accessible
Page 6 of 52
IMPLEMENTATION REGULATIONS
 Law sets goals, defines general types of
discrimination, and creates a framework for
addressing discrimination
 Implementing agency provides specific definitions,
interpretations, and requirements in regulations
 Open to interpretation
Page 7 of 52
IMPLEMENTING AGENCIES
 Title I - employment

Equal Employment Opportunity Commission
 Title II and Title III - public services and public
accommodations excluding transportation

Department of Justice
 Title II and Title III - public and private transportation

Department of Transportation
 Title IV - telecommunications

Federal Communications Commission
Page 8 of 52
TITLE II: PUBLIC SERVICES
 Discrimination against persons with disabilities or
activities provided by public entities
 Includes “standing in shoes” contractors
 Prohibits public entities from denying individuals with
disabilities the opportunity to use public transportation
services
 Prohibits public entities from providing services
which discriminate against persons with disabilities
Page 9 of 52
POSITION PAPER BASED ON:
 Opinions of the authors of the USDOT regulations
 Recent guidance issued by the FTA (letters of
interpretation)
 Information and assistance of DHHS and U. S.
Department of Justice
Page 10 of 52
TITLE II OF THE ADA
 Services and benefits provided by public entities must
be offered in a way that does not discriminate against
persons with disabilities
 Implementing Federal agencies define:


What constitutes discrimination
What actions are required to ensure services are
non-discriminatory
Page 11 of 52
TITLE II (CONTINUED)
 Subtitle A - applies to all service provided by public
entities except transportation


Implementing agency is the USDOJ
49 CFR Part 35
 Subtitle B - applies to transportation services provided
by public entities


Implementing agency is the USDOT
49 CFR Parts 27, 37, and 38
Page 12 of 52
TITLE III
 Applies to private entities providing services to the
public

Includes provisions for transportation provided by
private citizens
 Regulations issued by USDOJ and USDOT are
consistent and coordinated in terms of defining
discrimination and actions required
 Regulations refer to each other
 USDOJ defers to USDOT for transportation related
issues
Page 13 of 52
TITLE III (CONTINUED)
 Even though not specifically addressed, USDOJ and
DHHS have determined that public human service
agency transportation is covered by the USDOT
 USDOT has determined that public human service
agency transportation falls under Section 37.77 if
demand responsive or 37.73 if fixed route
 Section 37.77 covers the “purchase or lease of new
non-rail vehicles by public entities operating demand
responsive services for the general public”

“General public” applies to not only the
entire public, but to sub-groups of the
general public
Page 14 of 52
USDOT TRANSPORTATION
REGULATIONS
 Facility access
 Accessibility of vehicles
 Complementary paratransit services for fixed-route
provider
 Operating policies and procedures
Page 15 of 52
TYPES OF ENTITIES
 Public entities
 Private entities primarily engaged in the business of
transportation
 Private entities not primarily engaged in the business
of transportation
Page 16 of 52
TYPES OF SERVICES
 Fixed-route transportation service
 Demand responsive transportation service
 Complementary paratransit service
Note: transportation services provided by religious
organizations are exempt
Page 17 of 52
CONTRACTS FOR SERVICE
 Contractors must comply with the requirements that
would apply to the contracting entity

“Standing in the shoes”
Page 18 of 52
PUBLIC ENTITIES OPERATING DEMAND
RESPONSIVE SERVICES FOR THE
GENERAL PUBLIC
 All newly purchased or leased vehicles must be
accessible unless it can be demonstrated that the
system, when viewed in its entirety, provides
equivalent service to persons with disabilities
Page 19 of 52
EQUIVALENT SERVICES
 Services must be provided in the most integrated
setting possible
 Response time


Trip request procedures and timelines must be the
same
Same access to the services
Page 20 of 52
FARES
 Cannot charge more for accommodating accessibility
aids
 Fare distinctions that do not adversely impact persons
with disabilities are permissible as long as they are
then available to riders with and without disabilities
Page 21 of 52
SERVICE AREA
 Geographic service area throughout which
transportation is provided must be the same
 If a contracted service is based on its own defined
service area, all clients must have the same access to
the defined service area
Page 22 of 52
HOURS AND DAYS OF SERVICE
 Accessible service must be offered during the same
days and hours as the remainder of the transportation
services
Page 23 of 52
TRIP PURPOSE RESTRICTIONS OR
PRIORITIES
 Trip priorities or restrictions must apply equally to all
Page 24 of 52
ACCESS TO INFORMATION
 Information on how to register for and obtain services
must be available in alternative accessible formats
 Document describing the program should be provided
in accessible formats upon request
 TTY/TDD or relay
Page 25 of 52
CAPACITY CONSTRAINTS
 Trips must be provided on the same basis
 Measures of capacity constraint
 Trip denials
 Excessively long trip time
 2 times the scheduled ride time for a comparable
fixed route ride equal to or less than 45 minutes
 More than 90 minutes for comparable fixed
route rides greater than 45 minutes
 Excessively long wait time
 Missed trips
Page 26 of 52
PUBLIC ENTITIES OPERATING FIXEDROUTE BUS SERVICES
 All newly purchased or leased vehicles must be
accessible unless:


Waiver from administrator
Demonstrate good faith effort – purchase nonaccessible used vehicles
 Public entities operating demand response service
 Must purchase accessible vehicle unless certify
equivalent service is provided
Page 27 of 52
PRIVATE ENTITIES PRIMARILY ENGAGED
IN THE BUSINESS OF TRANSPORTATION
 Fixed-route - must be accessible if vehicle seats 8 or
more people; equivalent service if vehicles are smaller
 Demand responsive - new purchases must be
accessible unless the system, when viewed in its
entirety, provides equivalent services to persons with
disabilities
Page 28 of 52
PRIVATE ENTITIES PRIMARILY NOT
ENGAGED IN THE BUSINESS OF
TRANSPORTATION
 Fixed-route - new vehicle must be accessible if
vehicle seats more than 16 passengers; accessible or
equivalent service if smaller vehicle is used
 Demand responsive - new purchases must be
accessible unless the system, when viewed in its
entirety, provides equivalent services to persons with
disabilities
Page 29 of 52
FACILITY REQUIREMENTS
 New construction and alterations must be accessible -
ADA Accessibility Guidelines (ADAAG)



General design standard for building and site
elements
“Scoping” requirements
Construction contracts must include ADA
requirements
Page 30 of 52
PUBLIC TRANSPORTATION PROVIDER
REQUIREMENTS
 New facilities must be fully accessible
 Existing facilities - when viewed in its entirety must
be readily accessible
 Altered facilities - alterations must be accessible to the
maximum extent possible - primary functions
Page 31 of 52
PRIVATE ENTITY REQUIREMENTS
 New facilities must be accessible to the extent it is not
structurally impractical
 Existing facilities’ physical barriers must be removed
if readily achievable

If not readily achievable, alternative steps must be
taken to make services accessible
 Alterations must be accessible to the maximum extent
feasible
Page 32 of 52
PROVISION OF SERVICE
REQUIREMENTS - ALL PROVIDERS*
 Access to information - all print materials must be
available in accessible formats

Accessible material must be available upon request
and in a form that the person can use
 Access to communication - provide access to
information provided by telephone (TTY/TDD/Relay
services)
 Public hearing must be held in accessible location
* Must include in policy statement
Page 33 of 52
PROVISION OF SERVICE REQUIREMENTS ALL PROVIDERS (CONTINUED)*
 Employee training - personnel must be trained to
proficiency, as appropriate to their duties, so that they
may operate vehicles and equipment safely and
properly and treat individuals with disabilities in a
respectful and courteous way
* Must include in policy statement
Page 34 of 52
PROVISION OF SERVICE REQUIREMENTS ALL PROVIDERS (CONTINUED)*
 Equipment maintenance - lifts, securements, public
address systems, and other access-related equipment
must be maintained in operating condition
 Lift and securement use:



All “common wheelchairs” must be transported
Common wheelchairs must be secured during
transport – must be in policy
Service cannot be denied on the grounds that a
mobility device cannot be secured to the provider’s
satisfaction
* Must include in policy statement
Page 35 of 52
PROVISION OF SERVICE REQUIREMENTS ALL PROVIDERS (CONTINUED)*
 Common Wheelchair:
Mobility aid belonging to any class of 3 or 4
wheeled devices, usable indoors, designed for and
usable by individuals with mobility impairments
whether operated manually or powered • < 30 inches in width
• < 48 inches in length
• measured 2 inches above the ground
• < 600# when occupied
 Should accommodate larger wheelchairs if capable
* Must include in policy statement
Page 36 of 52
PROVISION OF SERVICE REQUIREMENTS ALL PROVIDERS (CONTINUED)*
 Lift and securement use (continued)



3-point passenger restraint system is required
Restraint can only be required when and if all other
passengers are required seat belts
Does not preempt State law that requires children
to be secured with an approved restraint system
* Must include in policy statement
Page 37 of 52
PROVISION OF SERVICE REQUIREMENTS ALL PROVIDERS (CONTINUED)*
 Lift and securement use (continued)


Individuals that have mobility devices that pose
securement problems can be requested to transfer,
but cannot be required to transfer
Individuals who cannot enter a vehicle
using the stairs must be allowed to enter
the vehicle using the lift
* Must include in policy statement
Page 38 of 52
ACCOMMODATING MOBILITY AIDS AND
LIFE SUPPORT SYSTEMS*
 Riders must be permitted to travel with service
animals that are trained to assist them




May ask if pet
May ask what services the animal has been trained
to perform
May not ask about disability
May not ask for proof of certification or other
documentation
* Must include in policy statement
Page 39 of 52
ACCOMMODATING MOBILITY AIDS AND
LIFE SUPPORT SYSTEMS (CONTINUED)*
 Riders must be allowed to travel with respirators and
portable oxygen

Service can be denied if transporting hazardous
materials
* Must include in policy statement
Page 40 of 52
ATTENDANT POLICIES/REFUSING
SERVICES*
 Personal Care Attendants must be permitted to ride
and should not be charged a fare
 Cannot require the use of a PCA
 Service can only be refused if a rider engages in
“violent, seriously disruptive, or illegal conduct”
 Service cannot be denied because an individual
offends, annoys, or inconveniences another rider
* Must include in policy statement
Page 41 of 52
ATTENDANT POLICIES/REFUSING
SERVICES (CONTINUED)*
 Service cannot be refused even if insurance companies
condition coverage or set rates contrary to the
regulation
 Suspension of disruptive rider requires due process –
notification of appeal
* Must include in policy statement
Page 42 of 52
ADDITIONAL CHARGES*
 Additional charges cannot be imposed even if
additional services are required
 Boarding/Disembarking time - adequate time must be
provided
* Must include in policy statement
Page 43 of 52
ADDITIONAL REQUIREMENTS FOR
PUBLIC ENTITIES*
 Maintenance of lifts - public providers must institute
regular and frequent maintenance checks of lifts



Repair made next business day
Vehicles with inoperable lifts can be put into service
only if there is no spare
Vehicles with inoperable lifts can be kept in service
for no more than 3 days (if the service area
population is greater than 50,000) or 5 days (if the
service area population is less than 50,000)
* Must include in policy statement
Page 44 of 52
SERVICE RELATED ISSUES
 System assessment




Service standards
Capacity constrained
Recordkeeping
Review and analysis
 Customer satisfaction



Surveys
Complaint policies - procedures
Administration oversight
Page 45 of 52
EQUIVALENT SERVICE
 Must document equivalent service when buying or
leasing new vehicles that are not accessible
 Must be made each time
 Public entity or private contractor must complete
certificate of equivalent service before acquiring an
inaccessible vehicle
 Private entities do not submit
Page 46 of 52
TRANSPORTATION FUNCTION
IMPACTED BY ADA
 Management
 Maintenance
 Human Resources
 Customer Service
 Labor Relations
 Marketing & Public
 Planning
Relations
 Community Relations
 Civil Rights & Legal
Counsel
 Board of Directors
 Purchasing/Procurement
 Scheduling &
Dispatching
 Facilities
 Operations
Page 47 of 52
STATES’ RESPONSIBILITIES
 Comply with certification requirements
 Comply with vehicle accessibility requirements
 Monitor subrecipients’ compliance with vehicle
accessibility requirement
 Ensure new/rehabilitated facilities comply with ADA
 Comply with ADA service provisions (direct
operation)
 Monitor subrecipients’ compliance with ADA service
provisions
Page 48 of 52
STATES’ RESPONSIBILITIES
(CONTINUED)
 Provide complementary paratransit service (fixed
route system)
 Monitor complementary paratransit service
Page 49 of 52
ENFORCEMENT
 Complaints alleging discrimination should be filed
with the appropriate Federal agency
 All transportation related complaints go to USDOT
 Powers, remedies, and procedures of the Civil Rights
Act of 1964 apply to Title I Employment Provisions
and Title III Public Accommodation and Service
Accommodation
 Powers, remedies, and procedures of Section 504 of
the Rehabilitation Act of 1973 apply to Title II
Page 50 of 52
ENFORCEMENT PROCEDURE
 Complaint filed with USDOT Office of Civil Rights
 USDOT investigates
 Attempt to resolve issue
 Violations not corrected - cut off Federal funds
 Subject to further administrative or judicial action by
Department of Justice
Page 51 of 52
ENFORCEMENT PROCEDURE
(CONTINUED)
 USDOT focuses enforcement on ensuring that entities
meet their obligations, rather than on the imposing of
sanctions
 Priority of enforcement - where there is a “pattern or
practice” of discrimination
 In addition to administrative enforcement, private
legal actions can be initiated
Page 52 of 52