ada paratransit: important findings from dot and fta disability rights education & defense fund...
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ADA Paratransit:Important FindingsFrom DOT and FTA
Disability Rights Education & Defense Fund (DREDF)
ADA Paratransit:Important FindingsFrom DOT and FTA
Disability Rights Education & Defense Fund (DREDF)
ADA Technical Assistance:
The Topic Guides on ADA Transportation
Topic GuidesOn ADA Transportation
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The Topic Guides on ADA Transportationwere funded by the Federal Transit Administration (FTA)to provide technical assistance on ADA transportation
to transit agencies, riders, and advocates.
The Topic Guides on ADA Transportation were developed by the Disability Rights Education & Defense Fund
and TranSystems Corporation.
Topic GuidesOn ADA Transportation
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THE TOPIC GUIDES BRING TOGETHER:
• The requirements of the Americans with Disabilities Act • The U.S. Department of Transportation (DOT) ADA regulations• FTA enforcement determinations• Operational best practices for compliance with the ADA• Information from many other sources on ADA transportation
Topic GuidesOn ADA Transportation
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THIS SERIES OF TOPIC GUIDES CONSISTS OF:
1. Equipment Maintenance2. Stop Announcement and Route Identification3. 4. Telephone Hold Time in ADA Paratransit5. Origin to Destination Service in ADA Paratransit6. On-Time Performance in ADA Paratransit 7. No-Shows in ADA Paratransit
Eligibility for ADA Paratransit
Topic GuidesOn ADA Transportation
Origin to Destination Service in ADA ParatransitOn-Time Performance in ADA ParatransitNo-Shows in ADA Paratransit
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Find the Topic Guides on ADA Transportation at:
dredf.org/ADAtg/
Topic GuidesOn ADA Transportation
ELIGIBILITYFOR ADA PARATRANSIT
Topic Guides on ADA Transportation
FUNDED BY THE FEDERAL TRANSIT ADMINISTRATION
TOPICGUIDE 3
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TOPICGUIDE 3
Types of Eligibility
A. Unconditional eligibility (all trips)
B. Conditional eligibility (some trips):
Identify all conditions affecting travel
C. Temporary eligibility
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TOPICGUIDE 3
IMPORTANT DO’S AND DON’TS
DO: Base Decisions on Most Limiting Condition
Consider:
• Applicant’s potential travel throughout entire service area, during all seasons
• Secondary conditions, e.g. disorientation, fatigue, difficulties with balance
• Variable conditions that may change travel abilities over time
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TOPICGUIDE 3
DO: Base Decisions on Most Limiting Condition, cont’d.
• Likely that barriers will prevent fixed route travel at some point by applicants with significant disabilities
• Individuals who are blind, who use wheelchairs, who have other significant disabilities will likely receive at least conditional eligibility
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TOPICGUIDE 3
DO: Develop and Use Comprehensive Task / Skills List
• Example list in Appendix 1; should reflect local characteristics
• Application may not list all relevant factors
• Keep list in mind; note most limiting conditions
• Many determinations will require follow-up contact with applicant or named professional
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TOPICGUIDE 3
DO: Apply Reasonable Person Test
• Need not be “literally impossible” to reach bus stop
• Eligibility is warranted if reasonable person with disability
“would be deterred from making the trip”
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TOPICGUIDE 3
DO: Identify Specific Abilities and/or Limitations
Transit agencies that expect ever to implement
trip-by-trip eligibility should identify specific limitations
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TOPICGUIDE 3
DO: Identify Specific Abilities and / or Limitations, cont’d.
For example: Rider is eligible if must go:
• More than 3 level blocks, and / or
• Over steep terrain, and / or
• Through snow and ice, and / or
• Across an intersection with several lanes of traffic
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TOPICGUIDE 3
DON’T: Do Conditional Eligibility Only Part Way
Finding applicant eligible only in winter
presumes ability to travel anywhere in service area
in summer; unlikely to be accurate
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TOPICGUIDE 3
DON’T: Make Blanket Denials Based on Type of Disability
• Even with motorized wheelchair, obstacles can remain
• Even with stop announcements, obstacles can remain for people who are blind or have vision impairments
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TOPICGUIDE 3
DO: Apply Variable Conditions Appropriately
• Transit agency can usually use eligibility conditions to see if fixed route is good trip option
• Sometimes only the rider can determine this—e.g. some people with MS, some people with psychiatric disabilities
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TOPICGUIDE 3
DON’T: Base Eligibility On Travel Training Not Yet Completed
• May not require travel training
• Base decision on current ability
• Temporary eligibility is best practice if rider voluntarily enters travel training
• Reassess before temporary eligibility expires
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TOPICGUIDE 3
DON’T: Deny Eligibility Based On Prior, Occasional Use of the Fixed Route System
• Occasional use of bus does not mean rider can always use it
• Can inadvertently discourage fixed route use
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TOPICGUIDE 3
DON’T: Mix Eligibility WithCommon Wheelchair Definition
• Don’t deny eligibility because wheelchair doesn't meet common wheelchair definition
• Address as separate issue
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TOPICGUIDE 3
DO: Interpret Safety Issues Properly
• Generally, public safety not factor (e.g. high crime rate)
• Yet riders need personal safety skills to successfully use fixed route
• Lack can form basis for eligibility
• Distinguish between disability-related safety issues and general safety concerns
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TOPICGUIDE 3
ELIGIBILITY DETERMINATION PROCESS
No Fees
• Must provide transportation without charge to eligibility appointments if needed (Note: same for appeals)
• No hidden fees, such as for:
► Info from medical professional
► Photo ID cards
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TOPICGUIDE 3
In-Person Interviews and Functional Assessments
• Some disabilities cannot be evaluated by functional assessments (for example: seizure disorders, psychiatric disabilities)
• Project ACTION guidebook Determining ADA Paratransit Eligibility: An Approach, Guidance and Training Materials
• Use appropriate professionals
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TOPICGUIDE 3
Collect Adequate Information
• Don’t deny due to inconsistent information or unanswered questions on paper application
• Gather more information
• Don’t rely on appeal process; initial determination should be accurate
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TOPICGUIDE 3
Not Overly Burdensome
Process may not be
overly burdensome for applicants
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TOPICGUIDE 3
Appeal Process For Denials of Eligibility
• Appeal must be available if eligibility is denied or limited
• May require appeals to be filed within 60 days
• If applicant misses deadline, may reapply for eligibility at any time. If denied again, may appeal
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TOPICGUIDE 3
Other Resources
• FTA ADA website: www.fta.dot.gov/ada
• FTA Office of Civil Rights by phone or e-mail:
[email protected] (E-mail) (888) 446-4511 (Voice) (800) 877-8339 (TTY)
ELIGIBILITYFOR ADA PARATRANSIT
ORIGIN TODESTINATIONSERVICE IN ADA PARATRANSITDOOR-TO-DOOR SERVICE IS REQUIRED WHEN NECESSARY
Topic Guides on ADA Transportation
FUNDED BY THE FEDERAL TRANSIT ADMINISTRATION
TOPICGUIDE 5
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TOPICGUIDE 5
The Right to Assistance Beyond The Curb(When Necessitated by Disability)
• ADA paratransit is “origin to destination service” • ADA allows transit agencies to establish whether overall
service is door-to-door (DTD) or curb-to-curb (CTC)
• Driver must assist riders to enter and exit vehicle
ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT
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TOPICGUIDE 5
The Right to Assistance Beyond The Curb(When Necessitated by Disability), cont’d.
• DOT published Disability Law Guidance on “Origin to Destination Service” in 2005
• Find this DOT Guidance at:
www.fta.dot.gov/civilrights/ada/civil_rights_3891.html
or Google “Origin to Destination Service”
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TOPICGUIDE 5
The Right to Assistance Beyond The Curb(When Necessitated by Disability), cont’d.
• Guidance explains: if CTC is standard, must still provide additional assistance if needed, on basis of disability
Guidance states:
“This term [origin to destination service] was deliberately chosen [in the DOT ADA regulation] … to emphasize the obligation of transit providers to ensure that eligible passengers are actually able to use paratransit service to get from their point of origin to their point of destination.”
ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT
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TOPICGUIDE 5
The Right to Assistance Beyond The Curb(When Necessitated by Disability), cont’d.
Guidance further states:
“Where … curb-to-curb service [is] the basic service mode, however, provision should still be made to ensure that the service available to each passenger actually gets the passenger from his or her point of origin to his or her destination point. … service may need to be provided to some individuals, or at some locations, … beyond curb-to-curb service.”
ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT
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TOPICGUIDE 5
The Right to Assistance Beyond The Curb(When Necessitated by Disability), cont’d.
Guidance gives examples:
• Nature of individual’s disability or adverse weather conditions may prevent negotiating distance from door to curb
• Sidewalk construction may prevent passenger from traveling between curb and door
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TOPICGUIDE 5
The Right to Assistance Beyond The Curb(When Necessitated by Disability), cont’d.
Guidance concludes:
“Under the ADA … it is not appropriate for a paratransit provider to establish an inflexible policy that refuses to provide service ... beyond the curb in all circumstances. On an individual, case-by-case basis, paratransit providers are obliged to provide an enhancement to service when it is needed and appropriate to meet the origin-to-destination service requirement. We recognize that making individual, case-by-[case] judgments may require additional effort, but this effort is necessary to ensure that the origin-to-destination requirement is met.”
ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT
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TOPICGUIDE 5
Limitations On This Right
• Not required to fundamentally alter nature of service or create undue burdens
• Driver not required to:► Go beyond doorway into building ► Leave vehicle unattended for lengthy periods► Lose ability to keep vehicle under visual observation
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TOPICGUIDE 5
Local Policies Vary
Most DTD policies don’t allow driver to:
• Go into building
• Go out of sight of vehicle
• Lose effective control over the vehicle (particularly if other riders are on board)
ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT
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TOPICGUIDE 5
Local Policies Vary, cont’d.
Most common ways to define “lose effective control over vehicle” are:
• Lose sight of vehicle, or • Travel more than certain distance from vehicle (150 feet is
typical)
ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT
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TOPICGUIDE 5
Local Policies Vary, cont’d.
• Yet local policies vary greatly
• Even with clear policies, situations that lie outside policy are often accommodated informally
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TOPICGUIDE 5
Additional Examples:When is Door-To-Door Service Required?
The following are additional examples
to illustrate how to apply
DOT Origin to Destination Guidance.
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TOPICGUIDE 5
A. Steps—Rider Using Wheelchair
Must a driver help a wheelchair user down a flight of steps?
• No, too great a risk of harm
• Many transit agencies will provide assistance up or down one step or curb
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TOPICGUIDE 5
B. Steps—Ambulatory Rider With Mobility Disability
If a rider walks with limited mobility, must driver assist up and down steps?
Yes, this is reasonable assistance, if other policies, such as maintaining effective control of vehicle, are not compromised
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TOPICGUIDE 5
C. Clear Path of travel
Must driver work to clear a path of travel?
Driver is not required to do extensive work to clear path of travel. But more easily performed action, such as moving one or two objects, would be required.
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TOPICGUIDE 5
D. Doors and Ramps
Must driver open door for rider? Must driver push awheelchair user up a ramp?
• Yes, both. • Exterior door • Ramp with excessively steep slope can be too great a risk
of harm
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TOPICGUIDE 5
E. Carrying Packages
Does Guidance require driver to carry groceries / packages? If groceries or packages would be allowed on fixed route, a
limited amount must be carried if needed by rider due to disability
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TOPICGUIDE 5
F. Snow
Must driver push someone through snow?
• Yes, Guidance discusses adverse weather conditions
• Deep snow or very icy conditions may be fundamental alteration or direct threat, and not required
• But many other circumstances, such as one or two inches of snow, is reasonable assistance
• Not required to shovel snow
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TOPICGUIDE 5
G. Doorbell
Must driver ring doorbell?
Yes, if outside of building.
ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT
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TOPICGUIDE 5
H. Two Staff Persons
If rider needs two transit agency staff, is that required?
No, this is fundamental alteration of ADA paratransit service
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TOPICGUIDE 5
I. Long Steep Curved Driveway
Must driver come up long steep curved driveway and lose sight of vehicle?
No, but if driver goes part way, there may be someone else at home or on-site who can do the rest
ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT
ON‐TIMEPERFORMANCEIN ADA PARATRANSIT
Topic Guides on ADA Transportation
FUNDED BY THE FEDERAL TRANSIT ADMINISTRATION
TOPICGUIDE 6
ON-TIME PERFORMANCEIN ADA PARATRANSIT
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TOPICGUIDE 6
Scheduling Practices For On-Time Performance:
Using the One-Hour Scheduling Window Correctly
Consider rider’s overall travel needs when applying one-
hour window
Example: If rider gets off work at 5 and requests 5:15 pick-up,
window should be 5:15 to 6:15 p.m. Cannot only offer times
that require her to leave work early
ON-TIME PERFORMANCEIN ADA PARATRANSIT
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TOPICGUIDE 6
Using the One-Hour
Scheduling Window Correctly (cont’d.)
• When rider has latest arrival time (such as doctor appointment), use window on early side to ensure on- time arrival
• When rider has earliest departure time (such as leaving work), use window from that time to one hour after
ON-TIME PERFORMANCEIN ADA PARATRANSIT
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TOPICGUIDE 6
Scheduling to the Appointment
or Desired Arrival Time
FTA has found repeatedly
that scheduling must take into account
a rider’s appointment time
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TOPICGUIDE 6
The Importance of a True Negotiation of Trip Times
• FTA has questioned offering only one pickup time, even within one-hour window, because that’s not negotiation
• Negotiation suggestion: request information about rider’s time constraints
• Balance trip negotiation with system efficiency
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TOPICGUIDE 6
Negotiated Time Versus Scheduled Time
• Notify the rider of any pickup time changes
• Agreed-upon time should appear on the driver’s manifest
• Best practice: also include pickup window, appointment time on driver’s manifest
ON-TIME PERFORMANCEIN ADA PARATRANSIT
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TOPICGUIDE 6
Consider All Aspects of On-Time Performance
On-Time Pickups: The Pickup Window
• On-time pickup means vehicle arrives within on-time
window, not earlier or later
• Pickup window should not be longer than 30 minutes
• Avoid very early as well as late pickups
ON-TIME PERFORMANCEIN ADA PARATRANSIT
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TOPICGUIDE 6
Five-Minute Wait Time
•Riders must be ready throughout pickup window
•If transit agencies establish five-minute wait time, it may
not begin until start of pickup window
•Dispatchers should consider this before approving no-
shows
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TOPICGUIDE 6
On-Time Drop-Offs
and the Drop-Off Window
• For many trips, on-time drop-off is more important than on-time pickup
• FTA reviews found problematic patterns of late arrivals
• Establish drop-off window, not earlier than one-half hour
ON-TIME PERFORMANCEIN ADA PARATRANSIT
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TOPICGUIDE 6
Travel Time
• Measure separately from on-time performance
• Compare to fixed route time, including travel to and
from stops, and wait time for bus / train
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ON-TIME PERFORMANCEIN ADA PARATRANSIT
TOPICGUIDE 6
Missed Trips
• Trip is missed if vehicle never arrives, or arrives outside
pickup window and rider doesn’t take trip
• Dispatchers should code accurately
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ON-TIME PERFORMANCEIN ADA PARATRANSIT
TOPICGUIDE 6
Missed Trips, cont’d.
• Involve dispatchers each time vehicle arrives, and rider is absent or doesn’t take trip
• Missed trips includes trips not served due to:► Transit agency miscommunications► Reservations / scheduling errors
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TOPICGUIDE 6
Subscription Service:
Don’t Misinterpret 50% Cap
Transit agencies with no denials may provide
as much subscription service as they wish
NO‐SHOWSIN ADA PARATRANSIT
Topic Guides on ADA Transportation
FUNDED BY THE FEDERAL TRANSIT ADMINISTRATION
TOPICGUIDE 7
Beyond The Rider’s Control
Suspensions may not be based on no shows beyond the rider's control. “Beyond the rider’s control” may include:
• Family emergency• Illness precluding rider from calling to cancel• Personal attendant or another party who didn't arrive on
time to assist rider• Rider was inside calling to check ride status and was on hold
for extended time
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TOPICGUIDE 7
Beyond The Rider’s Control, cont’d.
• Rider's appointment ran long and couldn’t cancel in a timely way
• Another party cancelled rider's appointment• Mobility aid failed• Sudden turn for the worse in someone with variable condition• Adverse weather impacted rider's travel plans, precluding
timely cancellation
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TOPICGUIDE 7
Beyond The Rider’s Control, cont’d.
Transit agency error may not be counted as no-show, including:
• Vehicle arrived late, after the pickup window
• Vehicle arrived early, before the pickup window, and rider was not ready to go
• Vehicle never arrived
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TOPIC
GUIDE
7GUIDE
Beyond The Rider’s Control, cont’d.
• Vehicle went to wrong location
• Driver didn't follow correct procedures to locate rider
• Rider cancelled in a timely way but cancellation was not recorded correctly or wasn't transmitted to driver in time
NO‐SHOWSIN ADA PARATRANSIT
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TOPICGUIDE 7
Suggested Procedures For“Beyond The Rider’s Control”
• Telephone number to inform transit agency that particular no-shows were beyond rider’s control
• Published no-show suspension policy should include statement that no-show beyond rider’s control will not count, and that riders are encouraged to contact transit system at special telephone number
NO‐SHOWSIN ADA PARATRANSIT
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TOPICGUIDE 7
Proportion of Trips Missed, Rather Than Absolute Number:
Many Policies Too Restrictive
“3 no-shows in 30 days” is not considered pattern of abuse by FTA, and should not be basis for suspension
FTA asked for reconsideration of other policies, even if not enforced. Leniency in applying policy does not make policy reasonable
NO‐SHOWSIN ADA PARATRANSIT
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TOPICGUIDE 7
Proportion of Trips Missed, Rather Than Absolute Number, cont’d.
FTA has often stated that frequency of individual's rides and no-shows should be considered
Example:
Three no-shows in a month for regular rider who uses paratransit to get to and from work each day plus other trips, is very different from three no-shows by rider who schedules only five trips a month.
NO‐SHOWSIN ADA PARATRANSIT
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TOPICGUIDE 7
Pattern Or Practice Means Both Substantial Number and Above Average Frequency
• When determining what frequency of no-shows constitutes abuse, consider no-show rate for all riders and adjust upward, so doesn’t penalize riders with average no-show records
• If overall no-show rate is 5%, rider who no-shows only 5% of scheduled trips should not be considered abuser of service, because this is average
• Number of no-shows should be considered in addition to frequency
NO‐SHOWSIN ADA PARATRANSIT
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TOPICGUIDE 7
Suspensions: Length
“We are looking for suspensions of days, maybe weeks, not
suspensions, typically, of months and especially of years.”
FTA official, 2009, Project ACTION Distance Learning Session
NO‐SHOWSIN ADA PARATRANSIT
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TOPICGUIDE 7
Suspensions: Financial Penalties – Optional Only
• ADA allows financial penalty only as an alternative to suspension. A fine may not be mandatory
• The ADA does not allow transit agency to charge any fee or financial penalty (whether optional or mandatory) because of single no-show, nor for any number of no-shows short of suspension
• May not charge for trips not taken by rider or rider's companion
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TOPICGUIDE 7
Late Cancellations:Functional Equivalent of a No-Show
• FTA: Late cancellations may result in penalties only if late cancellation is functional equivalent of no-show
• FTA: Cancellation can be considered late if made less than two hours before scheduled trip
• Many transit systems can efficiently redeploy vehicles when same-day cancellations occur
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TOPICGUIDE 7
Resources from FTA
• FTA ADA website: www.fta.dot.gov/ada
• FTA Office of Civil Rights by phone or e-mail
[email protected] (E-mail)
(888) 446-4511 (Voice)
(800) 877-8339 (TTY)
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TOPICGUIDE 7