fta complaint process & hot topics in ada compliance · hot topics: service animals §37.3,...
TRANSCRIPT
CalACT Autumn Conference Berkeley, CA
Sept. 22, 2011
Dawn Sweet
FTA ADA Team
FTA Complaint Process &
Hot Topics in ADA Compliance
FTA Office of Civil Rights
Headquarters teams
TED and ADA
Regional civil rights
officers
3 ADA program areas
Technical assistance
Compliance reviews
Complaint investigations
www.fta.dot.gov/ada
Transit Agency Complaint Process §27.13
Adopt complaint procedures
that provide for prompt and
equitable resolution
Maintain a copy of all
complaints of ADA
noncompliance for 1 year
Maintain a record (summary) of
all complaints for 5 years
FTA Complaint Process §27.123, 37.11
Any person who believes they been harmed by a failure to comply with regulations may file a written complaint
Form or letter
Sufficient content
FTA is to conduct a “prompt” investigation whenever a complaint indicates a possible failure to comply
“Designated Agency” status
FTA Caseload Snapshot
About 150 complaints yearly
Fixed route
Priority seating, lift use,
maintenance, stop announcements
Paratransit
Late pickups, no-shows,
eligibility, service area
Resolution Process
Our possible approaches:
Templates
Information request to GM
Information request to staff (e.g., ADA coordinator)
Compliance review
What we want from the transit provider:
30-day turnaround for response
Prompt response to follow-up questions
Comprehensive, responsive to all requests
Good, succinct narrative
FTA Enforcement §27.123, 37.11
Emphasis on informal resolution
Goal is to fix deficiencies, not sanction
Means of enforcing of compliance:
Withhold/condition federal funds
Referral to the US Department of Justice
Memorandum of Understanding
Hot Topics: Suspension for Behavior §37.5(h)
Requirements
Can deny service for
seriously disruptive,
violent or illegal conduct
(or a “direct threat”)
“Direct threat” means a
significant risk to the health
or safety of others that
cannot be eliminated
Due process and
suspension length
Issues
Hygiene
Verbal acts
Physical acts
Hot Topics: Service Animals §37.3, 37.167(d)
Requirements
Transit agency must
permit service animals
“Any guide dog, signal dog,
or other animal
individually trained to
work or perform tasks
for an individual with a
disability . . .”
Animal must be under
owner’s control
Issues
DOJ’s rule change
Emotional service animals
Barking and other dog-like
behavior
Hot Topics: Priority Seating §37.167(j), Part 38
Requirements
Drivers must ask the following persons to move:
“(i) Individuals, except other individuals with a disability or elderly persons, sitting in a location designated as priority seating for elderly and handicapped persons (or other seat as necessary); (ii) Individuals sitting [in] a fold-down or other movable seat in a wheelchair securement location.”
Issues
When does the driver ask nondisabled to move
Ambulatory disabled in flip up securement area seats
Mandatory move policy ok
Walkers
Hot Topics: Lift Use §37.165
Requirements
Must allow standees on lift
Driver must assist with
lifts/ramps
May need to help push a
manual wheelchair user
up/down ramp
Must allow wheelchair
users to board forward-
or rear-facing
Issues
Standees
Boarding separately from
wheelchair
Boarding direction
Hot Topics: Steering to Non-ADA Service
Requirements
Cannot limit the availability of paratransit service
Issues
Commingled service
offering paratransit
applications only to those
under 65 years
No information about
paratransit on website
Hot Topics: General Demand-Responsive §37.77
Requirements
Nondiscrimination
provisions in §37.5
General services
provisions in Subpart F
(lifts, training, etc.)
Vehicles must be
accessible unless
equivalent service is
provided
Issues
Vehicle acquisition
Riders’ misunderstanding
of requirements
Questions
Dawn Sweet
ADA Team
Office of Civil Rights
Federal Transit Administration
1200 New Jersey Ave. SE, Room E-54
Washington, DC 20590
(202) 366-0529
FTA ADA Assistance Line
(888) 446-4511
FTA ADA Website
www.fta.dot.gov/ada