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Americans with Disabilities Act. Civil Rights Protection for over 50 million Americans. Introduction. What is the ADA? How does the ADA apply to transportation?. Titles of the ADA. Title I Employment Title II Public Entities State, County and Municipal programs and facilities

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Americans with Disabilities Act

Civil Rights Protection for over 50 million Americans


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Introduction

  • What is the ADA?

  • How does the ADA apply to transportation?


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Titles of the ADA

  • Title I Employment

  • Title II Public Entities

    • State, County and Municipal programs and facilities

    • Public transportation programs

  • Title III Privately operated public accommodations

  •  Title IV Telecommunications


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Person with a DisabilityADA Definition

  • …..Physical or mental impairment that substantially limits one or more major life activities

  • …..Having a record of such an impairment

  • …..Being regarded as having an impairment


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Basic Purpose

“No entity shall discriminate against an individual with a disability in connection with the provision of transportation service.”

Section 37.5


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What the ADA Addresses

  • Operating Policies and Procedures

  • Service Delivery Requirements

  • All Providers of Services


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Access to Communication

  • Provision for people with speech/hearing impairments for access to information provided by telephone

  • TDD (Text Telephone)

  • Telecommunications Relay Service (PA Relay)

  • Not all lines and phone stations, but sufficient number

  • No delays or costs not experienced by general public

  • Relay service must operate during all days/hours that voice phone lines are open


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Access to Information

  • All print material also available in accessible formats

    • Schedules Information brochures

    • Rider handbooks Service bulletins

  • Must be made available upon request in a format individual can use

  • Availability of telephone information NOT adequate substitute for route and schedule information

  • Accessible formats include:

    • Braille Audio Tape

    • Computer Disk Large Print


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Employee Training

  • Requirement to train personnel to proficiency

  • Operate vehicles and equipment safely

  • Provide level of service as required

  • Treat individuals with disabilities in a respectful, courteous way


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Training programs must be:

  • Appropriate to duties of each employee

  • Comprehensive

  • Able to evaluate or test each employee’s understanding


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Boarding / Alighting Time

  • Adequate time must be allowed for boarding/alighting of passengers with disabilities

  • Includes adequate time for passengers to get to a seat


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Lift and Securement Use

  • All “Common Wheelchairs” and their users must be transported

  • Common Wheelchair defined as:

    • Not exceeding 30” wide

    • Not exceeding 48” long, when measured 2” above ground

    • Does not weight more than 600 lbs. Occupied

  • Securement system MUST be used to secure wheelchair

  • Cannot deny service on basis of difficulty in securing wheelchair


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Lift and Securement Use

  • Must permit standees to use lift to enter vehicle

  • Each securement location must have a 3-point passenger restraint system

  • Can only require passenger restraint if ALL passengers are required to use


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Lift and Securement Use

  • Transfer from wheelchair to vehicle seat can be recommended, but not required

  • Where necessary or requested, drivers must assist with use of:

    • Securement System

    • Ramp

    • Lift

  • This assistance is required even if the driver must leave his/her seat to do so


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Maintenance of Lifts

  • Regular and frequent lift maintenance program must be developed and instituted

  • Drivers must report non-operating lifts as soon as possible

  • Every effort must be made to repair lifts before the next day of service


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Mobility Aids and Life Support Systems

  • Service animals must be allowed to accompany passengers

  • Passengers must be permitted to travel with life support, including:

    • Respirators

    • Portable Oxygen

  • Can only deny if to transport would violate rules concerning the transportation of hazardous materials


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Additional Charges

  • Special fares and charges, beyond those required of other riders, cannot be imposed on people with disabilities

    • Stowing wheelchairs

    • Toll-free number, but not for TDD

  • No processing fee for ADA eligibility applications can be assessed


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Refusing Service to Passengers with Disabilities

  • Service can only be refused, conditioned or suspended if an individual engages in:

    • Violent

    • Seriously Disruptive or

    • Illegal Conduct

  • Behavior that offends, annoys or inconveniences other passengers is not “seriously disruptive”

  • Service must be provided regardless of liability concerns, insurance coverage conditions or rates


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Priority Seating

  • Priority seating must be provided

  • Use of priority seating cannot be required


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Permitting Riders to Disembark

  • Individuals who use wheelchairs must be permitted to disembark at any stop unless:

    • The lift cannot be deployed

    • The lift would be damaged if deployed

    • Temporary conditions, not within the control of the transit authority, prevent the safe use of the stop by ALL passengers


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Announcement of Stops

  • Operators must announce stops at:

    • Major transfer points with other routes

    • Major intersections/destination points (Landmarks)

    • Sufficient intervals along the route to permit orientation

    • Any stop requested by the passenger must also be announced


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Identifying Vehicles and/or Passengers

  • At stops that service more than one route, method of communication required to:

    • Permit people with disabilities to identify vehicle OR

    • Permit operators to identify passengers seeking to ride on their vehicle

  • Transit authority must facilitate the communication process

  • Customers have responsibility to cooperate in the use of communication devices such as cards


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Maintenance of Lifts

  • Inoperable lifts must work before vehicle returned to service UNLESS:

    • No spare available

    • No more than 3 days in urban areas (>50,000)

  • No more than 5 days in rural areas (<50,000)

  • If headways exceed 30 minutes on routes with inoperable lift, alternative transportation must be provided:

    • Accessible supervisor vehicle

    • Paratransit

    • Another bus


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Provision of Complimentary Paratransit Service

  • Public entities providing non-commuter, fixed route service to the general public

  • Paratransit comparable to fixed route service (as defined) for people with disabilities unable to use fixed route service

  • All systems must now be in full compliance (January 1997)


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The ADA: Civil Rights for Persons with Disabilities


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