You Can Really Go Places - An Easter Seals Project ACTION Brochure YOUR RIDE IS WAITING! On July 26, 1990, the Americans with Disabilities Act (ADA) became law, paving the way to accessible public transportation for persons with a variety of disabilities. The ADA, protects the civil rights of people with disabilities and ensures them access to employment, public transportation, public accommodations and telecommunications. More than a decade after the advent of the ADA, accessible public transportation continues to offer many advantages to people with disabilities. Transit providers are working to make independent travel for passengers with disabilities convenient and readily available, and there are many resources available to help make travel easier. The more you know about using buses and trains, the more you can control your schedule and move freely about your community. With the rights guaranteed by the ADA, and a little knowledge, you really can go places! Transit Terms You Should Know This glossary of terms will help you communicate with transit providers and determine the best services to meet your needs. Remember, every community transportation system is different and all of the services listed may not be available to you. Accessibility: The extent to which places and equipment, including transit vehicles, are barrier-free and can be used by people who have disabilities, including those who use wheelchairs. Trip: A one-way travel of a person or vehicle from one point to another. Fixed-route: Transit services where vehicles run on regular, pre-determined, pre-scheduled routes, with no variation. Fixed-route services typically use large vehicles like buses, printed schedules or timetables, and designated bus stops where passengers board and get off the vehicle. Demand-Response Service: Transit service that allows individual passengers to request transportation from a specific location to another specific location at a certain time. Vehicles providing demand-response service do not follow a fixed-route, but travel throughout the community transporting passengers according to their specific requests. Also called "dial-a-ride," these services usually, but not always, require advance reservations. Deviated Fixed-Route: A mix of fixed-route and demand-response services. While a bus or van passes along fixed stops and keeps to a timetable, the bus or van can leave its course between two stops to go to a specific location on demand. Deviated fixed-route typically serves passengers with disabilities who cannot access the fixed-route stop. Paratransit: Short for “parallel transit,” these types of passenger transportation provide service that is more flexible than fixed-route, but more structured than the use of private vehicles. Paratransit most often refers to wheelchair-accessible, demand-response van service and includes the following services: · Complimentary Paratransit: Paratransit service that is required as part of the Americans with Disabilities Act (ADA) to compliment, or serve in addition to, already available fixed-route transit service. ADA Complimentary paratransit services are only required in communities that offer fixed-route service and must meet a series of standards to ensure they are indeed comparable to fixed-route services. Keep in mind that paratransit in areas without fixed-route service is not ADA complimentary, and so not paratransit regulated by the ADA. · Curb-to-Curb Service: A common class of paratransit services in which the transit vehicle picks up and lets off passengers at the curb or driveway in front of their home or destination. In curb-to-curb service the driver does not assist the passenger along walks or steps to the door of the home or other destination. · Door-to-Door Service: A form of paratransit service that includes passenger assistance between the vehicle and the door of the passenger's home or other destination. A higher level of service than curb-to-curb, yet not as specialized as "door-through-door" service (where the driver actually provides assistance into and out of the home or destination). Community Transportation: Transportation services that address the transit needs of an entire community — including the needs of both the general public and special populations — in a cost effective, flexible and efficient manner. DOT: United States Department of Transportation. FTA: Federal Transit Administration. A component of the U.S. Department of Transportation that governs and helps fund all public transportation. The FTA sponsors research and provides training and technical assistance to transit providers. RTAP: Rural Transit Assistance Program. This project of the FTA offers training materials, technical assistance and other support services for rural transit systems across the country. RTAP funds help to support the National Transit Resource Center. (Glossary definitions provided by the Community Transportation Association of America, National Transit Resource Center 800-527-8279 ) Who Does the ADA protect? The Americans with Disabilities Act defines a person with a disability as: · A person with a physical or mental impairment that substantially limits one or more major life activities (i.e. caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and work); · A person with a record of having such an impairment; or · A person regarded as having such an impairment. What are my rights under the ADA? People with disabilities are entitled to: · Use any general public bus or rail system. · Have route and service information provided to them in a format they can use, upon request. · Stand on a lift if they cannot use the steps of the bus or train. · Expect that all lifts and other accessible equipment be kept in good working order. · Board a bus or train using a common wheelchair or other mobility aid. · Ride the bus or train seated in their own mobility aids. · Travel with guide dogs or other service animals. · Travel with any necessary equipment or devices, such as respirators or portable oxygen tanks. · Ample time to get on and off a bus or rail car. · Get on and off a bus or train at any regular stop where a lift can be safely used. · Receive courteous, respectful assistance. Questions & Answers about Accessible Transportation Wheelchairs and Mobility Aids Q: What’s a “common wheelchair?” A: The ADA specifies that a common wheelchair should weigh no more than 600 pounds when occupied and be no more than 30" wide and 48" long. This definition includes power wheelchairs and threewheel scooters. Q: What if my wheelchair or mobility aid is larger than these size standards? A: If your wheelchair exceeds the ADA specifications for common wheelchairs or your mobility equipment cannot be secured on the bus or train, the transit system may provide you with comparable paratransit service. Q: Does a common wheelchair need brakes in order to use public transit? A: No. The ADA’s definition of a common wheelchair does not include a requirement for brakes or any other equipment. A driver may not deny transportation to a wheelchair user because the wheelchair does not have brakes or the user does not choose to set the brakes. Q: Can a driver require a passenger to transfer from a wheelchair to a vehicle seat? A: No. Persons who use wheelchairs can transfer to a vehicle seat, if they so choose, but the driver cannot require a passenger to do so. While the driver can suggest a transfer in a non-coercive way, the choice to transfer remains with the passenger. Wheelchair Securement Q: Can a driver require persons who use common wheelchairs to be secured in the vehicle? A: Yes, but only if the transit agency has established such a policy. If such a policy exists, the driver may decline service to a rider who refuses to allow his or her common wheelchair to be secured. Alternatively, transit operators may adopt a policy that allows people who use common wheelchairs to ride unsecured. If the rider wishes his or her wheelchair to be secured, however, the transit agency’s personnel must provide the requested service. Q: What kinds of securement equipment must be provided? A: All ADA-compliant vehicles must have a two-part securement system that fastens the common wheelchair to the vehicle and offers a seatbelt/shoulder harness for the person using the wheelchair. Vehicles over 22 feet in length must also have enough securement locations and devices to secure two common wheelchairs, while vehicles 22 feet and under must be able to accommodate at least one common wheelchair. Q: May a transit operator deny boarding to a rider whose common wheelchair is difficult to secure? A: If the transit agency has a policy that requires securement, or if a rider asks that the wheelchair be secured, the ADA requires transit personnel to use their best efforts to secure any mobility device that meets the definition of a common wheelchair. Q: Does a person who uses a wheelchair have to use the seatbelt and shoulder harness? A: A driver is not permitted to require people who use wheelchairs to use seatbelts and shoulder harnesses, unless the transit agency requires all passengers to use them. Q: Can a driver refuse to pick up a person who uses a wheelchair if all the securement locations on the vehicle are occupied? A: Transit agencies may require persons who use wheelchairs to ride in designated securement locations. If this is the case, a driver is not required to pick up wheelchair users whose wheelchairs would have to park in an aisle or other location where they could obstruct other persons’ passage or where they could not be secured or restrained. Therefore, a driver is not required to pick up a person who uses a wheelchair when the securement locations are full, just as the vehicle may pass by other passengers waiting at the stop if the bus is full. ADA Complementary Paratransit Q: What if I think I can’t use the fixed-route liftequipped bus or train system? A: Contact your local transit provider if you are unsure about the accessibility of their vehicles. Many transit providers offer travel training programs to help you learn to use the bus and train system—including the lifts. The ADA requires the transit system to provide comparable paratransit services to persons with disabilities who are unable to use the fixed-route bus or train. You must apply to your local transit department to determine your paratransit eligibility. Q: Who is eligible for ADA complementary paratransit? A: Paratransit must be available when fixed-route services are provided to the public, but:  a person with a disability cannot independently get to, board, ride or get off a fixed-route bus or train  a person’s disability-related condition and environmental barriers (such as lack of sidewalks or curb cuts or excessive snow) make it impossible to use the fixed-route bus or train  there is no accessible fixed-route bus or train available at the time and place needed by the person with a disability Q: Is it legal for my transit provider to charge a higher fare for ADA complementary paratransit service than it does for fixed-route? A: Yes. According to the ADA, the fare for a trip on ADA complementary paratransit service shall not exceed twice the fare that would be charged to an individual paying full fare for a trip of similar length, at a similar time of day, on the agency’s fixed-route system. Q: Does my personal care assistant pay a fare to accompany me on paratransit trips? A: No. Personal care assistants shall not be charged for trips on ADA complementary paratransit service. Q: My application for ADA complementary paratransit service was denied. Is there anything I can do? A: You may file an appeal within 60 days of denial, if you believe that the eligibility ruling was made in error. You can also contact your local transit provider and/or disability service agencies to receive information on travel training that will prepare you to use fixed-route service. Q: Can my paratransit eligibility change? A: Yes. If the nature or severity of your disability or the accessibility of your transit service changes, your paratransit eligibility status can change. Q: Can my transit provider require me to re-certify my paratransit eligibility? A: Yes. The ADA suggests re-certification every one to three years. Travel Training Q: What is travel training? A: Travel training prepares people with disabilities to travel safely and independently throughout the fixed route system. Specially trained transit personnel will work with you on an individual basis to teach you to the travel skills needed to follow a particular route in the safest, most direct way. Q: How can travel training help me? A: People with a disabilities who take advantage of travel training gain the freedom to choose what kind of transportation they wish to take and when, and fixed-route service often costs less than paratransit and taxis. Training also makes travel more spontaneous and flexible, because trips no longer need to be scheduled in advance, as is the case with ADA Paratransit, medivans, family, or friends. Q: Where can I learn about travel training in my community? A: Contact your local transit provider or disability service organization to learn about the travel training options available to you. Resources for You Q: What is Easter Seals Project ACTION? A: Funded through a cooperative agreement with the Federal Transit Administration, Easter Seals Project ACTION promotes cooperation between the transit industry and the disability community to increase mobility for people with disabilities under the ADA and beyond. Q: How can Easter Seals Project ACTION help me? A: We offer print resources like this brochure and our quarterly newsletter to help provide people with disabilities with the most current information about their rights and the benefits of public transportation. We can also help you develop a cooperative relationship with your local transit provider. Visit us online at www.projectaction.org or call us toll-free at 800- 659-6428 to find answers to your questions and learn more about our resources and the many materials available through our free clearinghouse. Easter Seals Project ACTION does not enforce the ADA or deal with issues of discrimination. Q: What should I do If I believe I’ve been denied a right to use public transportation or have been otherwise discriminated against by a transit provider? A: First, try to resolve the issue with the transit provider. If this doesn’t work, you may file a complaint with the Office of Civil Rights, Federal Transit Administration, U.S. Department of Transportation at 202- 366-2285 (voice), 888-446-4511 (toll-free voice) or 202-366-0831 (TTY). It's Never Been Easier to Go Places with Public Transit. Using public transportation is one of the most important civil rights guaranteed under the Americans with Disabilities Act. Now you have access to the same buses and trains used by others in your community. Accessible transportation puts you in control of your schedule, your time and your life. Try public transportation today and steer your life in an exciting new direction! For more information about your ADA rights or help with using public transportation, contact: Project ACTION 700 Thirteenth St., NW, Suite 200 Washington, DC 20005 1-800-659-6428, or (202) 347-3066 (Voice) (202) 347-7385 (TTY) Fax: (202) 737-7914 E-mail: project_action@opa.easterseals.com Web site: www.projectaction.org U.S. Department of Transportation Office of Civil Rights TCR-20 400 Seventh St., SW, Washington, DC 20590 (202) 366-2285 (Voice), or 1-(888)-446-451 1 (202) 366-0831 (TTY) For information from the Architectural and Transportation Barriers Compliance Board (Access Board), contact The Access Board 1331 F St., NW Suite 1000 Washington, DC 20004 (202) 272-5434, or 1-(800)-872-2253 (Voice) (202) 272-5449, or 1-(800)-993-2822 (TTY)