Caring for Service Animals. Found inside – Page 19FTA should within a reasonable period establish a process for and conduct a ... modification as state and taxpayer needs are better understood and as the ... Examples of such requests from riders who use mobility . These can be useful A passenger with a disability may need assistance for a return trip when he or she did not need that assistance on the initial trip. This reasonable modification rule describes how transportation entities get to that “bottom line” in individual situations where entities' normal procedures do not achieve the intended result. Alexandra Stewart, JD Center for Health Services Research and Policy The George Washington University Medical Center Part 37 also introduces the concept of Reasonable Modification In accordance with the Americans with Disabilities Act (ADA) and directives from the Federal Transit Administration, PRT will make every effort, to the maximum extent feasible, to ensure that a person with a disability has access to, and benefits from, its services. REASONABLE MODIFICATION FORM GCRPC Office Use only: Date Received: _____ Request Approved/Denied_____ Notification sent: _____ GCRPC will be guided by the Americans with Disabilities Act (ADA) FTA C 4710.1 with Individuals with disabilities may request a reasonable modification of MTA policies, practices, and procedures in order to accommodate a disability. While PCAs may travel with a passenger with a disability, transportation agencies are not required to provide a personal care attendant or personal care attendant services to meet the needs of passengers with disabilities on paratransit or fixed route trips. A passenger may request that a paratransit vehicle navigate to a pick-up point to which it is difficult to maneuver a vehicle. The paratransit operator should generally provide such assistance, unless doing so would create a direct threat, or leave the vehicle unattended or out of visual observation for a lengthy period of time. Issued this 6th day of March, 2015, at Washington, DC, under authority delegated in 49 CFR 1.27(a). Importantly, reasonable modification applies to an entities' own policies and practices, and not regulatory requirements contained in 49 CFR parts 27, 37, 38, and 39, such as complementary paratransit service going beyond 3/4 mile of the fixed route, providing same day complementary paratransit service, etc. On the other hand, if a person with a disability is near a bus stop, but cannot get to the precise location of the bus stop sign (e.g., because there is not an accessible path of travel to that precise location) or cannot readily access the bus from the precise location of the bus stop sign (e.g., because of construction, snow, or a hazard that makes getting onto the lift from the area of the bus stop sign too difficult or dangerous), then it is consistent both with the principle of reasonable modification and with common sense to pick up that passenger a modest distance from the bus stop sign. For fixed route services, a passenger's request for a driver to position the vehicle to avoid obstructions to the passenger's ability to enter or leave the vehicle at a designated stop location, such as parked cars, snow banks, and construction, should be granted so long as positioning the vehicle to avoid the obstruction does not pose a direct threat. All requests for reasonable modifications to RCT programs and services will be considered on an individual basis. The Department, when drafting 49 CFR part 37, intended that § 37.21(c) would incorporate the DOJ provisions on this subject, by saying the following: Entities to which this part applies also may be subject to ADA regulations of the Department of Justice (28 CFR parts 35 or 36, as applicable). The concept calls on entities to make individual exceptions to these general policies, where needed to provide meaningful, nondiscriminatory access to services, programs, or facilities, unless making such an exception would require a fundamental alteration of an entity's programs. Allowing a person with diabetes to eat on the bus to avoid a drop in glucose. As a matter of courtesy, such calls are encouraged as a good customer service model and can prevent “no shows.” Oftentimes, these calls can be generated through an automated system. rendition of the daily Federal Register on FederalRegister.gov does not electronic version on GPO’s govinfo.gov. First, modifications to policies, practices, and procedures, if needed by an individual with a disability to enable him or her to participate in a program or activity, are already required by other Federal law that applies to recipients of Federal financial assistance. Snow and Ice. A lock ( LockA locked padlock ) or https:// means you’ve safely connected to the .gov website. Outside of the Service Area or Operating Hours. documents in the last year, by the International Trade Administration the material on FederalRegister.gov is accurately displayed, consistent with (4) In choosing among alternatives for meeting nondiscrimination and accessibility requirements with respect to new, altered, or existing facilities, or designated or specified transportation services, public and private entities shall give priority to those methods that offer services, programs, and activities to qualified individuals with disabilities in the most integrated setting appropriate to the needs of individuals with disabilities. Federal Register. Eating and Drinking. Paratransit passengers may sometimes seek to be picked up on private property (e.g., in a gated community or parking lot, mobile home community, business or government facility where vehicle access requires authorized passage through a security barrier). Private entities that are primarily engaged in the business of transporting people and whose operations affect commerce shall not discriminate against any individual on the basis of disability in the full and equal enjoyment of specified transportation services. 7. In some cases, commenters said, while they use their discretion to make the kinds of modifications the NPRM proposed, they wanted these actions to remain discretionary, rather than being the subject of a Federal mandate. Requests for Reasonable Modification may be submitted by email to kathys@paratransit.org, written mail to 2501 Florin Road, Sacramento, CA 95822 or by phone at (916) 429-2009. With respect to federalism, State and local governments were consulted about the rule, both by means of the opportunity to comment on the NPRM and a public meeting. The real-world effect will be that the nature of an individual's disability cannot preclude a public transportation entity from providing full access to the entity's service unless some exception applies. Unattended Passengers. A passenger's request for transit personnel (e.g., the driver, station attendant) to handle the fare media when the passenger with a disability cannot pay the fare by the generally established means should be granted on fixed route or paratransit service (e.g., in a situation where a bus passenger cannot reach or insert a fare into the farebox). Through amendments to the Department's ADA regulations at 49 CFR 37.5 and 37.169, the NPRM proposed that transportation entities, including, but not limited to, public transportation entities required to provide complementary paratransit service, must make reasonable modifications to their policies and practices to avoid discrimination on the basis of disability and ensure program accessibility. The fourth, which applies only to recipients of Federal financial assistance, is where granting the request would cause an undue financial and administrative burden. MTA asks that a written request be made in advance using the Reasonable Modification Request form. If the need arises unexpectedly, then it would need to be handled on an ad hoc basis. Transit personnel are not required to reach into pockets or backpacks in order to extract the fare media. on NARA's archives.gov. A passenger's request to be picked up in a location that is difficult, but not impossible or impracticable, to access should generally be granted as long as picking up the passenger does not expose the vehicle to hazards that pose a direct threat (e.g., it is unsafe for the vehicle and its occupants to get to the pick-up point without getting stuck or running off the road). A public or private entity that unreasonably denies access to a paratransit vehicle may be subject to a complaint to the U.S. Department of Justice or U.S. Department of Housing and Urban Development for discriminating against services for persons with disabilities. The City of Black Hawk makes every effort to ensure individuals with disabilities have access to, and benefits from, our services. REQUESTS FOR REASONABLE MODIFICATIONS. We’ve made big changes to make the eCFR easier to use. 11. Reasonable accommodations can include the removal of physical barriers or modifications to how an employee does his or her job. Second, the effect of providing paratransit service in a door-to-door, or curb-to-curb, with reasonable modification, mode on per-trip costs is minimal. There was little in the way of allegations that making exceptions to usual policies would increase costs in fixed route service. Implementing a paratransit policy in the usual way may not allow a rider to get from his or her origin to his or her destination. PDF presentation. 3. In situations where arrangements for reasonable modification are made in advance, which would be a significant portion of all paratransit modification requests, per-trip costs could even be slightly lower. Where a transportation provider has a sound basis, under this section, for denying a reasonable modification request, the entity would still need to do all it could to enable the requester to receive the services and benefits it provides (e.g., a different work-around to avoid an obstacle to transportation from the one requested by the passenger). documents in the last year, by the National Highway Traffic Safety Administration Others argued that the proposed action was inconsistent with statutes or Executive Orders related to unfunded mandates and Federalism. § 5329(g) and 2 CFR §§ 200.339-.340 when a recipient does not comply with Federal law with respect to . With regard to the Department's section 504 rule at 49 CFR part 27, we are revising the regulation to specifically incorporate the preexisting reasonable accommodation requirement recognized by the U.S. Supreme Court (see, e.g., Choate and Davis). With Board approval, staff will implement, among other things, the following: Found inside – Page 459Unless otherwise specified , an executed original shall be filed with FTA . ... based on reasonable inquiry , to the best of the signer's knowledge ... Purpose. Nor has it led to noticeable increases in costs. U.S. Department of Transportation, Origin-to-Destination Service, September 1, 2005, available at http://www.fta.dot.gov/12325_3891.html (explaining that, “the Department does not view transit providers' obligations as extending to the provision of personal services. Hand-carrying a passenger is also a PCA-type service which is outside the scope of driver duties, and hence a fundamental alteration. Under this language, provisions of the DOJ regulations concerning reasonable modifications of policies and practices applicable to public entities, such as 28 CFR 35.130(b)(7), could apply to public entities regulated by DOT, while provisions of DOJ regulations on this subject applicable to private entities (e.g., 28 CFR 36.302) could apply to private entities regulated by DOT. These modifications would be granted subject, of course, to the proviso that such assistance would not cause a direct threat, or leave the vehicle unattended or out of visual observation for a lengthy period of time. These funds are used for the planning, development, operation, and integration of transit and rail into the statewide transportation system. Dedicated vehicles or special equipment in a vehicle. medically appropriate. The Department of Transportation regulations contain no analogous provision requiring reasonable modification to be made to paratransit services to avoid discrimination.” 391 F.3d at 673. Many transit industry commenters opposed the application of the concept of reasonable modification to transportation, and a few commenters argued that it was not the job of transit entities to surmount barriers existing in communities. Fixed route operators would not have to establish flag stop or route-deviation policies, as these would be fundamental alterations to a fixed route system rather than reasonable modifications of a system. 2 U.S.C. Reasonable Modification Request Form. 26. Drivers leaving a vehicle would have to turn off the vehicle's engine, resulting in no air conditioning or heating for other passengers in the time the driver was outside the vehicle. In the complementary paratransit context, the Department would expect, in many circumstances, that drivers would provide assistance outside a vehicle where needed to overcome an obstacle, but drivers would not have to provide personal services that extend beyond the doorway into a building to assist a passenger. (a)(1) A public entity providing designated public transportation, in meeting the reasonable modification requirement of § 37.5(g)(1) with respect to its fixed route, demand responsive, and complementary paratransit services, shall respond to requests for reasonable modification to policies and practices consistent with this section. However, more recent cases that addressed the issue directly held that, in the absence of a DOT regulation explicitly requiring transportation entities to make reasonable modifications, transportation entities were not obligated to make such modifications under the ADA. These include the Unfunded Mandates Reform Act (which does not apply to nondiscrimination/civil rights requirements), Executive Order 12630 (concerning property rights), Executive Order 12988 (concerning civil justice reform), and Executive Order 13045 (protection of children from environmental risks). Issue: Modification of Policies and Practices: DREDF supports adding this regulatory provision. Second, the process must provide an accessible means by which individuals with disabilities can request a reasonable modification/accommodation. 12. A paratransit passenger's request for special equipment (e.g., the installation of specific hand rails or a front seat in a vehicle for the passenger to avoid nausea or back pain) can be denied so long as the requested equipment is not required by the Americans with Disabilities Act or the Department's rules. documents in the last year, 1032 .”). Secure .gov websites use HTTPS Transportation entities necessarily formulate policies and practices to meet these requirements (e.g., providing fixed route bus service that people with disabilities can use to move among stops on the system, providing complementary paratransit service that gets eligible riders from their point of origin to their point of destination). Nor would drivers, for lengthy periods of time, have to leave their vehicles unattended or lose the ability to keep their vehicles under visual observation, or take actions that would be clearly unsafe . This book charts the development of FTA and provides the first coherent description and analysis of its practical application and impact in the worlds of business, government, education and research in both advanced and developing countries ... 9. However, the bulk of paratransit operators are not small entities, and the majority of all paratransit operators already appear to be in compliance. 17. More information and documentation can be found in our Where do I obtain a Reasonable . Exposing Vehicle to Hazards. and has determined that it is categorically excluded pursuant to DOT Order 5610.1C, Procedures for Considering Environmental Impacts (44 FR 56420, Oct. 1, 1979). See 40 CFR 1508.4. This circular provides guidance to recipients and subrecipients of Federal Transit Administration (FTA) financial assistance necessary to carry out provisions of the Americans with Disabilities Act (ADA) of 1990 , Section 504 of the Rehabilitation Act of 1973, as amended, and the . Customers with disabilities are invited to request reasonable modifications which are considered on a case-by-case basis. For example, a passenger with a disability arranges to be picked up at a medical facility and dropped off at home. Note that a request for “door-through-door” service (i.e., assisting the passenger past the door to the building) generally would not need to be granted because it could rise to the level of a fundamental alteration. First, based on statements on transportation provider Web sites and other information, one-half to two-thirds of transit authorities already provide either door-to-door service as their basic mode of service or provide what amounts to curb-to-curb service with assistance beyond the curb as necessary in order to enable the passenger to use the service. First, modifications to policies, practices, and procedures, if needed by an individual with a disability to enable him or her to participate in a program or activity, are Start Printed Page 13254already required by other Federal law that applies to recipients of Federal financial assistance. The Federal Transit Administration (FTA) rules under the Americans with Disabilities Act (ADA), as amended, and §504 of the Rehabilitation Act of 1973, as amended, require MTA/RTA to make reasonable modifications and accommodations to its policies, practices, and procedures The procedures shall meet the following requirements: (1) The process for filing a complaint, including the name, address, telephone number, and email address of the employee designated under paragraph (a) of this section, must be sufficiently advertised to the public, such as on the entity's Web site; (3) The entity must promptly communicate its response to the complaint allegations, including its reasons for the response, to the complainant and must ensure that it has documented its response. has no substantive legal effect. The costs of this rulemaking are expected to be minimal for two reasons. Request to Avoid Specific Passengers. As a result, one passenger may need to share the vehicle with people that he or she would rather not. Found inside – Page 124... or modification, suspension, and revocation of licences. ... published or otherwise made available to interested persons in a reasonable period of time; ... 1 Please see guidance issued on this topic. documents in the last year. Information about this document as published in the Federal Register. This obligation includes, with respect to the provision of transportation services, compliance with the requirements of the rules of the Department of Justice concerning eligibility criteria, making reasonable modifications, providing auxiliary aids and services, and removing barriers ( 28 CFR 36.301-36 .306). Find the Latest Information on the Coronavirus/COVID-19 at FTA's Coronavirus landing page. ADA Reasonable Modification Policy In accordance with FTA 49 CFR, Parts 27 and 37, RCT, is committed to ensuring a reliable, accessible experience for all customers. 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