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Bus Mobility Device Securement Policy
The Committee reviewed and commented on the Bus Mobility Device Securement Policy.
Mr. Tucker provided a brief overview on the Bus Mobility Device Securement Policy. Mr. Tucker noted that the proposed changes are focused primarily on the safety of VTA’s customers and employees. Mr. Tucker continued that under Americans with Disabilities Act (ADA) regulations related to fixed route transportation, VTA has the capability of establishing a requirement that all devices should be secured. Mr. Tucker added that the rationale is for the protection of an individual in a scooter or wheelchair, noting that transportation involves stops and sudden movements that could result in an accident.
Mr. Tucker continued that the current policy states that VTA does not require customers to be secured and will continue to allow customers to secure themselves if they desire to do so; however, coach operators will be required to check to make sure that the customer is secured. In the event that a customer refuses to be secured, if the mobility device can be secured, that person would not be afforded transportation on that bus. Mr. Tucker added under ADA guidelines if the mobility device fits ADA guidelines; however, should the equipment on the vehicle is unable to secure the customer the organization is still required to provide that customer with transportation service. Mr. Tucker continued that the intent is to make sure that customers in mobility devices are secured and protected as well as to protect other customers and the operator. This is a new policy staff is proposing and it reflects the values of VTA as transportation provider to ensure the safety of customers. If a customer in a mobility device declines to have their mobility device secured or if the mobility device cannot be secured with VTA equipment then the operator will be required to contact Operations Control Center (OCC) for further direction. Mr. Tucker continued that if the situation merits or if the customer requests assistance, then a field supervisor with a lift equipped vehicle or OUTREACH will be contacted regarding the situation and transport the customer to a safe location. The new policy position is designed to enforce safety on VTA bus system for all customers and added that this is new territory since VTA does not have a policy to date that requires the organization to secure mobility devices.
Vice Chairperson Stahl queried on the equipment that will be used to secure the devices. Mr. Tucker responded that all the buses come with devices that are compliant with ADA guidelines to secure the mobility devices the issue is a marketing issue since mobility devices are designed to meet the individuals needs. Therefore, it is difficult for bus manufactures to design a device that will address every mobility device. Mr. Tucker noted if equipment on the vehicle is unable to secure the customer the organization is still required to provide the customer with transportation service.
Member Grant queried about policies of other transit agencies and how they are addressing the issue. Member Grant added that VTA buses are designed for the traditional style larger wheel wheelchair; however, noted that smaller wheel wheelchairs are common these days. Member Grant expressed his concern regarding operators not providing assistance to customers and added that most drivers do not get up from their seats. Mr. Tucker responded that the new policy would include a provision that operators follow through by getting out of their seat to check the securement of the mobility device.
Member Grant queried if the securement would be considered a restraint since regular passengers do not wear seatbelts or safety belts. Member Grant noted in the event of an emergency or accident the restraints would add to the time an individual would need to be removed from the bus. Mr. Tucker responded that in the event of an accident being secured would be your safest option. Mr. Tucker noted that typically school buses and fixed route transit do not have safety belts and that the intent of the policy is the safety of all customers on the bus.
Member Morrow expressed concern and noted that the policy will be impossible to enforce since the drivers do not comply with other policies, such as the calling out of the stops. Mr. Tucker responded that staff would like CTA to help implement the policy and assist with the outreach to educate the public regarding the safety issues of the policy.
Member Morrow queried about who would conduct the training and would it be conducted by OUTREACH or an outside agency to certify the training of the operators. Mr. Tucker responded that all VTA operators are trained and noted the importance of education, awareness, cooperation, and a mechanism established to ensure compliance of the policy. Mr. Tucker added that this policy needs to be a living policy and along the way revisions to the policy may need to be made based upon what is learned. Mr. Tucker noted that outreach, education, and training will have to continue in order to make the policy work.
Member Slack queried if a customer gets on the bus and either refuses to get secured or cannot be secured does the driver refuse service and call a supervisor to come and transport the customer. Mr. Tucker responded that under the ADA guidelines if a person requests securement; however, the equipment on the vehicle does not allow the mobility device to be secured then the organization still has to provide the customer with transportation. Mr. Tucker added that the customer receives a completed trip at a reasonable timeframe and noted that field supervisors with lift equipped vehicles as well as working with OUTREACH to determine who can respond the quickest to transport the customer.
Mr. Tucker noted that 71 persons per year decline to be secured when drivers offer; however, staff is not aware if the decline is because the customer could not be secured or refused to be secured.
Member Grant queried about the number of declines and was it per day or year.
Ms. Pampy responded that the number is 71 persons per day.
Member Eljas applauded VTA regarding the mobility device securement policy to offer safety protection and noted that importance of education regarding this policy.
Mr. Tucker noted that at this time VTA does not have a requirement regarding securement of mobility devices; however, the intent is to move and transition to a process to secure customers in a way that respects the customer as well as educates the customer to understand the safety issue of the policy.
Chairperson Julian expressed his concern regarding the securement design and noted that some individuals will not be able to access the attachment to secure or free themselves. Chairperson Julian suggested training drivers with volunteers from CTA or individuals in wheelchairs to experiment and work out the rough edges. Chairperson Julian offered to volunteer and participate in a training. Mr. Tucker responded that staff wants feedback from the Committee and added that safety is the number one priority.
Ms. Applegate expressed her appreciation to VTA regarding the safety issue.
Ms. Applegate added that the California Federation of Independent Living Center statewide council has grappled with both the pros and cons regarding the safety issues related to securement of mobility devices. Ms. Applegate noted that the securement of mobility devices is a huge area that is not addressed by the law.
Ms. Applegate expressed her concern regarding drivers passing up customers in order to arrive at the next stop on time and added that the issue needs to be addressed. Ms. Applegate expressed her appreciation regarding the efforts to address the issue and noted the importance to have input from CTA, union organizations, and social services agencies.
Member Rhodes queried on how the policy will be communicated to the end user.
Mr. Tucker responded that the goal is to work collectively in the process to obtain broad input and collaboratively outline a schedule for implementation. Mr. Tucker noted the importance regarding discussion of the steps to conduct outreach and educate customers regarding the policy.
Member Slack queried about the comments made by Ms. Applegate regarding cases where drivers do not pick up disabled customers in order to arrive at the next stop on time. Member Slack asked if the incidents were documented and could be verified. Chairperson Julian responded that he had experienced such incidents in the past; however, added that this has not been the case in the last few years.
Member Slack expressed his concern regarding drivers not picking up customers and noted the importance of training to address the issue.
Vice Chairperson Stahl expressed her concern regarding the issue of drivers not picking up customers and noted the importance to document the incidents. Mr. Tucker responded that detail information regarding incidents is important and added that staff does take the incidents and complaints seriously then works to address the issues.
Mr. Tucker added that staff continues to re-enforce to drivers the importance of providing customer service and noted a significant improvement in operator compliance.
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