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RECOMMENDATION:

The Bus Mobility Device Securement Policy Task Force recommends that the VTA adopt a new securement policy that requires mobility device users to ride with their devices secured on VTA buses.  This policy will allow bus operators to deny service to customers who refuse to allow their devices to be secured.  In compliance with the ADA (49 CFR 37.165 (d)), VTA will not deny service to passengers whose device fits the ADA description of a “common wheelchair” (48 inches long by 30 inches wide as measured at a distance two inches above the floor).

The Mobility Device Task Force recommends that the policy allow operators to request passengers using three-wheeled devices (scooters) to transfer from the device to a seat in the bus whenever possible.  Many scooter manufacturers include the following in their Operating Manuals:

“Warning! Do not sit on your scooter while it is in a moving vehicle.   Personal injury and/or property damage may result.” 

This policy will apply only to the securement of mobility devices.  It will not require passengers to ride with VTA provided lap or shoulder belts, although they will continue to be available to those passengers who wish to use them.

BACKGROUND:

The safety of our customers and employees is our first responsibility as a transit provider.  Bus transportation, like all automotive and truck transportation, involves frequent changes of speed, merging, lane changes, some sharp turns, and unexpected stops.  These characteristics create potential risk of injury for passengers traveling in unsecured mobility devices that are more likely to tip over, potentially causing injury to themselves or to other passengers.

Over the last year, a number of incidents have occurred that have led staff to conduct a review of our current policy with a goal of further improving safety, reducing the risk of potential injury to our customers, and reducing VTA’s exposure to liability.   In January 2005, VTA and the Committee for Transit Accessibility (CTA) established the Bus Mobility Device Securement Policy Task Force to conduct this review and develop recommendations.  The Task Force includes two CTA committee members, representatives from OUTREACH, VTA’s paratransit service provider, one bus operator, and other VTA representatives (See Attachment). 

The current VTA mobility device securement policy for buses requires bus operators to offer assistance to passengers to secure their wheelchairs or scooters.  However, the current policy does not require passengers to secure their devices and states that bus operators shall not refuse service to a passenger with a mobility device that declines the use of securement devices.  The task force proposes a new policy that will require mobility device users to ride VTA buses with their devices secured.

DISCUSSION:

The Americans with Disabilities Act (ADA) (49 CFR 37.165 (3)) allows transit operators to establish a policy that requires mobility devices, such as wheelchairs and scooters, to be secured when passengers travel on a bus while seated in their mobility device.  Transit operators may also deny service to a passenger who refuses to allow his or her mobility device to be secured.  The ADA (49 CFR 37.165 (d)) does not permit transit operators to refuse service to passengers whose mobility devices comply with the ADA specifications for a “common wheelchair” (including three-wheeled scooters) but cannot be secured due to incompatibility with the securement system.

Most transit operators in the United States require mobility device users to ride with their devices secured.   A local review of the bus mobility device securement policies of AC Transit, SamTrans, and Sacramento Regional Transit District, shows that these local peer operators already require that their passengers ride with their mobility devices secured. 

The proposed policy requiring mobility device users to ride with their devices secured requires a number of significant operational changes.  Due to the voluntary nature of our current securement policy, most mobility device users decline to ride with their devices secured, preferring to board the bus and allow the operator to immediately proceed.  While it is quicker to proceed without securing mobility devices on our coaches, the risk of potential injury increases when devices are not secured.  Approximately 70 passengers per day decline to ride with their devices secured.

The Mobility Device Task Force recommends the immediate implementation of a public awareness campaign that encourages more of our customers to use VTA’s existing mobility device securement equipment.   Staff will promote and encourage the use of mobility device securement equipment via brochures, on-board bus placards, and signage in the securement area. 

As part of the review process, the Task Force evaluated ways to improve securement efficiency.   Currently, all coaches are equipped with one of four different securement systems and all bus operators are trained to use each system.  Much of the equipment is outdated and/or difficult to use.  The Task Force recommends standardizing VTA’s securement equipment with an S-Hook type securement system currently installed in VTA’s articulated coaches.  This will require VTA to retrofit most of its coaches with new securement equipment.  The preliminary retrofit project cost estimate is $400,000.

The S-Hook system provides the most efficient means of securing devices particularly when used in conjunction with 15-inch loop tethers.  Using loop tethers with most types of securement equipment reduces that time it takes to fully secure a mobility device.  The Task force proposes to distribute 15” loop tethers free of charge to our mobility device users as part of the public awareness campaign.   Samples of the public awareness campaign brochure, bus placards, and current and proposed securement equipment, including tethers, will be presented during the committee meeting.

Mobility devices users and bus operators expressed concern that securing all mobility devices will add additional travel time.  While acknowledging that securement will add travel time, mobility device users and bus operators agree that the proposed system will minimize the additional time it will take operators to secure mobility devices.

The Task Force adopted an extensive process to obtain Board of Directors’ approval to change the securement policy from optional to mandatory.   In addition to the mobility device users and bus operators mentioned above, the Task Force solicited input from the CTA, the Transit Planning and Operations (TP&O) committee, and the VTA/ATU Joint Safety Committee.   Pending approval of this policy change by the CTA, the Task Force will solicit additional public comments prior to seeking Board of Directors’ approval.

If approved, VTA will determine a policy effective date and will begin to communicate the new policy with our customers.  The effective date of the proposed policy will correspond with the completion of the equipment retrofit project described above.  During this phase, staff will initiate a second public awareness campaign that describes the new policy and informs staff, mobility device users, and all other VTA customers that, as of the effective date of the policy, mobility device users must ride with their devices secured.

ALTERNATIVES:

The Board of directors could direct VTA to continue to implement its current voluntary securement policy.   Adopting this position will continue to expose passengers to an increased risk of injury or potential property damage when riding without their devices secured. 

FISCAL IMPACT:

There is no fiscal impact of approving this revised securement policy.  Sufficient funds for the procurement of standardized securement equipment and for collateral materials produced to implement this policy were included in the development of the FY2006 and FY2007 operating budget.