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Agenda Item # 9

BOARD MEMORANDUM

RECOMMENDATION:

Recommend a proposed policy to require all mobility device users, such as wheelchair and scooter users, to ride with their devices secured on VTA buses.  This policy, if adopted, will have an effective date of January 1, 2007.

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.  Additionally, many scooter manufacturers explicitly advise that it is not safe to remain seated on a scooter while in a moving vehicle and provide a warning that doing so may result in personal injury and or property damage. 

Federal regulations implementing the Americans with Disabilities Act (ADA) are found at Title 49, Code of Federal Regulations Part 37.   These regulations  (49 CFR 37.165 (c) (3)) allow transit operators to   require that passengers permit their mobility devices (such as wheelchairs and scooters) to be secured.  Subsection (d) of 49 CFR sec. 37.165 nevertheless does not permit transit operators to “deny transportation to a [mobility device] or its user on the ground that the device cannot be secured or restrained satisfactorily by the vehicle’s securement system. 

The current VTA mobility device securement policy for buses requires bus operators to offer assistance to passengers to secure their wheelchairs or scooters but does not require passengers to secure their devices.   The current policy does not permit bus operators to deny service to passengers who decline the use of securement devices.  

In January 2005, VTA and the Committee for Transit Accessibility (CTA) established the Bus Mobility Device Securement Policy Task Force (Task Force) to review current policy and recommend changes, where appropriate.  The Task Force includes two CTA committee members, representatives from OUTREACH, and other VTA representatives including a bus operator.  After six months of meetings and discussions, the Task Force reached consensus on a policy recommendation that requires mandatory securement for mobility device users on VTA buses.  The CTA, at its August 10, 2005 meeting, voted to recommend adoption of this policy with the following conditions.

• Implement a public awareness campaign to encourage customers to use VTA’s existing mobility device securement equipment. 
• Retrofit all VTA coaches with a standardized mobility device “S” hook type securement system including self-tensioning ratchets, local and remote tension release levers, and optional loop tethers. 
• Train to proficiency all operators, field supervisors, and Operations Control Center staff to use the new equipment. 
• Require the Task Force to remain active for a minimum of one year to monitor the implementation of the policy change and provide recommendations for additional changes, if needed. 

With the CTA’s action and Board of Directors approval to purchase securement equipment, staff has initiated a public awareness campaign that is on-going, installed standardized securement systems on the entire bus fleet, and is actively training all support staff. 

The Transit Planning and Operations Committee, at its December 19, 2005 meeting, considered the recommendations of staff and the CTA to adopt a policy to require mandatory securement of mobility devices on all VTA buses.  During the Public Presentations portion of the meeting, the Committee also received a request from a citizen to defer implementation of the policy to consider a prototype restraint system that the citizen had designed and forwarded to VTA staff.  The citizen also requested that customers who decline being secured be allowed to ride VTA buses without restraints after signing a legal waiver.  After staff and public presentations, the Committee requested that staff address implementation issues and respond to the specific comments made during the Public Presentations portion of the meeting at the January 2006 Board of Directors meeting.  The item was deferred to allow staff additional time to address the implementation issues and provide the CTA opportunity to provide input.

DISCUSSION:

Many transit operators in the United States require mobility device users to ride with their devices secured.   With that said, there are varying policy expectations with regard to the steps that follow once a customer declines securement.  Some transit operators, particularly in the provision of ADA paratransit service, will not provide transportation to customers refusing securement while some transit operators will allow the customer to ride unsecured while having a policy in place that requires securement.  Without respect to policy, transit operators find themselves in a precarious position when attempting to enforce mandatory securement policies once a person is on-board, since refusing to abide by system policies other than those covered by laws are not enforceable infractions. 

The proposed policy requiring mobility device users to ride with their devices secured requires a number of significant operational changes and most certainly draws criticism from some customers who for a variety of reasons currently decline the securement of their mobility device. 

Given the operational considerations, direction from the Transit Planning and Operations Committee, and staff’s desire to ensure a successful implementation of this policy that will garner acceptance by the community, staff is proposing an implementation plan with the following key elements.

At the end of August 2005, staff began a public awareness campaign to encourage mobility device users to ride with their devices secured.   This campaign included placement of car cards in each coach and distribution of an informational brochure to mobility device users.  During this phase, operators received several memos on the role of the Task Force, the proposed securement policy change, and the installation of the new equipment.  This campaign successfully raised operator and public awareness of the proposed policy change. 

If the proposed policy is adopted, the Task Force will initiate a second public awareness campaign with updated car cards, brochures, and other notices.   This campaign will include a summary of the policy, how devices are secured, and the effective date of the policy. 

Additionally, staff will implement a program that will allow mobility device users to schedule an appointment with Technical Training Staff to identify the areas of their device that can be safely secured.  The Technical Trainer will identify the most appropriate areas for securement and mark those areas with tape.  This action should reduce the potential of damage to equipment and speed the securement of mobility device users.

As directed by the CTA, VTA initiated an Operator and support staff training process aimed to familiarize staff with the new securement equipment.  Starting in September 2005, the Training department incorporated hands-on securement training in mandatory annual Verification of Transit Training (VTT) classes and in new operator training classes.  The training department currently has three mobility devices for training purposes:  a manual wheelchair, a power chair, and a three-wheel scooter.  While there are innumerable types and styles of devices, these three are representative of the devices operators typically encounter in the field.

On December 5, 2005, the training department assigned staff to train operators at each division.  Trainers and line instructors demonstrated the use of the new “S” hook securement equipment and provided hands on training to operators and support staff.   VTA will provide more detailed securement and ADA awareness and sensitivity training as part of the 2006 VTT curriculum.

Initially, mobility devices users and bus operators expressed concern that securing all mobility devices will add additional travel time and may damage some devices.  While acknowledging that securement will add travel time, mobility device users and bus operators agree that utilizing the new securement equipment will minimize the additional time it will take operators to secure all mobility devices.  Staff reported during field tests that using the “S” hook system along with optional nylon loop tethers minimizes the risk of damage to mobility devices.

A key concern expressed by our operators is what to do if a passenger refuses to have his or her mobility device secured.  Should the Board of Directors approve the recommended changes to the securement policy, operators will be instructed to advise the customer that VTA has adopted a new, mandatory securement policy and contact the Operations Control Center (OCC) for direction before proceeding.  OCC will assist in making determinations relative to refusals for securement as they do for other policy issues, such as fare disputes.  OCC will act to meet the transportation needs of the mobility device user and minimize service delays.  This may include the following options:

• Passengers may be allowed to ride unsecured if the operator, in consultation with OCC, deems it to be the most appropriate course of action.
• Passengers may be asked to disembark if the operator, in consultation with OCC, deems it to be the most appropriate course of action.

There may be limited circumstances that will require additional support either through Outreach or Transit Patrol.  Operations procedures are currently in place should support be needed.

ALTERNATIVES:

The Board of Directors could ask staff to continue with the current voluntary securement policy or modify the proposed policy recommendations. 

FISCAL IMPACT:

There is no fiscal impact of approving the recommended securement policy. 

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