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Agenda Item # 5

BOARD MEMORANDUM

The Americans with Disabilities Act of 1990 (ADA) was enacted to provide individuals with disabilities the opportunity to participate in the mainstream of society.  The provision that pertains to transportation, 49 CFR parts 27, 37 and 38, requires transit agencies to provide complementary paratransit service for individuals who have disabilities that prevent them from using fixed route transit services.

Discussion:

The regulation states that, “The ADA is a civil rights statute, not a transportation statute.   The ADA clearly emphasizes nondiscriminatory access to fixed route service, with complementary paratransit acting as a ‘safety net’ for people who cannot use the fixed route system.   Under the ADA, complementary paratransit is not intended to be a comprehensive system of transportation for individuals with disabilities.  Another way of saying this is that the ADA does not attempt to meet all the transportation needs of individuals with disabilities.  The ADA is intended simply to provide individuals with the same mass transportation service opportunities everyone else gets, whether they be good, bad, or mediocre.” Federal Register Vol. 56, No. 173 (September 2001): 45601

The regulation is controversial because its purpose is difficult to understand.   It is unlike any other regulation that transit agencies are required to comply with.  As stated above, the regulation is about access to the fixed route system, yet transit agencies frequently find themselves responding to issues relating to paratransit service.  The cost to provide complementary paratransit service is higher than it is to provide fixed route bus service, so paratransit customers pay as much as twice as much as customers who ride the bus.  In addition, the administration of the certification process is complex and varies among transit agencies. 

VTA complies with the ADA by having bus and light rail fleets that are 100% accessible and by having facilities that are accessible or are being retrofitted for accessibility. 

Paratransit costs can be contained by implementing trip-by-trip (conditional) eligibility, where customers can only use paratransit when their disability prevents them from using fixed route service.   For example, a customer who has night blindness could use bus service during the day and paratransit at night.  Having a strict eligibility process would limit certification to individuals who have demonstrated that they have functional limitations that would prevent them from using fixed route services for some or all trips.  Agencies that have such programs in place should also have support programs that provide options to individuals who have been determined to be conditionally eligible or ineligible for paratransit.  Outreach, VTA’s paratransit broker, is responsible for the ADA certification process.  If applicants are determined to be ineligible for paratransit, they may be eligible for Outreach’s other social service/community transportation programs.   

Also, VTA is exploring the possibility of making additional support programs available to its customers such as Bus Buddy and travel training programs.  Bus Buddies are volunteers who provide one-to-one assistance to teach their peers to use fixed route services.  Travel trainers provide a higher level of instruction to individuals who require specialized training to independently use transit services.

As of January 1, 2007, VTA and Outreach partnered to reduce paratransit costs by implementing several new programs.  VTA purchased a fleet of new vehicles that includes eco-friendly Toyota Prius vehicles.  In addition, fuel purchases are now exempt from the federal excise tax, maintenance is performed by Santa Clara County and the transportation vendor no longer pays to lease office space, as they have relocated to VTA owned facilities.  Having these measures in place allows paratransit service to remain affordable to our customers without compromising the quality of service.

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