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Agenda Item # 12

BOARD MEMORANDUM

FOR INFORMATION ONLY

At previous Committee for Transit Accessibility meetings, the Chair has requested that staff provide current information about origin-to-destination Americans with Disabilities Act paratransit service.   This memorandum is written to respond to this request for information.

DISCUSSION:

The 1991 ADA paratransit regulations at 49 CFR sec. 37.129 specify the types of services that can be provided to meet the public transportation needs of those unable to independently access or use bus or light rail.  These service options include:

1. complementary paratransit;
2. on-call bus service to an accessible fixed route; or
3. paratransit feeder service to an accessible fixed route,

49 CFR sec. 37.129(a) specifies that complementary paratransit service for ADA paratransit eligible persons shall be origin-to-destination service.  The 1991 49 CFR Part 37 ADA paratransit regulations do not specifically address either the door-to-door or curb-to-curb nature of origin-to-destination service.  Rather, the appendix to 49 CFR sec. 37.129(a) states that:

   “The local planning process should decide whether, or in what circumstances, this service is to be provided as door-to-door or curb-to-curb.” 

No new rule making on this topic has occurred since the issuance of the 49 CFR Part 37 regulations.

The Department of Transportation issued guidance on 49 CFR sec. 37.129(a) in September 2005.   This guidance on the existing regulation can be found at: 

http://www.fta.dot.gov/civilrights/ada/civil_rights_3891.html

The September 2005 origin-to-destination guidance repeated the regulation’s appendix text by stating that it is the role of local planning processes to determine the definition of origin-to-destination.    The guidance also stated that a flexible response to the provision of door-to-door service at some locations for some passengers may be appropriate:

“It is reasonable to think that service for some individuals or locations might be better if it is door-to-door, while curb-to-curb might be better in other instances.   This is exactly the sort of detailed operational decision best left to the development of paratransit plans at the local level.” and, “In the local paratransit planning process, it would be consistent with this provision for a transit provider to establish either door-to-door or curb-to-curb service as the basic mode of paratransit service.  Where the local planning process establishes curb-to-curb service as the basic paratransit service mode, however, provision should still be made to ensure that the service available to each passenger actually gets the passenger from his or her point of origin to his or her destination point.  To meet this origin to destination requirement, service may need to be provided to some individuals, or at some locations, in a way that goes beyond curb-to-curb service.”

In February 2006, the Department of Transportation issued a Notice of Proposed Rule Making to provide a nationwide clarification that its grantees have an obligation to provide reasonable modifications to avoid discrimination and provide program accessibility to services.  The reasonable modification clarification within the NPRM was proposed to add language to a number of ADA and Section 504 regulations, including grantee provision of origin-to-destination service.

Comments on the NPRM were accepted up to July 29, 2006.  The CTA submitted comments addressing the Department’s origin-to-destination reasonable modification proposal.  The CTA’s comments requested clarification regarding the meaning of origin-to-destination and the level of service that would be required by the final regulation.  Currently, no action has been taken to finalize the proposed regulatory text within the Department of Transportation’s February 2006 NPRM.  Action is not immediately pending.

VTA’s ADA  paratransit service is provided as door-to-door service.  VTA does not have any plans to charge a premium fare for door-to-door ADA paratransit. 

The Outreach ADA Paratransit Riders’ Guide provides the telephone numbers of neighboring paratransit providers to allow customers to arrange transfer trips.  Customers are responsible for acquiring information about the door-to-door or curb-to-curb nature of the other paratransit services to facilitate their transfers from one system to another.

VTA’s neighboring paratransit service providers are SamTrans’ Redi-Wheels and AC Transit/BART’s East Bay Paratransit Consortium (EBPC). 

• Redi-Wheels’ drivers provide assistance to and from a door if it is within 25 feet of the vehicle and the vehicle’s passenger door is in full view of the driver. 
• EBPC’s paratransit service is primarily curb-to-curb.   However, if customers state a need for door-to-door service because of their disabilities (is, vision loss or scoliosis, etc.) then door-to-door service is provided.  This need is recorded in the comments section of customers’ database records and is printed on driver manifests.   Customers are not asked to provide medical verification of conditions that may require door-to-door assistance.

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