AMERICANS WITH DISABILITIES ACT

SPECIALIZED SERVICES POLICY

The Americans with Disabilities Act (ADA) of 1990 is Civil Rights legislation that requires that persons with disabilities receive transportation services equal to those services available on a public transportation provider’s regular fixed route service. Island Transit is committed to ensuring implementation of the transportation-related provisions of the Americans with Disabilities Act (ADA) of 1990, Section 504 of the Rehabilitation Act of 1973, as amended, and the U.S. Department of Transportation’s implementing regulations at 49 CFR Parts 27, 37, 38, and 39.

Island Transit provides fare-free public transportation services. It is the policy of Island Transit that, when viewed in their entirety, services, programs, facilities, and communications provided by Island Transit, directly or by a contracted service provider, are readily accessible and usable to individuals with disabilities to the maximum extent possible.

(49. CFR 37.105)

SECTION 1 – HOLIDAY CLOSURES

Both the fixed route and paratransit services are closed on the same six holidays: 

New Year’s Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; and Christmas Day.

SECTION 2 - APPROVED EQUIPMENT

Riders of both fixed route and paratransit service will be transported when the lift and vehicle can safely accommodate them, unless doing so creates a legitimate safety hazard, such as when the combined weight of the mobility device and occupant exceeds that of the lift specifications.

All Island Transit vehicles accommodate mobility devices, defined as, “mobility aid belonging to any class of three-or more-wheeled devices, usable indoors, designed or modified for and used by individuals with mobility impairments, whether operated manually or powered.”

(49 CFR 37.3)

Due to health and safety concerns, it is Island Transit’s policy to recommend that equipment is in good working order, with batteries charged, tires pumped up, and all parts secure.

(49 CFR 37.3)

SECTION 3 – MOBILITY DEVICE BRAKES

Riders will be asked to apply the brakes on their mobility devices when occupying a lift or securement area, as well as to turn the power switch of power chairs or scooters to the OFF position. Island Transit cannot refuse to transport someone whose mobility device cannot be satisfactorily restrained provided the mobility device fits within the federally mandated definition. (49 CFR 37.165)

SECTION 4 - PORTABLE OXYGEN USE

Individuals with disabilities who use portable oxygen devices are allowed to travel with respirators and properly secured portable oxygen supplies. Oxygen supplies must not obstruct the aisle. [49 CFR 37.167(h)]

 
SECTION 5 - SECUREMENT POLICY

Operators will use front and rear tie-downs to secure mobility devices at the strongest parts of the device, though the rider can indicate the most optimal tie-down spot. The mobility device will be secured front facing unless otherwise requested by the rider. Operators will assist riders with securement systems, ramps, and seat belts. They cannot assist riders using power chairs or scooters with the operation of their equipment. It is Island Transit’s policy to secure a mobility device for the safety of all riders and the Operator on board. Island Transit cannot refuse to transport someone whose mobility device cannot be satisfactorily restrained provided the mobility device fits within the federally mandated definition.

(49 CFR 37.165)

SECTION 6 - STOP ANNOUNCEMENTS

On fixed route runs, Operators will announce stops at transfer points with other fixed routes, major intersections and destination points, and intervals along a route sufficient to permit individuals with visual impairments or other disabilities to be oriented to their location. Operators will announce other stops upon request. [49 CFR 37.167 (a-c)]

 SECTION 7 - PERSONAL CARE ATTENDANT (PCA)

A Personal Care Attendant (PCA) is someone who accompanies a rider who cannot ride alone. The PCA provides assistance with personal care and activities. For example, if a rider needs portable medical equipment and cannot manage this equipment without assistance, a PCA is strongly recommended. The rider should notify Island Transit at the time of scheduling a trip if a PCA will accompany them. This information will guarantee a place for them to ride with you. It is the responsibility of the rider to provide their PCA. Island Transit Operators cannot act as a PCA.

SECTION 8 - COMPANIONS

On a space available basis, Island Paratransit allows companions other than a PCA to accompany a rider on a trip. A companion is anyone who joins the rider and is not the designated PCA. The rider should notify Island Transit when scheduling a trip that they are requesting that a companion accompanies them. There is no guarantee that there will be space available for more than one companion. Island Transit is a fare-free public transportation service and there is no fare for a companion. [49 CFR 37 (d)]

 
SECTION 9 - SERVICE ANIMALS & SERVICE ANIMALS IN TRAINING

[49 CFR 37 (d)]

Island Transit permits service animals and service animals in training to accompany individuals with disabilities in vehicles and facilities. A service animal and/or service animal in training is any guide dog, signal dog, or other animal individually trained to work or perform tasks for an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.
 
Service animals and service animals in training must be leashed, tethered, or harnessed, unless these devices interfere with the service animal's or service animal in training's work or the person's disability prevents use of such devices. Island Transit may refuse to transport service animals or service animals in training that are deemed to pose a direct threat to the health or safety of drivers or other riders, create a seriously disruptive atmosphere, or are otherwise not under the rider’s control. For example, a rider with a service dog or service dog in training is responsible for ensuring the dog does not bite the driver or other riders. Conversely, a dog that barks occasionally would likely not be considered out of the owner’s control.
 
A passenger’s request that the driver take charge of a service animal or service animal in training may be denied. Caring for a service animal or service animal in training is the responsibility of the passenger or a PCA.
 
There are no limits on the number of service animals or service animals in training that accompany riders on a single trip. Different service animals or service animals in training may provide different services to a rider during trips or at the rider’s destination.
 
Island Paratransit may ask riders for notification of their intent to ride with a service animal or service animal in training in order to help ensure adequate space is available for the animal.
 
Other riders’ or agency personnel’s allergies to dogs or other animals are not grounds for denying service to a person accompanied by a service animal or service animal in training. Service animals and service animals in training must be allowed to accompany individuals on vehicles and in facilities. Encountering a service animal or service animal in training in an Island Transit vehicle or other environment is an expected part of being in public.

 SECTION 10 - BOARDING ASSISTANCE

Operators shall position the bus to make boarding and de-boarding as easy as possible for everyone by minimizing the slope of the ramp and using the kneeling option as needed. Operators shall provide assistance to passengers upon request. Passengers with disabilities shall be allowed adequate time to board and disembark the bus.

SECTION 11 - MAINTENANCE OF LIFTS AND RAMPS

It is Island Transit’s policy that Operators must test the lift or ramp during a pre-trip inspection. The breakdown of accessibility equipment must be reported immediately to dispatch. A vehicle with an inoperable lift or ramp must be removed from service as soon as possible and cannot be returned to service until repaired. If there is a lift or ramp failure on a vehicle operating on fixed route, and the headway to the next accessible vehicle on the route exceeds 30 minutes, a replacement vehicle will be dispatched promptly to provide transportation to individuals with disabilities who are unable to use the vehicle because the lift does not work. [49.CFR 37.163 (f)]

SECTION 12 - PRIORITY SEATING

It is Island Transit’s policy that riders will be requested to yield priority seating at the front of the bus to the elderly and persons with disabilities. Operators can only make the request but cannot enforce it.

 SECTION 13 - RESERVED SEATING

Mobility device securement areas on buses are reserved. Passengers using common mobility aids shall be boarded if the securement areas are not otherwise occupied by a mobility device, regardless of the number of passengers on the bus. Bus operators are required to ask passengers sitting in the securement areas to move to other available seats or to stand.

SECTION 14 – SUSPENSION OF SERVICE

A rider’s privileges may be suspended for any of the following infractions on any Island Transit property, including vehicles, bus stops, or stations:

•    Smoking or carrying a lit pipe, cigar, or cigarette (unless in a designated smoking         area).

•    Discarding or dumping litter in places other than the recognized receptacles.

•    Consuming alcoholic beverages or in procession of alcoholic beverages.

•    Loud, raucous, unruly, harmful, or harassing behavior.

•    Engaging in other conduct that is inconsistent with the intended purpose of the             transit facility, station, or vehicle.

(RCW 9.91.025)

SECTION 15 – NOTIFICATION OF POLICY

Island Transit will notify the public of the agency's Specialized Paratransit Services Policy, aka the "ADA Policy", on the website, in the Paratransit User Guide, and within each Service Guide.

SECTION 16 – PARATRANSIT

ELIGIBILITY REQUIREMENTS

A person may access Island Paratransit if they have a disability or disabling health condition that prevents them from independently using Island Transit buses some or all of the time.

(49 CFR 37.123)

Presence of a disability or a disabling health condition by itself does not automatically make a person eligible for paratransit service. The inability to ride Island Transit buses is the basis for eligibility.

Island Transit will review paratransit applications and will determine eligibility. Determination is based on the following rider eligibility qualifications:

•    If unable to board, ride, or exit a lift-equipped bus without assistance
OR
•    Need to use a lift but it cannot be deployed safely at the needed bus stop

OR
•    Have a disability that prevents travel to and from the bus stop under certain                  conditions
AND
•    Have are certified to use Island Paratransit

Upon receiving a complete application, which may include medical information, Island Transit will respond to applicants within 21 days to schedule the functional assessment. After completion of the functional assessment, if, by a date 21 days following the submission of a complete application, the agency has not made a determination of eligibility, the applicant shall be treated as eligible and provided service until and unless the entity denies the application. If the applicant is determined to be ineligible, the reasons for the finding will be provided in writing.

CATEGORIES OF ELIGIBILITY

An applicant's eligibility may be classified as conditional, unconditional, or temporary. These categories are defined and mandated by the Americans with Disabilities Act (ADA) regulation. Recertification of eligibility will occur periodically.

Category 1  -   UNCONDITIONAL:  A person with a disability who can't independently ride transit under any conditions may be classified as having Unconditional eligibility.

Category  2  -  CONDITIONAL: A person prevented by disability or combination of disability and architectural barriers from getting to the boarding area under certain conditions may be classified as having Conditional eligibility.

Category 3 - TEMPORARY:   A person prevented from using the fixed route for a certain amount of time may be classified as having Temporary eligibility.

SERVICE AREA

Island Paratransit service is provided within 3/4 of a mile of Island Transit fixed route service, except for commuter routes. [49 CFR 37.131 (a)]

ORIGIN TO DESTINATION SERVICE

Based on the functional ability of the rider at the time of application, the driver will provide one of the following types of trips. (49.CFR 37.129)

Trip Type         Description

Curb to Curb    Rider taken from curb of pick up to curb of destination

Door to Door    Rider taken from door of pick up to door of destination

TRIP SCHEDULING

Paratransit trips can be scheduled Monday – Sunday from 8:00 AM to 4:00 PM, one to fourteen days before a trip. Island Transit does not provide same day paratransit service. No trip reservations will be accepted the day of the trip. Questions about next day pick up times can be addressed after 6:00 PM the day before the trip, or the morning of the trip.

TRIP CANCELLATION

Paratransit trips must be canceled at least two hours prior to pick up time.

LATE CANCELLATIONS / NO SHOWS

Paratransit trips must be canceled at least two hours prior to pick up time, otherwise it will be considered a late cancellation. A trip that is cancelled with less than a one-hour notice is considered a No Show.

NO SHOW POLICY

Island Transit understands that because paratransit service requires trips to be scheduled in advance, riders may sometimes miss scheduled rides or forget to cancel rides they no longer need. Island Transit also understands that riders may sometimes miss scheduled trips or be unable to cancel trips in a timely way for reasons that are beyond their control. However, repeatedly missing scheduled trips or failing to cancel trips in a timely way can lead to suspension of service.

The following information explains Island Transit’s No Show policy:

DEFINITIONS

No Show

A No Show occurs when a rider fails to appear to board the vehicle for a scheduled trip. This presumes the vehicle arrives at the scheduled pickup location within the pickup window and the driver waits at least 5 minutes.

Pickup Window

The pickup window is defined as from 15 minutes before the scheduled pickup time to 15 minutes after the scheduled pickup time. Riders must be ready to board a vehicle that arrives within the pickup window. The driver will wait for a maximum of 5 minutes within the pickup window for the rider to appear.

Late Cancellation

A late cancellation is defined as either: 1) a cancellation made less than 2 hours before the scheduled pickup time or, 2) as a cancellation made at the door or a refusal to board a vehicle that has arrived within the pickup window.

No Shows due to Operator error or to circumstances beyond a rider's control

Island Transit does not count as No Shows or late cancellations any missed trips due to our error, such as:

• Trips placed on the schedule in error
• Pickups scheduled at the wrong pickup location
• Drivers arriving and departing before the pickup window begins
• Drivers arriving late (after the end of the pickup window)
• Drivers arriving within the pickup window, but departing without waiting the required 5 minutes, do not count as no-shows or late cancellations situations beyond a rider’s control that prevent the rider from notifying us that the trip cannot be taken, such as:

• Medical emergency
• Family emergency
• Sudden illness or change in condition
• Appointment that runs unexpectedly late without sufficient notice

Riders should contact Island Transit’s dispatch center when experiencing No Shows or late cancellations due to circumstances beyond their control.

Policy for handling subsequent trips following No Shows

When a rider is a No Show for one trip, all subsequent trips on that day remain on the schedule unless the rider specifically cancels the trips. To avoid multiple No Shows on the same day, riders are strongly encouraged to cancel any subsequent trips they no longer need that day.

Suspension policies for a pattern or practice of excessive No Shows and Late Cancellations

Island Transit reviews all recorded No Shows and late cancellations to ensure accuracy before recording them in a rider’s account.

Each verified No Show or late cancellation consistent with the above definitions, counts as one (1) penalty point. Riders will be subject to suspension after meeting all of the following conditions:

• Accumulate 5 penalty points in one calendar month
• Have booked at least 25 trips that month
• Have “no-showed” or “late cancelled” at least 15 percent of those trips

A rider will be subject to suspension only if both the minimum number of trips booked AND the minimum number of penalty points are reached during the calendar month. Island Transit will notify riders by telephone after they have accumulated three (3) penalty points and would be subject to suspension should they accumulate two (2) additional penalty points that month consistent with the criteria listed in this section of the policy above.

All suspension notices include a copy of this policy, information on disputing No Shows or late cancellations, and how to appeal suspensions.

Suspensions begin on a Monday that is noted in the suspension notice. The first violation in a 12-month period triggers a warning letter but no suspension. Subsequent violations result in the following suspensions:

• Second violation: 7-day suspension
• Third violation: 14-day suspension
• Fourth violation: 21-day suspension
• Fifth and subsequent violations: 28-day suspension

Policy for disputing specific No Shows or Late Cancellations

Riders wishing to dispute specific No Shows or late cancellations must do so within seven (7) business days of receiving suspension letters. Riders should contact the Specialized Services Coordinator at (360) 678-7771, Monday through Friday from 8:00 a.m. to 4:00 p.m. to explain the circumstance, and request the removal of the No Show or late cancellation.

Policy for appealing proposed suspensions

Riders wishing to appeal suspensions under this policy have the right to file an appeal request, which must be in writing by letter or via email. Riders must submit written appeal requests within sixty (60) business days of receiving suspension letters. Riders who miss the appeal request deadline will be suspended from Island Transit’s paratransit service on the date listed on the suspension notice. All suspension appeals follow Island Transit’s appeals policy.

Trip Denials

Island Transit will count all denials for service. One denial of a multi-legged trip will count as a denial for each leg of the trip.

Paratransit Hours

Island Paratransit operates the same hours as the Island Transit fixed route system Monday -Sunday. Service is based upon the same days, hours of service, and route structure as the regularly scheduled fixed route service.

Appeals Process

ADA paratransit eligibility is established as a civil right, so there is a special obligation to ensure due process is observed. Therefore, any decision to deny or limit ADA paratransit eligibility will be reviewed in the first instance by the Island Transit Operations Manager.

If the decision to deny or limit paratransit service is confirmed, the notice of denial sent to the applicant will include specific reasons for the denial or limitations and the procedures that should be utilized to appeal the decision. All notices sent to the applicant will be in a format that can be utilized by the applicant.

The period permitted for an appeal will be sixty (60) days after the notification of denial of a request for certification. No service need be provided while the appeal is heard. Regarding conditional eligibility, all eligible trips will be provided while on appeal. Once an appeal is submitted, a decision on an appeal will be made within thirty (30) days. However, presumptive eligibility will be granted if a decision is not made within the thirty (30) day timeline.

An individual has the right to be heard in person and to have necessary support, such as a language or sign interpreter.

An individual the right to appeal in person before an Island Transit representative other than the person who made the initial determination.

An individual has the right to appeal without being in person, utilizing the Eligibility Determination Appeal Request form. The form is on our website www.islandtransit.org,

or can be requested by contacting Island Transit at (360) 678-7771, emailing info@islandtransit.org, or mailing the Administration office at 19758 SR 20, Coupeville, WA 98239.

The Operations Manager will make a formal presentation to the Executive Director of Island Transit with their recommendation concerning the appeal. The Executive Director of Island Transit will then make a final decision as to eligibility.  Individuals will be notified by certified letter of the appeal decision.

There are certain circumstances under which an individual, otherwise eligible for ADA Paratransit, may be suspended from or denied those services.  A person whose behavior threatens or has threatened the safety of paratransit personnel or riders may be suspended from or denied service. This may be appealed through the appeals procedure.

A copy of the Appeals Process is available on our website, by contacting Island Transit at (360) 678-7771, emailing info@islandtransit.org, or mailing the Administration office at 19758 SR 20, Coupeville, WA 98239.

 SECTION 17 - BARRIER-FREE ACCESS

No barriers or obstacles can be present when Island Paratransit vehicles approach a rider’s residence or destination for pick up or drop off. There must be sufficient room to maneuver without damaging the Island Paratransit vehicle or private property. Island Transit staff will determine if the approach is accessible for buses by visiting the rider’s point of access to determine if there are difficulties for the vehicles. If a problem is determined, it is the responsibility of the rider to get to a designated pick up and/or drop off spot to meet the Island Paratransit vehicle.

SECTION 18 - VISITOR CERTIFICATION

[49 CFR 37.127 (D)]

A visitor is an individual with disabilities who does not reside in Island Transit’s service jurisdiction. For those individuals, Island Paratransit shall certify an individual with a disability upon receiving documentation that they are ADA paratransit eligible in the jurisdiction where they reside. If the individual does not have documentation from another transit agency, whether because there is no public transit where they reside or they have not applied in their home area, Island Paratransit may request proof of residence or documentation of disability before providing paratransit eligibility status.

Visitors are eligible for twenty-one (21) days of service in a 365-day period, beginning on the first day Island Transit’s paratransit service is used. For additional days of service, an individual is expected to register under the Island Transit eligibility procedures.

 SECTION 19 - CUSTOMER COMPLAINT POLICY

Island Transit’s Customer Complaint Policy was adopted to incorporate due process standards and provide for the prompt and equitable resolution of complaints alleging any action prohibited by 49 CFR Sections 27, 37, 38, and 39. Island Transit will promptly communicate in writing its response to complaint allegations, including its reasons for the response, to the complainant and will ensure that it has documented its response.

(49 CFR 37.17)

Island Transit maintains a tracking system for all complaints which provides a unique identification of each complaint and allows ready access to information on the status of the complaint. The process, which consists of data entry, assignment, tracking, follow-up, response, and reporting, is managed by designated Operations department staff.

Island Transit is committed to providing safe, reliable, and accessible transportation options for the community. Island Transit has established a Customer Complaint Policy and customers wanting to file a complaint and/or obtain a copy of the Customer Complaint Policy may contact Island Transit at (360) 678-7771, or in person at Island Transit’s administration office located at 19758 SR 20, Coupeville, WA 98239, by emailing info@islandtransit.org, or on the website. (RCW 46.07b)

 SECTION 20 - REASONABLE MODIFICATION

[49.CFR 37.169(C)(1) -(3)]

Operators will make reasonable modification of Island Transit policies, procedures, and practices upon request to ensure that services are accessible to riders with disabilities on fixed routes as well as paratransit.

Operators will assist riders upon request, unless the request results in one of the following:

• A fundamental alteration of service
• A direct threat to the health or safety of others
• It is not needed by the requestor to use the service
• Creates an undue financial /administrative burden on the agency
  

 
SECTION 21 - DIRECT THREAT

If a person is violent, seriously disruptive, or engaging in illegal conduct Island Transit may, consistent with established procedures for all riders, refuse to carry the passenger. A person who poses a significant risk to others may be excluded [from service] if reasonable modifications to the public accommodation’s policies, practices, or procedures will not eliminate that risk. (49 CFR 37.5 App. D/ 29 CFR 36.208)

Behaviors that may cause immediate exclusion from the system include:

• Destruction of public property (the vehicle, and/or its furnishings)
• Doing violence to others or to oneself
• Behavior that is seriously unruly, seriously disruptive, threatening, or frightening to others
• Behavior that interferes with the safe operation of the vehicle
• Violations of service animal policy by failing to control one’s service animal or service animal in training
  
• Violations of operating rules governing the provision of transportation system-wide
• Engaging in illegal conduct
• Other conduct judged by Island Transit to represent an actual or potential threat to the health safety or well-being of oneself, the operator, other passengers, and/or transit personnel.

Passengers who excluded from the system due to a direct threat have the ability to request an administrative appeal by contacting Island Transit at (360) 678-7771.