Disability Law Index - Transportation: Paratransit Services

Statute:

42 U.S.C. § 12143 - Paratransit as a complement to fixed route service

(a) General rule - It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a public entity which operates a fixed route system (other than a system which provides solely commuter bus service) to fail to provide with respect to the operations of its fixed route system, in accordance with this section, paratransit and other special transportation services to individuals with disabilities, including individuals who use wheelchairs, that are sufficient to provide to such individuals a level of service

(1) which is comparable to the level of designated public transportation services provided to individuals without disabilities using such system; or

(2) in the case of response time, which is comparable, to the extent practicable, to the level of designated public transportation services provided to individuals without disabilities using such system.

(b) Issuance of regulations - Not later than 1 year after July 26, 1990, the Secretary shall issue final regulations to carry out this section.

(c) Required contents of regulations

(1) Eligible recipients of service The regulations issued under this section shall require each public entity which operates a fixed route system to provide the paratransit and other special transportation services required under this section -

(A)

(i) to any individual with a disability who is unable, as a result of a physical or mental impairment (including a vision impairment) and without the assistance of another individual (except an operator of a wheelchair lift or other boarding assistance device), to board, ride, or disembark from any vehicle on the system which is readily accessible to and usable by individuals with disabilities;

(ii) to any individual with a disability who needs the assistance of a wheelchair lift or other boarding assistance device (and is able with such assistance) to board, ride, and disembark from any vehicle which is readily accessible to and usable by individuals with disabilities if the individual wants to travel on a route on the system during the hours of operation of the system at a time (or within a reasonable period of such time) when such a vehicle is not being used to provide designated public transportation on the route; and

(iii) to any individual with a disability who has a specific impairment-related condition which prevents such individual from traveling to a boarding location or from a disembarking location on such system;

(B) to one other individual accompanying the individual with the disability; and

(C) to other individuals, in addition to the one individual described in subparagraph (B), accompanying the individual with a disability provided that space for these additional individuals is available on the paratransit vehicle carrying the individual with a disability and that the transportation of such additional individuals will not result in a denial of service to individuals with disabilities. For purposes of clauses (i) and (ii) of subparagraph (A), boarding or disembarking from a vehicle does not include travel to the boarding location or from the disembarking location.

(2) Service area - The regulations issued under this section shall require the provision of paratransit and special transportation services required under this section in the service area of each public entity which operates a fixed route system, other than any portion of the service area in which the public entity solely provides commuter bus service.

(3) Service criteria - Subject to paragraphs (1) and (2), the regulations issued under this section shall establish minimum service criteria for determining the level of services to be required under this section.

(4) Undue financial burden limitation - The regulations issued under this section shall provide that, if the public entity is able to demonstrate to the satisfaction of the Secretary that the provision of paratransit and other special transportation services otherwise required under this section would impose an undue financial burden on the public entity, the public entity, notwithstanding any other provision of this section (other than paragraph (5)), shall only be required to provide such services to the extent that providing such services would not impose such a burden.

(5) Additional services - The regulations issued under this section shall establish circumstances under which the Secretary may require a public entity to provide, notwithstanding paragraph (4), paratransit and other special transportation services under this section beyond the level of paratransit and other special transportation services which would otherwise be required under paragraph (4).

(6) Public participation - The regulations issued under this section shall require that each public entity which operates a fixed route system hold a public hearing, provide an opportunity for public comment, and consult with individuals with disabilities in preparing its plan under paragraph (7).

(7) Plans - The regulations issued under this section shall require that each public entity which operates a fixed route system -

(A) within 18 months after July 26, 1990, submit to the Secretary, and commence implementation of, a plan for providing paratransit and other special transportation services which meets the requirements of this section; and

(B) on an annual basis thereafter, submit to the Secretary, and commence implementation of, a plan for providing such services.

(8) Provision of services by others - The regulations issued under this section shall -

(A) require that a public entity submitting a plan to the Secretary under this section identify in the plan any person or other public entity which is providing a paratransit or other special transportation service for individuals with disabilities in the service area to which the plan applies; and

(B) provide that the public entity submitting the plan does not have to provide under the plan such service for individuals with disabilities.

(9) Other provisions - The regulations issued under this section shall include such other provisions and requirements as the Secretary determines are necessary to carry out the objectives of this section.

(d) Review of plan

(1) General rule - The Secretary shall review a plan submitted under this section for the purpose of determining whether or not such plan meets the requirements of this section, including the regulations issued under this section.

(2) Disapproval - If the Secretary determines that a plan reviewed under this subsection fails to meet the requirements of this section, the Secretary shall disapprove the plan and notify the public entity which submitted the plan of such disapproval and the reasons therefor.

(3) Modification of disapproved plan - Not later than 90 days after the date of disapproval of a plan under this subsection, the public entity which submitted the plan shall modify the plan to meet the requirements of this section and shall submit to the Secretary, and commence implementation of, such modified plan.

(e) ''Discrimination'' defined - As used in subsection (a) of this section, the term ''discrimination'' includes -

(1) a failure of a public entity to which the regulations issued under this section apply to submit, or commence implementation of, a plan in accordance with subsections (c)(6) and (c)(7) of this section;

(2) a failure of such entity to submit, or commence implementation of, a modified plan in accordance with subsection (d)(3) of this section;

(3) submission to the Secretary of a modified plan under subsection (d)(3) of this section which does not meet the requirements of this section; or

(4) a failure of such entity to provide paratransit or other special transportation services in accordance with the plan or modified plan the public entity submitted to the Secretary under this section.

(f) Statutory construction - Nothing in this section shall be construed as preventing a public entity -

(1) from providing paratransit or other special transportation services at a level which is greater than the level of such services which are required by this section,

(2) from providing paratransit or other special transportation services in addition to those paratransit and special transportation services required by this section, or

(3) from providing such services to individuals in addition to those individuals to whom such services are required to be provided by this section.

Regulations:

49 C.F.R. Part 37, Subpart F - Paratransit as a complement to fixed route service

Case Law:

Anderson v. Rochester-Genesee Regional Transportation Authority, 337 F.3d 201 (2nd Cir. 2003).

  • 49 C.F.R. § 37.131(b) does not require that paratransit service providers must provide 100% next day paratransit service when § 37.131(f) grants limited leeway for occasional failure. § 37.131(b) requires the formulation and implementation of a plan to meet 100% of the demand. Therefore the regulation requires a provider to rethink its plan and implement changes whenever a pattern of noncompliance develops. The regulation forcloses any planned non-coverage.
  • § 37.131(f) recognizes even the best plans may misfire on occassion and permits the denial of an insubstantial number of trips as long as the denials aren't due to the design of the system.
  • Relevant factors in determining how many trip denials is substantial may include: the time period over which the denials occurred, changes implemented by the provider to address them, the trend and persisstence of denials, foreseeability of the denials, causes of the denials, the reasonableness of the provider's demand estimates and plans.
  • 42 U.S.C §12143(e)(4) does not impose liability whenever a court finds that a transportation service provider has not complied with other provisions of the DOT regulations. It is violated when a transportation service provider fails to take some action, to adopt some proposal, or to implement some procedure that is included in a plan or annual update submitted to the DOT.

Disability Rights Council of Greater Washington v. Washington Metropolitan Area Transit Authority, 239 F.R.D. 9 (D.D.C. 2006).

  • Advocacy group had standing to sue under regulation prohibiting operational pattern or practice significantly limiting availability of paratransit service over alleged rude customer service, inadequate telephone reservation service, failure to respond to complaints, and dangerous driving.

Walter v. Southeastern Pennsylvania Transp. Authority, 434 F.Supp.2d 346 (E.D.Pa.,2006).

  • Language defining Category 2 paratransit eligibility in 42 U.S.C. § 12143(c)(1)(A)(ii) focused on public bus systems despite the fact that Congress defined the paratransit service to cover fixed route systems, which include public transit provided by rail. This has created an ambiguity in the statute when Category 2 eligibility is applied to rail systems.
  • If an individual wishes to take trips that require her to use key stations which have not been made accessible, she is eligible for paratransit under 49 C.F.R. § 37.123(e)(2)(iii)(B).
  • The statutory and regulatory language of the ADA clearly exempts commuter rail from paratransit eligibility. Nothing in the language of the statute or the regulation supports plaintiff's construction-that the commuter rail exception applies only if the commuter rail is operated by a transit entity that solely provides commuter rail services.

Martin v. Metropolitan Atlanta Rapid Transit Authority, 225 F.Supp.2d 1362 (N.D.Ga.,2002).

  • "the Court is persuaded that operational patterns and practices in MARTA's paratransit service have significantly limited the availability of service to paratransit eligible persons in violation of the ADA. It is undisputed that as late as October 2001, paratransit dispatchers were changing "ready times" on the schedules so that they would not be held responsible for "missed trips." (Michael Fredericks Aff. ¶ 8.) Although on-time performance has improved since January 2002, almost one in ten is still late. (Michael Fredericks Aff., Ex. 4.) Most compelling, perhaps, is the FTA Assessment. This systematic assessment of the paratransit service corroborates the anecdotal complaints of the Plaintiffs. There is ample evidence that the paratransit staffing is insufficient and this problem impacts the scheduling of trips, "ready times", no show policies and trip times. Paratransit customers requesting reservations should not be put on hold for excessively long periods. Furthermore, when they make a reservation they should be notified of their "ready time" and this should not be changed without properly notifying the customer. In addition, it seems reasonable that a customer should not be charged for "no shows" if the paratransit vehicle arrives more than 30 minutes after the "ready time." Finally, paratransit customer service should be equipped to handle complaints by customers in a professional manner. These are all examples of comparable services provided to customers on the fixed-route system and thus, should be extended to paratransit customers."

Tandy v. City of Wichita, 208 F.Supp.2d 1214 (D.Kan. 2002).

  • The ADA does not require paratransit access for persons who arrive at an inaccessible bus stop and demand immediate paratransit service.