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HomeMy WebLinkAboutADAMemo_Mar_11 City of Oshkosh - Transportation Department 926 Dempsey Trail, Oshkosh, WI 54902 (920) 232-5342 (920)232-5343 fax MEMORANDUM TO: Transit Advisory Board Members FROM: Christopher Strong, Transportation Director DATE: March 18, 2011 RE: Discussion of ADA Customer Service Standards The purpose of this memo is to provide some background on some of the requirements that the Oshkosh Transit System has with respect to the Americans with Disabilities Act (ADA) and customer service. Governing Standards In general, the governing standards related to ADA paratransit are governed by the Americans with Disabilities Act (ADA). The primary purpose of ADA is to “provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” In the context of the Oshkosh Transit System, this means that the fixed-route bus system is accessible to people with disabilities, and that a complementary paratransit system of comparable service is available to individuals with disabilities who cannot use the fixed route system. Part 37 of Title 49 of the Code of Federal Regulations (49CFR37) describes the requirements for transportation services for individuals with disabilities. Sec. 37.131 deals specifically with service criteria for complementary paratransit. Selected portions are excerpted in italics to show what is required. Comment is provided to describe how OTS complies with that requirement. Sec.  37.131  Service criteria for complementary paratransit.     The following service criteria apply to complementary paratransit required by Sec.  37.121 of this part.     (a) Service Area--(1) Bus. (i) The entity shall provide complementary paratransit service to origins and destinations within corridors with a width of three-fourths of a mile on each side of each fixed route. The corridor shall include an area with a three-fourths of a mile radius at the ends of each fixed route.     (ii) Within the core service area, the entity also shall provide service to small areas not inside any of the corridors but which are surrounded by corridors.     (iii) Outside the core service area, the entity may designate corridors with widths from three-fourths of a mile up to one and one half miles on each side of a fixed route, based on local circumstances.     (iv) For purposes of this paragraph, the core service area is that area in which corridors with a width of three-fourths of a mile on each side of each fixed route merge together such that, with few and small exceptions, all origins and destinations within the area would be served.     (3) Jurisdictional boundaries. Notwithstanding any other provision of this paragraph, an entity is not required to provide paratransit service in an area outside the boundaries of the jurisdiction(s) in which it operates, if the entity does not have legal authority to operate in that area. The entity shall take all practicable steps to provide paratransit service to any part of its service area. OTS: We provide service throughout the entire City of Oshkosh, even if an origin or destination is more than three-fourths of a mile from a corridor.     (b) Response time. The entity shall schedule and provide paratransit service to any ADA paratransit eligible person at any requested time on a particular day in response to a request for service made the previous day. Reservations may be taken by reservation agents or by mechanical means.     (1) The entity shall make reservation service available during at least all normal business hours of the entity’s administrative offices, as well as during times, comparable to normal business hours, on a day when the entity’s offices are not open before a service day.     (2) The entity may negotiate pickup times with the individual, but the entity shall not require an ADA paratransit eligible individual to schedule a trip to begin more than one hour before or after the individual’s desired departure time.     (3) The entity may use real-time scheduling in providing complementary paratransit service.     (4) The entity may permit advance reservations to be made up to 14 days in advance of an ADA paratransit eligible individual’s desired trips. When an entity proposes to change its reservations system, it shall comply with the public participation requirements equivalent to those of Sec.  37.137 (b) and (c). OTS: We do allow for same-day reservations, which is above and beyond what ADA requires.     (c) Fares. The fare for a trip charged to an ADA paratransit eligible user of the complementary paratransit service shall not exceed twice the fare that would be charged to an individual paying full fare (i.e., without regard to discounts) for a trip of similar length, at a similar time of day, on the entity’s fixed route system.     (1) In calculating the full fare that would be paid by an individual using the fixed route system, the entity may include transfer and premium charges applicable to a trip of similar length, at a similar time of day, on the fixed route system.     (2) The fares for individuals accompanying ADA paratransit eligible individuals, who are provided service under Sec.  37.123 (f) of this part, shall be the same as for the ADA paratransit eligible individuals they are accompanying.     (3) A personal care attendant shall not be charged for complementary paratransit service.     (4) The entity may charge a fare higher than otherwise permitted by this paragraph to a social service agency or other organization for agency trips (i.e., trips guaranteed to the organization).   (d) Trip purpose restrictions. The entity shall not impose restrictions or priorities based on trip purpose.  (e) Hours and days of service. The complementary paratransit service shall be available throughout the same hours and days as the entity’s fixed route service. OTS: We offer complementary paratransit service 24 hours per day, 7 days a week, which is beyond what the fixed route service offers. We do charge a premium fare for service outside of our normal fixed-route hours, which is permitted.     (f) Capacity constraints. The entity shall not limit the availability of complementary paratransit service to ADA paratransit eligible individuals by any of the following:     (1) Restrictions on the number of trips an individual will be provided;     (2) Waiting lists for access to the service; or     (3) Any operational pattern or practice that significantly limits the availability of service to ADA paratransit eligible persons.     (i) Such patterns or practices include, but are not limited to, the following:     (A) Substantial numbers of significantly untimely pickups for initial or return trips;     (B) Substantial numbers of trip denials or missed trips;     (C) Substantial numbers of trips with excessive trip lengths.     (ii) Operational problems attributable to causes beyond the control of the entity (including, but not limited to, weather or traffic conditions affecting all vehicular traffic that were not anticipated at the time a trip was scheduled) shall not be a basis for determining that such a pattern or practice exists. OTS: Many Board member comments from the December 2010 meeting relate to Section 37.131(f)(i). This would also, by FTA interpretation, include hold time. The following is additional explanation from 49CFR37 Appendix D, Section 7.131.     The rule mentions three specific examples of operational patterns or practices that would violate this provision. The first is a pattern or practice of substantial numbers of significantly untimely pickups (either for initial or return trips). To violate this provision, there must be both a substantial number of late arrivals and the late arrivals in question must be significant in length. For example, a DOT Inspector General’s (IG) report on one city’s paratransit system disclosed that around 30 percent of trips were between one and five hours late. Such a situation would trigger this provision. On the other hand, only a few instances of trips one to five hours late, or many instances of trips a few minutes late, would not trigger this provision.     The second example is substantial numbers of trip denials or missed trips. For example, if on a regular basis the reservation phone lines open at 5 a.m. and callers after 7 a.m. are all told that they cannot travel, or the phone lines shut down after 7 a.m. and a recorded message says to call back the next day, or the phone lines are always so busy that no one can get through, this provision would be triggered. (Practices of this kind would probably violate the response time criterion as well.) Also, if, on a regular basis, the entity misses a substantial number of trips (e.g., a trip is scheduled, the passenger is waiting, but the vehicle never comes, goes to the wrong address, is extremely late, etc.), it would violate this provision.     The third example is substantial numbers of trips with excessive trip lengths. Since paratransit is a shared ride service, paratransit rides between Point A and Point B will usually take longer, and involve more intermediate stops, than a taxi ride between the same two points. However, when the number of intermediate stops and the total trip time for a given passenger grows so large as to make use of the system prohibitively inconvenient, then this provision would be triggered. For example, the IG report referred to above mentioned a situation in which 9 percent of riders had one way trips averaging between two and four hours, with an average of 16 intermediate stops. Such a situation would probably trigger this provision.     Though these three examples probably cover the most frequently cited problems in paratransit operations that directly or indirectly limit the provision of service that is theoretically available to eligible persons, the list is not exhaustive. Other patterns or practices could trigger this provision. For example, the Department has heard about a situation in which an entity’s paratransit contractor was paid on a per-trip basis, regardless of the length of the trip. The contractor therefore had an economic incentive to provide as many trips as possible. As a result, the contractor accepted short trips and routinely denied longer trips. This would be a pattern or practice contrary to this provision (and contrary to the service area provision as well).     (g) Additional service. Public entities may provide complementary paratransit service to ADA paratransit eligible individuals exceeding that provided for in this section. However, only the cost of service provided for in this section may be considered in a public entity’s request for an undue financial burden waiver under Sec.  37.151-37.155 of this part. Contractor Requirements The City of Oshkosh entered into a new contract with Cabulance for non-ambulatory paratransit, with an effective date of January 1, 2011. The request for proposals, which serves to define contractor and OTS requirements, includes many specific service requirements for Cabulance. The following are highlights from this document. Service Capacity The Provider must provide sufficient service capacity to be able to schedule the pick up all passengers within one hour (60 minutes) before or after the trip time requested. The Provider shall combine passenger trips whenever possible by negotiating travel times with customers. The Provider may negotiate the pick up time with the rider, but must consider the rider’s schedule. For instance, a rider cannot be expected to schedule a pick-up time at 4:00 p.m. when they work until 5:00 p.m. Nor can a rider be expected to schedule a pick-up time at 9:00 a.m. when they work at 8:00 a.m. Paratransit travel times cannot exceed twice the normal travel time for the same trip taken by bus. The Provider must allow advance registration up to 14 days in advance of a trip. If future capacity constraints occur, the Provider will ensure that subscription service (standing orders for reoccurring trips with the same origin, destination, pick-up time and day of the week that are scheduled once) does not absorb more than 50 percent of the number of trips available at a given time of day consistent with Sections 37.131 and 37.133 of the ADA regulations (49 CFR). The service must guarantee “next-day” service as defined in Section 37.131. Also, the Provider must allow customers who are unable to schedule their return medical trips (referred to as “will-calls”) to call for service when the appointment is over. Same day service will be available as capacity allows. … Timely Service The Provider must provide passenger pick-ups in a timely fashion. Vehicles must arrive within a thirty minute “pick-up window,” which is defined as fifteen minutes before and fifteen minutes after the scheduled pick-up time. For example, if a scheduled pick-up time is 9:00 a.m., the pick-up window time frame is 8:45 a.m. to 9:15 a.m. The vehicle may arrive any time during the pick-up window and the operator will only wait five minutes after arrival. Provider will attempt to contact the client before leaving from a pick-up point. If the rider is not ready at the pick-up location within five minutes, the driver will leave and the ride will be recorded as a no-show. A “No-Show” is defined as a situation where a passenger does not keep a scheduled trip appointment, cancels at the door, or cancels less than an hour notice before the trip. If the Provider arrives after a scheduled pick-up window, the Provider will wait a minimum of 5 minutes and make every effort to contact the customer. Incident Reporting and Appeals The Provider shall record and maintain accurate documentation of serious customer incidents (date, time, incident description, driver report, etc) that could result in service suspension. The Provider shall be available to make statements, and/or answer questions, in the event of a customer appeal of service suspension arising from the accumulation of No-Shows, or incidents (refusal to pay fare, seriously disruptive behavior, public health threats, refusal to comply with safety rules, etc). The Provider shall notify OTS of serious rider incidents by phone or email within 2 business days. … Information, Reports, and Data Provider shall provide reports to OTS on the service provided. … A “trip denial” includes: (1) any scheduled trip where the pick-up time is more than one hour before or after a requested pick-up time, even if the customer accepts the time offered; or (2) when a customer requests a round trip and only one leg of the trip can be accommodated, if the customer declines the one-way offer, both legs of the trip need to be counted as denied trips A “missed trip” occurs when a passenger is waiting for a scheduled pick-up and the vehicle never arrives. This does not include late pick-ups. However, if the vehicle arrives outside of the pick-up window (15 minutes either side of the scheduled pick-up time) and the passenger has left, this is considered a missed trip. … Service Standards OTS wishes to ensure that program users receive quality transit service, including service delivered in a timely manner and personnel that treat program users with dignity and courtesy. The Provider is required to maintain a minimum of 95% on-time performance annually. This measurement will be based on the pick-up window from either the scheduled time of pick-up or drop-off and the 95% will be based on scheduled trips only. This standard will not include “will-calls” or same day service. The Provider will also be responsible for collecting comments from passengers on the performance of the contract. This is to be done by passing out comment cards in accordance with a schedule to be provided by OTS. Complaints received by the Provider or by OTS regarding service need to be resolved promptly. The Provider agrees to make good faith efforts to resolve any complaints by program users. If they are unable to resolve those complaints, they should advise OTS of the complaint and reasons for the impasse. OTS seeks to ensure that service levels remain adequate throughout the period of the contract. Surveys of users designed to measure satisfaction will be conducted during the period of the contract. Provider personnel and officials shall not attempt to influence the outcome of these surveys in any manner. OTS is dedicated to maintaining a high level of user satisfaction. If a customer satisfaction survey reveals any of the following situations, OTS will work with the Provider to correct the situation: Satisfaction with service timeliness should fall below 85%. Satisfaction with dispatcher courtesy should fall below 85%. Satisfaction with driver courtesy should fall below 85%. Satisfaction with ride quality should fall below 85%. If the need for correction is determined and proceeding surveys continue to show satisfaction levels below the above levels, termination of the contract may result. Performance Measures The Federal Transit Administration does not mandate specific performance measures with respect to ADA. However, in their compliance and review processes, there are certain things they examine to determine whether an agency is complying with the intent of ADA. These include the following: How does the transit system monitor the service to ensure there is no pattern or practice of trip denials, lack of access to phone reservations, untimely pick-ups, missed trips, or excessively long trips? What is the telephone hold time standard? In cooperation with the FTA, OTS developed a form, included as an attachment, which tracks contractor performance in areas like these. The new contract’s reporting requirements will give OTS the opportunity to examine a larger sample of data with respect to on-time performance. OTS tracks performance measures on its own, too, such as random sampling of hold time and customer surveys. Additional References There have been several excellent resources which have come out recently, which explain some of these considerations in more detail. Included with your material you will find a new publication produced by Easter Seals, which is designed to help transit board members understand ADA. There have also been a series of topic guides produced by the FTA, available at http://www.dredf.org/ADAtg/in dex.shtml, which we have found to be excellent resources. These guides go into more specific detail about FTA findings with respect to ADA compliance as well as best practices. Topics covered include: equipment maintenance, stop announcements and route identification, ADA eligibility, telephone hold time, origin to destination service, on-time performance, and no shows.