DOT Final Rule on Transportation for Individuals with Disabilities

Transcription

1 DOT Final Rule on Transportation for Individuals with Disabilities

2 DOT Final Rule on Transportation of Individuals with Disabilities Items to be Discussed: Term Common Wheelchair Definition of Wheelchair Wheelchair Ramps/Lifts Missed Trips and Denials (para-transit) What Has Not Changed Resources

3 Questions Often Asked by Transit Providers: Do we have to transport a mobility device if: If it does not meet the requirements of the Common wheelchair? It is over 600 lbs with occupant? It has less than 4 wheels? Response according to the Final Rule: Requires transportation providers to carry a wheelchair and its user, as long as the lift can accommodate the size and weight of the wheelchair and its user and there is space for the wheelchair on the vehicle Exception to the above would be if doing so is inconsistent with legitimate safety requirements

4 What Does That Mean For the Term Common Wheelchair? The final rule deletes the operational role of the common wheelchair design standard and deletes the sentence concerning common wheelchair

5 So, What is Considered a Wheelchair? Old Definition: Three-or-four wheeled devices New Definition: Three-or-more wheeled devices

6 What Does the Final Rule Say About a Segway?

7 Final Rule on Segways or Other Power- Driven Mobility Devices (OPMDs) Transportation providers should accept such devices in most cases. Only if the transportation provider can demonstrate-with respect to a particular type of vehicle or contrary to legitimate safety requirements could it be appropriate for a transportation provider to deny transportation to the OMPD and its user

8 Mobility Devices & Wheelchair Ramps/Lifts Making the Change

9 Affects on Existing Vehicles According to the Final Rule: The Department (of Transportation) is not contemplating any actions that would require transportation providers and manufacturers to modify existing vehicles or design The Department continues to believe that standards based on Access Board guidelines for transportation vehicles are the appropriate basis for requirements pertaining to the design and construction of vehicles

10 Being Prepared Ramps and Lifts Research ramp/lift types and their measurements & weight capacities Possible options for information include Lift Manufacturers or Bus Builders Mobility Devices Legitimate safety requirements includes a wheelchair of such size that it would block an aisle Denial of such device(s) must be based on actual risks, not on mere speculation, stereotypes, or generalizations about individuals with disabilities or their mobility devices

11 Missed Trips and Denials When a transit system is unable to provide one leg of a multi-legged trip, and the passenger is therefore unable to take any of the requested trips, all of those trips must be recorded as denials

12 What Has Not Been Affected by the Final Rule Securement of Mobility Devices A transit provider cannot impose a limitation on the transportation of wheelchairs and other mobility aids based on the inability of the securement system to secure the device to the satisfaction of the transportation provider

13 What Has Not Been Affected Service Animals by the Final Rule Cont. Though the Department of Justice (DOJ) Final Rule on service animal is effective, existing DOT definitions continue in effect Therefore, entities covered by this Rule should not change their policies on the basis of the DOJ Final Rule

14 Questions?

15 References Lab Service Animal (slide 1) Federal Register/Vol. 76, No.181/Monday, September 19, 2011/Rules and Regulations Mobility Device Size and Type pg , DOT Response Paragraph 3 (Slide 3) Federal Register/Vol. 76, No.181/Monday, September 19, 2011/Rules and Regulations Mobility Device Size and Type pg , DOT Response Paragraph 3(Slide 4) Black and White Wheelchair ramp photo (slide 4) Blue Powerchiar (Slide 5) Federal Register/Vol. 76, No.181/Monday, September 19, 2011/Rules and Regulations Mobility Device Size and Type pg , DOT Response Paragraph 8(Slide 6) Ramp photo (Slide 7) Big Wheelchair (Slide 7)

16 References Cont. Federal Register/Vol. 76, No.181/Monday, September 19, 2011/Rules and Regulations Mobility Device Size and Type pg , DOT Response Paragraph 1 (Slide 9) Federal Register/Vol. 76, No.181/Monday, September 19, 2011/Rules and Regulations Mobility Device Size and Type pg , DOT Response Paragraph 1 (Slide 9) Federal Register/Vol. 76, No.181/Monday, September 19, 2011/Rules and Regulations Mobility Device Size and Type pg , DOT Response Paragraph 2 (Slide 10) ADA Final Rule Donald Pike, Department of Transportation, Pg 2 Missed Trips and Denials (Slide 11) ADA Final Rule Donald Pike, Department of Transportation, Pg 1 Miscellaneous Amendments (Slide 12) ADA Final Rule Donald Pike, Department of Transportation, Pg 2 Miscellaneous Amendments (Slide 13) ADA Final Rule Donald Pike, Department of Transportation, Pg 2 Miscellaneous Amendments (Slide 13)