41 One Gateway Plaza Los Angeles, CA

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1 41 One Gateway Plaza Los Angeles, CA C metro. net SYSTEM SAFETY AND OPERATIONS COMMITTEE FEBRUARY 21, 2013 EXECUTIVE MANAGEMENT COMMITTEE FEBRUARY 21, 2013 SUBJECT: ACTION: ADMINISTRATIVE CODE APPROVE AMENDMENTS TO ADMINISTRATIVE CODE RECOMMENDATION Amend Title 6, Chapter 6-05 of the la County Metropolitan Transportation Authority ("Metro") Administrative Code, otherwise known as the Metro Customer Code, as set forth in Attachment A, effective 30 days after the date the ordinance is published in a newspaper of general circulation. ISSUE Metro needs to amend the Metro Customer Code to clarify escalator and elevator safety and usage requirements by patrons with wheeled devices in Metro facilities and broaden the definition of wheelchairs and mobility devices to mirror updated guidance from the FTA. DISCUSSION Proposed amendments to the Metro Administrative Code are set forth in Attachment A to the Board Report to address several areas: 1. Elevator/Escalator Usage Amendment The Metro Accessibility Advisory Committee ("AAC") has recommended that Metro clarify escalator and elevator safety and usage requirements by patrons with wheeled devices in Metro facilities. The Customer Code of Conduct ("Customer Code") adopted July 11, 2010, and amended on June 23, 2011, contains information on elevator and escalator safety and usage requirements by patrons with wheeled riding devices in Metro facilities. The Customer Code amendments set forth in Attachment A, to the Board Report clarify the requirements consistent with AAC recommendations and current Metro policy.

2 2. Wheelchair and Mobility Device Definitions The Customer Code also currently defines a wheelchair as a three or four wheel mobility device based on prior FTA regulations. These FTA regulations were updated September The updated FTA regulations expand the definition of wheelchairs to include mobility devices with more than four wheels and include further clarifications of what constitutes a "mobility device." The proposed amendments to the Metro Administrative Code in Attachment A bring our Customer Code in line with the updated FTA regulation definitions. 3. Personal Care Attendants Definition Amendment (Attachment A) Federal regulations include a definition of Personal Care Attendant (PCA) in relation to ADA paratransit service, but not with fixed route service. Metro has a special fare category for PCAs, however there is no definition of what constitutes a qualified PCA in the Customer Code. The proposed amendment adds a definition of PCAs consistent with the definition in the Federal regulations used for paratransit services. Other information on the ADA regulations and the Federal Register explaining recent changes may be found at ALTERNATIVES CONSIDERED The proposed amendments to the Metro Administrative Code with respect to elevator and escalator usage by patrons with wheeled devices are submitted in response to the desire for greater clarity concerning elevator and escalator usage. Current Metro policies require all patrons with wheeled riding devices including those with wheelchairs and other power-driven mobility devices to use elevators and/or ramps and walkways when accessing elevated platforms or subway stations. The Administrative Code could also be clearer about the compliance differences between wheeled devices such as bicycles as opposed to wheelchairs. Clarifying the Administrative Code may lead to better understanding among agency personnel and Metro patrons about elevator/escalator usage requirements in addition to incorporating recent updated guidance from the FTA. As an alternative, the Administrative Code could be left as is, however, this would not improve customer safety, promote more efficient use of the Metro system or assure compliance with the most up to date FTA guidelines and regulations. We therefore recommend amending the Administrative Code to appropriately reflect current policies and FTA guidance. DETERMINATION OF SAFETY IMPACT Administrative Code Page 2

3 Approval of this item will improve safety by providing clearer instructions and information to Metro staff and patrons. FINANCIAL IMPACT Amending the Administrative Code Changes will not have an impact on the FY13 budget. NEXT STEPS Metro's Board Secretary shall publish this ordinance in a newspaper of general circulation and the ordinance will be effective 30 days thereafter. ATTACHMENTS A. Customer Code Amendments Clarifying Elevator/Escalator Usage Requirements and Broadening the Definition of Mobility Devices Prepared by: Jason S. Campbell, Senior Ethics Officer (213) Linda Hoos, Civil Rights Programs Manager (213) Administrative Code Page 3

4 Administrative Code Page4

5 ATTACHMENT A CUSTOMER CODE AMENDMENTS CLARIFYING ELEVATOR/ESCALATOR USAGE REQUIREMENTS AND BROADENING THE DEFINITION OF MOBILITY DEVICES Definitions. The following terms, whenever used in this chapter, shall be construed as defined in this section: [... ] R. "Wheelchair" means, j31:1fsi:iant to ~ederal Transit Administration Section 37.3, a mobility aid belonging to any class of three or feth: more wheeled devices, usable indoors, designed for modified for and used by individuals with mobility impairments, and either motorized or whether operated manually or powered. 1 S. "Mobility Aid Device" means an assistive device other than a wheelchair used by and primarily intended to assist persons with disabilities with locomotion. T. "Power driven mobility device" means any device powered by batteries, fuel, or other source that does not fit the definition of a wheelchair regardless whether it is designed primarily for use by individuals with mobility disabilities. 2 U. "Personal Care Attendant" means an individual designated or employed, by a person with disabilities, to aid in meeting his/her personal needs iig ;Gies 1 ard ikates Wheeled Riding Devices A. Wheeled riding devices including -BQ.icycles, incl~:~ding skates, skateboards, kick scooters, razers, and other wheeled riding devices except Wheelchairs and Mobility Aid Devices, may not be ridden in Metro facilities or vehicles, except for public bike or road ways clearly ~ 6 intended for those types of devices. -A person may carry or walk such wheeled riding 7 devices in a safe manner on Metro facilities to park or board Metro vehicles. 8. A 13erson may carry or 'Nalk wheeled riding devices in a safe manner on Metro facilities to 4 13ark or board Metro vehicles. H-16 G... B. Tandem, three-wheeled, or fuel-powered bicycles -or other wheeled riding devices, are not permitted in Metro facilities or vehicles. Rec~:~mbent b~ icycles or other wheeled riding devices cannot be over 6 feet long are prohibited. C. All persons entering Metro facilities with wheeled riding devices of any type including Wheelchairs and Mobility Aid Devices but excluding handheld skates or skateboards must use elevators or ramps to access elevated or lowered platforms or subway stations. D. Bicycles may be carried on stairs when safe to do so if escalators and elevators are nonoperational. A person who enters a Metro facility or vehicle with a bicycle must do the following: 1. Hold a bicycle when it is not in the rack. 2. Use available bicycle racks. 3. If racks on a bus are full, wait for the next bus CFR ADA Title II, section CFR Administrative Code Page 5

6 4. Inform the bus operator before exiting that you will be removing a bicycle from a rack in front of the bus. ~ 8 5. Not block aisles, doorways, or operators' exit way Board at bicycle-designated doors and keep the bicycle in bicycle-designated areas, ~ 8 such as non-operating cab areas If an arriving train is crowded individuals with bicycles must wait for a train with available room. Law enforcement personnel may ask individuals travelling with bicycles to wait. 8. If evacuation is required bicycles must be left on the train and located so that they do not block aisles or doors. 9. Not take the bicycle down train aisles. 10. Yield space in designated areas to wheelchairs or other m Mobility Aid 4.Qevices for persons with disabilities. 11. Load and unload bicycles from the front of a Metro bus to the curbside and not into traffic. 12. Not attempt to access the bicycle rack after the bus has left the curb. 13. Use elevators or ramps, not escalators, to transport ill! bicycles or other wheeled riding devices other than handheld skates or skateboards in Metro facilities. E. Restrictions in this section on bicycles eo not a1313iy to wheelchairs or other mobility 2, devices for 13ersons with disabilities. ~ L. Folded bicycles, handheld skates or skateboards may be carried into a Metro vehicle at any time without using the rack or waiting for non-peak hours. These items must be stored so that they do not block passageways, aisles or seats. G,. L Persons under the age of 14 years travelling with a bicycle must be accompanied by an adult Boarding. Exiting, and Seating The following acts are required in Metro facilities and vehicles: A. Never go onto a track except through designated crossings and never step or put arms, 9 12 legs, or objects in the path of a Metro vehicle. B. Maintain control of children at all times in or on Metro vehicles or facilities including 2, 5 when a Metro vehicle is approaching. C. Do not signal in the path of or by touching the bus when it is moving. D. Yield priority, reserved, w Wheelchair, or similarly designated seating to senior citizens W 13 and passengers with disabilities. E. Personal Care Attendants must travel with the patron who displays the Access Services TAP card marked with "PCA" at all times when using the Metro bus and rail system including boarding and exiting at the same location and traveling in the same bus or rail car Carts& aa4 Strollers and Luggage A. Commercial or large size carts, Gf dollies and strollers are prohibited on Metro vehicles, unless collapsed. If a small personal use size stroller is occupied by a child or small cart is filled, then it must be securely held and not block passageways or seats. Administrative Code Page 6

7 B. Carts, dollies, ami strollers and large luggage that create an unsafe condition are prohibited. C. During crowded conditions or peak hours, remove children from strollers and materials from carts, and collapse, or wait for the next Metro vehicle that has room for the cart or stroller. This provision does not apply to wwheelchairs or other m Mobility Aid aqevices fgf persons with disabilities. D. In Metro facilities ccartsl ami strollers, large luggage and Wheelchairs or other Mobility Aid Devices are to be transported in elevators or ramps in all Metro facilities and not on escalators. Administrative Code Page 7

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