The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and local government services, public accommodations, commercial facilities, and public transportation (including fixed line route, demand response, and paratransit service) and mandates the establishment of TDD/telephone relay services. The ADA’s current text includes changes made by Amendments Act following the initial passing of the Act.
The Toledo Area Regional Transit Authority (The Authority) depends on grants from the Department of Transportation’s (DOT) Federal Transit Administration (FTA) which mandates ADA compliance. The Authority, as a provider of public transportation, is subject to the requirements of the ADA and its amendments. The Authority is subject to audits and investigations to assess compliance and may receive penalties for failure to comply.
The purpose of this policy is to provide guidance to TARTA employees when approached by ADA-eligible individuals who wish to request a reasonable modification in order to utilize transit service offered by the Authority and to outline the process by which requests for reasonable modification will be received, approved or denied, and/or appealed.
Statement of Policy
FTA has mandated that a public entity providing fixed route or demand response service shall respond to requests by ADA-eligible individuals for reasonable modification to policies and practices consistent with specific guidelines as outlined in the regulations. In addition, the public entity providing fixed route or demand responsive service is required to make information available to the public detailing how to contact individuals can contact the public entity to request reasonable modification.
In response to these guidelines, the Authority, as a provider of fixed route and demand response service has established the following:
Please note: The needs of employees with disabilities are addressed in other policies. An employee who has a medical condition which may prevent him/her from performing the essential functions of his/her position should seek assistance through Human Resources. This policy is not intended to address an employee’s rights and/or responsibilities under the ADA regulations.
Requests for Reasonable Modification by Passengers
Requests for reasonable modifications of policies and practices will be considered as follows:
Requests for reasonable modifications of policies and practices can be denied due to one or more of the following reasons:
Process for Submitting a Request
Whenever possible, the individual who desires to request a reasonable modification should make the request in advance and allow the Authority an opportunity to determine whether the request will be granted.
When requests for reasonable modification cannot be practicably made and determined in advance, a Dispatcher will make a timely determination so long as such actions do not result in a direct threat or fundamental alteration of services. The Dispatcher will immediately provide a written report to Director, Human Resources. Such determinations are made on a non-precedent setting basis based upon the facts and circumstances unique to that request.
VII. Process for Submitting an Appeal
If the passenger disagrees with the initial determination, an appeal may be filed. A request for appeal form is available at Modification For Transit Services Request Form. The form includes the procedure by which the Authority processes and responds to appeal.
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