TARTA Reasonable Modification Policy

TARTA is committed to providing safe, reliable, courteous, accessible, and user-friendly services to its customers. To ensure equality and fairness, TARTA is committed to making reasonable modifications to its policies, practices, and procedures to avoid discrimination and ensure programs and services are accessible to individuals with disabilities. Requests for modifications can be made by calling 419-382-9901 or emailing [email protected]

ADA Reasonable Modification Policy PDF 71 kB

• Online ADA Reasonable Modification Request Form (with medical form)
• Online ADA Reasonable Modification Appeal Form
• Printable ADA Reasonable Modification Request Form (with medical form)
• Printable ADA Reasonable Modification Request/Medical Form only (the medical portion of the form must be downloaded, printed, and signed by the patient’s physician)
• Printable ADA Reasonable Modification Appeal Form PDF 17 kB

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.

References

• 49 CFR Part 37, Subpart E
• 49 CFR Part 37, Subpart G, Section 37.169
• 49 C.F.R. 37 – Transportation Services for Individuals with Disabilities (ADA)
• The Americans with Disabilities Act of 1990, as amended

Purpose

The purpose of this policy is to provide guidance to TARTA employees when approached by individuals with disabilities 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.

This policy is also designed to educate all TARTA employees about:

• The process by which reasonable modification may be requested and authorized;
• The process by which a request for reasonable modification is approved or denied;
• The process for requesting an appeal of an initial determination;
• ADA’s requirements for ridership that impact their roles while working on behalf of the Authority; and
• The consequences for failing to comply with the ADA requirements.

Statement of Policy

FTA has mandated that a public entity providing fixed route or demand response service shall respond to requests by individuals with disabilities 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:

1. Means by which passengers and the public in general are informed that individuals with disabilities may request reasonable modification in order to utilize existing fixed route or demand responsive service.
2. Process describing how requests for reasonable accommodation are to be accepted, authorized or denied, with an option to appeal the initial determination if desired.
3. Recertification process.
4. Procedure for handling “ad hoc” requests.
5. Timeline for processing.

Please note:  The needs of employees with disabilities are addressed in other policies. An employee who has a medical condition which may prevent them from performing the essential functions of their 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:

1. The reasonable modification policy applies to passengers with disabilities for use of TARTA Transit services.
2. The passenger with disabilities who desires a reasonable modification will be required to describe what they believe is needed to use the Transit service.
3. Requests for reasonable modification do not have to be written; however, it is desirable that whenever possible, requests for reasonable modification will be made in advance.
4. The passenger does not need to use the term “reasonable modification.”

Requests for reasonable modifications of policies and practices can be denied due to one or more of the following reasons:

• Granting the request would fundamentally alter the nature of the transportation services, program or activities;
• Granting the request would create a direct threat to the health or safety;
• Without the requested modification, the individual with a disability is able to fully use the services, programs, or activities for their intended purpose;
• Request creates an undue financial and administrative burden.

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.

1. Requests may be initiated by one of the following methods:

• Contact:  TARTA Move (formerly TARPS) Administration: 419-382-9901
• Mail a written request to: TARTA Move at 130 Knapp St., Toledo OH 43604
• Submit the request online utilizing the ADA Reasonable Modification Request Form
• Fax a completed form to: TARTA Move at 419-724-6659

The General Manager or their designee will be assigned as the reasonable modification reviewer.

Initial requests for reasonable modification will be addressed within 10 business days.

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 the General Manager.  Such determinations are made on a non-precedent setting basis based upon the facts and circumstances unique to that request.

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.

All language assistance services for Toledo Area Regional Transit Authority programs and services, including paratransit functional assessments and paratransit eligibility appeals, are provided to the public at no charge.