Text-Only Version Prepared by: TranSystems Corp. Medford, ma and: Planners Collaborative Boston, ma august 24, 2007 contents
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Adding language to the “Hours of Operation” section of THE RIDE Guide that indicates that 1:00 a.m. represents the last pick-up time, and that service is provided earlier than 6:00 a.m. in a few communities where fixed route service starts before 6:00 (and to check with the MBTA for exact hours). Trip Purposes The USDOT’s ADA regulations states that “The entity shall not impose restrictions or priorities based on trip purpose.” The MBTA provides THE RIDE service for any and all trip purposes and does not restrict or prioritize service based on trip purpose. These requirements are included in vendor contracts. One minor exception does exist, however. Page 17 of the Scope of Work in the vendor contracts states “No service shall be provided to students enrolled in grades K to 12 for trips to and from school, or for school related trips.” This restriction is included in THE RIDE policy in recognition of the fact that cities and towns in Massachusetts are legally required to provide elementary school transportation for children with disabilities and that this transportation is provided free of charge throughout THE RIDE area. In general, the MBTA THE RIDE policies regarding trip purposes appear to meet regulatory requirements. As long as cities and towns provide elementary school transportation, this restriction on THE RIDE service does not appear to limit service to children with disabilities. Capacity Constraints The ADA regulations state that ADA complementary paratransit services cannot be capacity constrained. Subsection (f) indicates that capacity constraints can, among other things, be a result of:
In addition, the regulations indicate that other policies or practices that “significantly limits the availability of service” can also be considered capacity constraints. While not specifically mentioned in the regulations, significant difficulty in reaching the reservation center to place a trip request or to check on or change a reservation, has also come to be considered a type of capacity constraint by the USDOT. Each of these types of potential capacity constraints is discussed in more detail below. Trip Caps The USDOT regulations state that a type of capacity constraint considered discriminatory includes “restrictions on the number of trips an individual will be provided.” The review of THE RIDE provider contracts and public information on the program did not indicate any restrictions on the number of trips an individual can request. Waiting Lists Section 131(f) of the USDOT regulations states that a type of capacity constraint considered discriminatory includes “waiting lists for access to the service.” In recent ADA paratransit compliance reviews conducted by the FTA, a distinction has been recognized between a “wait list” and a “holding run” used in the scheduling process. That is, FTA has determined that placing trips on an internal “holding run” or “wait list file” is acceptable as long as the communication with the rider indicates that the trip will be provided. The evaluation found that THE RIDE policies appear to be consistent with this regulatory requirement. THE RIDE scheduling process does sometimes place riders on an internal “wait list” if the automated scheduling system does not place them on an actual run when schedules are created using the batch scheduling process. Some riders on these internal wait lists are then manually scheduled onto runs. During the call-back process, if riders remain on the internal wait list (after batch scheduling and manual scheduling is completed), the scheduling system generates an estimated pick-up time for their trips. For return trips, the pick-up time becomes the requested time. For going trips, the pick-up time is based on the appointment time with an allowance for travel time based on the total distance of the trip. Riders whose trips are on this internal wait list then receive a call back and are given these estimated times. Trips that remain on the wait list going into the day of service are then inserted into the schedules as cancellations are received or are same-day dispatched. This policy and practice appears to be consistent with the regulatory requirements based on FTA’s latest guidance. Even though there is an internal scheduling “wait list,” riders are called back and given pick-up times for all of their trips. As long as the trips are then provide in accordance with the regulatory requirements and the times given to riders in call-backs, this practice would appear to be consistent with the regulations. There could be a potential regulatory issue, though, if the pick-up times for trips that continued to be on the wait list going into the day of service (added to schedules as cancellations occurred or same day dispatched) were changed on the day of service and riders were called that day with different pick-up times. This will need to be considered and analyzed further in the on-site observations of actual service provision (Task 6 of this evaluation). Trip Denials The USDOT regulations states that a type of capacity constraint considered discriminatory includes “any operational pattern or practice that significantly limits the availability of service to ADA paratransit eligible persons.” Part i(B) of this section notes that one such pattern or practice is a “substantial number of trip denials.” Additional interpretations and guidance on this section have been provided over the past seven years. In Liberty Resources v. SEPTA, the Federal District Court in Philadelphia indicated that more than five trip denials a day was considered “a substantial number.” And in Anderson v. RGRTA, the Court indicated that RGRTA (the public transit provider in Rochester, NY) had to provide all trips requested one day in advance (i.e., no trip denials for trips requested one day in advance). The FTA also provided written guidance in a letter dated March 23, 1999 from Chief Counsel Reilly to Mr. Stephen Gold, Esq., that it expects grantees to have sufficient capacity to meet 100% of the demand at all times. The evaluation found that THE RIDE appears to be in compliance with this requirement. There do not appear to be any trip denials and there appears to be a clear understanding between the MBTA and the contracted service providers of THE RIDE that there should be no trip denials. The actual language in service provider contracts is somewhat vague, however. It only indicates that “The Contractor shall comply with the requirements of ADA regarding trip denials.” To formalize the understandings that appear to be in place regarding trip denials, and to address the latest regulatory interpretations, we would recommend that the MBTA consider more specific contract language regarding trip denials. First, we would recommend that the MBTA adopt a formal goal of providing 100% of all eligible trip requests. It also is recommended that more specific contract language require that:
Also, should contractors have occasional trip denials, the contract should indicate how these should be recorded and reported. To be consistent with actual current practice, and to address the latest FTA guidance, the following contract changes should be considered:
Missed Trips The USDOT regulations state that a type of capacity constraint considered discriminatory includes “any operational pattern or practice that significantly limits the availability of service to ADA paratransit eligible persons.” Part i(B) of this section notes that one such pattern or practice is a substantial number of missed trips. In the “Performance Incentives/Penalties” section of the current operating contract for THE RIDE service, the MBTA defines a missed trip as “a trip that is not completed due to the Contractor’s failure to transport a customer who had a scheduled trip (excluding cancels and no-shows).” The contract does not, however, establish a stated performance requirement. Instead, it establishes a $50 penalty for each and every missed trip (which implies a performance goal of having no missed trips). While the current penalty implies that the MBTA wants no missed trips, it is recommended that the MBTA specifically state in the contract that the goal is to have no missed trips. Further, we would suggest that the MBTA be more specific about differences between missed trips and no-shows. In practice, the MBTA considers trips as missed if vehicles arrive outside of the on-time window and the rider does not appear or decides not to take the trip. This definition is consistent with recent FTA guidance. This distinction between missed trips and no-shows should be formalized in the definition of missed trips used in service provider contracts. If the MBTA adopts this recommendation, it also may want to create a distinction between a missed trip where the vehicle arrives outside but close to the on-time window, and a missed trip where the vehicle arrives well beyond the on-time window. Different penalties may then be applied to these situations. On-Time Performance The USDOT regulations state that a type of capacity constraint considered discriminatory includes “any operational pattern or practice that significantly limits the availability of service to ADA paratransit eligible persons.” Part i(A) of this section notes that one such pattern or practice is a “substantial numbers of significantly untimely pickups for initial or return trips.” While the regulations only cite “untimely pickups,” FTA has considered untimely arrivals (where riders have indicated appointment times or desired arrival times) to also be covered by this section of the regulations. The regulations do not define what is considered “timely” and what is considered “late.” This definition has been left to the discretion of local transit systems. Industry practice is discussed below. Page 6 of The Ride Guide tells riders that they should “Be ready to travel 5 minutes before your scheduled pick-up time and be prepared to wait up to 15 minutes after that time.” It further states “Please do not leave your pick-up location to call before the end of the 15-minute waiting period,” and “If THE RIDE vehicle does not arrive by the end of the 15 minutes period, please call your Contractor who will assist you in locating the vehicle and giving you its estimated time of arrival (ETA).” These instructions establish an “on-time window” of five minutes before to 15 minutes after the scheduled pick-up time. The MBTA also has established the following performance standards in service provider contracts:
Several incentives and penalties related to these performance standards are then included in the service provider contracts. Note that the above on-time performance standards all relate to the “scheduled” pickup time. In the current system, which uses batch scheduling and call-backs the evening before the day of service, the scheduled time (for trips requested in advance) would be the time given to riders as part of the call-back process. For same day requests it would be the time communicated to riders when they called to ask for a same day trip change or new trip. And, for will-calls, it is our understanding that the contractors give riders a best estimate of pickup time when they call to inform dispatch that they are ready to return. In each case, the scheduled time is based on a time communicated to the rider (i.e., it is similar to a “negotiated” time in systems that use “real-time” scheduling). The MBTA has established very detailed and “tight” on-time performance standards for pick-ups that appear to be consistent with the regulations. There are, however, no performance standards or contract incentives and penalties related to on-time arrivals. As noted later in this report, on-time arrivals appear to be a significant service issue. Therefore, it is strongly recommended that the MBTA develop an on-time arrival performance standard. This standard should be applied as part of the current contracts. Incentives and penalties related to on-time arrivals should be added to future service provider contracts. Travel Times The USDOT regulations state that a type of capacity constraint considered discriminatory includes “any operational pattern or practice that significantly limits the availability of service to ADA paratransit eligible persons.” Part i(C) of this section notes that one such pattern or practice is a “substantial number of trips with excessive trip lengths.” “Excessive trip lengths” are not defined in the regulations. Establishing this standard is a local matter. THE RIDE service provider contracts contain the following requirements regarding travel time: “No passenger shall be kept on board for more than sixty (60) minutes, except for transfers (limit 60 minutes per area) unless factors influencing the ride time are beyond the control of the Contractor. If the ride time on the most direct route would be in excess of thirty (30) minutes, the actual ride time shall not exceed twice the time required on the most direct route. This standard may be relaxed at the direction of the MBTA.” This travel time standard appears to be consistent with the regulatory requirement. Phone Service The USDOT’s ADA regulations states that “Any operational pattern or practice that significantly limits the availability of service to ADA paratransit eligible persons” can be considered a “capacity constraint.” In recent assessments of ADA paratransit compliance conducted by the Federal Transit Administration, long telephone hold times, busy signals and other telephone access problems have been considered types of “operational practices” that fall under this general regulatory requirement. Currently, it does not appear that the MBTA has established a phone performance standard. Contracts with service providers require that adequate staffing be available to operate all aspects of the service, but specific standards for what level of phone service is acceptable do not appear to be included. It is recommended that the MBTA work with the AACT and the disability community to establish telephone performance standards. These standards should ideally establish a maximum hold time and a goal for the percentage of calls that should be under this maximum hold time. The standard should apply to calls to both the reservations line as well as the dispatch (“Where’s my ride?”) line. We would suggest that a maximum of five minutes on hold and a goal of achieving this 95% of the time might be a good beginning point for discussion. Eligibility Determination The USDOT’s ADA regulations requires that all transit entities that provide complementary paratransit service also have a process for determining who is “ADA paratransit eligible.” Specific criteria for what makes a person eligible for paratransit are included in the regulation. Simply stated, these criteria indicate that persons with disabilities are ADA paratransit eligible if, because of their disability, they:
As these regulatory criteria suggest, riders can be eligible for some trips (e.g., where the bus route they need to use for a trip is not accessible), and be ineligible for other trips where routes are accessible, they can get to and from stops, and can navigate the system. The eligibility determination process must meet several regulatory requirements. These include:
The evaluation found that the process used by the MBTA to determine ADA paratransit eligibility appears to meet ADA requirements. One procedural item was noted, however. If applications are submitted that are incomplete (e.g., the professional verification information is not included), and if these applications remain incomplete after 21 days and after MBTA notice to the applicant requesting the additional information, the current practice is to deny the application. Sending a denial letter when the application really is incomplete and there really is no firm information one way or the other on the applicant’s true eligibility could be misunderstood by the applicant, who might interpret the letter to mean that a determination has in fact been made and they are not eligible. It is recommended that these letters be revised to indicate that the applicant is incomplete and is therefore not being processed. Level of Assistance Provided The regulations states that “complementary paratransit service for ADA paratransit eligible persons shall be origin-to-destination service.” The “Interpretive” appendix to the regulations (Appendix D) explains that “origin-to-destination service” can be interpreted as either curb-to-curb or door-to-door service. It then states that “The local planning process should decide whether, or in what circumstances, the service is to be provided as door-to-door or curb-to-curb service.” (Federal Register, Vol. 56, No. 173, page 45748). Recent FTA guidance has indicated that if a base level of curb-to-curb service is provided, door-to-door assistance must also be provided as needed to ensure that riders are able to get from their origin to their destination. The vendor contracts specify that “door-to-door” service is to be provided in all cases. Specifically, assistance is to be provided to riders “from the threshold of the main building entrance of the customer’s point of origin to the threshold of the main building entrance of the passenger’s destination.” Assistance is provided to riders who use wheelchairs (The RIDE Guide specifies “manual” wheelchairs) up or down a maximum of one step or curb. Assistance is provided up or down “several steps” for riders who are ambulatory. The current policy regarding rider assistance meets the regulatory requirement. We also feel that the MBTA’s decision to provide door-to-door assistance in all cases is the preferred method of operation for this type of service. Employee Training The USDOT’s ADA regulations states that: “Each public or private entity which operates a fixed route or demand responsive system shall ensure that personnel are trained to proficiency, as appropriate to their duties, so that they operate vehicles and equipment safely and properly assist and treat individuals with disabilities in a respectful and courteous way, with appropriate attention to the differences among individuals with disabilities.” Service provider contracts include detailed employee training requirements. These requirements call for “sensitivity training,” “customer assistance procedures,” as well as for testing to ensure that trainees have “retained a knowledge of all essential elements of the curriculum, and demonstrate all skills necessary to perform their duties.” The contracts indicate that all materials to be used by contractors must be approved by the MBTA and indicate that acceptable material for sensitivity training includes the University of Wisconsin, Milwaukee’s (UW-M) “Passenger Assistance Training to Proficiency” materials. Sample training material also has been developed by the MBTA to assist all vendors in meeting contractual obligations. The contracts require training for drivers as well as administrative personnel. Training for administrative personnel must include “phone decorum and sensitivity to the needs of customers with disabilities.” Again, testing of trainees is required to ensure training “to proficiency.” Current THE RIDE employee training appears to be consistent with regulatory requirements. However, to further strengthen current practices it is recommended that people with various types of disabilities be included in the actual training. Doing so has been shown to be effective in other transit systems. We would recommend that the MBTA include this as a formal requirement in the training section of contracts. Use of Securement Systems The USDOT’s ADA regulations establish several requirements related to use of securement systems. These include:
Vendor contracts appear to include most of these requirements. It is recommended that the MBTA consider adding more detailed information in contracts to address:
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