National Academies Press: OpenBook

Transit Passengers and Civil Rights (2005)

Chapter: Attachment No. 2

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Page 38
Suggested Citation:"Attachment No. 2." National Academies of Sciences, Engineering, and Medicine. 2005. Transit Passengers and Civil Rights. Washington, DC: The National Academies Press. doi: 10.17226/23306.
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Page 38
Page 39
Suggested Citation:"Attachment No. 2." National Academies of Sciences, Engineering, and Medicine. 2005. Transit Passengers and Civil Rights. Washington, DC: The National Academies Press. doi: 10.17226/23306.
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Page 39
Page 40
Suggested Citation:"Attachment No. 2." National Academies of Sciences, Engineering, and Medicine. 2005. Transit Passengers and Civil Rights. Washington, DC: The National Academies Press. doi: 10.17226/23306.
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Page 40

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39 Attachment No. 2 (Policy and SOP Re: Service Animals) Service animals, such as guide dogs, may accompany persons with disabilities in the vehicles operated by or for the [AGENCY] if the animal is on a lead that does not interfere with other passengers on the bus and the animal is under the constant supervision and control of the person with disabilities. A service animal is any guide dog, signal dog or other animal individually trained to work or perform tasks for an individual with a disability including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to sounds, providing minimal protection or rescue work, pulling a wheelchair or fetching dropped items. While riding in a vehicle, the animal is required to sit or stand on the floor of the vehicle and may not block the aisle. If the animal misbehaves, the customer will be asked to remove the animal from the vehicle. If there are multiple occurrences of misbehavior, the animal's riding or entry privileges may be revoked. Examples of misbehavior include unprovoked growling or attacking passengers, the bus driver, other [AGENCY] employees or other service animals. Customers are required to notify the reservationists that an animal will be accompanying them when they reserve their ride. STANDARD OPERATING PROCEDURE – AMERICANS WITH DISABILITIES ACT [NAME OF] BUS TRANSPORTATION To establish procedures for Bus Operators to follow in providing service to customers with disabilities in compliance with the Americans with Disabilities Act. Department of Transportation Final Rule (Federal Register, September 6, 1991) District "Service Animal Policy" revised May 1996. SUPERSEDES: S.O.P. D-32 dated 12-03-97 Service Animals – "Any guide dog, signal dog, or other animal individually trained to work or perform tasks for an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to

40 sounds, providing minimal protection or rescue, pulling a wheelchair, or fetching dropped items." Common Wheelchair - Three or four-wheeled device which does not exceed 30 inches in width and 48 inches in length and does not, with operator, exceed 600 lbs. RESPONSIBILITIES: Operators shall follow the appropriate procedures in this S.O.P. at all times. Operators shall report immediately to Radio Control any failure of a lift, ramp, kneeler, or public address either in the yard during the required daily pre-trip inspection or in service. Operators must immediately inform Radio Control of any inability to accommodate a disabled customer desiring access to a bus. Radio Controllers shall discuss given situations with the Operators when called on the radio. If an Operator reports an inability to pick up a disabled customer, Radio Controllers will monitor the situation to ensure that, as required, alternative transportation is available. Radio Controllers will advise the Operator of the service to be provided so the Operator can inform the customer. A. General - A.D.A. Service 1. [AGENCY] must be made available and accessible to customers with disabilities. 2. [AGENCY] must “...properly assist and treat customers in a respectful and courteous way, with appropriate attention to the differences among customers with disabilities.” 3. Disabled customers who have in their possession a respirator or portable oxygen tank are allowed to ride in an [AGENCY] vehicle. 4. [AGENCY] shall ensure that adequate time is given to customers with disabilities to complete boarding or disembarking from vehicle 5. Service animals, such as dog guides, may accompany persons with disabilities if the animal is on a lead, and is under the constant supervision and control of the person with disabilities. The animal does not have to be muzzled, but is required to sit or stand on the floor of the bus and must not block the aisle. If a service animal misbehaves, operators should consult Dispatch. Operators have the right to request that the owner and offending animal disembark. 6. It is District policy, as provided by the Americans with Disabilities Act, that mobility devices be secured using the securement system available. If the customer will not allow the Operator to attempt securement, the Operator shall refuse service. If the customer will not de-board, the Operator shall call Radio Control. 7. Operators may not deny service on the grounds that the mobility device cannot be secured satisfactorily by the vehicle's securement system.

41 8. Operators must leave the decision about whether to transfer to a seat to the customer. They may inform the customer about risks and make a suggestion, but must respect the customer's decision. 9. Operators are to lower the kneeler for disabled and senior customers when it is apparent the lowered bus would be safer and/or convenient for the customer; or, when requested by the customer. 10. Customers with disabilities who cannot climb steps must be permitted to use lifts and ramps. 11. Customers requiring a ramp or lift shall board first after on-board passengers have exited. Walk-in passengers will then be allowed to board. Customers needing the ramp or lift should exit last after on-board customers have exited.

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TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 20: Transit Passengers and Civil Rights examines how measures used by transit agencies to protect transit passengers intersect with constitutionally protected rights.

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