Provision of Alternative Services by Transit Agencies: The Intersection of Regulation and Program (2023) / Chapter Skim
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Pages 80-85
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From page 80... ...
. The agreement requires that the MBTA provide a "reasonably comparable" response time for ADA paratransit riders needing a WAV and further states the transit agency has met this requirement with a documented average wait time for a WAV trip of 13 minutes after revisions were made to the pilot's provision of WAV service (more information on the MBTA's alternative service for ADA paratransit riders is in the MBTA case study in Appendix A)
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From page 81... ...
that while Title VI applies to partnerships when federal funding is used, it encourages its funding recipients to keep the spirit of Title VI in mind when designing partnerships with TNCs." Does Title VI Apply to Alternative Services? The FTA's Circular 4702.1B confirms that Title VI applies to alternative services provided by transit agencies that receive FTA funding because "the Civil Rights Restoration Act of 1987 clarified the broad, institution-wide application of Title VI." Specifically, Title VI applies to "all of the operations of covered entities," which includes public transit agencies, "without regard to whether specific portions of the covered program or activity are federally funded." Such an "activity" would include a transit agency's alternative service, regardless of the source of funding for the alternative service.
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From page 82... ...
The taxicab exception does not apply when a passenger does not choose the taxicab company providing the service. For example, many ADA paratransit agencies contract with taxicab companies and other entities to provide ADA paratransit service to ambulatory passengers.
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From page 83... ...
Specifically, the FTA's guidance states: "Apart from that exception, if a transit agency subsidizes ridesourcing services, the transit agency must either design the service such that the taxicab exception applies or incorporate the ridesourcing company drivers into the drug and alcohol program." FTA 2018 FTA guidance further states that if a transit agency contracts with two or more ridesourcing companies and one (or more) taxi company(ies)
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From page 84... ...
. Alternative services by definition are services a transit agency provides via an agreement with a provider and therefore can be considered pur chased.
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From page 85... ...
. Purchased taxi service may be operated with nondedicated vehicles, such as is done for an alternative service, or taxi service may provide dedicated ADA paratransit service for a transit agency, in which case it is reported in the third category, PT.
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