Notes for Comments On Proposed DOT Regs for Over the Road Buses
from ADAPT
The regulations for Over the Road Buses (like Greyhound buses and tour =
buses) are finally out. Generally they are pretty good. BUT they are =
under heavy attack from the bus industry. Greyhound and the other bus =
companies are still trying to say they can serve people with =
disabilities with a few accessible buses running around the country. =
You know better, and you need to tell DOT to stay strong! Your letter, =
in your own words, commenting on these proposed regulations is needed!
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COMMENTS ARE DUE BY MAY 26, 1998. Below is an outline to help you write
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your own comments. PLEASE DO NOT JUST COPY AND SEND THIS OUTLINE. You =
can write about the points you want to and be sure to add your personal =
experiences. This is what made us win so far. =20
=20
Purchase or lease of new OTRBs
ADAPT strongly supports DOT requiring that all new OTRBs purchased or =
leased be readily accessible to and usable by people with disabilities =
including people who use wheelchairs. This is the most important aspect
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of these regulations. Without this, people with disabilities who have =
trouble with stairs -- including people who use wheelchairs -- will not =
be served in any consistent, safe manner. These companies had over =
seven years to come up with alternatives and they have completely failed
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to do so. The current lack of access to these buses is a major gap in =
the civil rights provisions of the Americans with Disabilities Act.=20
On-call buses and/or a pool of accessible buses sounds good at first =
blush, but such a system would really wind up working. Look at =
Greyhound's current service through their ADA Reservation Line.
The proposal to make the delivery date instead of the order date the =
deadline for starting to put in lifts is great. This is an excellent =
way to make up for the delay from when the regs were supposed to be =
written. Also since these companies have had many extra years to become =
accessible, they have had plenty of additional preparation time for =
ordering accessible over the road buses.
Fleet accessibility requirements for fixed route
It is very important to have final deadlines by when the fleets of the =
OTRB companies must be fully accessible. DOT should make the deadlines
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of four years for 50% of the fleet to be accessible and 10 years for =
full accessibility of the fleet for fixed route systems. The OTRB =
industry has only worked to delay and prevent requirements of service =
for people with disabilities and has done little to nothing to look for =
solutions. It is hard to see why they deserve extra time now.=20
An exception for small operators needs some kind of final deadlines =
added. Extra time for these operators makes sense but they should not =
be given a completely open-ended license to avoid providing access. =
They could be given a 12 year deadline and if they can't meet this they =
should have to buy remanufactured vehicles until they meet the fleet =
access requirements. This exception should be coupled with equivalent =
service requirements such as those out lined in Section 37.105 of the =
final ADA transportation rules.=20
Fleet accessibility requirements for demand responsive
This section should be coupled with equivalent service requirements such
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as those out lined in Section 37.105 of the final ADA transportation =
rules. More specific equivalent service requirement is badly needed. =
Small demand responsive operators need deadlines for exceptions the same
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as small fixed route operators.
Service requirement for demand responsive
This section requires that within 2 years of date this subpart applies =
demand responsive OTRB companies must be able to serve a person who =
needs one with a lift equipped OTRB if the person calls 48 hours in =
advance, otherwise the company must give their best effort to serve the =
person. OTRB entities should not just be able to say "oops!" or "sorry =
about that!" In addition, there needs to be more details in the =
requirements regarding calling in for service. =20
Interim service requirements=20
This proposed section says that within two years of the date this =
subpart applies and until fixed route fleet is 100% accessible, entities
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must be able to provide a lift equipped OTRB if you call 48 hours in =
advance, or if not given that much notice they must still give their =
best effort to providing service. As mentioned above, and discussed in =
more detail below, ADAPT has concerns that the Requirements for =
48-hours-advance-notice-call-in service must be more specific.
=0C
Also, if the accessible seating is already occupied by passengers with =
disabilities and the next rider can transfer into regular seats and =
there is room in the baggage compartment for their mobility aids and =
they are willing to ride in this way -- they should be allowed to do so.
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In addition this passenger's mobility aids should be given priority =
over freight cargo.=20
Rest Stops =20
Many trips on OTRBs can cover most of a day before there is an extended =
stop. DOT must better address this issue from the perspective of the =
rider. Without requirements to allow people access to restrooms, =
wheelchair users will NOT be helped to use any restroom, since they are =
not now. OTRB entities should be required to include some alternative =
stops with accessible toilets. =20
More specifics needed in the requirements for service OTRB entities:=20
can not refuse to take passengers with disabilities.
can not enlist non-employees to help passengers with disabilities unless
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the passenger suggests it. =20
can not use Fire Departments, Volunteer Fire Departments, Emergency =
Medical Services and similar community emergency services for routine =
assistance to passengers with disabilities (in place of the entity's =
employees.)
OTRBs, especially fixed route systems, can not ask passengers with =
disabilities to reschedule their trip for the convenience of the OTRB =
entity, rather than when the passenger needed/wanted to travel.
Need to add requirements regarding telephone reservation systems
Staff must receive training which is approved by DOT to ensure:
staff are not rude or needlessly intrusive
staff call back to finish any reservations not completed in the original
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call.
the information given over the phone is passed along to the station =
personnel.
callers with hearing or speech impairments who use TTYs, TDDs, etc. get =
the same response in terms of time and results.=20
Add requirements regarding training for drivers and hands on personnel:
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Drivers, baggage handlers and other direct service employees (not just =
managers) must get training in how to assist. Need to learn how:
not to damage wheelchairs and other mobility aids when storing them.
how to treat passengers with disabilities civilly, including not making =
remarks like "people like you should not ride the bus" and "we don't =
know how to handle your kind of people."
how to assist with boarding and de-boarding so passengers with =
disabilities are not dropped or otherwise hurt.=20
how to assist passengers with disabilities without disrobing or =
partially disrobing them.
Need to add requirements regarding damage to wheelchairs & other =
equipment:
OTRB entities which damage mobility equipment should be liable for the =
full cost of replacement or repair. If the equipment is over 50% =
damaged the equipment must be replaced, since it can not really be =
repaired back to original value.
Notice of where and how to report problems.
Rules should include requirement about posting notices of how to report =
problems of compliance with the ADA on vehicles near accessible seating,
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in stations or other transit facilities, and on publications such as =
schedules and advertisements published in the next 15 years.
Advertising accessible service
OTRBs should do targeted advertising that their vehicles are accessible =
now, and they must serve people with disabilities. This requirement =
should be implemented as soon as the interim 48 hour notice service is =
available. In addition, to support this targeted advertising, OTRB =
companies should include in people with disabilities in their regular =
advertising.
send comments to: Docket Clerk, Docket No. OST-1998-3648
Department of Transportation
400 7th ST SW, Room PL-401
Washington, DC 20590
To see the full proposed regulations you can check out the ADAPT web =
page www.adapt.org or the DOT web page www.dot.gov
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