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COMMITTEE FOR TRANSIT ACCESSIBILITY

Wednesday, June 10, 2015

1:00 PM

VTA Auditorium 3331 North First Street San Jose, CA

AGENDA

CALL TO ORDER

1. ROLL CALL

2. ORDERS OF THE DAY - Approve the Consent Agenda

3. INTRODUCTION OF AUDIENCE MEMBERS

4. PUBLIC PRESENTATIONS:

This portion of the agenda is reserved for persons desiring to address the Committee on any matter not on the agenda, within the Committee’s jurisdiction. Speakers are limited to 2 minutes. The law does not permit Committee action or extended discussion on any item not on the agenda except under special circumstances. If Committee action is requested, the matter can be placed on a subsequent agenda. All statements that require a response will be referred to staff for reply in writing.

5. Receive the Board of Directors Report. (Verbal Report)

6. Receive update on Envision . (Verbal Report) (Haywood)

CONSENT AGENDA

7. Approve the Regular Meeting Minutes of April 8, 2015.

8. INFORMATION ITEM - Receive the Chief Operating Officer's Report.

9. INFORMATION ITEM - Receive the FY 2015 Third Quarter Transit Operations Performance Report.

3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 Santa Clara Valley Transportation Authority Committee for Transit Accessibility June 10, 2015 REGULAR AGENDA

10. INFORMATION ITEM - Receive US Department of Transportation’s Reasonable Modification of Policies and Practices for Persons with Disabilities Final Rule and VTA/OUTREACH Paratransit Rider’s Guide update.

11. INFORMATION ITEM - Receive a report on operation of Bus Rapid Transit (BRT) and dedicated lane section. (Verbal Report)

12. INFORMATION ITEM - Receive information on the approach to implementing the Subscription/Demand Response Bus Pilot Project.

13. PRESENTATION - Receive OUTREACH’s Presentation on Veteran’s Transportation and Community Living Initiative (VTCLI) Grant.

14. INFORMATION ITEM - Receive Workplan update.

REPORTS

15. Receive the Committee Staff Report. (Verbal Report)

16. Receive the Citizens Advisory Committee/Citizens Watchdog Committee Report. (Verbal Report)

17. Receive the Chairperson's Report. (Verbal Report)

OTHER

18. ANNOUNCEMENTS

19. ADJOURN

The Consent Agenda items may be voted on in one motion at the beginning of the meeting under Orders of the Day. If you wish to discuss any of these items, please request the item be removed from the Consent Agenda under Orders of the Day - Agenda Item #2.

In accordance with the Americans with Disabilities Act (ADA) and Title VI of the Civil Rights Act of 1964, VTA will make reasonable arrangements to ensure meaningful access to its meetings for persons who have disabilities and for persons with limited English proficiency who need translation and interpretation services. Individuals requiring ADA accommodations should notify the Board Secretary’s Office at least 48-hours prior to the meeting. Individuals requiring language assistance should notify the Board Secretary’s Office at least 72-hours prior to the meeting. The Board Secretary may be contacted at  (408) 321-5680 or  [email protected] or  (408) 321-2330 (TTY only). VTA’s home page is www.vta.org or visit us on www.facebook.com/scvta.  (408) 321-2300: 中文 / Español / 日本語 / 한국어 / tiếng Việt / Tagalog.

Page 2 Santa Clara Valley Transportation Authority Committee for Transit Accessibility June 10, 2015 All reports for items on the open meeting agenda are available for review in the Board Secretary’s Office, 3331 North First Street, San Jose, , (408) 321-5680, the Monday, Tuesday, and Wednesday prior to the meeting. This information is available on VTA’s website at http://www.vta.org and also at the meeting.

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COMMITTEE FOR TRANSIT ACCESSIBILITY Wednesday, April 8, 2015

1:00 PM

MINUTES CALL TO ORDER

The Regular Meeting of the Committee for Transit Accessibility (CTA) was called to order at 1:04 p.m. by Chairperson Morrow in the Auditorium, Building A, Santa Clara Valley Transportation Authority (VTA), 3331 North First Street, San José, California.

1. ROLL CALL

Attendee Name Title Status Cam Acker Member Present Roseryn Representative/ Board Member Kalra Present Bhudsabourg CTA Ex-Officio Kathy Bonilla Member Present Christine Fitzgerald Member Present Katie Heatley Ex-Officio Member Present Troy Hernandez Member Absent Jeffery Jokinen First Vice Chairperson Present Lupe Medrano Member Present Laura Michels Member Absent Aaron Morrow Chairperson Present Lechi Nguyen Member Present David Robinson Member Present Mark Romoser Member Present Larry Saltman Member Absent Dilip Shah Member Present Barbara Stahl Member Absent Chaitanya Vaidya Member Present Lori Williamson Member Present

A3B quorum was present.

4B 2. ORDERS OF THE DAY – Approve the Consent Agenda. Chairperson Morrow noted staff’s request to move Item #16., VTA's Americans with Disabilities Act (ADA) Self-evaluation, to the beginning of the Regular Agenda and his request to remove Agenda Item #12.,Transit Operations Performance Report - FY2015 2nd Quarter, from the Consent Agenda and place it on the Regular Agenda. M/S/C (Medrano/Bonilla) to approve the Orders of the Day and the Consent Agenda, as amended. NOTE: M/S/C MEANS MOTION SECONDED AND CARRIED AND, UNLESS OTHERWISE INDICATED, THE MOTION PASSED UNANIMOUSLY.

3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300

3. INTRODUCTION OF AUDIENCE MEMBERS Camille Williams, Accessible Services Manager; Suzy Choi-Lee, HR Analyst; Heba Tawadross, HR Analyst; Elaine Baltao, Board Secretary; Stephen Flynn, Advisory Committee Coordinator; Mohamed Basma, Consultant - Deputy Project Manager- Transit; Patrick Griffin, Manager, Public Affairs and Customer Information; Jolene Bradford, Public Communications Specialist; Scott Haywood, Transportation Planning Manager; Martin Barna, Transit Services Development Supervisor; and David Ledwitz, Management Analyst.

Chairperson Morrow introduced new Committee member, Christine Fitzgerald and welcomed her to the Committee. 4. PUBLIC PRESENTATIONS There were no Public Presentations.

3. Election of Committee's Chairperson, First Vice Chairperson and Second Vice Chairperson Stephen Flynn, Advisory Committee Coordinator, provided a brief overview of the voting process. Member Vaidya provided a brief report from the nominations subcommittee noting that Members Morrow, Jokinen, and Vaidya expressed interest in serving. M/S/C (Vaidya/Morrow) to close nominations and elect Aaron Morrow to serve as Committee Chairperson for 2015. M/S/C (Vaidya/Morrow) to close nominations and elect Jeffery Jokinen to serve as Committee First Vice Chairperson for 2015. M/S/C (Vaidya/Morrow) to close nominations and elect Chaitanaya Vaidya to serve as Committee Second Vice Chairperson for 2015.

6. Board of Directors Report There was no report from the Board of Directors.

General Manager’s Report Nuria I. Fernandez, General Manager, provided a report highlighting: 1) successful service to Avaya Stadium for the first official San Jose Earthquakes soccer game; 2) successful service to Levi’s Stadium for WrestleMania 31; 3) production of “Your Silicon Valley Transit Guide”, which highlights areas in Silicon Valley and how to visit them using the transportation system; 4) Distribution of the “Your Silicon Valley Transit Guide” to local hotels and tourism centers and; 4) Human Trafficking Awareness Training at Cerone yard; 5) American Public Transportation Association (APTA) trip to Washington, DC; 6) April 9, 2015, Stand Up 4 Transportation Rally to support transportation funding; 7) Ridership Growth Plan; 8) announced the April 22, 2015, Joint Advisory Committee Workshop on the Draft Environmental Impact Report for the El Camino Bus Rapid Transit (BRT); and 9) announced the May 12, 2015, Draft Biennial Budget Joint Advisory Committee Workshop.

Committee for Transit Accessibility Minutes Page 2 of 6 April 8, 2015

The Committee discussed the following: 1) Human Trafficking at Superbowl 50; 2) contributions to Moving Ahead for Progress in the 21st Century Act (MAP-21) funds; 3) Outreach facility tour; and 4) suggested VTA staff research a low-income pass program. Chairperson Morrow noted VTA offers the Low Income Flexible Transportation (LIFT) program but requested staff research providing a pass benefitting the whole population. Ex-Officio Member Heatley thanked staff for providing assistance to Outreach at the WrestleMania event. Member Shah requested additional bus service be provided to hospitals and suggested lowering the requirement age for senior passes to 58. Member Nguyen requested more information on Human Trafficking be given to the community. Ms. Fernandez indicated she would reach out to Santa Clara County (County) to make the information readily available.

7. Envision Silicon Valley Update Scott Haywood, Transportation Planning Manager, reviewed the draft goals and principles provided to the Committee. Member Romoser commented that disabled persons are listed in the principles but not in the goals. Ex-Officio Member Heatley provided a fact sheet regarding senior and disabled transportation that were a part of the measures in the last few years, noting what has been popular and what has made sense.

CONSENT AGENDA

8. Regular Meeting Minutes of June 11, 2014 M/S/C (Medrano/Bonilla) to approve the Regular Meeting Minutes of June 11, 2014.

9. Regular Meeting Minutes of October 8, 2014 M/S/C (Medrano/Bonilla) to approve the Regular Meeting Minutes of October 8, 2014.

10. Regular Meeting Minutes of January 14, 2015

M/S/C (Medrano/Bonilla) to approve the Regular Meeting Minutes of January 14, 2015.

11. Chief Operating Officer's Report M/S/C (Medrano/Bonilla) to receive the Chief Operating Officer’s Report.

12. (Removed from the Consent Agenda and placed on the Regular Agenda.) Receive the FY 2015 Second Quarter Transit Operations Performance Report.

Committee for Transit Accessibility Minutes Page 3 of 6 April 8, 2015

REGULAR AGENDA

The Agenda was taken out of order.

16. VTA's Americans with Disabilities Act (ADA) Self-evaluation Camille Williams, Accessible Services Program Manager, provided a brief report on the Americans with Disabilities Act (ADA) Survey. Ms. Williams introduced Susie Choi-Lee, HR Analyst, who briefly discussed the survey. The Committee discussed the following: 1) how the surveys will help; 2) bus stop maintenance and other information missing from the survey; 3) availability of the survey in different languages; 4) getting the word out that the survey is available; 5) limited internet access and making the survey available in other formats; and 6) survey deadline. Jim Unites, Deputy Director, Operations and Committee Staff Liaison, noted staff will return to the Committee to share the outcome of the survey. Member Romoser requested staff reach out to Silicon Valley Independent Living Center and other agencies in the community to let them know the survey is available. On order of Chairperson Morrow and there being no objection, the Committee received information on VTA's Americans with Disabilities Act (ADA) Self-evaluation.

13. Bus Priority Seating Patrick Griffin, Manager, Public Affairs and Customer Information, provided a brief overview of the report and a presentation, highlighting: 1) old Priority Seating Signage; new Priority Seating Signage; and 3) communicating priority seating. Mr. Unites provided context on how the item was forwarded to the Committee and noted the San Jose Senior Commission expressed concern to the Board of Directors and the Board requested the Committee look at the signage submitted by staff and provide suggestions. The Committee discussed the following: 1) problems with the issue of persons refusing to give up their seats; 2) putting signs but not being able to police riders; 3) expressed appreciation for bus and light rail drivers who assist riders with seats; and 4) types of outreach to schools. On order of Chairperson Morrow and there being no objection, the Committee received a report on Bus Priority Seating.

14. April 2015 Transit Service Changes Mr. Unites provided a brief overview of the staff report. On order of Chairperson Morrow and there being no objection, the Committee received a report on the April 2015 Transit Service Changes.

15. FY2016 and FY2017 Transit Service Plan Martin Barna, Transit Services Development Supervisor, provided a brief overview of the staff report and a presentation, highlighting: 1) FY 2016 and FY2017 Transit Service plan; 2) New “Line 11”; 3) New “Line 56”; 4) Lines 101, 102 and 103 – Stanford

Committee for Transit Accessibility Minutes Page 4 of 6 April 8, 2015

Extension; 5) New “Line 354”; 6) New BRT 522 Service; and 7) FY16-FY17 Transit Service Plan Timeline.

The Committee discussed the following: 1) impact to paratransit services in Gilroy; 2) changes in Line 51; and 3) bus frequency and how headways are calculated. Mr. Unites indicated information on how transfers work and bus frequency will be addressed at a future meeting. On order of Chairperson Morrow and there being no objection, the Committee reviewed the FY2016 and FY2017 Transit Service Plan and the recommended transit service changes.

17. Transit Center Update Mohamed Basma, Consultant - Deputy Project Manager, and Andrew Ho, Associate Transportation Engineer, provided a brief overview of the Eastridge Transit Center and a presentation, highlighting: 1) Site plan; 2) Typical bus stop shelter and stop; 3) Decision and directional tile; 4) ADA curb ramp; 5) Braille sign at each stop; 6) Windscreen/display case; 7) Bus layover area; 8) Drop off area; and 9) Emergency phone. Member Fitzgerald questioned if the dynamic signage will be verbalized. Mr. Basma indicated he will get the information and provide it to the Committee. The Committee discussed the following; 1) where paratransit vehicles will be able to park and drop-off/pick-up passengers; 2) protection from inclement weather; and 3) sufficient lighting. Mr. Unites requested staff invite Outreach do a walk-through of the site. Mr. Ho announced the official opening ceremony, scheduled for May 22, 2015. On order of Chairperson Morrow and there being no objection, the Committee received Eastridge Transit Center update.

18. Work Plan Update Mr. Unites provided a brief overview of the workplan and encouraged attendance at the Jjoint Advisory Committee Workshops. On order of Chairperson Morrow and there being no objection, the Committee received the Work Plan update.

12. (Deferred) Receive the FY 2015 Second Quarter Transit Operations Performance Report.

REPORTS

19. Committee Staff Report There was no Committee Staff Report.

Committee for Transit Accessibility Minutes Page 5 of 6 April 8, 2015

20. Citizens Advisory Committee (CAC)/Citizens Watchdog Committee (CWC) Report There was no Citizens Advisory Committee (CAC)/Citizens Watchdog Committee (CWC) Report.

21. Chairperson's Report Chairperson Morrow noted the following: 1) he would not be in attendance at the April Joint Advisory Committee Workshop and requested the vice chairpersons attend in his stead; 2) a subcommittee is being formed to take a look at the Committee’s quorum issues and probable solutions will be presented to the committee; and 3) requested the Ridership Report be included on a future agenda. Ex-Officio Member Heatley suggested focusing on what is and is not working and noticing what is outstanding on another system. Member Romoser expressed interest in having a rider’s guide for direction to places of interest using transit.

OTHER

22. ANNOUNCEMENTS There were no Announcements.

23. ADJOURNMENT On order of Chairperson Morrow and there being no objection, the meeting was adjourned at 2:57 p.m.

Respectfully submitted,

Menominee L. McCarter, Board Assistant VTA Office of the Board Secretary

Committee for Transit Accessibility Minutes Page 6 of 6 April 8, 2015 8

Date: June 1, 2015 Current Meeting: June 10, 2015 Board Meeting: N/A

BOARD MEMORANDUM

TO: Santa Clara Valley Transportation Authority Committee for Transit Accessibility

THROUGH: General Manager, Nuria I. Fernandez

FROM: Chief Operating Officer, Michael A. Hursh

SUBJECT: Chief Operating Officer's Report

FOR INFORMATION ONLY

BACKGROUND:

The Chief Operating Officer provides the Committee for Transit Accessibility (CTA) with an update on items of relevance to the CTA at each monthly meeting. In keeping with Chairperson Aaron Morrow’s request to have agenda items in writing and in the agenda packet, we will make every effort possible to comply with his request. Since this report is timely and reflects up-to-the minute information a written report for the agenda packet may not always be available.

DISCUSSION:

Events that have occurred since April 2015:

Mountain View Double Track Project

The Mountain View double Track Project is a light rail efficiency project that will eliminate a bottle neck section on the light rail system. 4400 feet of track between Mountain View Station and Whisman Station will be installed. The project also includes the installation of a 900 feet pocket storage track. The work is being built in two phases with some weekend shutdowns. During the shutdowns a bus bridge is operated between the effected stations. The total project cost is $63 million and is expected to be complete by December 31, 2015, in time for Super Bowl 50.

3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 8

Rail Rodeo

Yes, a Rodeo – you read that correctly. VTA had its own rodeo on Saturday May 16, but with no bucking broncos or calf roping contests. VTA’s version is all about the rail system: operators and maintenance staff competing against one another, via a series of skill challenges at the Light Rail Yard in San José. Approximately 200 co-workers, family and friends witnessed first-hand as 17 operators and 11 maintenance staff members demonstrated the skills needed to keep the VTA's light rail running safely and on time.

Qualifying winners will represent VTA at the 2015 International Rail Rodeo June 17-21 in Salt Lake City, Utah.

The winners in each category are as follows:

Place Operators Maintenance 1 Harsvinder Dhaliwal Michael Rudometkin 2 Hossein Ramirez Aristero Canales III 3 Kuljinder Bath Rodante Sagisi

Winning Operators with General Manager, Nuria Fernandez

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Walk, Ride, Bike or Carpool – Get fit, Save Gas, Save the Environment

Bike to Work Day

May 14, 2015 marked the annual Bike to Work challenge. 45 of VTA employees congregated at the Downtown Customer Service Center at 7:30 a.m. to begin the bike trek to VTA’s administrative offices on First Street at River Oaks. The group rode a few blocks south on W. Santa Clara Street where they merged onto the . From there, they followed the scenic trail all the way to the River Oaks campus.

Dump the Pump Challenge

It’s almost summer and the weather is heating up (on most days!) What better way is there to get fit and make your contribution to reducing traffic congestion and improving air quality than commuting using an alternate mode of transportation?

In the spirit of National Dump the Pump Day on Thursday, June 18, VTA is encouraging all staff to either ride public transit, bike, carpool, or walk to work during the entire month of June. Participating employees will log all commute trips into the 511.org Trip Diary and will qualify for prizes and recognition based on their level of participation.

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Prepared By: Steve Johnstone Memo No. 4977

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Date: May 12, 2015 Current Meeting: June 10, 2015 Board Meeting: N/A

BOARD MEMORANDUM

TO: Santa Clara Valley Transportation Authority Committee for Transit Accessibility

THROUGH: General Manager, Nuria I. Fernandez

FROM: Chief Operating Officer, Michael A. Hursh

SUBJECT: Transit Operations Performance Report - FY2015 Third Quarter

FOR INFORMATION ONLY

BACKGROUND:

The FY 2015 Third Quarter Transit Operations Performance Report presents the third fiscal quarter's Year-To-Date (July 2014-March 2015) key performance information for VTA Operations. This report is routinely produced after each quarter and at the end of the fiscal year. A summary of the FY 2015 Third Quarter Transit Operations Performance Report follows.

Ridership (page 9 of the report)

Bus ridership through the first nine months of FY2015 totaled 24.22 million, a 0.2% decrease compared to the same period of the previous fiscal year. Average weekday ridership was 105,216, down 0.5% compared to FY2014’s third quarter.

Light rail ridership recorded 8.58 million boardings through the third quarter of FY2015, an increase of 5.2% compared to the prior fiscal year. Average weekday ridership was 35,368, up 1.7% from the same period last year.

Overall, system ridership (bus and rail) was up 1.2%. Overall average weekday ridership stayed flat. It was 140,536 last year and 140,584 this year. However, it may be noted that the last two months of the third quarter recorded ridership growth with average weekday ridership up by 1.4%.

Special Event Service

This is the third quarter of events and service to Levi’s Stadium and the first quarter of service to the new Avaya Stadium. A total of 19 stadium events have been recorded through the Fiscal year’s 3rd quarter. Events at Levi’s Stadium included an outdoor San Jose Sharks game and

3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 9

Wrestlemania, which was considered an excellent preparation for Super Bowl 50 in 2016. Total event ridership for these two events far exceeded averages for Levi’s Stadium and totaled 55,610, an average of 27,805 per event. Overall, Levi’s stadium has contributed significantly to ridership increases especially during the weekends with a total of 313,271 riders from the 17 events and an average of 18,428 riders. Express bus service ridership to Avaya Stadium averaged 1,334 riders with a total of 2,668 riders from the two events.

Details of the events are as follows:

Year Month Riders (Levi’s) 2014 August 56,174 2014 September 53,448 2014 October 38018 2014 November 55,083 2014 December 54,938 2015 February 31,948 2015 March 23,662

Year Month Riders (Avaya) 2015 February 807 2015 March 1,861

Key Performance Indicators (page 8 of the report)

Service reliability performance for the system (both bus and light rail) in the third quarter of FY2015 was 99.65%. Bus on-time performance was 85.2%, down slightly from 85.5% last year. Light rail on-time performance was 77.6%, an improvement compared to 76.7% last quarter, but down from last year’s 85.3%.

Bus recorded 9,268 miles between major mechanical schedule losses, down 9.4 % compared to the same period in FY 2014, but exceeding the goal of 8,000 miles between major mechanical schedule losses. Light rail recorded 21,327 miles between major mechanical schedule losses, down 44.8% compared to FY 2014’s third quarter, and did not meet the goal of 40,000 miles.

Absenteeism goals were met in all categories except Way, Power, and Signal staff.

Paratransit (page 22 of the report)

Through the first nine months of FY 2015, total paratransit passenger trips were 538,915, a 0.8% decrease compared to last year. The number of active riders decreased by 7.5% compared to last year. The fiscal year-to-date passengers per revenue hour rate of 2.6 exceeds the goal of 2.4.

At the end of March 2015, Fiscal Year to date, net cost per passenger trip, including eligibility

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program expenses, was $23.95. This net cost per trip is 5.0% higher than last year at this time, but is 10.5% below the paratransit net cost per trip performance goal of $26.75. This increase is primarily due to the vendor’s contractual rate increase that took effect July 1, 2014, staffing expense increases and hardware and software training.

OUTREACH is meeting all contractually established performance measures.

Inter-Agency Partners and Contracted Services (page 10 of the report)

All of VTA’s Inter-agency partners and contracted services, except Dumbarton Express and Monterey-San Jose Express, showed increased ridership results for FYTD 2015 through March 2015 as follows:

 Dumbarton Express ridership was 234,776, down 1.6%.  Highway 17 Express ridership was 280,834, up 4.3%.  Monterey-San Jose Express ridership was 23,074, down 0.2%.  ACE ridership was 891,791, up 11.3%.  Caltrain ridership was 13.6 million, up 9.2%.  ACE shuttle ridership was 311,244, up 11.1%.

Prepared By: Lalitha Konanur Memo No. 4763

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Transit Operations Performance Report

2015 Third Quarter Report (July 1, 2014-March 31, 2015) 9.a

Transit Operations Performance Report

Second Quarter FY 2015 Report (July 1, 2014 – March 31, 2015) 9.a

Santa Clara Valley Transportation Authority FY 2015 Third Quarter Transit Operations Performance Report

TABLE OF CONTENTS page

Executive Summary Summary of Performance 1 Event Highlights 3

Key Performance Indicators 8

Ridership Summary 9

Route Performance

Route details 10 Boardings Per Revenue Hour 11 Average Peak Load (Express) 15 Route Productivity 16 Paratransit Operating Statistics 22

Glossary

Prepared by: Operations Analysis, Reporting & Systems 9.a

Executive Summary 9.a

SANTA CLARA VALLEY TRANSPORTATION AUTHORITY SUMMARY OF PERFORMANCE FY 2015 Third Quarter Transit Operations Performance Report

Ridership (page 9 of the report)

Bus ridership through the first nine months of FY2015 totaled 24.22 million, a 0.2% decrease compared to the same period of the previous fiscal year. Average weekday ridership was 105,216, down 0.5% compared to FY2014’s third quarter.

Light rail ridership recorded 8.58 million boardings through the third quarter of FY2015, an increase of 5.2% compared to the prior fiscal year. Average weekday ridership was 35,368, up 1.7% from the same period last year.

Overall, system ridership (bus and rail) was up 1.2%. Average weekday ridership stayed flat. It was 140,536 last year and 140,584 this year.

Special Event Service

This is the third quarter of events and service to Levi’s Stadium and the first quarter of service to the new Avaya Stadium. A total of 19 stadium events have been recorded through the Fiscal year’s 3rd quarter. Events at Levi’s Stadium included an outdoor San Jose Sharks game and Wrestlemania, which was considered an excellent preparation for Super Bowl 50 in 2016. Total event ridership for these two events far exceeded averages for Levi’s Stadium and totaled 55,610, an average of 27,805 per event. Express bus service ridership to Avaya Stadium averaged 1,334 riders from the two events.

Key Performance Indicators (page 8 of the report)

Service reliability performance for the system (both bus and light rail) in the third quarter of FY2015 was 99.65%. Bus on-time performance was 85.2%, down slightly from 85.5% last year. Light rail on-time performance was 77.6%, an improvement compared to 76.7% last quarter, but down from last year’s 85.3%.

Bus recorded 9,268 miles between major mechanical schedule losses, down 9.4 % compared to the same period in FY 2014, but exceeding the goal of 8,000 miles between major mechanical schedule losses. Light rail recorded 21,327 miles between major mechanical schedule losses, down 44.8% compared to FY 2014’s third quarter, and did not meet the goal of 40,000 miles.

Absenteeism goals were met in all categories except Way, Power, and Signal staff.

Paratransit (page 22 of the report)

Through the first nine months of FY 2015, total paratransit passenger trips were 538,915, a 0.8% decrease compared to last year. The number of active riders decreased by 7.5% compared to last year. The fiscal year-to-date passengers per revenue hour rate of 2.6 exceeds the goal of 2.4.

1 9.a

At the end of March 2015 (Fiscal Year to Date), net cost per passenger trip, including eligibility program expenses, was $23.95. This net cost per trip is 5.0% higher than last year at this time, but is 10.5% below the paratransit net cost per trip performance goal of $26.75. This increase is primarily due to the vendor’s contractual rate increase that took effect July 1, 2014, staffing expense increases, hardware and software training.

OUTREACH is meeting all contractually established performance measures.

Inter-Agency Partners and Contracted Services (page 10 of the report)

All of VTA’s Inter-agency partners and contracted services, except Dumbarton Express and Monterey-San Jose Express, showed increased ridership results for FYTD 2015 through March 2015 as follows:

• Dumbarton Express ridership was 234,776, down 1.6%. • Highway 17 Express ridership was 280,834, up 4.3%. • Monterey-San Jose Express ridership was 23,074, down 0.2%. • ACE ridership was 891,791, up 11.3%. • Caltrain ridership was 13.6 million, up 9.2%. • ACE shuttle ridership was 311,244, up 11.1%.

2 9.a

SANTA CLARA VALLEY TRANSPORTATION AUTHORITY EVENT HIGHLIGHTS FY 2015 Third Quarter Transit Operations Performance Report (July 1, 2014 to March 31, 2015)

This section shows events that can affect normal service operations and system ridership. Ridership historically follows unemployment trends in the Valley, for example. Weather, public events, strikes, traffic, construction, new service, area gasoline prices, and other changes to our operating environment also affect system ridership and service conditions.

July 4, 2014 – Due to the fireworks event in , VTA light rail service was extended to 11:30 p.m.

July 7, 2014 – VTA quarterly service changes are implemented. One major change adds Saturday service every 15 minutes from 9:00 a.m. to 6:00 p.m. for Line 323.

July 25, 2014 – Spare the Air Day.

July 30, 2014 – PG&E Flip the Switch Day declared due to high temperatures.

July 2014 – Service changes and reroutes were in effect due to the Morgan Hill Cruise’n Show and Parade, The Rotary Centennial Fireworks Show in San Jose, Sunnyvale Music in the Market, the Thursday Night Live Summer Concert Series in Mountain View, and construction projects in Morgan Hill and San Jose.

July 2014 – Santa Clara County unemployment rate was 5.9%.

July 2014 – There was no measurable rainfall in July.

July 2014 – Unleaded fuel averaged $4.06 a gallon.

August 1, 2014 – Spare the Air Day.

August 2, 2014 – First event at Levi’s Stadium – Major League Soccer – San Jose Earthquakes vs. Seattle Sounders.

August 6, 2014 – Warren Avenue in Southern Fremont reopens to traffic.

August 13, 2014 – Cisco Systems announces layoffs of 6,000 workers, 900 in San Jose.

August 17, 2014 – First (pre-season) San Francisco ‘49ers football game at Levi’s Stadium.

August 24, 2014 – A 6.1 magnitude earthquake hits Napa. Caltrain service is delayed connecting to VTA for Levi’s Stadium football game due to track inspections. Local VTA service is not affected.

3 9.a

August 2014 – Service changes and reroutes were in effect due to the Thursday Night Live Summer Concert Series in Mountain View, Jazz Summer Fest in San Jose, and construction projects in Mountain View and San Jose.

August 2014 – Santa Clara County unemployment rate was 5.5%.

August 2014 – There was no measurable rainfall in August.

August 2014 – Unleaded fuel averaged $3.93 a gallon.

September 11-12, 2014 – Spare the Air Days.

September 14, 2014 – ‘49ers Opening Day at Levi’s Stadium. 9,400 attendees ride VTA to the game.

September 30, 2014 – Stevens Creek Boulevard/I-880 interchange opens.

September 2014 – Service changes and reroutes were in effect due to the South First Friday Street Market in San Jose; the Mountain View Art & Wine Festival; the Morgan Hill Auto Show; the Willow Glen Founders’ Day Parade; the National Drive Electric Week Parade in Cupertino; construction on the Santa Clara Alum Rock Bus Rapid Transit project on Alum Rock Avenue; and construction projects in Gilroy, San Jose, and Palo Alto.

September 2014 – Santa Clara County unemployment rate was 5.2%.

September 2014 – Rainfall was 200% of normal.

September 2014 – Unleaded fuel averaged $3.79 a gallon.

October 3, 2014 – Spare the Air Day.

October 5, 2014 – Regular game at Levi’s Stadium, ‘49ers vs. Philadelphia Eagles

October 10, 2014 – Cisco Systems layoffs affect 903 workers in San Jose.

October 17, 2014 – Advanced Micro Devices (AMD) announces layoffs of 7% of its workforce (approximately 710 workers).

October 24, 2014 – College football game at Levi’s Stadium, Cal Bears vs. Oregon Ducks.

October 2014 – Service changes and reroutes were in effect due to a memorial event for former San Jose Police Chief McNamara; the annual Rock & Roll Half Marathon in San Jose; parades in Gilroy, Santa Clara, and Cupertino; and various construction projects in San Jose.

October 2014 – Santa Clara County unemployment rate was 5.1%.

4 9.a

October 2014 – Rainfall was 78% of normal.

October 2014 – Unleaded fuel averaged $3.53 per gallon.

November 2, 2014 – Regular game at Levi’s Stadium, ‘49ers vs. St. Louis Rams.

November 7, 2014 – Work began on double-tracking light rail between Mountain View and Whisman stations.

November 23, 2014 – Regular game at Levi’s Stadium, ‘49ers vs. Washington Redskins.

November 9 and 25-27, 2014 – Winter Spare the Air Days.

November 27, 2014 – Regular game at Levi’s Stadium, ‘49ers vs. Seattle Seahawks.

November 28, 2014 – VTA’s Historic Holly Trolley Historic holiday service begins.

November 2014 – Service changes and reroutes were in effect due to the Morgan Hill Marathon; the annual Turkey Trot in San Jose; events at Levi’s Stadium; and construction projects in San Jose, Sunnyvale, and Palo Alto. A major gas leak in San Jose also caused disruption of service at the Downtown Customer Service Center and reroutes in downtown San Jose for several days.

November 2014 – Santa Clara County unemployment rate was 5.1%.

November 2014 – Rainfall was 93% of normal.

November 2014 – Unleaded fuel averaged $3.17 per gallon.

December 5, 2014 – PAC 12 Championship football game at Levi’s Stadium.

December 11, 2014 – Major storm hits Bay Area. VTA Lines 22, 55, 63, 522, 58, and light rail in the downtown San Jose area were affected due to flooding.

December 20, 2014 – Regular game at Levi’s Stadium, ‘49ers vs. San Diego Chargers.

December 28, 2014 – Regular game at Levi’s Stadium, ‘49ers vs. Arizona Cardinals.

December 28-29, 2014 – Winter Spare the Air Days.

December 29, 2014 – Qualcomm announces layoffs affecting more than 100 San Jose and Santa Clara workers.

December 30, 2014 – Foster Farms Bowl college football game at Levi’s Stadium.

December 2014 – Service changes and reroutes were in effect due to the Children’s Holiday Christmas Parade in Los Gatos; Christmas tree lighting event in Sunnyvale; Holiday Parade in

5 9.a

Gilroy; Hussain Day Procession in San Jose; Levi’s Stadium events; and construction projects in San Jose and Sunnyvale.

December 2014 – Santa Clara County unemployment rate was 4.5%.

December 2014 – Rainfall was 297% of normal.

December 2014 – Unleaded fuel averaged $2.86 per gallon.

January 2-12, 15-17, and 24-25, 2015 – Winter Spare the Air Days – an unprecedented 16 days.

January 5, 2015 – VTA adds hours to weekday and Saturday service and adds all-new Sunday service to Line 323.

January 5, 2015 – Google-funded Mountain View Community Shuttle begins service.

January 26, 2015 – Nine-month closure of Sierra at Lundy in San Jose begins for BART construction.

January 28, 2015 – Citrix announces 900 job cuts or 10% of its workforce.

January 2015 – Service changes and reroutes were in effect due to Levi’s Stadium events, bus stop relocations, police activity, and construction projects in San Jose and Palo Alto.

January 2015 – Santa Clara County unemployment rate was 4.7%.

January 2015 – Rainfall was 1% of normal.

January 2015 – Unleaded fuel averaged $2.57 per gallon.

February 2, 2015 – EBay and PayPal cut 2,500 jobs (7% of workforce).

February 3, 2015 – Winter Spare the Air Day.

February 4-5, 2015 – Palo Alto Transit Center closed overnight for maintenance work.

February 5, 2015 – New Eastridge Transit Center opened.

February 28, 2015 – Avaya Stadium opening event and VTA Express service to Earthquakes’ soccer games begins.

February 2015 – Service changes and reroutes were in effect due to the San Jose 408k Run; Cupid’s Undie Run; Levi’s Stadium events; rail rehab work; street closures; police activity; and construction projects in San Jose and Mountain View.

February 2015 – Santa Clara County unemployment rate was 4.5%.

6 9.a

February 2015 – Rainfall was 56% of normal.

February 2015 – Unleaded fuel averaged $2.72 per gallon.

March 12, 2015 – Cypress Semiconductor and Spansion announce 1,600 layoffs.

March 16, 2015 – Evelyn Light Rail Station closes permanently for double-tracking project.

March 23, 2015 – Montague Light Rail Station closes for 5 months for BART construction.

March 29, 2015 – WWE Wrestlemania at Levi’s Stadium draws record light rail event ridership.

February 2015 – Service changes and reroutes were in effect due to Levi’s Stadium events; street closures; police activity; and construction projects in San Jose.

March 2015 – Santa Clara County unemployment rate was 4.2%.

March 2015 – Rainfall was 7% of normal.

March 2015 – Unleaded fuel averaged $3.31 per gallon.

7 9.a

Key Performance Indicators SANTA CLARA VALLEY TRANSPORTATION AUTHORITY 9.a KEY PERFORMANCE INDICATORS Third Quarter FY 2015 Transit Operations Performance Report

FYTD 2015 FY 2012 FY 2013 FY 2014 Met 3rd FY 2015 Goals Annual Annual Annual Goal? Quarter SYSTEM (Bus & Light Rail) Total Boarding Riders (in millions) 42.43 43.15 43.43 32.80 No >= 34.18 Average Weekday Boarding Riders 137,299 140,402 140,965 140,584 No >= 142,800 Boardings per Revenue Hour 31.9 31.9 29.6 29.1 No >= 31.7 Percent of Scheduled Service Operated 99.72% 99.73% 99.67% 99.65% YES >= 99.55% 1 Miles Between Major Mechanical Schedule Loss 11,065 13,110 10,839 9,876 YES >= 9,000 Miles Between Chargeable Accidents 94,649 88,300 80,812 85,406 No >= 112,300 Passenger Concerns per 100,000 Boardings 12.5 13.7 16.2 17.9 No <= 10.6 BUS OPERATIONS Total Boarding Riders (in millions) 32.05 32.40 32.48 24.22 No >= 25.50 Average Weekday Boarding Riders 104,583 106,161 105,969 105,216 No >= 107,500 Boardings per Revenue Hour 26.9 26.7 26.0 25.1 YES >= 24.0 Percent of Scheduled Service Operated 99.69% 99.70% 99.64% 99.61% YES >= 99.50% 1 Miles Between Major Mechanical Schedule Loss 10,202 12,080 9,964 9,268 YES >= 8,000 Miles Between Chargeable Accidents 85,926 80,608 73,702 77,852 No >= 100,000 On-time Performance 88.4% 87.4% 85.9% 85.2% No >= 92.5% Operator Personal Time-off 8.8% 8.5% 8.1% 7.2% YES <= 10.0% Maintenance Personal Time-off 8.2% 7.4% 8.2% 5.7% YES <= 8.0% Passenger Concerns per 100,000 Boardings 15.5 17.1 20.2 21.4 No <= 11.8 LIGHT RAIL OPERATIONS Total Boarding Riders (in millions) 10.37 10.74 10.95 8.58 No >= 8.68 Average Weekday Boarding Riders 32,716 34,241 34,996 35,368 YES >= 35,300 Boardings per Revenue Hour 75.4 78.3 78.8 81.7 YES >= 74.0 Percent of Scheduled Service Operated 99.97% 99.98% 99.97% 99.96% YES >= 99.90% 1 Miles Between Major Mechanical Schedule Loss 32,489 40,723 37,381 21,327 No >= 40,000 2 Miles Between Chargeable Accidents 441,847 366,503 367,582 415,876 No >= 1,663,504 On-time Performance 89.4% 88.5% 84.5% 77.6% No >= 95.0% Operator Personal Time-off 6.6% 5.9% 7.2% 7.5% YES <= 10.0% Maintenance Personal Time-off 7.1% 7.3% 8.1% 5.1% YES <= 10.0% Way, Power, & Signal Personal Time-off 6.3% 6.3% 4.0% 8.8% No <= 8.0% Passenger Concerns per 100,000 Boardings 3.3 3.3 4.3 7.9 No <= 2.8 Fare Evasion Rate 7.8% 3.9% 3.1% 2.9% YES <= 5.0% PARATRANSIT 7.8 Passengers per Revenue Hour³ 2.60 2.50 2.60 2.60 YES >= 2.30 Net Cost per Passenger $22.73 $22.69 $24.30 $23.95 YES <= $27.00 Ontime Performance ³ 96.5% YES >= 92.0% Complaints per 1,000 passenger Trips³ 0.40 YES <= 1.0 Schedule Calls Response Time (minutes)³ 1.61 YES <= 2.0 Days of Service Calls Response Time (minutes)³ 1.39 YES <= 2.0 ADA Eligibility Certification within 21 Days³ 100.0% YES >= 100.0% Preventative Maintenance Inspections Ontime³ 100.0% YES >= 95.0% Major Accidents and Incidents per 85,000 Passenger Trips³ 0 YES <= 1.0 Non-Major Accidents and Incidents per 85,000 Passenger Trips³ 0.00 YES <= 2.0 Note: Ridership goals were developed using budget projections. 1 Mechanical failure that prevents the vehicle from completing a scheduled service due to limited vehicle movement or safety concerns. 2 Goal is no more than one chargeable accident in a year. 3 New ADA Paratransit Performance Indicators for Paratransit effective FY 2014

8 9.a

Ridership Summary 9.a

SANTA CLARA VALLEY TRANSPORTATION AUTHORITY RIDERSHIP SUMMARY (Directly Operated, Inter-Agency Partners, and Contracted Services) Third Quarter FY 2015 Transit Operations Performance Report

FYTD 2015 FYTD 2014 (3rd Quarter) (3rd Quarter) % Change Directly Operated Services Bus 24,219,512 24,257,525 -0.2% Average Weekday Riders 105,216 105,749 -0.5% Light Rail 8,582,336 8,157,626 5.2% Average Weekday Riders 35,368 34,787 1.7% Total Directly Operated Services 32,801,848 32,415,151 1.2% Average Weekday Riders 140,584 140,536 0.0% Inter-Agency Partners Dumbarton Express 234,776 238,632 -1.6% Average Weekday Riders 1,236 1,256 -1.6% Highway 17 Express 280,834 269,311 4.3% Average Weekday Riders 1,165 1,120 4.0% Monterey-San Jose Express 23,074 23,118 -0.2% Average Weekday Riders 83 83 0.0% Altamont Commuter Express (ACE) 891,791 801,212 11.3% Average Weekday Riders 4,736 4,239 11.7% Caltrain 13,604,161 12,456,541 9.2% Average Weekday Riders 57,185 52,141 9.7% Caltrain Shuttles (in Santa Clara County) 1,229,912 1,036,015 18.7% Average Weekday Riders 6,275 5,313 18.1% Contracted Services Paratransit 538,915 543,211 -0.8% Average Weekday Riders 2,547 2,570 -0.9% ACE Shuttles 311,244 280,262 11.1% Average Weekday Riders 1,656 1,483 11.7% Total Contracted / Inter-Agency 8,457,122 7,669,029 10.3% Combined Total Ridership (in Santa Clara County) 1 41,258,970 40,084,180 2.9% 1 These figures are based on estimated ridership in the VTA service area for Caltrain, ACE, Highway 17 Express, Dumbarton Express, and Monterey-San Jose Express. Paratransit, Light Rail Shuttles, ACE Shuttles, and Caltrain Santa Clara County Shuttles are operated wholly within the service area, therefore, 100% of the ridership is included.

9 9.a

Route Performance 9.a Route Listing Route Destination Route Destination Santa Clara Transit Ctr.-San Jose International Airport- 10 70 Capitol LRT Station-Great Mall/Main Transit Ctr. Metro Airport LRT Station Ctr.-Eastridge Transit Ctr. via San Jose 12 71 Eastridge Transit Ctr.-Great Mall/Main Transit Ctr. via White Rd. Flea Market Almaden Expwy. & McKean-Ohlone/Chynoweth LRT 13* 72 Senter & Monterey-Downtown San Jose Station 14* Gilroy Transit Ctr. to St. Louise Hospital 73 Snell/Capitol-Downtown San Jose 16* Morgan Hill Civic Ctr. to Burnett Ave. 77 Eastridge Tran Ctr.-Great Mall/Main Transit Ctr. via King Rd. Weekday-Vallco-San Jose State University ; Sat-Vallco-Santa 17* Gilroy Transit Ctr. to Monterey & Las Animas 81 Clara Tran.Ctr 18* Gilroy Transit Ctr. to Gavilan College 82 Westgate-Downtown San Jose 19* Gilroy Transit Ctr. to Wren & Mantelli 88* Palo Alto Veteran's Hospital-Middlefield & Colorado Palo Alto Transit Ctr.-Eastridge Transit Ctr. via El 22 89 California Ave. Caltrain Station-Palo Alto Veteran's Hospital Camino DeAnza College-Alum Rock Transit Ctr. via Stevens 23 101 Camden & Hwy 85-Palo Alto Creek DeAnza College-Alum Rock Transit Ctr. via Valley 25 102 South San Jose-Palo Alto Medical Ctr. Sunnyvale/Lockheed Martin Transit Ctr.-Eastridge 26 103 Eastridge Transit Ctr.-Palo Alto Transit Ctr. 27 Good Samaritan Hospital-Kaiser San Jose 104 Penitencia Creek Transit Ctr.-Palo Alto 31 Evergreen Valley College-Eastridge Transit Ctr. 120 Fremont BART-Lockheed Martin/Moffett Park-Shoreline 32* San Antonio Shopping Ctr.-Santa Clara Transit Ctr. 121 Gilroy Transit Ctr.-Lockheed Martin/Moffett Park 34* San Antonio Shopping Ctr.-Downtown Mountain View 122 South San Jose-Lockheed Martin/Moffett Park 35 Downtown Mountain View-Stanford Shopping Ctr. 140 Fremont BART-Mission College & Montague Expwy. 37* West Valley College-Capitol LRT Station 168 Gilroy Transit Ctr.-San Jose Diridon Transit Ctr. 39* The Villages-Eastridge Transit Ctr. 180 Great Mall/Main Transit Ctr./Aborn & White-Fremont BART Weekday & Sat-Foothill College-La Avenida & Shoreline San Jose Diridon Transit Ctr.-Fremont BART via Great Mall/Main 40 181 Sun-San Antonio & Lyell-La Avenida & Shoreline Transit Ctr. late evenings & weekends Weekday-Kaiser San Jose-Evergreen Valley College 42* 182 Palo Alto-IBM/Bailey Ave. Sat-Santa Teresa LRT-Monterey & Senter 45* Alum Rock Transit Ctr.-Penitencia Creek Transit Ctr. 201 DASH San Jose Diridon Station-Downtown San Jose LRT Stations 46 Great Mall/Main Transit Ctr.-Milpitas High School 251 Fremont BART-Levi's Stadium (Gamedays Only) 47 Great Mall/Main Transit Ctr.-McCarthy Ranch 252 Vallco-Levi's Stadium (Gamedays Only) Los Gatos Civic Ctr.-Winchester Transit Ctr. via 48* 253 Gilroy/Morgan Hill-Levi's Stadium (Gamedays Only) Winchester Blvd. Los Gatos Civic Ctr.-Winchester Transit Ctr. via Los 49* 254 Eastridge Transit Ctr.-Levi's Stadium (Gamedays Only) Gatos Blvd. 51 De Anza College-Moffett Field/Ames Ctr. 255 Almaden-Levi's Stadium (Gamedays Only) 52 Foothill College-Downtown Mountain View 256 Ohlone-Chynoweth-Levi's Stadium (Gamedays Only) 53 West Valley College-Sunnyvale Transit Ctr. 304 South San Jose-Sunnyvale Transit Ctr. via Arques 54 De Anza College-Sunnyvale/Lockheed Martin Transit Ctr. 321 Great Mall/Main Transit Ctr.-Lockheed Martin/Moffett Park 55 De Anza College-Great America 323 De Anza College-Downtown San Jose 57 West Valley College-Great America via Quito Rd. 328 Almaden Expy. & Via Valiente-Lockheed Martin/Moffett Park 58 West Valley College-Alviso via Fruitvale 330 Almaden Expy. & Via Valiente-Tasman Drive 60 Winchester Transit Ctr.-Great America 522 Palo Alto Transit Ctr.-Eastridge Transit Ctr. 61 Good Samaritan Hospital-Sierra & Piedmont via Bascom LRT Line 902 - Mountain View-Winchester 62 Good Samaritan Hospital-Sierra & Piedmont via Union Line 901 - Alum Rock-Santa Teresa 63 Almaden Expy & Camden-San Jose State University Line 900 - Ohlone/Chynoweth-Almaden Almaden LRT Station-McKee & White via Downtown San Highway 17 Express - Santa Cruz & Scotts Valley-San Jose Diridon 64 970 Jose Transit Ctr. 65* Kooser & Meridian-13th & Hedding 971 Dumbarton Express - Union City BART-Palo Alto Kaiser San Jose-Milpitas/Dixon Rd. via Downtown San 66 972 Monterey-San Jose Express (MST55) Jose 68 Gilroy Transit Ctr.-San Jose Diridon Transit Ctr.

10 SANTA CLARA VALLEY TRANSPORTATION AUTHORITY Weekday Boardings per revenue hour Third Quarter FY 2015 Transit Operations Performance Report

22 32.2 23 33.9 25 28.4 26 26.1 55 25.4 60 25.3 61 23.0 62 21.5 64 29.5 Core Standard: 26.4 boardings 66 31.0 per rvenue hour 68 25.5 70 25.6 71 21.6 72 26.6 73 34.2 77 22.0 323 20.7 522 23.1

10 22.1 27 17.4 31 17.7 35 16.2 40 25.5 Local 46 25.2 Standard: 21.4 boardings 47 23.9 per revene hour 51 24.9 52 19.0 53 26.4 54 26.6 57 22.4 58 15.6 63 18.4 81 15.6 82 24.3 89 22.1

13 12.4 14 13.8 16 13.3 17 6.9 Community Bus 18 19.0 Standard: 15.6 boardings 19 18.6 per revenue hour 32 19.9 34 11.6 37 15.0 39 21.7 42 13.9 45 16.0 48 14.9 49 11.7 65 15.7 88 13.6 200 10.4 201 32.2

0.0 5.0 10.0 15.0 20.0 25.0 30.0 35.0 40.0 45.0 50.0

ACE 24.7 Shuttles

Note: ACE shuttles are not considered in the calculation of the Community Bus standard, which is VTA-based only. 9.a

11 9.a

50.0 140 Factor Limited Light Rail Express Express 45.0 Revenue Hour Revenue 120 per revenue train hour train revenue per 40.0 Standard: 74.2 74.2 Standard: boardings Standard 15.0 Boarding Per Per Boarding 15.0 Standard 100 35.0 Standard: is 60% Maximum Load Maximum is 60% Standard: 95.0 30.0 80 12 76.4

25.0

60 20.0 Almaden line – 51.2 Winchester Line. Line. Winchester 15.0 40 Santa Teresa Line - 14.7 13.8 10.0 11.1 10.4 20 5.0 Line 900 is the Ohlone/Chynoweth 900 is Ohlone/Chynoweth Line the Line 901 is Alumthe Rock Line 902 is the Mountain View - View Mountain is the 902 Line

0

* * * 0.0 Weekday Boardings per revenue hour SANTA CLARA VALLEY TRANSPORTATION AUTHORITY Report Performance Operations 2015 Transit FY Quarter Third SANTA CLARA VALLEY TRANSPORTATION AUTHORITY Saturday Boardings per revenue hour Third Quarter FY 2015 Transit Operations Performance Report

22 27.1

23 26.3

25 21.7 26 19.5 Core Standard: 19.8 boardings 55 13.9 per revenue hour 60 17.8

61 13.6

62 17.1

64 18.3

66 22.9

68 22.2

70 20.3

71 15.3

72 19.9

73 19.9

77 18.1

323 25.9

522 17.2

10 19.6 12 29.1 27 12.9 Local 31 6.9 Standard: 15.0 boardings 35 11.6 per revenue hour 40 10.5 46 10.1 47 17.5 54 13.9 57 15.4 63 12.3 81 3.0 82 15.0

14 8.8 18 3.3 19 13.6 Community Bus 32 8.6 Standard: 15.0 boardings 39 14.7 per revenue hour 42 5.8 48 8.5 49 10.0 200 6.5 0 10 20 30 40 50 60

900* 51.4 Light Rail Standard: 60.5 901* 63.5 boardings per revenue train hour 902* 66.5

0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150

* Line 900 is the Ohlone/Chynoweth – Almaden line * Line 901 is the Alum Rock - Santa Teresa Line * Line 902 is the Mountain View - Winchester Line. 9.a

13 SANTA CLARA VALLEY TRANSPORTATION AUTHORITY Sunday Boardings per revenue hour Third Quarter FY 2015 Transit Operations Performance Report

22 29.1 23 29.3 25 26.6 26 17.4 Core 55 18.6 Standard: 20.8 boardings per revenue hour 60 19.8 61 13.0 62 15.3 64 18.6 66 28.0 68 25.7 70 21.2 71 20.3 72 23.6 73 22.9 77 17.0 323 10.5 522 16.6

10 22.5

12 17.1 Local Standard: 15.0 boardings 27 11.4 per revenue hour 31 6.1

35 14.1

40 10.4

47 18.1

54 12.5

57 15.2

63 11.2

82 14.5

14 5.1

18 2.2 Community Bus 19 9.1 Standard: 15.0 boardings per revenue hour 39 12.7

48 6.8

49 6.2

200 1.4

0 5 10 15 20 25 30 35 40 45 50 Light Rail 900* 34.8 Standard 60.6 boardings per revenue train hour 901* 53.0

902*

0 10 20 30 40 50 60 70 80 90 * Line 900 is the Ohlone/Chynoweth – Almaden line * Line 901 is the Alum Rock - Santa Teresa Line * Line 902 is the Mountain View - Winchester Line 9.a

14 SANTA CLARA VALLEY TRANSPORTATION AUTHORITY Third Quarter FY 2015 Transit Operations Performance Report Express Routes Average Peak Load

Weekday

101 42.4%

102 56.3% Express 103 57.9% Standard: 60% Peak Load 104 47.9%

120 53.2%

121 52.4%

122 54.7%

140 63.7%

168 60.0%

180 31.2%

181 56.5%

182 39.7%

DB 34.8%

Hwy 17 44.0%

MST 55 13.4%

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

Saturday / Sunday

181 Saturday, 51.3%

181 Sunday, 78.7%

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

Note: HWY 17, MST and DB are not considered in the calculation of the standard which is VTA- based only.

9.a

15 SANTA CLARA VALLEY TRANSPORTATION AUTHORITY Weekday Boardings per revenue hour Third Quarter FY 2015 Transit Operations Performance Report

22 32.2 23 33.9 25 28.4 26 26.1 55 25.4 60 25.3 61 23.0 62 21.5 64 29.5 Core Standard: 26.1 boardings 66 31.0 per rvenue hour 68 25.5 70 25.6 71 21.6 72 26.6 73 34.2 77 22.0 323 20.7 522 23.1

10 22.1 27 17.4 31 17.7 35 16.2 40 25.5 Local 46 25.2 Standard: 21.7 boardings 47 23.9 per revene hour 51 24.9 52 19.0 53 26.4 54 26.6 57 22.4 58 15.6 63 18.4 81 15.6 82 24.3 89 22.1

13 12.4 14 13.8 16 13.3 17 6.9 Community Bus 18 19.0 Standard: 15.3 boardings 19 18.6 per revenue hour 32 19.9 34 11.6 37 15.0 39 21.7 42 13.9 45 16.0 48 14.9 49 11.7 65 15.7 88 13.6 200 10.4 201 32.2

0.0 5.0 10.0 15.0 20.0 25.0 30.0 35.0 40.0 45.0 50.0

ACE 24.7 Shuttles

Note: ACE shuttles are not considered in the calculation of the Community Bus standard, which is VTA-based only. 9.a

11 9.a

50.0 140 Factor Limited Light Rail Express Express 45.0 Revenue Hour Revenue 120 per revenue train hour train revenue per 40.0 Standard: 75.6 75.6 Standard: boardings Standard 15.3 Boarding Per Per Boarding 15.3 Standard 100 35.0 Standard: is 60% Maximum Load Maximum is 60% Standard: 95.0 30.0 80 12 76.4

25.0

60 20.0 Almaden line – 51.2 Winchester Line. Line. Winchester 15.0 40 Santa Teresa Line - 14.7 13.8 10.0 11.1 10.4 20 5.0 Line 900 is the Ohlone/Chynoweth 900 is Ohlone/Chynoweth Line the Line 901 is Alumthe Rock Line 902 is the Mountain View - View Mountain is the 902 Line

0

* * * 0.0 Weekday Boardings per revenue hour SANTA CLARA VALLEY TRANSPORTATION AUTHORITY Report Performance Operations 2015 Transit FY Quarter Third SANTA CLARA VALLEY TRANSPORTATION AUTHORITY Saturday Boardings per revenue hour Third Quarter FY 2015 Transit Operations Performance Report

22 27.1

23 26.3

25 21.7 26 19.5 Core Standard: 24.8 boardings 55 13.9 per revenue hour 60 17.8

61 13.6

62 17.1

64 18.3

66 22.9

68 22.2

70 20.3

71 15.3

72 19.9

73 19.9

77 18.1

323 25.9

522 17.2

10 19.6 12 29.1 27 12.9 Local 31 6.9 Standard: 17. boardings 35 11.6 per revenue hour 40 10.5 46 10.1 47 17.5 54 13.9 57 15.4 63 12.3 81 3.0 82 15.0

14 8.8 18 3.3 19 13.6 Community Bus 32 8.6 Standard: 15.0 boardings 39 14.7 per revenue hour 42 5.8 48 8.5 49 10.0 200 6.5 0 10 20 30 40 50 60

900* 51.4 Light Rail Standard: 59.4 901* 63.5 boardings per revenue train hour 902* 66.5

0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150

* Line 900 is the Ohlone/Chynoweth – Almaden line * Line 901 is the Alum Rock - Santa Teresa Line * Line 902 is the Mountain View - Winchester Line. 9.a

13 SANTA CLARA VALLEY TRANSPORTATION AUTHORITY Sunday Boardings per revenue hour Third Quarter FY 2015 Transit Operations Performance Report

22 29.1 23 29.3 25 26.6 26 17.4 Core 55 18.6 Standard: 21.2 boardings per revenue hour 60 19.8 61 13.0 62 15.3 64 18.6 66 28.0 68 25.7 70 21.2 71 20.3 72 23.6 73 22.9 77 17.0 323 10.5 522 16.6

10 22.5

12 17.1 Local Standard: 15.0 boardings 27 11.4 per revenue hour 31 6.1

35 14.1

40 10.4

47 18.1

54 12.5

57 15.2

63 11.2

82 14.5

14 5.1

18 2.2 Community Bus 19 9.1 Standard: 15.0 boardings per revenue hour 39 12.7

48 6.8

49 6.2

200 1.4

0 5 10 15 20 25 30 35 40 45 50 Light Rail 900* 34.8 Standard 64.4 boardings per revenue train hour 901* 53.0

902*

0 10 20 30 40 50 60 70 80 90 * Line 900 is the Ohlone/Chynoweth – Almaden line * Line 901 is the Alum Rock - Santa Teresa Line * Line 902 is the Mountain View - Winchester Line 9.a

14 SANTA CLARA VALLEY TRANSPORTATION AUTHORITY Third Quarter FY 2015 Transit Operations Performance Report Express Routes Average Peak Load

Weekday

101 42.4%

102 56.3% Express 103 57.9% Standard: 60% Peak Load 104 47.9%

120 53.2%

121 52.4%

122 54.7%

140 63.7%

168 60.0%

180 31.2%

181 56.5%

182 39.7%

DB 34.8%

Hwy 17 44.0%

MST 55 13.4%

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

Saturday / Sunday

181 Saturday, 51.3%

181 Sunday, 78.7%

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

Note: HWY 17, MST and DB are not considered in the calculation of the standard which is VTA- based only.

9.a

15 9.a

Boardings per Revenue Hour by Time Period FY 2015 Third Quarter Transit Operations Performance Report Core Routes WEEKDAY ROUTE PEAK MIDDAY OFF PEAK TOTAL 22 27.0 41.8 29.2 32.2 23 28.3 42.6 29.7 33.9 Weekday Service Periods 25 24.9 33.5 24.2 28.4 Peak 5:00 AM to 9:00 AM & 26 21.8 35.0 21.2 26.1 3:00 PM to 7:00 PM 55 22.6 32.2 22.5 25.4 Midday 9:00 AM to 3:00 PM 60 20.6 35.1 20.4 25.3 Off Peak 7:00 PM to 5:00 AM 61 19.9 31.8 11.3 23.0 62 19.0 27.1 11.8 21.5 64 26.0 37.3 16.6 29.5 66 25.4 41.5 26.4 31.0 68 20.5 36.3 21.7 25.5 70 22.4 30.9 21.9 25.6 71 18.5 27.9 20.8 21.6 72 23.5 31.0 25.5 26.6 73 27.9 43.4 27.6 34.2 77 19.9 25.5 18.5 22.0 323 19.3 23.1 11.7 20.7 Legend: 522 21.0 26.2 23.3 23.1 Below standard Standard 22.7 33.5 21.4 26.4 No Service

16 9.a

Boardings per Revenue Hour by Time Period FY 2015 Third Quarter Transit Operations Performance Report Core Routes

SATURDAY ROUTE AM BASE NIGHT TOTAL 22 33.5 37.6 31.5 35.2 23 29.4 35.9 27.5 33.1 Saturday Service Periods 25 23.3 26.7 23.7 25.9 AM 5:00 AM to 9:00 AM 26 25.4 24.1 24.8 24.4 Base 9:00 AM to 6:00 PM 55 20.2 18.8 19.0 19.0 Night 6:00 PM to 5:00 AM 60 26.5 21.7 21.1 22.1 61 12.7 20.7 8.1 17.0 62 19.3 19.6 13.7 18.9 64 17.9 23.8 15.1 21.3 66 21.4 33.2 19.6 27.8 68 23.1 32.9 21.3 28.2 70 25.4 27.2 25.0 26.6 71 44.2 23.3 19.9 24.3 72 21.3 25.5 20.4 24.2 73 22.5 27.0 29.4 26.5 77 22.1 29.2 28.0 28.3 522 13.8 20.0 16.3 18.7 Standard 23.6 26.3 21.4 24.8

SUNDAY ROUTE AM BASE NIGHT TOTAL 22 24.2 28.4 33.4 28.5 23 27.8 32.9 26.8 31.1 Sunday Service Periods 25 21.9 31.6 16.7 27.5 AM 5:00 AM to 9:00 AM 26 13.8 15.9 20.4 16.0 Base 9:00 AM to 6:00 PM 55 16.6 18.6 17.2 18.3 Night 6:00 PM to 5:00 AM 60 21.6 24.3 12.5 22.2 61 9.5 14.8 6.1 12.6 62 14.9 16.2 10.1 15.3 64 15.3 19.5 12.4 18.0 66 22.4 32.2 18.7 27.9 68 18.1 30.8 21.6 25.9 70 19.3 22.3 18.7 21.4 71 12.3 19.9 16.5 18.3 72 23.4 23.7 19.2 23.0 73 18.0 24.1 16.6 22.5 77 14.5 16.7 12.5 16.2 Legend: 522 3.6 16.4 0.0 15.8 Below standard Standard 17.5 22.8 17.5 21.2 No Service

17 9.a

Boardings per Revenue Hour by Time Period FY 2015 Third Quarter Transit Operations Performance Report Local Routes

WEEKDAY ROUTE PEAK MIDDAY OFF PEAK TOTAL 10 21.4 23.2 21.5 22.1 27 14.2 23.3 13.7 17.4 Weekday Service Periods 31 15.5 22.4 10.8 17.7 Peak 5:00 AM to 9:00 AM & 35 15.0 18.8 11.9 16.2 3:00 PM to 7:00 PM 40 24.2 28.4 18.6 25.5 Midday 9:00 AM to 3:00 PM 46 23.3 29.4 0.0 25.2 Off Peak 7:00 PM to 5:00 AM 47 19.1 31.5 18.7 23.9 51 24.1 26.0 0.0 24.9 52 18.8 20.4 9.2 19.0 53 22.2 32.4 0.0 26.4 54 28.1 25.1 26.0 26.6 57 16.9 30.5 16.9 22.4 58 16.9 10.6 18.4 15.6 63 15.9 23.1 15.1 18.4 81 14.9 17.2 9.3 15.6 Legend: 82 21.0 30.3 15.8 24.3 89 21.0 33.1 0.0 22.1 Below standard Standard 19.6 25.0 15.8 21.4 No Service

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Boardings per Revenue Hour by Time Period FY 2015 Third Quarter Transit Operations Performance Report Local Routes SATURDAY ROUTE AM BASE NIGHT TOTAL 10 18.2 27.9 16.6 22.8 12 0.0 25.4 0.0 25.4 27 18.5 18.5 10.5 17.8 Saturday Service Periods 31 12.9 16.5 13.9 15.8 AM 5:00 AM to 9:00 AM 35 24.1 21.7 12.8 20.8 Base 9:00 AM to 6:00 PM 40 17.3 16.1 0.0 16.2 Night 6:00 PM to 5:00 AM 46 0.0 12.8 0.0 12.8 47 19.8 16.6 20.9 17.1 54 16.1 19.2 20.5 19.0 57 18.4 17.3 17.5 17.4 63 14.7 17.0 7.8 16.3 81 0.0 10.5 0.0 10.5 82 16.4 19.9 11.1 18.6 Standard 17.6 18.4 15.0 17.7

SUNDAY ROUTE AM BASE NIGHT TOTAL 10 16.4 36.2 24.4 29.0 12 0.0 14.6 0.0 14.6 27 0.0 10.3 0.0 10.3 Sunday Service Periods 31 0.0 4.5 0.0 4.5 AM 5:00 AM to 9:00 AM 35 12.2 13.5 6.4 13.0 Base 9:00 AM to 6:00 PM 40 0.0 9.3 0.0 9.3 Night 6:00 PM to 5:00 AM 47 31.6 16.1 16.2 16.5 54 6.8 12.5 2.2 11.8 57 13.6 20.9 4.5 18.7 63 0.0 10.5 0.0 10.5 Legend: 82 0.0 12.9 0.0 12.9 Below standard Standard 16.1 15.0 15.0 15.0 No Service

19 9.a

Boardings per Revenue Hour by Time Period FY 2015 Third Quarter Transit Operations Performance Report Community Bus WEEKDAY ROUTE PEAK MIDDAY OFF PEAK TOTAL 13 11.8 13.0 0.0 12.4 Weekday Service Periods 14 11.6 15.2 0.0 13.8 Peak 5:00 AM to 9:00 AM & 16 14.8 7.2 0.0 13.3 3:00 PM to 7:00 PM 17 6.3 7.4 0.0 6.9 Midday 9:00 AM to 3:00 PM 18 16.9 21.4 0.0 19.0 Off Peak 7:00 PM to 5:00 AM 19 18.5 19.4 9.8 18.6 32 18.3 23.6 15.6 19.9 34 0.0 11.6 0.0 11.6 37 14.7 16.9 3.4 15.0 39 18.4 29.0 14.3 21.7 42 11.5 17.0 7.0 13.9 45 17.5 14.4 0.0 16.0 48 13.4 18.5 8.2 14.9 49 10.3 14.9 7.3 11.7 65 13.3 18.8 0.0 15.7 88 11.9 15.6 0.0 13.6 200 0.0 0.0 10.4 10.4 201 35.7 28.6 25.8 32.2 Standard 15.3 17.2 15.0 15.6

20 9.a

Boardings per Revenue Hour by Time Period FY 2015 Third Quarter Transit Operations Performance Report Community Bus

SATURDAY ROUTE AM BASE NIGHT TOTAL Saturday Service Periods 14 0.0 10.0 0.0 10.0 AM 5:00 AM to 9:00 AM 18 0.0 6.0 0.0 6.0 Base 9:00 AM to 6:00 PM 19 7.1 17.3 0.0 15.8 Night 6:00 PM to 5:00 AM 32 4.2 18.4 0.0 16.9 39 16.7 20.8 0.0 19.6 42 4.1 13.1 0.0 12.6 48 10.3 12.5 0.0 10.3 49 27.4 13.2 7.5 13.9 200 0.0 0.0 6.8 6.8 Standard 15.0 15.0 15.0 15.0

SUNDAY ROUTE AM BASE NIGHT TOTAL Sunday Service Periods 14 0.0 4.3 0.0 4.3 Base 9:00 AM to 6:00 PM 18 0.0 1.3 0.0 1.3 Night 6:00 PM to 5:00 AM 19 5.5 6.9 0.0 6.7 39 0.0 9.6 0.0 9.6 48 0.0 5.7 0.0 5.7 49 0.0 5.1 0.0 5.1 Legend: 200 0.0 0.0 1.0 1.0 Below standard Standard 15.0 15.0 15.0 15.0 No Service

21 9.a

Boardings per Revenue Hour by Time Period FY 2015 Third Quarter Transit Operations Performance Report

Light Rail

WEEKDAY ROUTE PEAK MIDDAY OFF PEAK TOTAL Weekday Service Periods 900* 54.2 56.6 36.2 51.2 Peak 5:00 AM to 9:00 AM & 901* 87.5 135.5 59.7 95.0 3:00 PM to 7:00 PM 902* 70.5 108.4 59.5 76.4 Midday 9:00 AM to 3:00 PM Standard 70.7 100.2 51.8 74.2 Off Peak 7:00 PM to 5:00 AM

SATURDAY ROUTE AM BASE NIGHT TOTAL Saturday Service Periods 900* 62.6 129.3 90.4 114.8 AM 5:00 AM to 9:00 AM 901* 64.1 147.6 112.3 120.6 Base 9:00 AM to 6:00 PM 902* 75.2 144.0 112.7 121.8 Night 6:00 PM to 5:00 AM Standard 67.3 140.3 105.1 119.1

SUNDAY ROUTE AM BASE NIGHT TOTAL Sunday Service Periods 900* 17.6 45.7 30.1 39.7 AM 5:00 AM to 9:00 AM 901* 38.7 90.1 63.2 72.3 Base 9:00 AM to 6:00 PM 902* 46.4 104.9 60.2 81.3 Night 6:00 PM to 5:00 AM Standard 34.2 80.2 51.2 64.4 Legend: Below standard No Service * Line 900 is the Ohlone/Chynoweth – Almaden line * Line 901 is the Alum Rock to Santa Teresa Line * Line 902 is the Mountain View to Winchester Line.

22 9.a

Paratransit Operating Statistics 9.a

SANTA CLARA VALLEY TRANSPORTATION AUTHORITY PARATRANSIT OPERATING STATISTICS Third Quarter FY 2015 Transit Operations Performance Report FYTD 2015 FYTD 2014 3rd Quarter 3rd Quarter Percent Change RIDERSHIP Clients 381,229 390,933 -2.5% Attendants 87,004 86,074 1.1% Companions 70,682 66,204 6.8% Total Ridership 538,915 543,211 -0.8% Average Weekday Trips 2,547 2,570 -0.9% Average Weekday Client Trips 1,796 1,846 -2.7% Active Clients 6,846 7,398 -7.5% Average Trips per Client 56 53 5.4% PREMIUM SERVICES Same Day Trips 1,108 1,098 0.9% Second Vehicles 124 161 -23.0% Open Returns 195 320 -39.1% Service Area Surcharge Trips 2,144 2,190 -2.1% Subscription Trips 68,634 75,227 -8.8% Total 72,205 78,996 -8.6% LEVEL OF SERVICE Revenue Miles 4,373,039 4,610,440 -5.1% Revenue Hours 209,810 213,203 -1.6% Passenger Miles (NTD) 5,091,221 6,020,426 -15.4% ELIGIBILITY Total Data Cards Received 5,137 5,178 -0.8% New Applicants Certified 1,682 1,626 3.4% New Applicants Denied 401 431 -7.0% Clients Recertified 1,798 1,817 -1.0% Clients Denied Recertification 475 488 -2.7% Total Eligibility Assessments 4,356 4,362 -0.1% EXPENSES AND REVENUES EXPENSES Eligibility Certification Costs $457,379 $393,533 16.2% Broker Costs $3,173,250 $2,698,592 17.6% Vendor Costs $11,699,648 $11,557,943 1.2% Total Operating Costs $15,330,277 $14,650,068 4.6% REVENUES Client Fare $1,451,331 $1,482,561 -2.1% Other Fare $959,306 $769,008 24.7% Non-VTA Broker Revenue $11,116 $10,336 7.5% Total Revenue $2,421,752 $2,261,906 7.1% Net Expenses $12,908,525 $12,388,162 4.2% Fare Recovery Rate 15.72% 15.37% 2.3% Capital Expenses $69,259 $60,619 14.3% Total Expenses $12,977,784 $12,448,781 4.2% COST PER PASSENGER TRIP (excludes capital expenses) Total Reported Costs $28.45 $26.97 5.5% Fare Revenue $4.47 $4.14 7.9% Non-fare revenue $0.02 $0.02 0.0% Net Cost $23.95 $22.80 5.0%

22 9.a

Glossary 9.a

GLOSSARY

AVERAGE FARE PER BOARDING – This measure is calculated by dividing the total fare revenue (cash, passes, tokens, and Eco Pass) by total boarding riders. It measures the rider contribution towards the farebox recovery ratio.

AVERAGE WEEKDAY BOARDINGS – The average number of persons who board the transit system on a day that normal weekday revenue service is provided.

BOARDINGS PER REVENUE HOUR – This is a productivity measure comparing the number of boardings to the number of revenue hours operated. It measures service utilization per unit of service operated. The Revenue hours is the time when a vehicle is available to the general public to carry passengers. This will include layover but exclude deadheads.

BRT (BUS RAPID TRANSIT) ROUTES – The BRT route is a multi-component transit improvement that includes preferential treatment at traffic signals to improve bus operating speed and on-time performance. It operates in mixed traffic and relies on priority for buses at traffic signals to provide much of its time advantage over conventional buses.

COMMUNITY BUS ROUTES – Community Bus service is characterized by weekday frequencies of 30 minutes or more in both the peak and midday periods. Service span is 14 hours or less, usually 12 hours for weekdays. Community Bus services operate seven days per week or less. These routes are defined as neighborhood-based circulator and feeder routes that travel within a limited area .They may be distinguished from Core and Local service by a unique and smaller vehicle.

CORE ROUTES – Core network routes are defined as bus routes or shared corridors that feature weekday frequencies of 15 minutes or less during the peak and midday periods and/or service spans of 18 hours or more. Core routes operate seven days per week. They typically travel on long distance corridors, which connect major trip generators such as universities, regional shopping malls and high- density housing and employment sites. Multiple core routes will sometimes operate on the same corridor where demand warrants, providing additional service frequency and transfer opportunities. Core network corridors are typically large arterial streets and intersect with freeways and expressways.

DEADHEAD: Time during movement of a transit vehicle without passengers aboard, typically from the operating division to the start of the route.

EXPRESS & LIMITED SERVICE ROUTES – Express routes generally operate during peak periods and are primarily commuter oriented. Midday, evening, and weekend service may be offered on regional express lines. Express routes emphasize direct service, use freeways and expressways to reduce travel time, and make few stops. Limited Service routes are characterized by limited stops.

FEEDER ROUTES – Feeder routes are short-length lines, usually less than 10 miles in length, that provide feeder or distribution service to and from major stops, transit centers, activity centers or rail stations. This classification of service includes neighborhood lines, which link residential areas to rail stations, activity centers, and/or transit centers; and shuttle lines, which serve industrial areas from nearby rail stations or transit centers.

9.a

LAYOVER: Break the driver or the vehicle is given at the end of a trip before it starts operating its reverse route, or if the route is circular, before beginning its next trip

LIMITED STOP ROUTES – Limited-stop service generally operates during peak periods and is primarily commuter oriented. Midday, evening, and weekend service may be offered on limited-stop lines. Limited-stop routes use major arterials, freeways, and/or expressways; and make fewer stops than grid routes, but more stops than express routes.

LOCAL ROUTES – Local network routes are defined as bus routes or corridors that feature weekday frequencies of thirty minutes or more during the peak and midday periods and/or service spans less than 18 hours. Local Network routes operate seven days per week or less. They typically travel on medium distance corridors, serving minor trip generators such as schools, hospitals and medium-density housing and employment. They also provide feeder service to the core network or to rail stations and transit centers.

MILES BETWEEN CHARGEABLE ACCIDENTS – Safety measure that captures the number of total scheduled miles traveled between each occurrence of a preventable accident. A preventable accident is defined as accidents in which the transit driver is normally deemed responsible or partly responsible for the occurrence of the accident.

MILES BETWEEN MECHANICAL SERVICE LOSS – Service quality measure capturing the number of total scheduled miles traveled between each mechanical breakdown that result in a loss of service to the public.

SPECIAL SERVICE ROUTES – Special services routes only operate on certain days of the week or on a seasonal basis to address a specific service need.

NATIONAL TRANSIT DATABASE (NTD) – The Federal Transit Administration's (FTA's) primary national database for statistics on the transit industry. Recipients of FTA’s Urbanized Area Formula Program (Section 5307) grants are required by statute to submit data to the NTD. Each year, NTD performance data are used to apportion over $4 billion of FTA funds to transit agencies in urbanized areas (UZAs). Annual NTD reports are submitted to Congress summarizing transit service and safety data. The NTD is the system through which FTA collects uniform data needed by the Secretary of Transportation to administer department programs. The data consist of selected financial and operating data that describe public transportation characteristics. The legislative requirement for the NTD is found in Title 49 U.S.C. 5335(a).

ON-TIME PERFORMANCE – A reliability measure capturing the percentage of transit vehicles departing or arriving at a location on time. On-time performance is measured only for specific locations called timepoints for which a schedule is published. A bus transit vehicle is considered “on time” if it departs a location within three minutes before and five minutes after its published scheduled time. A light rail transit vehicle is considered “on time” if it departs a location within one minute before and three minutes after its published scheduled time. At the last timepoint location of a trip, early arrival is considered on-time.

PASSENGER CONCERNS PER 100,000 BOARDINGS – A customer service measure that captures the number of passenger complaints/concerns per 100,000 boardings. This measure reports the amount of customer complaints received on the service that is attributed to an operating division.

9.a

PEAK LOAD (Express) - The Express bus standard is 60 percent of the seated vehicle loading capacity. This singular standard is needed due to the special characteristics of Express Bus lines where seat turnover is low.

PERCENT SCHEDULED SERVICE OPERATED – This service reliability measure indicates the percent of service hours completed based on published schedule. A service is considered not completed when scheduled service hours are lost due to equipment failure, missed or late pull-outs caused by operator absenteeism, pullouts, accidents/incidents, or natural causes.

PERSONAL TIME OFF (PTO) – This is defined as time off for non-scheduled absences such as: sick, industrial injury, FMLA (Family Medical Leave Act.), excused/unexcused leave, union business, and suspensions.

REVENUE HOURS: Time when a vehicle is available to the general public to carry passengers. This will include layover but exclude deadhead.

STANDARD (Boardings per revenue Hour): This is the average boardings per Revenue Hour and applies to Community Bus, Local, BRT, and Light Rail. The minimum standard is 15 boardings per revenue hour.

TOTAL BOARDINGS – The total number of boarding riders using VTA directly operated bus service and light rail service. Riders are counted each time they board a bus or light rail vehicle.

10

Date: May 22, 2015 Current Meeting: June 10, 2015 Board Meeting: N/A

BOARD MEMORANDUM

TO: Santa Clara Valley Transportation Authority Committee for Transit Accessibility

THROUGH: General Manager, Nuria I. Fernandez

FROM: Chief Operating Officer, Michael A. Hursh

SUBJECT: US Department of Transportation’s Reasonable Modification of Policies and Practices for Persons with Disabilities Final Rule and VTA/OUTREACH Paratransit Rider’s Guide Update

FOR INFORMATION ONLY

BACKGROUND:

On March 13, 2015, the US Department of Transportation (USDOT) issued a final rule regarding reasonable modifications for transit operation. The reasonable modification rule was first issued by USDOT for public comment in 2006 and VTA presented the draft rule to the CTA in June of the same year. The CTA responded by drafting a request for the USDOT to clearly define “Origin-to-Destination” trip service.

Today’s memorandum presents current information about the final rule, outlining VTA’s plan to respond to the rule’s requirements and summarizes OUTREACH’s efforts to comply with the rule’s paratransit-related requirements. DISCUSSION:

Effective on July 13, 2015, the final rule requires that transit providers make reasonable modification to their operating rules and procedures to further ensure that services are accessible to persons with disabilities. Adversely, the final rule defines modifications as not reasonable if they: 1) pose a danger to others, 2) present an undue financial or administrative burden, 3) are not necessary to achieve the requested access, or 4) fundamentally alter the nature of the service. Though transit agencies are not required to make modifications considered not reasonable, the final rule obligates them to work with customers to find reasonable alternatives.

A copy of the final rule and a list of required accommodations are attached. In most instances, VTA fixed route and paratransit services are already in compliance with USDOT’s final rule mandates. In areas where improvement is required VTA will make systematic and long-term

3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 10

changes to operating practices. The Operational Policy/Reasonable Accommodation Status document, which summarizes of VTA’s and OUTREACH’s compliance status, is attached.

In addition to what has been identified in the summary, VTA will:

 Instruct Operators and Customer Service staff to respond to reasonable accommodation requests;  Update the vta.org website and VTA print media to make reasonable accommodation request information available to customers;  Create a process for and document reasonable accommodation requests, request denials and request appeals;  Prepare a reasonable accommodation Operations Notice, update the Coach Operator Rulebook and provide record keeping directions;  Work with the OUTREACH to ensure reasonable accommodation obligations are met and that requests and responses are documented; and,  Update the VTA/OUTREACH Paratransit Rider’s Guide to explain reasonable accommodation.

VTA Operator and Customer Service Training: Operators will be made aware of their responsibility for responding in real time requests to help passengers insert money into the fare box, to position a bus at an accessible location, and to recognize a passenger’s right to consume food on a bus, avoiding adverse medical situations. Customer Service staff will be made aware that they are to respond to customer questions about reasonable modifications. And, Fare Inspectors will be briefed on their responsibility to respond to reasonable modification that requests they may encounter on light rail vehicles.

Staff will issue an Operations Notice to define reasonable accommodation and to explain VTA’s obligation to comply with the final rule mandates.

VTA Public Information & Request Response: The final rule requires transit agencies to make reasonable modifications information available to the public. VTA will add a statement regarding reasonable modification requests in vta.org and in print media. In addition, Customer Service staff will record requests for reasonable accommodations.

VTA will establish a process that includes a review of customer requests for modifications, a process for request denials and a process for denial appeals. Alternatives to requested modifications will be developed in consultation with the customer and operations staff as part of the appeal resolution process.

VTA has updated the Rider’s Guide to address reasonable modification requests and in addition, detail about negative account balance suspensions, no-show suspensions or optional no-show trip payments, and early and late pick-ups. A draft of the updated Rider’s Guide is attached for review and comment. Please contact David Ledwitz at [email protected] by June 26, 2015 to submit your comments.

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OUTREACH Paratransit Service: VTA’s paratransit service is currently meeting the reasonable accommodation mandates of the USDOT final rule. One item that is new, however, is the final rule’s requirement that paratransit to offer customers five-minute pick up notifications upon request. OUTREACH is budgeting the resources necessary to call, email, or text customers five minute prior to their pick-ups.

Prepared By: David Ledwitz Memo No. 5028

Page 3 of 3 10.a Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations 13253

official colors of the Seal are Reflex Blue Counsel, Federal Transit the courts to require recipients of and Gold [Reflex Blue RGB Numbers: 0/ Administration, same address, Room Federal financial assistance—virtually 0/153 (R0, G0, B153); Reflex Gold RGB E56–306, 202–366–0944, all public transportation entities subject Numbers: 254/252/1 (R254, G252, B1)]. [email protected]; and, for rail, to this final rule—to provide reasonable The Seal may also appear in Reflex Blue Linda Martin, Office of Chief Counsel, accommodations by making changes to or Black. Federal Railroad Administration, same policies, practices, and procedures if address, Room W31–304, 202–493– needed by an individual with a 6062, [email protected]. disability to enable him or her to SUPPLEMENTARY INFORMATION: This final participate in the recipient’s program or rule concerning reasonable modification activity, unless providing such of transportation provider policies and accommodations are an undue financial practices is based on a notice of and administrative burden or constitute proposed rulemaking (NPRM) issued a fundamental alteration of the program February 27, 2006 (71 FR 9761). The or activity. Among the Department’s NPRM also concerned several other legal authorities to issue this rulemaking subjects, most notably are section 504 of the Rehabilitation Act nondiscriminatory access to new and of 1973, as amended (29 U.S.C. 794), altered rail station platforms. The and the Americans with Disabilities Act Department issued a final rule on these (ADA), 42 U.S.C. 12101–12213. (e) The HHS Departmental symbol, other subjects on September 19, 2011 II. Summary of the Major Provisions of logo, and seal shall each be referred to (76 FR 57924). as an HHS emblem and shall the Regulatory Action collectively be referred to as HHS Executive Summary Public entities providing designated emblems. I. Purpose of the Regulatory Action public transportation (e.g., fixed route, Dated: March 4, 2015. demand-responsive, and ADA This final rule is needed to clarify that complementary paratransit) service will Sylvia M. Burwell, public transportation entities are need to make reasonable modifications/ Secretary. required to make reasonable accommodations to policies and [FR Doc. 2015–05536 Filed 3–12–15; 8:45 am] modifications/accommodations to their practices to ensure program accessibility BILLING CODE 4150–04–P policies, practices, and procedures to subject to several exceptions. These ensure program accessibility. While this exceptions include when the requirement is not a new obligation for modification/accommodation would DEPARTMENT OF TRANSPORTATION public transportation entities receiving cause a direct threat to the health or Federal financial assistance (see section safety of others, would result in a 49 CFR Parts 27 and 37 504 of the Rehabilitation Act), including fundamental alteration of the service, the National Passenger Railroad [Docket OST–2006–23985] would not actually be necessary in order Corporation (Amtrak), courts have for the individual with a disability to RIN 2105–AE15 identified an unintended gap in our access the entity’s service, or (for Americans with Disabilities Act (ADA) recipients of Federal financial Transportation for Individuals With regulations. This final rule will fill in assistance) would result in an undue Disabilities; Reasonable Modification the gap. The real-world effect will be financial and administrative burden. of Policies and Practices that the nature of an individual’s Appendix E of this final rule provides AGENCY: Office of the Secretary (OST), disability cannot preclude a public specific examples of requested U.S. Department of Transportation transportation entity from providing full modifications that public transportation (DOT). access to the entity’s service unless entities typically would not be required some exception applies. For example, ACTION: Final rule. to grant for one or more reasons. an individual using a wheelchair who Public entities providing designated SUMMARY: The Department is revising its needs to access the bus will be able to public transportation service will need rules under the Americans with board the bus even though sidewalk to implement their own processes for Disabilities Act (ADA) and section 504 construction or snow prevents the making decisions and providing of the Rehabilitation Act of 1973, as individual from boarding the bus from reasonable modifications under the amended (section 504), specifically to the bus stop; the operator of the bus will ADA to their policies and practices. In provide that transportation entities are need to slightly adjust the boarding many instances, entities already have required to make reasonable location so that the individual using a compliant processes in place. This final modifications/accommodations to wheelchair may board from an rule does not prescribe the exact policies, practices, and procedures to accessible location. processes entities must adopt or require avoid discrimination and ensure that Reasonable modification/ DOT approval of the processes. their programs are accessible to accommodation requirements are a However, DOT reserves the right to individuals with disabilities. fundamental tenet of disability review an entity’s process as part of its nondiscrimination law—for example, normal oversight. See 49 CFR 37.169. DATES: This rule is effective July 13, they are an existing requirement for 2015. recipients of Federal assistance and are III. Costs and Benefits FOR FURTHER INFORMATION CONTACT: Jill contained in the U.S. Department of The Department estimates that the Laptosky, Office of the General Counsel, Justice’s (DOJ) ADA rules for public and costs associated with this final rule will 1200 New Jersey Avenue SE., private entities, the U.S. Department of be minimal for two reasons. First, Washington, DC 20590, Room W96–488, Transportation’s (DOT) ADA rules for modifications to policies, practices, and 202–493–0308, [email protected]. passenger vessels, and DOT rules under procedures, if needed by an individual For questions related to transit, you may the Air Carrier Access Act. In addition, with a disability to enable him or her to contact Bonnie Graves, Office of Chief section 504 has long been interpreted by participate in a program or activity, are

VerDate Sep<11>2014 16:34 Mar 12, 2015 Jkt 235001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\13MRR1.SGM 13MRR1 tkelley on DSK3SPTVN1PROD with RULES ER13MR15.004 10.a 13254 Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations

already required by other Federal law make them consistent with applicable Id. Two other cases, Boose v. Tri-County that applies to recipients of Federal Department of Justice regulations. Metropolitan Transportation District of financial assistance. Since virtually Under this language, provisions of the Oregon, 587 F.3d 997 (9th Cir. 2009) every entity subject to this final rule DOJ regulations concerning reasonable and Abrahams v. MTA Long Island Bus, receives Federal financial assistance, modifications of policies and practices 644 F.3d 110 (2d Cir. 2011), each entity should already be modifying applicable to public entities, such as 28 subsequently agreed with Melton. its policies, practices, and procedures CFR 35.130(b)(7), could apply to public Because the Department believed that, when necessary. Second, the reasonable entities regulated by DOT, while as in all other areas of disability modification/accommodation provisions of DOJ regulations on this nondiscrimination law, making requirements contained in this final rule subject applicable to private entities reasonable modifications to policies and are not very different from the origin-to- (e.g., 28 CFR 36.302) could apply to practices is a crucial element of destination requirement already private entities regulated by DOT. A nondiscriminatory and accessible applicable to complementary paratransit 1997 court decision appeared to share service to people with disabilities, we service, as required by current DOT the Department’s intention regarding the proposed to fill the gap the courts had regulations at 49 CFR 37.129(a) and as relationship between DOT and DOJ identified in our regulations. described in its implementing guidance. requirements (Burkhart v. Washington Consequently, the 2006 NPRM proposed amending the DOT rules to require that The Reasonable Modification NPRM Area Metropolitan Transit Authority, 112 F.3d 1207 (D.C. Cir. 1997)). transportation entities, both fixed route Through amendments to the However, more recent cases that and paratransit, make reasonable Department’s ADA regulations at 49 addressed the issue directly held that, in modifications in the provisions of their CFR 37.5 and 37.169, the NPRM the absence of a DOT regulation services when doing so is necessary to proposed that transportation entities, explicitly requiring transportation avoid discrimination or to provide including, but not limited to, public entities to make reasonable program accessibility to services. In § 37.5, the general transportation entities required to modifications, transportation entities nondiscrimination section of the ADA provide complementary paratransit were not obligated to make such rule, the Department proposed to add a service, must make reasonable modifications under the ADA. The paragraph requiring all public entities modifications to their policies and leading case on this issue was Melton v. providing designated public practices to avoid discrimination on the Dallas Area Rapid Transit (DART), 391 transportation to make reasonable basis of disability and ensure program F.3d 669 (5th Cir. 2004); cert. denied modifications to policies and practices accessibility. Making reasonable 125 S. Ct. 2273 (2005). In this case, the where needed to avoid discrimination modifications to policies and practices court upheld DART’s refusal to pick up on the basis of disability or to provide a paratransit passenger with a disability is a fundamental tenet of disability program accessibility to services. The in a public alley behind his house, nondiscrimination law, reflected in a language was based on DOJ’s rather than in front of his house (where number of DOT (e.g., 49 CFR 27.11(c)(3), requirements and, like the DOJ a steep slope allegedly precluded access 14 CFR 382.7(c)) and DOJ (e.g., 28 CFR regulation, would not require a by the passenger to DART vehicles). The 35.130(b)(7)) regulations. Moreover, modification if doing so would DART argued that paratransit operations since at least 1979, section 504 has been fundamentally alter the nature of the are not covered by DOJ regulations. interpreted to require recipients of entity’s service. Federal financial assistance to provide ‘‘Instead,’’ as the court summarized The NPRM also proposed to place reasonable accommodations to program DART’s argument, ‘‘paratransit services parallel language in a revised § 37.169, beneficiaries. See, e.g., Alexander v. are subject only to Department of replacing an obsolete provision related Choate, 469 U.S. 287 (1985); Transportation regulations found in 49 to over-the-road buses. Under the Southeastern Community College v. CFR part 37. The Department of proposal, in order to deny a request for Davis, 442 U.S. 397 (1979). In Transportation regulations contain no a modification, the head of a public accordance with these decisions of the analogous provision requiring entity providing designated public U.S. Supreme Court (e.g., Choate and reasonable modification to be made to transportation services would have had Davis), the obligation to modify policies, paratransit services to avoid to make a written determination that a practices, and procedures is a discrimination.’’ 391 F.3d at 673. needed reasonable modification created longstanding obligation under section The court essentially adopted DART’s a fundamental alteration or undue 504, and the U.S. Department of Justice, argument, noting that the permissive burden. The entity would not have been which has coordination authority for language of § 37.21(c) (‘‘may be required to seek DOT approval for the section 504 pursuant to Executive Order subject’’) did not impose coverage under determination, but DOT could review 12250, is in agreement with this provisions of DOJ regulations which, by the entity’s action (e.g., in the context of interpretation. their own terms, provided that public a complaint investigation or compliance However, as the NPRM explained, transportation programs were ‘‘not review) as part of a determination about DOT’s ADA regulations do not include subject to the requirements of [28 CFR whether the entity had discriminated language specifically requiring regulated part 35].’’ See 391 F.3d at 675. ‘‘It is against persons with disabilities. In the parties to make reasonable undisputed,’’ the court concluded case where the entity determined that a modifications to policies and practices. that the Secretary of Transportation has been requested modification created a The Department, when drafting 49 CFR directed by statute to issue regulations fundamental alteration or undue part 37, intended that § 37.21(c) would relating specifically to paratransit burden, the entity would be obligated to incorporate the DOJ provisions on this transportation. Furthermore, even if the seek an alternative solution that would Secretary only has the authority to subject, by saying the following: promulgate regulations relating directly to not create such an undue burden or Entities to which this part applies also may transportation, the reasonable modification fundamental alteration. be subject to ADA regulations of the requested by the Meltons relates specifically The ADA and part 37 contain Department of Justice (28 CFR parts 35 or 36, to the operation of DART’s service and is, numerous provisions requiring as applicable). The provisions of this part therefore, exempt from the [DOJ] regulations transportation entities to ensure that shall be interpreted in a manner that will in 28 CFR Part 35. persons with disabilities can access and

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use transportation services on a would be useful to incorporate any increased costs (e.g., the costs of nondiscriminatory basis. Some of these additional provisions from the DOJ rules paratransit would rise from 22–50 provisions relate to the acquisition of into Part 37. percent, nationwide costs would rise by vehicles or the construction or alteration $1.89–2.7 billion), though, with few Comments to the NPRM of transportation facilities. Others exceptions, these numbers appeared to concern the provision of service by The Department received over 300 be based on extrapolations premised on public and private entities, in modes comments on the reasonable assumptions about the requirements of ranging from public demand-responsive modification provisions of the NPRM. the NPRM that were contrary to the service for the general public to private These comments were received during language of the NPRM’s regulatory text over-the-road buses. Still others concern the original comment period, a public and preamble or on no analysis at all. the provision of complementary meeting held in August 2010, and a Commenters opposed to the proposal paratransit service. reopened comment period at the time of also raised safety issues, again In all of these cases, public that meeting. The comments were principally in the context of paratransit. transportation entities are likely to put polarized, with almost all disability Making some reasonable modifications policies and procedures in place to community commenters favoring the would force drivers to leave vehicles, carry out applicable requirements. In proposal and almost all transit industry commenters said. This could result in order to achieve the objectives of the commenters opposing it. other passengers being left alone, which underlying requirements in certain The major themes in transit industry could expose them to hazards. Drivers individual cases, entities may need to comments opposing the proposal were leaving a vehicle would have to turn off depart from these otherwise acceptable the following. Many transit industry the vehicle’s engine, resulting in no air policies. This final rule concerns the commenters opposed the application of conditioning or heating for other scope of situations in which such the concept of reasonable modification passengers in the time the driver was departures—i.e., reasonable to transportation, and a few commenters outside the vehicle. The driver could be modifications—are essential. The argued that it was not the job of transit exposed to injury outside the vehicle underlying provisions of the rule entities to surmount barriers existing in (e.g., from a trip and fall). describe the ‘‘bottom line’’ of what communities. Many transit commenters A smaller number of commenters also transportation entities must achieve. said that the rule would force them to expressed concern about the application This reasonable modification rule make too many individual, case-by-case of the reasonable modification concept describes how transportation entities get decisions, making program to fixed route bus service. Some to that ‘‘bottom line’’ in individual administration burdensome, leading to commenters said that the idea of buses situations where entities’ normal pressure to take unreasonable actions, stopping at other than a designated bus procedures do not achieve the intended creating the potential for litigation, and stop was generally unsafe and result. making service slower and less reliable. burdensome, could cause delays, and As comments to the NPRM made Some of these commenters also objected impair the clarity of service. A number clear, an important concern of to the proposal that the head of an of these commenters appeared to believe transportation entities is that the DOT entity, or his designee, would be that the NPRM could require transit final rule makes it possible to required to make the decision that a entities to stop anywhere along a route understand clearly what modifications requested modification was a where a person with a disability was are expected; in other words, which fundamental alteration or would result flagging a bus down, which they said requested modifications would be in an undue burden, and provide a would be a particularly burdensome ‘‘reasonable’’ and which would not. For written decision to the requestor, stating practice. example, in the fixed route context, we this requirement would take substantial Commenters also made legal believe that stopping a bus a short staff time to complete. Many arguments against the proposal. Some distance from a bus stop sign to allow commenters provided examples or, in commenters supported the approach a wheelchair user to avoid an obstacle some cases, extensive lists, of the kinds taken by the court in Melton. Others to boarding using a lift (e.g., a utility of modifications they had been asked or said that the Department lacks statutory repair, a snowdrift) would generally be might be asked to make, many of which authority under the ADA to require reasonable. Establishing a ‘‘flag stop’’ they believed were unreasonable. A reasonable modification or that policy that allowed a passenger to board number of commenters said the rule reasonably modifying paratransit a bus anywhere, without regard to bus would force paratransit operators to policies and practices would force stop locations, would not. In the operate in a door-to-door mode, entities to exceed the ‘‘comparable’’ complementary paratransit context, the eliminating, as a practical matter, the service requirements of the statute. Department would expect, in many curb-to-curb service option. A major Some of these commenters said that the circumstances, that drivers would comment from many transit industry proposal would push entities too far in provide assistance outside a vehicle sources was that reasonable the direction of providing where needed to overcome an obstacle, modification would unreasonably raise individualized, human service-type but drivers would not have to provide the costs of providing paratransit. Per- transportation, rather than mass transit. personal services that extend beyond trip costs would rise, various A number of commenters also said that the doorway into a building to assist a commenters said, because of increased it was good policy to maintain local passenger. Appendix E to this final rule dwell time at stops, the need for option for entities in terms of the service addresses issues of this kind in greater additional personnel (e.g., an extra staff they provide. Others argued that the detail. person on vehicles to assist passengers), proposed action was inconsistent with In addition to the ‘‘modification of increased insurance costs, lower service statutes or Executive Orders related to policies’’ language from the DOJ ADA productivity, increased need for unfunded mandates and Federalism. rules, there are other features of those training, or preventing providers from A variety of commenters—in both the rules that are not presently incorporated charging fees for what they would disability community and transportation in the DOT ADA rules (e.g., pertaining otherwise view as premium service. industry—noted that a significant to auxiliary aids and services). The Some of these commenters attached number of paratransit operators already NPRM sought comment on whether it numbers to their predictions of either provide door-to-door service as

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their basic mode of service (some Reasonable modification requirements generally reasonable requests that could commenters said as many as 50 percent are part of existing requirements for justly be denied in some circumstances, of paratransit operators provide door-to- recipients of Federal financial and some requests that generally need door service) or follow what, in effect, assistance, DOJ ADA rules for public not be granted that should be granted in is curb-to-curb with reasonable and private entities, DOT ADA rules for other circumstances. In addition, we modification approach for paratransit, passenger vessels, and DOT rules under recognize that no list of potential or allowed fixed route buses flexibility the Air Carrier Access Act. In none of requests can ever be completely in terms of where they stop. Some of these contexts has the existence of a comprehensive, since the possible these commenters said that transit reasonable modification requirement situations that can arise are far more operators imposed conditions on the created a significant obstacle to the varied than can be set down in any kind of modifications that could be conduct of the wide variety of public document. That said, we hope that this made (e.g., drivers could only leave the and private functions covered by these Appendix will successfully guide vehicle for a limited time or distance). rules. Nor has it led to noticeable transportation entities’ actions in a In some cases, commenters said, increases in costs. At this point, surface substantial majority of the kinds of while they use their discretion to make transportation entities are the only class situations commenters have called to the kinds of modifications the NPRM of entities not explicitly covered by an our attention, substantially reducing the proposed, they wanted these actions to ADA regulatory reasonable modification number of situations in which from- remain discretionary, rather than being requirement. Having reviewed the scratch judgment calls would need to be the subject of a Federal mandate. A comments to this rulemaking, the made, and will provide an smaller number of commenters asked Department has concluded that understandable framework for for additional guidance on expectations commenters failed to make a persuasive transportation entities’ thinking about under a reasonable modification rule or case that there is legal justification for specific requests not listed. Of course, as for clarification of an enforcement public transportation entities to be the Department learns of situations not mechanism for the proposed treated differently than other covered in the Appendix, we may add requirement. transportation entities. Further, per the to it. analysis above, section 504 requires Disability community commenters The Department wants again to make entities receiving Federal financial were virtually unanimous in supporting clear that, as stated in the preamble to assistance to make reasonable the proposal, saying that curb-to-curb the last rulemaking: accommodations to policies and paratransit service was often inadequate [the] September 2005 guidance concerning practices when necessary to provide for some people with disabilities, who, origin-to-destination service remains the nondiscriminatory access to services. in some circumstances, could not make Department’s interpretation of the obligations This existing requirement applies to of ADA complementary paratransit providers use of ADA-mandated paratransit nearly all public transportation entities. under existing regulations. As with other service. For example, medical oxygen As stated in the NPRM, DOT interpretations of regulatory provisions, the users should not have to use part of recognizes that not all requests by Department will rely on this interpretation in their supply waiting at the curb for a individuals with disabilities for implementing and enforcing the origin-to- vehicle; blind passengers may need destination requirement of part 37. 76 FR modifications of transportation provider 57924, 57934 (Sept. 19, 2011). wayfinding assistance to get to or from policies are, in fact, reasonable. The a vehicle; or bad weather may make NPRM recognized three types of Thus, achieving the objective of passage to or from a vehicle unduly modifications that would not create an providing origin-to-destination service difficult for wheelchair users. Some obligation for a transportation provider does not require entities to make door- disability community commenters to agree with a request: (1) Those that to-door service their basic mode of supported the inclusion in the rule of would fundamentally alter the service provision. It remains entirely various other provisions of the DOJ provider’s program, (2) those that would consistent with the Department’s ADA ADA regulations (e.g., with respect to create a direct threat, as defined in 49 rule to provide ADA complementary auxiliary aids and services). CFR 37.3, as a significant risk to the paratransit in a curb-to-curb mode. DOT Response to Comments health or safety of others, and (3) those When a paratransit operator does so, that are not necessary to enable an however, it would need to make Reasonable modification is a central individual to receive the provider’s exceptions to its normal curb-to-curb concept of disability nondiscrimination services. The NPRM provided some policy where a passenger with a law, based on the principle that it is examples of modifications that should disability makes a request for assistance essential for entities to consider be or need not be granted. Commenters beyond curb-to-curb service that is individuals with disabilities as from both the disability community and needed to provide access to the service individuals, not simply as members of the transit industry provided a vastly and does not result in a fundamental a category. The concept recognizes that larger set of examples of modifications alteration or direct threat to the health entities may have general policies, that they had encountered or believed or safety of others. Given the large legitimate on their face, that prevent either should or should not be granted. number of comments on this issue, and nondiscriminatory access to entities’ To respond to commenters’ concerns to further clarify the Department’s service, programs, or facilities by some that, given the wide variety of requests position on this, we have added a individuals with disabilities under some that can be made, it is too difficult to definition of ‘‘origin-to-destination’’ in circumstances. The concept calls on make the judgment calls involved, the part 37. entities to make individual exceptions Department has created an Appendix E As commenters noted, a significant to these general policies, where needed to its ADA regulation that lists examples number of paratransit operators already to provide meaningful, of types of requests that we believe, in follow an origin-to-destination policy nondiscriminatory access to services, most cases, either will be reasonable or that addresses the needs of passengers programs, or facilities, unless making not. This guidance recognizes that, that require assistance beyond the curb such an exception would require a given the wide variety of circumstances in order to use the paratransit service. fundamental alteration of an entity’s with which transportation entities and This fact necessarily means that these programs. passengers deal, there may be some providers can and do handle individual

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requests successfully. When a respect to public transportation and participate extensively in the significant number of complementary paratransit, as § 37.5(f) notes, private rulemaking process, as the docket amply paratransit systems already do entities that were engaged in the demonstrates. As stated previously, essentially what this rule requires, or business of providing private transportation industry commenters more, it is difficult to argue that it transportation services have always prefer to use their discretion to make the cannot be done without encountering been obligated to provide reasonable kinds of modifications the NPRM insuperable problems. modifications under title III of the ADA. proposed, rather than being subject to a To respond to commenters’ concerns Further, as stated above, reasonable Federal mandate. These entities about an asserted onerous review accommodation is a requirement under continue to have the discretion to grant process of requested modifications, the section 504 of the Rehabilitation Act of or deny requests for reasonable Department has removed the 1973. modification, albeit in the context of requirement that a response to a request We do not agree with commenters Appendix E. be in writing, and is amending the who asserted that reasonable The effects of the final rule on fixed complaint procedure in 49 CFR 27.13, modification goes beyond the concept of route service are quite modest, and and then mirroring that provision in a comparable complementary paratransit comments did not assert the contrary. new section 37.17, to ensure it applies found in the ADA, going too far in the The issue of the cost impact of the not just to recipients of Federal funds direction of individualized, human reasonable modification focused almost but to all designated public services transportation, rather than mass exclusively on ADA complementary transportation entities. A person who is transit. To the contrary, complementary paratransit. There was little in the way denied a modification may file a paratransit remains a shared-ride service of allegations that making exceptions to complaint with the entity, but the that must meet regulatory service usual policies would increase costs in process would be the same as with any criteria. Nothing in this final rule fixed route service. other complaint, so no separate changes that. What the final rule does In looking at the allegations of cost complaint procedure is listed in 37.169. make clear is that in providing increases on ADA complementary With respect to fixed route bus complementary paratransit service, paratransit, the Department stresses that service, the Department’s position— transit authorities must take reasonable all recipients of Federal financial elaborated upon in Appendix E—is that steps, even if case-by-case exceptions to assistance—which includes public transportation providers are not general procedures, to make sure that transportation entities of required to stop at nondesignated eligible passengers can actually get to complementary paratransit service—are locations. That is, a bus operator would the service and use it for its intended already required to modify policies, not have to stop and pick up a person purpose. ADA complementary practices, and procedures if needed by who is trying to flag down the bus from paratransit remains a safety net for an individual with a disability to enable a location unrelated to or not in individuals with disabilities who cannot him or her to participate in the proximity to a designated stop, use accessible fixed route service. recipient’s programs or activities, and regardless of whether or not that person Adhering rigidly to policies that deny this principle has been applied by has a disability. On the other hand, if a access to this safety net is inconsistent Federal agencies and the courts person with a disability is near a bus with the nondiscrimination obligations accordingly. However, to provide stop, but cannot get to the precise of transportation entities. Because commenters with a fuller response to location of the bus stop sign (e.g., transportation entities would not be their comments, the Department would because there is not an accessible path required to make any modifications to further make three primary points. First, of travel to that precise location) or their general policies that would based on statements on transportation cannot readily access the bus from the fundamentally alter their service, the provider Web sites and other precise location of the bus stop sign basic safety net nature of information, one-half to two-thirds of (e.g., because of construction, snow, or complementary paratransit service transit authorities already provide either a hazard that makes getting onto the lift remains unchanged. door-to-door service as their basic mode from the area of the bus stop sign too By the terms of the Unfunded of service or provide what amounts to difficult or dangerous), then it is Mandates Reform Act of 1995, as curb-to-curb service with assistance consistent both with the principle of amended, requirements to comply with beyond the curb as necessary in order to reasonable modification and with nondiscrimination laws, including those enable the passenger to use the service. common sense to pick up that passenger pertaining to disability, are not The rule would not require any change a modest distance from the bus stop unfunded mandates subject to the in behavior, or any increase in costs, for sign. Doing so would not fundamentally provisions of the Act. 2 U.S.C. 1503. As these entities. Second, the effect of alter the service or cause significant a practical matter, for the vast majority providing paratransit service in a door- delays or degradation of service. of transportation entities subject to the to-door, or curb-to-curb, with reasonable While it is understandable that DOT ADA regulation who receive FTA modification, mode on per-trip costs is commenters opposed to reasonable or other DOT financial assistance, minimal. In situations where modification would support the compliance with any DOT regulations arrangements for reasonable outcome of Melton and cases that is, to a significant degree, a funded modification are made in advance, followed, it is important to understand mandate. For both these reasons, which would be a significant portion of that the reasoning of these cases is based comments suggesting that the proposal all paratransit modification requests, largely on the proposition that, in the would impose an unfunded mandate per-trip costs could even be slightly absence of a DOT ADA regulation, were incorrect. lower. The concerns expressed by transportation entities could not be With respect to federalism, State and commenters that per-trip costs would required to make reasonable local governments were consulted about escalate markedly appear not to be modifications on the basis of DOJ the rule, both by means of the supported by the data. Third, there requirements, standing alone. This final opportunity to comment on the NPRM could be cost increases, compared to rule will fill the regulatory gap that and a public meeting. Transportation current behavior, for paratransit Melton identified. While Melton stated authorities—many of which are likely to operators that do not comply with that there was a gap in coverage with be State and local entities—did existing origin-to-destination

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requirements of the rule. Suppressing accommodations to policies, practices, provider uses printed media and a Web paratransit ridership by preventing or procedures when the site to inform customers about bus and eligible individuals from using the accommodations are necessary to avoid paratransit services, then it must use service or making the use of the service discrimination on the basis of disability these means to inform people about the inconvenient saves money for entities. unless making the modifications (1) reasonable modification process. Of Conversely, making service more usable, would fundamentally alter the nature of course, like all communications, this and hence more attractive, could the service, program, or activity, or (2) information must be provided by means increase usage. Because of the operating would result in undue financial and accessible to individuals with cost-intensive nature of paratransit administrative burdens. disabilities.1 service, providing service to more With regard to the Department’s ADA Second, the process must provide an people tends to increase costs. The regulations in part 37, we are revising accessible means by which individuals Department estimated that increased the regulation to further clarify this with disabilities can request a costs from increased ridership stemming requirement and to fill in the gap reasonable modification/ from improved service could amount to identified by the courts. Under our accommodation. Whenever feasible, $55 million per year nationwide for revised part 37 regulations, public requests for modifications should be those public transportation entities who transportation entities may deny made in advance. This is particularly are not in compliance with the current requests for modifications to their appropriate where a permanent or long- DOT origin-to-destination regulations. policies and practices on one or more of term condition or barrier is the basis for This estimate would be at the upper the following grounds: Making the the request (e.g., difficulty in access to end of the range of possible ridership- modifications (1) would fundamentally a paratransit vehicle from the generated cost increases, since it is not alter the nature of the service, program, passenger’s residence; the need to eat a clear that transportation entities with a or activity, (2) would result in a direct snack on a rail car to maintain a strict curb-to-curb policy never provide threat to the health or safety of others, diabetic’s blood sugar levels; lack of an modifications to their service. Analysts or (3) without the requested accessible path of travel to a bus stop, made the assumption that transportation modification, the individual with a resulting in a request to have the bus agencies with curb-to-curb policies did disability is able to fully use the entity’s stop a short distance from the bus stop not make modifications when services, programs, or activities for their location). In the paratransit context, it modifications were not mentioned on intended purpose. Please note that may often be possible to consider the entities’ Web sites. Disability under our section 504 regulations at part requests of this kind in conjunction community commenters suggested that, 27, there is an undue financial and with the eligibility process. The request as a practical matter, transportation administrative burden defense, which is from the individual with a disability entities often provide what amounts to not relevant to our ADA regulations at should be as specific as possible and modifications even if their formal part 37. include information on why the policies do not call for doing so. This final rule revises section 37.169, requested modification is needed in In addition, it should be emphasized which focuses on the reasonable order to allow the individual to use the that transportation entities who comply modification obligations of public transportation provider’s services. with the existing rule’s origin-to- entities providing designated public Third, the process must also provide destination requirement will not transportation, including fixed route, for those situations in which an advance encounter ridership-related cost demand-responsive, and request and determination is not increases. In an important sense, any complementary paratransit service. The feasible. The Department recognizes that paratransit operation that sees an key requirement of the section is that these situations are likely to be more increase in ridership when this rule these types of transportation entities difficult to handle than advance goes into effect are experiencing implement their own processes for requests, but responding to them is increased costs at this time because of making decisions on and providing necessary. For example, a passenger their unwillingness to comply with reasonable modifications to their who uses a wheelchair may be able to existing requirements over the past policies and practices. In many cases, board a bus at a bus stop near his several years. agencies are handling requests for residence but may be unable to modifications during the paratransit disembark due to a parked car or utility Provisions of the Final Rule eligibility process, customer service repair blocking the bus boarding and In amendments to 49 CFR part 27 (the inquiries, and through the long-existing alighting area at the stop near his Department’s section 504 rule) and part requirement in the Department’s section destination. In such a situation, the 37 (the Department’s ADA rule for most 504 rule for a complaint process. transit vehicle operator would have the surface transportation), the Department Entities will need to review existing front-line responsibility for deciding is incorporating specific requirements to procedures and conform them to the whether to grant the on-the-spot request, clarify that public transportation entities new rule as needed. The Department is though it would be consistent with the are required to modify policies, not requiring that the process be rule for the operator to call his or her practices, procedures that are needed to approved by DOT, and the shape of the supervisor for guidance on how to ensure access to programs, benefits, and process is up to the transportation proceed. services. provider, but it must meet certain basic Further, section 37.169 states three With regard to the Department’s criteria. The DOT can, however, review grounds on which a transportation section 504 rule at 49 CFR part 27, we an entity’s process as part of normal provider could deny a requested are revising the regulation to program oversight, including modification. These grounds apply both specifically incorporate the preexisting compliance reviews and complaint to advance requests and on-the-spot reasonable accommodation requirement investigations. requests. The first ground is that the recognized by the U.S. Supreme Court First, the entity must make request would result in a fundamental (see, e.g., Choate and Davis). The information about the process, and how alteration of the provider’s services (e.g., revised section 27.7 will clarify that to use it, readily available to the public, a request for a dedicated vehicle in recipients of Federal financial assistance including individuals with disabilities. are required to provide reasonable For example, if a transportation 1 See 28 CFR 35.160(b)(1).

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paratransit service, a request for a fixed interest, DOT agencies may intervene of government; (2) imposes substantial route bus to deviate from its normal and take enforcement action. direct compliance costs on State and route to pick up someone). The second local governments; or (3) preempts State Regulatory Analyses and Notices ground is that fulfilling a request for a law. Therefore, the rule does not have modification would create a direct Executive Order 12866 (Regulatory federalism impacts sufficient to warrant threat to the health or safety of others Planning and Review), DOT Regulatory the preparation of a Federalism (e.g., a request that would require a Policies and Procedures, and Executive Assessment. driver to engage in a highly hazardous Order 13563 (Improving Regulation and Executive Order 13084 (Consultation activity in order to assist a passenger, Regulatory Review) and Coordination With Indian Tribal such as having to park a vehicle for a This final rule is not significant for Governments) prolonged period of time in a no- purposes of Executive Orders 12866 and parking zone on a high-speed, high- The final rule has been analyzed in 13563 and the Department of accordance with the principles and volume highway that would expose the Transportation’s Regulatory Policies and vehicle to a heightened probability of criteria contained in Executive Order Procedures. Therefore, it has not been 13084. Because this final rule does not being involved in a crash). Third, the reviewed by the Office of Management requested modification would not be significantly or uniquely affect the and Budget under Executive Order communities of the Indian Tribal necessary to permit the passenger to use 12866 and Executive Order 13563. The the entity’s services for their intended governments or impose substantial costs of this rulemaking are expected to direct compliance costs on them, the purpose in a nondiscriminatory fashion be minimal for two reasons. First, (e.g., the modification might make funding and consultation requirements modifications to policies, practices, and of Executive Order 13084 do not apply. transportation more convenient for the procedures, if needed by an individual passenger, who could nevertheless use with a disability to enable him or her to Regulatory Flexibility Act the service successfully to get where he participate in a program or activity, are The Regulatory Flexibility Act or she is going without the already required by other Federal law modification). Appendix E provides (5 U.S.C. 601, et seq.) requires an agency that applies to recipients of Federal to review regulations to assess their additional examples of requested financial assistance. Since virtually modifications that transportation impact on small entities unless the every entity subject to this final rule agency determines that a rule is not entities usually would not be required receives Federal financial assistance, to grant for one or more of these reasons. expected to have a significant economic each entity should already be modifying impact on a substantial number of small Where a transportation provider has a its policies, practices, and procedures entities. The Department certifies that sound basis, under this section, for when necessary. Second, the reasonable this rule will not have a significant denying a reasonable modification modification/accommodation economic impact on a substantial request, the entity would still need to do requirements contained in this final rule number of small entities. The rule may all it could to enable the requester to are not very different from the origin-to- affect actions of some small entities receive the services and benefits it destination requirement already (e.g., small paratransit operations). provides (e.g., a different work-around applicable to complementary paratransit However, the bulk of paratransit to avoid an obstacle to transportation service, as required by current DOT operators are not small entities, and the from the one requested by the regulations at 49 CFR 37.129(a) and as majority of all paratransit operators passenger). Transportation agencies that described in its implementing guidance. already appear to be in compliance. are Federal recipients are required to However, the Department recognizes There are not significant cost impacts on have a complaint process in place. The that it is likely that some regulated fixed route service at all, and the Department has added a new section entities are not complying with the number of small grantees who operate 37.17 that extends the changes made to current section 504 requirements and fixed route systems is not large. Since 49 CFR 27.13 to all public and private origin-to-destination regulation. In those operators can provide service in a entities that provide transportation circumstances only, the Department demand-responsive mode (e.g., route services, regardless of whether the estimates that increased costs from deviation) that does not require the entity receives Federal funds. increased ridership stemming from provision of complementary paratransit, By requiring entities to implement a improved service could amount to $55 significant financial impacts on any local reasonable modification process, million per year nationwide for those given operator are unlikely. the Department intends decisions on public transportation entities who are individual requests for modification to not in compliance with the current DOT Paperwork Reduction Act be addressed at the local level. The origin-to-destination regulations and This rule imposes no new information Department does not intend to use its section 504 requirements. Those costs reporting or recordkeeping necessitating complaint process to resolve are not a cost of this rule, but rather a clearance by the Office of Management disagreements between transportation cost of coming into compliance with and Budget. entities and individuals with disabilities current law. about whether a particular modification National Environmental Policy Act request should have been granted. Executive Order 13132 (Federalism) The agency has analyzed the However, if an entity does not have the This final rule has been analyzed in environmental impacts of this action required process, it is not being accordance with the principles and pursuant to the National Environmental operated properly (e.g., the process is criteria contained in Executive Order Policy Act of 1969 (NEPA) (42 U.S.C. inaccessible to people with disabilities, 13132. This final rule does not include 4321 et seq.) and has determined that it does not respond to communications any provision that (1) has substantial is categorically excluded pursuant to from prospective complainants), it is not direct effects on the States, the DOT Order 5610.1C, Procedures for being operated in good faith (e.g., relationship between the national Considering Environmental Impacts virtually all complaints are routinely government and the States, or the (44 FR 56420, Oct. 1, 1979). Categorical rejected, regardless of their merits), or in distribution of power and exclusions are actions identified in an any particular case raising a Federal responsibilities among the various level agency’s NEPA implementing

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procedures that do not normally have a PART 27—NONDISCRIMINATION ON complaint allegations, including its significant impact on the environment THE BASIS OF DISABILITY IN reasons for the response, to the and therefore do not require either an PROGRAMS OR ACTIVITIES complainant by a means that will result environmental assessment (EA) or RECEIVING FEDERAL FINANCIAL in documentation of the response. environmental impact statement (EIS). ASSISTANCE See 40 CFR 1508.4. In analyzing the PART 37—TRANSPORTATION applicability of a categorical exclusion, ■ 1. The authority citation for part 27 is SERVICES FOR INDIVIDUALS WITH the agency must also consider whether revised to read as follows: DISABILITIES (ADA) extraordinary circumstances are present Authority: Section 504 of the ■ 4. The authority citation for part 27 that would warrant the preparation of Rehabilitation Act of 1973, as amended (29 continues to read as follows: an EA or EIS. Id. Paragraph 3.c.5 of DOT U.S.C. 794); 49 U.S.C. 5332. Order 5610.1C incorporates by reference ■ 2. Amend § 27.7 by adding a new Authority: 42 U.S.C. 12101–12213; 49 U.S.C. 322. the categorical exclusions for all DOT paragraph (e) to read as follows: Operating Administrations. This action ■ 5. In § 37.3, add a definition of § 27.7 Discrimination prohibited. is covered by the categorical exclusion ‘‘Origin-to-destination service’’ in listed in the Federal Highway * * * * * alphabetical order to read as follows: Administration’s implementing (e) Reasonable accommodations. A procedures, ‘‘[p]romulgation of rules, recipient shall make reasonable § 37.3 Definitions. regulations, and directives.’’ 23 CFR accommodations in policies, practices, * * * * * 771.117(c)(20). The purpose of this or procedures when such Origin-to-destination service means rulemaking is to provide that accommodations are necessary to avoid providing service from a passenger’s transportation entities are required to discrimination on the basis of disability origin to the passenger’s destination. A make reasonable modifications/ unless the recipient can demonstrate provider may provide ADA accommodations to policies, practices, that making the accommodations would complementary paratransit in a curb-to- and procedures to avoid discrimination fundamentally alter the nature of the curb or door-to-door mode. When an and ensure that their programs are service, program, or activity or result in ADA paratransit operator chooses curb- accessible to individuals with an undue financial and administrative to-curb as its primary means of disabilities. The agency does not burden. For the purposes of this section, providing service, it must provide anticipate any environmental impacts, the term reasonable accommodation assistance to those passengers who need and there are no extraordinary shall be interpreted in a manner assistance beyond the curb in order to circumstances present in connection consistent with the term ‘‘reasonable use the service unless such assistance with this rulemaking. modifications’’ as set forth in the would result in in a fundamental Americans with Disabilities Act title II alteration or direct threat. There are a number of other statutes regulations at 28 CFR 35.130(b)(7), and * * * * * and Executive Orders that apply to the not as it is defined or interpreted for the ■ 6. Amend § 37.5 by revising paragraph rulemaking process that the Department purposes of employment discrimination (h) and adding paragraph (i) to read as considers in all rulemakings. However, under title I of the ADA (42 U.S.C. follows: none of them is relevant to this rule. 12111–12112) and its implementing These include the Unfunded Mandates regulations at 29 CFR part 1630. § 37.5 Nondiscrimination. Reform Act (which does not apply to ■ 3. Revise § 27.13 to read as follows: nondiscrimination/civil rights * * * * * requirements), Executive Order 12630 § 27.13 Designation of responsible (h) It is not discrimination under this (concerning property rights), Executive employee and adoption of complaint part for an entity to refuse to provide Order 12988 (concerning civil justice procedures. service to an individual with disabilities reform), and Executive Order 13045 (a) Designation of responsible because that individual engages in (protection of children from employee. Each recipient shall designate violent, seriously disruptive, or illegal environmental risks). at least one person to coordinate its conduct, or represents a direct threat to efforts to comply with this part. the health or safety of others. However, List of Subjects (b) Adoption of complaint procedures. an entity shall not refuse to provide service to an individual with disabilities 49 CFR Part 27 A recipient shall adopt procedures that incorporate appropriate due process solely because the individual’s Administrative practice and standards and provide for the prompt disability results in appearance or procedure, Airports, Civil rights, and equitable resolution of complaints involuntary behavior that may offend, Highways and roads, Individuals with alleging any action prohibited by this annoy, or inconvenience employees of disabilities, Mass transportation, part and 49 CFR parts 37, 38, and 39. the entity or other persons. Railroads, Reporting and recordkeeping The procedures shall meet the following (i) Public and private entity requirements. requirements: distinctions.— (1) Private entity–private (1) The process for filing a complaint, transport. Private entities that are 49 CFR Part 37 including the name, address, telephone primarily engaged in the business of transporting people and whose Buildings and facilities, Buses, Civil number, and email address of the operations affect commerce shall not rights, Individuals with disabilities, employee designated under paragraph discriminate against any individual on Mass transportation, Railroads, (a) of this section, must be sufficiently the basis of disability in the full and Reporting and recordkeeping advertised to the public, such as on the equal enjoyment of specified requirements, Transportation. recipient’s Web site; (2) The procedures must be accessible transportation services. This obligation For the reasons set forth in the to and usable by individuals with includes, with respect to the provision preamble, the Department of disabilities; of transportation services, compliance Transportation amends 49 CFR parts 27 (3) The recipient must promptly with the requirements of the rules of the and 37, as follows: communicate its response to the Department of Justice concerning

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eligibility criteria, making reasonable (2) The procedures must be accessible determination to grant or deny the modifications, providing auxiliary aids to and usable by individuals with request. and services, and removing barriers disabilities; (c) Requests for modification of a (28 CFR 36.301–36.306). (3) The entity must promptly public entity’s policies and practices (2) Private entity–public transport. communicate its response to the may be denied only on one or more of Private entities that provide specified complaint allegations, including its the following grounds: public transportation shall make reasons for the response, to the (1) Granting the request would reasonable modifications in policies, complainant and must ensure that it has fundamentally alter the nature of the practices, or procedures, when the documented its response. entity’s services, programs, or activities; modifications are necessary to afford ■ 8. Add § 37.169 to read as follows: (2) Granting the request would create goods, services, facilities, privileges, a direct threat to the health or safety of advantages, or accommodations to § 37.169 Process to be used by public others; individuals with disabilities, unless the entities providing designated public (3) Without the requested entity can demonstrate that making the transportation service in considering modification, the individual with a requests for reasonable modification. modifications would fundamentally disability is able to fully use the entity’s alter the nature of the goods, services, (a)(1) A public entity providing services, programs, or activities for their facilities, privileges, advantages, or designated public transportation, in intended purpose. accommodations. meeting the reasonable modification (d) In determining whether to grant a (3) Public entity–public transport. requirement of § 37.5(g)(1) with respect requested modification, public entities Public entities that provide designated to its fixed route, demand responsive, shall be guided by the provisions of public transportation shall make and complementary paratransit services, Appendix E to this Part. reasonable modifications in policies, shall respond to requests for reasonable (e) In any case in which a public practices, or procedures when the modification to policies and practices entity denies a request for a reasonable modifications are necessary to avoid consistent with this section. modification, the entity shall take, to the discrimination on the basis of disability (2) The public entity shall make maximum extent possible, any other or to provide program accessibility to information about how to contact the actions (that would not result in a direct their services, subject to the limitations public entity to make requests for threat or fundamental alteration) to of § 37.169(c)(1)–(3). This requirement reasonable modifications readily ensure that the individual with a applies to the means public entities use available to the public through the same disability receives the services or benefit to meet their obligations under all means it uses to inform the public about provided by the entity. provisions of this part. its policies and practices. (f)(1) Public entities are not required (4) In choosing among alternatives for (3) This process shall be in operation to obtain prior approval from the meeting nondiscrimination and no later than July 13, 2015. Department of Transportation for the accessibility requirements with respect (b) The process shall provide a means, process required by this section. to new, altered, or existing facilities, or accessible to and usable by individuals (2) DOT agencies retain the authority designated or specified transportation with disabilities, to request a to review an entity’s process as part of services, public and private entities modification in the entity’s policies and normal program oversight. shall give priority to those methods that practices applicable to its transportation ■ 9. Add a new Appendix E to Part 37 offer services, programs, and activities services. to read as follows: to qualified individuals with disabilities (1) Individuals requesting Appendix E to Part 37—Reasonable in the most integrated setting modifications shall describe what they Modification Requests appropriate to the needs of individuals need in order to use the service. with disabilities. (2) Individuals requesting A. This appendix explains the Department’s interpretation of §§ 37.5(g) and ■ 7. Add § 37.17 to read as follows: modifications are not required to use the term ‘‘reasonable modification’’ when 37.169. It is intended to be used as the official position of the Department § 37.17 Designation of responsible making a request. concerning the meaning and implementation employee and adoption of complaint (3) Whenever feasible, requests for of these provisions. The Department also procedures. modifications shall be made and issues guidance by other means, as provided (a) Designation of responsible determined in advance, before the in § 37.15. The Department also may update employee. Each public or private entity transportation provider is expected to this appendix periodically, provided in subject to this part shall designate at provide the modified service, for response to inquiries about specific least one person to coordinate its efforts example, during the paratransit situations that are of general relevance or to comply with this part. (b) Adoption eligibility process, through customer interest. of complaint procedures. An entity shall service inquiries, or through the entity’s B. The Department’s ADA regulations adopt procedures that incorporate complaint process. contain numerous requirements concerning fixed route, complementary paratransit, and appropriate due process standards and (4) Where a request for modification other types of transportation service. provide for the prompt and equitable cannot practicably be made and Transportation entities necessarily formulate resolution of complaints alleging any determined in advance (e.g., because of policies and practices to meet these action prohibited by this part and 49 a condition or barrier at the destination requirements (e.g., providing fixed route bus CFR parts 27, 38 and 39. The procedures of a paratransit or fixed route trip of service that people with disabilities can use shall meet the following requirements: which the individual with a disability to move among stops on the system, (1) The process for filing a complaint, was unaware until arriving), operating providing complementary paratransit service including the name, address, telephone personnel of the entity shall make a that gets eligible riders from their point of origin to their point of destination). There number, and email address of the determination of whether the may be certain situations, however, in which employee designated under paragraph modification should be provided at the the otherwise reasonable policies and (a) of this section, must be sufficiently time of the request. Operating personnel practices of entities do not suffice to achieve advertised to the public, such as on the may consult with the entity’s the regulation’s objectives. Implementing a entity’s Web site; management before making a fixed route bus policy in the normal way may

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not allow a passenger with a disability to the front door of his or her home, should be health consequences, the request should be access and use the system at a particular granted, as long as the requested pick-up granted, even if the transportation provider location. Implementing a paratransit policy location does not pose a direct threat. has a policy that prohibits eating or drinking. in the usual way may not allow a rider to get Similarly, in the case of frequently visited For example, a person with diabetes may from his or her origin to his or her public places with multiple entrances (e.g., need to consume a small amount of orange destination. In these situations, subject to the shopping malls, employment centers, juice in a closed container or a candy bar in limitations discussed below, the schools, hospitals, airports), the paratransit order to maintain blood sugar levels. transportation provider must make operator should pick up and drop off the 7. Medicine. A passenger’s request to take reasonable modifications of its service in passenger at the entrance requested by the medication while aboard a fixed route or order to comply with the underlying passenger, rather than meet them in a paratransit vehicle or in a transit facility requirements of the rule. These underlying location that has been predetermined by the should be granted. For example, transit provisions tell entities the end they must transportation agency, again assuming that agencies should modify their policies to achieve; the reasonable modification doing so does not involve a direct threat. allow individuals to administer insulin provision tells entities how to achieve that 3. Private Property. Paratransit passengers injections and conduct finger stick blood end in situations in which normal policies may sometimes seek to be picked up on glucose testing. Transit staff need not provide and practices do not succeed in doing so. private property (e.g., in a gated community medical assistance, however, as this would C. As noted above, the responsibility of or parking lot, mobile home community, be a fundamental alteration of their function. entities to make requested reasonable business or government facility where 8. Boarding Separately From Wheelchair. modifications is not without some vehicle access requires authorized passage A wheelchair user’s request to board a fixed limitations. There are four classes of through a security barrier). Even if the route or paratransit vehicle separately from situations in which a request may paratransit operator does not generally have his or her device when the occupied weight legitimately be denied. The first is where a policy of picking up passengers on such of the device exceeds the design load of the granting the request would fundamentally private property, the paratransit operator vehicle lift should generally be granted. alter the entity’s services, programs, or should make every reasonable effort to gain (Note, however, that under § 37.165(b), activities. The second is where granting the access to such an area (e.g., work with the entities are required to accommodate device/ user loads and dimensions that exceed the request would create a direct threat to the passenger to get the permission of the former ‘‘common wheelchair’’ standard, as health or safety of others. The third is where property owner to permit access for the long as the vehicle and lift will accommodate without the requested modification, the paratransit vehicle). The paratransit operator them.) individual with a disability is able to fully is not required to violate the law or lawful 9. Dedicated vehicles or special equipment use the entity’s services, programs, or access restrictions to meet the passenger’s requests. A public or private entity that in a vehicle. A paratransit passenger’s request activities for their intended purpose. The for special equipment (e.g., the installation of unreasonably denies access to a paratransit fourth, which applies only to recipients of specific hand rails or a front seat in a vehicle vehicle may be subject to a complaint to the Federal financial assistance, is where for the passenger to avoid nausea or back U.S. Department of Justice or U.S. granting the request would cause an undue pain) can be denied so long as the requested Department of Housing and Urban financial and administrative burden. In the equipment is not required by the Americans examples that follow, these limitations are Development for discriminating against with Disabilities Act or the Department’s taken into account. services for persons with disabilities. rules. Likewise, a request for a dedicated D. The examples included in this appendix 4. Obstructions. For fixed route services, a vehicle (e.g., to avoid residual chemical are neither exhaustive nor exclusive. passenger’s request for a driver to position odors) or a specific type or appearance of Transportation entities may need to make the vehicle to avoid obstructions to the vehicle (e.g., a sedan rather than a van, in determinations about requests for reasonable passenger’s ability to enter or leave the order to provide more comfortable service) modification that are not described in this vehicle at a designated stop location, such as can be denied. In all of these cases, the appendix. Importantly, reasonable parked cars, snow banks, and construction, Department views meeting the request as modification applies to an entities’ own should be granted so long as positioning the involving a fundamental alteration of the policies and practices, and not regulatory vehicle to avoid the obstruction does not provider’s service. requirements contained in 49 CFR parts 27, pose a direct threat. To be granted, such a 10. Exclusive or Reduced Capacity 37, 38, and 39, such as complementary request should result in the vehicle stopping Paratransit Trips. A passenger’s request for paratransit service going beyond 3⁄4 mile of in reasonably close proximity to the an exclusive paratransit trip may be denied the fixed route, providing same day designated stop location. Transportation as a fundamental alteration of the entity’s complementary paratransit service, etc. entities are not required to pick up services. Paratransit is by nature a shared- passengers with disabilities at nondesignated Examples ride service. locations. Fixed route operators would not 11. Outside of the Service Area or 1. Snow and Ice. Except in extreme have to establish flag stop or route-deviation Operating Hours. A person’s request for fixed conditions that rise to the level of a direct policies, as these would be fundamental route or paratransit service may be denied threat to the driver or others, a passenger’s alterations to a fixed route system rather than when honoring the request would require the request for a paratransit driver to walk over reasonable modifications of a system. transportation provider to travel outside of its a pathway that has not been fully cleared of Likewise, subject to the limitations discussed service area or to operate outside of its snow and ice should be granted so that the in the introduction to this appendix, operating hours. This request would not be driver can help the passenger with a paratransit operators should be flexible in a reasonable modification because it would disability navigate the pathway. For example, establishing pick up and drop off points to constitute a fundamental alteration of the ambulatory blind passengers often have avoid obstructions. entity’s service. difficulty in icy conditions, and allowing the 5. Fare Handling. A passenger’s request for 12. Personal Care Attendant (PCA). While passenger to take the driver’s arm will transit personnel (e.g., the driver, station PCAs may travel with a passenger with a increase both the speed and safety of the attendant) to handle the fare media when the disability, transportation agencies are not passenger’s walk from the door to the passenger with a disability cannot pay the required to provide a personal care attendant vehicle. Likewise, if snow or icy conditions fare by the generally established means or personal care attendant services to meet at a bus stop make it difficult or impossible should be granted on fixed route or the needs of passengers with disabilities on for a fixed route passenger with a disability paratransit service (e.g., in a situation where paratransit or fixed route trips. For example, to get to a lift, or for the lift to deploy, the a bus passenger cannot reach or insert a fare a passenger’s request for a transportation driver should move the bus to a cleared area into the farebox). Transit personnel are not entity’s driver to remain with the passenger for boarding, if such is available within required to reach into pockets or backpacks who, due to his or her disability, cannot be reasonable proximity to the stop (see in order to extract the fare media. left alone without an attendant upon Example 4 below). 6. Eating and Drinking. If a passenger with reaching his or her destination may be 2. Pick Up and Drop Off Locations with diabetes or another medical condition denied. It would be a fundamental alteration Multiple Entrances. A paratransit rider’s requests to eat or drink aboard a vehicle or of the driver’s function to provide PCA request to be picked up at home, but not at in a transit facility in order to avoid adverse services of this kind.

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13. Intermediate Stops. The Department to access should generally be granted as long passengers in the vehicle, such that he or she views granting a paratransit passenger’s as picking up the passenger does not expose must remain in their physical presence at all request for a driver to make an intermediate the vehicle to hazards that pose a direct times. stop, where the driver would be required to threat (e.g., it is unsafe for the vehicle and 25. Need for Return Trip Assistance. A wait, as optional. For example, a passenger its occupants to get to the pick-up point passenger with a disability may need with a disability arranges to be picked up at without getting stuck or running off the assistance for a return trip when he or she a medical facility and dropped off at home. road). On the way, the passenger with a disability 19. Specific Drivers. A passenger’s request did not need that assistance on the initial wishes to stop by a pharmacy and requests for a specific driver may be denied. Having trip. For example, a dialysis patient may have that the driver park outside of the pharmacy, a specific driver is not necessary to afford the no problem waiting at the curb for a ride to wait for the passenger to return, and then passenger the service provided by the transit go to the dialysis center, but may well require continue the ride home. While this can be a operator. assistance to the door on his or her return very useful service to the rider, and in some 20. Luggage and Packages. A passenger’s trip because of physical weakness or fatigue. cases can save the provider’s time and money request for a fixed route or paratransit driver To the extent that this need is predictable, it (by scheduling and providing a separate trip to assist with luggage or packages may be should be handled in advance, either as part to and from the drug store), such a stop in denied in those instances where it is not the of the eligibility process or the provider’s the context of a shared ride system is not normal policy or practice of the reservations process. If the need arises required. Since paratransit is, by its nature, transportation agency to assist with luggage a shared ride system, requests that could or packages. Such assistance is a matter for unexpectedly, then it would need to be disrupt schedules and inconvenience other the passenger or PCA, and providing this handled on an ad hoc basis. The paratransit passengers could rise to the level of a assistance would be a fundamental alteration operator should generally provide such fundamental alteration. of the driver’s function. assistance, unless doing so would create a 14. Payment. A passenger’s request for a 21. Request to Avoid Specific Passengers. direct threat, or leave the vehicle unattended fixed route or paratransit driver to provide A paratransit passenger’s request not to ride or out of visual observation for a lengthy the transit service when the passenger with with certain passengers may be denied. period of time. a disability cannot or refuses to pay the fare Paratransit is a shared-ride service. As a 26. Five-Minute Warning or Notification of may be denied. If the transportation agency result, one passenger may need to share the Arrival Calls. A passenger’s request for a requires payment to ride, then to provide a vehicle with people that he or she would telephone call 5 minutes (or another free service would constitute a fundamental rather not. reasonable interval) in advance or at time of alteration of the entity’s service. 22. Navigating an Incline, or Around 15. Caring for Service Animals. A Obstacles. A paratransit passenger’s request vehicle arrival generally should be granted. paratransit or fixed route passenger’s request for a driver to help him or her navigate an As a matter of courtesy, such calls are that the driver take charge of a service animal incline (e.g., a driveway or sidewalk) with encouraged as a good customer service model may be denied. Caring for a service animal the passenger’s wheeled device should and can prevent ‘‘no shows.’’ Oftentimes, is the responsibility of the passenger or a generally be granted. Likewise, assistance in these calls can be generated through an PCA. traversing a difficult sidewalk (e.g., one automated system. In those situations where 16. Opening Building Doors. For where tree roots have made the sidewalk automated systems are not available and paratransit services, a passenger’s request for impassible for a wheelchair) should generally paratransit drivers continue to rely on hand- the driver to open an exterior entry door to be granted, as should assistance around held communication devices (e.g., cellular a building to provide boarding and/or obstacles (e.g., snowdrifts, construction telephones) drivers should comply with any alighting assistance to a passenger with a areas) between the vehicle and a door to a State or Federal laws related to distracted disability should generally be granted as long passenger’s house or destination should as providing this assistance would not pose generally be granted. These modifications driving. a direct threat, or leave the vehicle would be granted subject, of course, to the 27. Hand-Carrying. Except in emergency unattended or out of visual observation for a proviso that such assistance would not cause situations, a passenger’s request for a driver lengthy period of time.1 Note that a request a direct threat, or leave the vehicle to lift the passenger out of his or her mobility for ‘‘door-through-door’’ service (i.e., unattended or out of visual observation for a device should generally be denied because of assisting the passenger past the door to the lengthy period of time. the safety, dignity, and privacy issues building) generally would not need to be 23. Extreme Weather Assistance. A implicated by hand-carrying a passenger. granted because it could rise to the level of passenger’s request to be assisted from his or Hand-carrying a passenger is also a PCA-type a fundamental alteration. her door to a vehicle during extreme weather service which is outside the scope of driver 17. Exposing Vehicle to Hazards. If the conditions should generally be granted so duties, and hence a fundamental alteration. passenger requests that a vehicle follow a long as the driver leaving the vehicle to assist path to a pick up or drop off point that would would not pose a direct threat, or leave the Issued this 6th day of March, 2015, at expose the vehicle and its occupants to vehicle unattended or out of visual Washington, DC, under authority delegated hazards, such as running off the road, getting observation for a lengthy period of time. For in 49 CFR 1.27(a). stuck, striking overhead objects, or reversing example, in extreme weather (e.g., very Kathryn B. Thomson, the vehicle down a narrow alley, the request windy or stormy conditions), a person who can be denied as creating a direct threat. is blind or vision-impaired or a frail elderly General Counsel. 18. Hard-to-Maneuver Stops. A passenger person may have difficulty safely moving to [FR Doc. 2015–05646 Filed 3–12–15; 8:45 am] may request that a paratransit vehicle and from a building. BILLING CODE 4910–9X–P navigate to a pick-up point to which it is 24. Unattended Passengers. Where a difficult to maneuver a vehicle. A passenger’s passenger’s request for assistance means that request to be picked up in a location that is the driver will need to leave passengers difficult, but not impossible or impracticable, aboard a vehicle unattended, transportation agencies should generally grant the request as 1 Please see guidance issued on this topic. U.S. long as accommodating the request would Department of Transportation, Origin-to-Destination not leave the vehicle unattended or out of Service, September 1, 2005, available at http:// visual observation for a lengthy period of www.fta.dot.gov/12325_3891.html (explaining that, time, both of which could involve direct ‘‘the Department does not view transit providers’ threats to the health or safety of the obligations as extending to the provision of unattended passengers. It is important to personal services. . . . Nor would drivers, for lengthy periods of time, have to leave their vehicles keep in mind that, just as a driver is not unattended or lose the ability to keep their vehicles required to act as a PCA for a passenger under visual observation, or take actions that would making a request for assistance, so a driver be clearly unsafe . . .’’). is not intended to act as a PCA for other

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Valley Transportation Authority Operational Policy Reasonable Modification Response Status

US DoT Reasonable VTA VTA/OUTREACH Accommodations Fixed Route Paratransit to be Provided Fare Handling Assistance Required by VTA Coach Operator Rule Book Not Applicable to VTA’s paratransit pre-paid fare 7.11 collection system.

Eating and Drinking On- Permitted by VTA Ordinance 98.1 Sec 4 (b) 7 Currently Permitted Board a Transit Vehicle

Taking Medicine On- Need to add to Coach Operator Rule Book and Currently Permitted Board a Transit Vehicle amend VTA Ordinance 98.1

Boarding Separately Need to add to Coach Operator Rule Book Currently Permitted From a Wheelchair

Assistance with Luggage Not Applicable to VTA Fixed Route service Currently Provided per Rider’s Guide and Packages specifications

Vehicle Placement to Required by Coach Operator Rule Book 5.16 Currently Required Overcome Obstructions

1

10.b

Valley Transportation Authority Operational Policy Reasonable Modification Response Status

US DoT Reasonable VTA VTA/OUTREACH Accommodations Fixed Route Paratransit to be Provided Assistance to or from Not Applicable to Fixed Route Service Currently Required vehicle during Adverse Weather Conditions

Selection of Pick Up and Not Applicable to Fixed Route Service Currently Permitted Drop Off Locations at Facilities with Multiple Entrances Provision of ADA Not Applicable to Fixed Route Service Currently Provided Paratransit at Locations within Gated/Private Properties

Assistance to Open Not Applicable to Fixed Route Service Currently Required Building Doors

Drop-offs and pick-ups at Not Applicable to Fixed Route Service Currently Provided Hard-to-Maneuver Stops

Assistance to navigate an Not Applicable to Fixed Route Service Currently Provided Incline, or Around Obstacles Assistance provided that Not Applicable to Fixed Route Service Currently Provided requires other passengers to be left unattended 2

10.b

Valley Transportation Authority Operational Policy Reasonable Modification Response Status

US DoT Reasonable VTA VTA/OUTREACH Accommodations Fixed Route Paratransit to be Provided Assistance Provided for Not Applicable to Fixed Route Service Currently Provided Return Trips Five-Minute Warning or Not required for Fixed Route Service, however, Pick-up notifications information will be Notification of Arrival bus arrival times can be obtained through provided by OUTREACH. OUTREACH is Calls http://www.vta.org/Getting-Around/Transit- working with VTA to budget for the provision of Live/Real-Time-Map 5 minute notification telephone calls, emails, and text messages. Accommodations are not required to be provided by public transit entities if they present a danger to others, create an undue financial or administrative burden to the transit entity, fundamentally alter the nature of the service, or the access pursued by the requested accommodation can be achieved through other means. The following is a list of USDOT identified accommodation requests that transit operators are not required to provide:

US DoT Reasonable Accommodations that are not required:

• Personal Care Attendant (PCA) Assistance by Paratransit Drivers • Assistance with Luggage and Packages • Fare Payment by Operators, or Non-Payment • Caring for Service Animals by Paratransit Drivers • Hand-Carry Passengers • Customer’s Ability to Specify Vehicles or Request Special Equipment in a Vehicle • Exclusive or Reduced Capacity Paratransit (Single Passenger) Trips • Provision of ADA Paratransit Trips beyond the defined Service Area or Operating Hours • Customer’s Ability to Request Intermediate Stops during ADA Paratransit Trips • Exposing Vehicle to Hazards • Customer’s Ability to Request Specific Drivers • Customer’s Ability to Avoid Other Passengers 3

10.c Paratransit Rider’s Guide Effective July 1, 2015

A Guide to Paratransit Services provided by OUTREACH and Santa Clara Valley Transportation Authority (VTA)

1505-0136 10.c DRAFT for June 10, 2015 CTA

1 10.c DRAFT for June 10, 2015 CTA

Welcome Aboard

VTA/OUTREACH ADA Paratransit: The Americans with Disabilities Act (ADA) is a civil rights law that was passed in 1990. The ADA and its 49 CFR Part 37 regulations require that transit agencies make the same public transportation opportunities available to people with disabilities as are available to persons without disabilities.

Santa Clara Valley Transportation Authority (VTA) makes paratransit service available to persons who are unable to independently use its bus or light rail services some or all of the time due to physical, visual or cognitive disabilities, in accordance with the ADA.

VTA’s ADA paratransit is a door-to-door service where customers specify their trip origins and destinations. Paratransit service is available where and when VTA bus and light rail service is available. Services that exceed the ADA regulations’ requirements are available at a premium fare.

VTA's ADA paratransit service is administered through a brokerage contract with Outreach and Escort, Inc. (OUTREACH). OUTREACH determines whether customers are eligible for paratransit and assigns requested trips to contracted sedan, accessible van, and taxi companies. Customers may call OUTREACH’s scheduling staff to schedule trips. .

Paratransit customers who need reasonable accommodations to use paratransit services are encouraged to contact OUTREACH. OUTREACH will modify its policies and procedures so long as the modifications requested do not endanger the driver or others, and do not change the nature of the ADA Paratransit service as described within this Rider’s Guide.

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TABLE OF CONTENTS

Section Page

1. ADA Paratransit Eligibility 5

2. Contacting OUTREACH 8

3. Getting Started 9

4. Reserving Paratransit Services 10

5. Overview of Paratransit Services 14

6. Summary of Fares and Service Charges 17

7. Other Services, Information, and Policies 18

8. Quality Assurance 22

9. VTA Accessible Bus and Light Rail Services 23

Information in the Paratransit Rider’s Guide is subject to change.

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1. ADA PARATRANSIT ELIGIBILITY

ADA paratransit eligibility is based on an individual’s functional ability to independently use VTA bus or light rail and is determined by the following criteria:

Category 1 -Any person with a disability who is unable to board, ride, or disembark from an accessible vehicle without the assistance of another person (except for the operator of a lift or other boarding device).

Category 2 - Any person with a disability who needs the assistance of a lift ramp to board, ride or disembark from an accessible vehicle and an accommodating vehicle is not available or key stations have not been made accessible.

Category 3 - Any person with a disability who has a specific impairment- related condition that prevents the person from traveling to or from a bus or light rail boarding and disembarking location.

Eligibility is not based on age, economic condition, or inability to drive an automobile. Applicants should note that having a medical condition or a disability will not automatically qualify them for ADA paratransit eligibility.

Applications for Paratransit Eligibility:

The paratransit eligibility application process begins with an informational brochure from OUTREACH: (408) 436-2865 / (408) 436-0155 (TTY) / www.outreach1.org or from VTA: (408) 321-2300 / (408) 321-2330 (TTY) / www.vta.org.

The paratransit information brochure contains a one-page application to complete and sign. Brochures are available in English, Spanish, Chinese and Vietnamese, and OUTREACH provides language assistance to any individual in need of translation services.

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The application process requires two steps: 1. Submit the signed one-page application by mail, fax, email or drop off to OUTREACH. The signed application authorizes OUTREACH to contact the applicant’s physician or licensed third-party professional. 2. Participate in a phone interview: OUTREACH will call the applicant to review their application and conduct a brief phone interview to help determine the applicant’s paratransit eligibility. Translation and language assistance is provided. Eligibility Determinations and Appeals: The ADA paratransit eligibility application process takes up to 21 days to complete. Applicants determined to be eligible will receive written notification, including specific information supporting the decision. Applicants determined to be ineligible or conditionally eligible for ADA paratransit services may appeal the decision. Appeals are assessed by an independent organization. If decisions take longer than 21 days to process, applicants who have submitted a complete eligibility application will be granted interim access to ADA paratransit service until they are informed of their eligibility decision. Appeals of ineligibility or conditional eligibility decisions must be submitted in writing, or by email or telephone, within 60 days of notification to: OUTREACH Eligibility Department PO Box 640910 Phone: (408) 436-2865 San Jose, CA 95164 Fax: (408) 382-0470 [email protected] TTY: (408) 436-0155 OUTREACH will assist applicants in submitting an appeal if needed. Applicants may participate in the eligibility or appeal process with an attendant and/or a companion. Applicants may be asked to participate in a functional assessment of their ability to independently ride and/or get to VTA’s bus and/or light rail system as part of their appeal.. Transportation, if needed, is provided throughout these processes at no charge. OUTREACH will inform the applicant of the outcome of their appeal within 30- days. All appeal decisions are final. Applicants may contact the Federal Transit Administration’s Office of Civil Rights if they feel OUTREACH has failed to comply with the federal ADA paratransit regulations in regards to their eligibility appeal denial decision, or any aspect of its paratransit service program.

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Federal Transit Administration Office of Civil Rights Attention: Complaint Team East Building, 5th Floor – TCR 1200 New Jersey Ave., SE Washington, DC 20590 1-888-446-4511 www.fta.dot.gov

New paratransit customers will receive an ID card to use as proof of eligibility. OUTREACH will work with customers to arrange a time, date and location to take a photo for the ID card. Refer to Section 9 in this Rider’s Guide for more information on using the Picture ID card to access free bus and light rail services.

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2. CONTACTING OUTREACH

A. Address and Telephone Numbers OUTREACH PO Box 640910 San Jose, CA 95164

General Administration, Customer Service, Client Accounts & Eligibility 8:00 AM to 5:00 PM Weekdays (Closed Major Holidays) Main Office Number (408) 436-2865 Fax (408) 382-0470 TTY for all telephone numbers listed (408) 436-0155

Reservations Department - 8:00 AM to 5:00 PM (365 days a year) San Jose, Santa Clara, Sunnyvale, Cupertino, Campbell, Milpitas, Los Gatos, Saratoga, and (408) 436-4860 Monte Sereno

Palo Alto, Mountain View, Los Altos, and (650) 988-9860 Los Altos Hills (800) 400-6222 Gilroy, Morgan Hill, and San Martin

Day Of Service Department - 5:00 AM to 8:00 PM (365 days a year) Confirmations, Cancellations, Late Vehicles, Open Returns, Second Vehicles, and Same-Day Trip Requests San Jose, Santa Clara, Sunnyvale, Cupertino, Campbell, Milpitas, Los Gatos, Saratoga, and (408) 436-6030 Monte Sereno Palo Alto, Mountain View, Los Altos, and (650) 988-9852 Los Altos Hills Gilroy, Morgan Hill, and San Martin Toll Free from All Santa Clara County Cities (800) 400-3440

Online Access Website www.outreach1.org e-mail [email protected]

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B. Business Hours

OUTREACH Administrative, Eligibility and Customer Service Departments are open Monday through Friday between 8am and 5pm and closed on weekends and major holidays.

3. GETTING STARTED

A. Before You Reserve Your First Trip Customers are encouraged to make an initial deposit into their OUTREACH accounts by sending a check or money order, with their ID number, payable to OUTREACH at the following address:

OUTREACH Customer Account Department PO Box 640910 San Jose, CA 95164

Or, customers who are interested in using a VISA or MasterCard to make a deposit to their account may call the OUTREACH Customer Account Department at (408) 436-2865, or TTY at (408) 436-0155.

An initial deposit of $25.00 is recommended.

B. Maintaining Your Account Fares are deducted from customer OUTREACH accounts as each trip is taken. See Section 6 for a Summary of Fares and Service Charges. Customers may be suspended from using the service if they have reached a negative account balance of $20 (equal to the fare payment owed for 5 one- way standard paratransit trips). This policy applies to all customer trips regardless of trip purpose. Thus, to ensure continued availability of services, customers should maintain a positive balance maintain a in their accounts.

When a customer decides to discontinue using, or is no longer able to use, the service they or their designated representatives should contact OUTREACH to withdraw any balances, or pay any unpaid balances.

OUTREACH reservationists state account balance information during each reservation call. Customers may also obtain account activity information by requesting a monthly statement from OUTREACH Client Accounts.

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Customers may question or contest any trip charges or provide additional information about trips that they missed by calling Customer Services or Client Accounts.

4. RESERVING PARATRANSIT SERVICES

A. To Reserve a Paratransit Trip Call the Reservations Department (for specific city) 1 to 3 days in advance, between 8:00 AM and 5:00 PM.

Customers may reserve multiple trips with one call. OUTREACH reservationist may negotiate the pick-up time with customers and reserve trips during a one-hour period before a customer's desired pick-up time. Customers should make the following information available when calling to reserve a paratransit trip:

 their OUTREACH identification number;  the date and requested time of the pick-up and time of the return trip;  the exact name and address (including suite number, if known) of the pick-up and drop-off locations (including return trip information). If the customer’s home address or destination is difficult to find, special driving instructions should be provided when a trip is reserved;  whether they will be traveling with a mobility device, a Personal Care Attendant, Companion or Service Animal.

If the arrival time is of primary importance, such as for a trip to work or an appointment, the customer is advised to reserve the trip to arrive early at the destination.

OUTREACH ADA paratransit service will not drop-off, wait for a customer at a location, and then take the customer to another location.

B. Reserving a Return Trip Customers may reserve a return trip at a specific time with a 30-minute pick- up window, or the return time may be left “open”. See Section 5 for information about Open Returns, which require higher fares.

When customers need to change a pick-up location for a return trip, they must inform the OUTREACH Day of Service Department prior to the start of their reserved 30-minute pick-up window. Such changes are limited to locations at the same facility, to nearby addresses, or to locations across the street from where the reserved pick-up was scheduled.

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C. Canceling a Trip

Before the Day of Service: Customers are encouraged to cancel their scheduled trips in advance by using OUTREACH’s Interactive Voice Response (IVR) system or by speaking with a Scheduling agent.

On the Day of Service: Customers must call the OUTREACH Reservations Department at least 2 hours prior to the beginning of the 30-minute pick-up window to cancel a previously reserved trip between 8:00 AM and 5:00 PM seven days a week. While Customers are encouraged to call in the early morning hours if they have an early trip, it may not always be feasible to call 2 hours in advance. While these early morning trips will not be recorded as No- Shows if you do not cancel at least 2 hours before the scheduled pick-up, customers should call as soon as they can to cancel a trip so that other riders will not be impacted.

To cancel a trip with a pick-up window reserved to begin in less than 2 hours, customers must call the OUTREACH Day Of Service Department. See Section 2 for contact information. OUTREACH scheduling staff will provide customers with an alternate telephone number to call to cancel a trip that is reserved after 8:00 PM.

D. No-Shows When a trip is cancelled less than 2-hours before the scheduled pick-up window, a No-Show may be recorded on a customer’s record. No-shows are also recorded whena customer cannot be located, if the situation was within the customer’s control.

Customers may call OUTREACH for information about any No-Show and provide the reason for missed trips. OUTREACH will call the customer to confirm whether the missed trip was within the customer’s control.

Customers who frequently cancel late or are not present or ready for their pick-ups may be suspended from using paratransit service for one day. .

When a customer establishes a pattern and practice of missing trips within his or her ability to cancel, a suspension may be enacted. An optional payment may be made to avoid a suspension . The optional payment amount is equal to the one-way standard trip fare of $4.00 or the same-day trip fare of $16.00.

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A pattern and practice of missing trips within a customer’s control to cancel is determined by the percentage of no-shows of trips that are scheduled and the number of no-shows that substantially exceed the monthly average numbers of no-shows per customer.

Substantially exceed is defined as a factor of 3 plus 1 no-show. If the system average is 2 verified no-shows per month, the number of no-shows needed to be considered for a suspension would be 7. Seven results from 2 no-shows multiplied by the factor of 3 plus 1 no-show. This number of no-shows would need to be at least 60% of the trips the customer had scheduled for the customer to be suspended.

Customers must cancel trips they have scheduled on the same day after a no-show. OUTREACH will try to contact a customer following a no-show to ask if additional trips scheduled that day need to be cancelled. OUTREACH is not allowed to cancel trips scheduled after a no-show without a customer’s request to cancel them. Customer will incur additional no-shows, if additional scheduled trips are not taken following the first no-show.

Before a suspension is enacted or an optional payment is made, OUTREACH will follow a 3-step process to work with the customer to address the no- shows that were within their control to avoid:

1. OUTREACH will call customers on the day of their no-shows or on the next day to inquire about the no-show; 2. OUTREACH will call customers who have two times more than the average number of no-shows per month per customer; 3. OUTREACH will send customers a letter notifying them about the no- shows they have incurred and their number and percentage of no- shows within a month. This information provides a documentation of a pattern and practice of not cancelling trips that were within their control to cancel. The letter provides information about the no-show policy and informs the customer about the potential of a 1-day suspension or the option about making a no-show payment,

Late Cancels and No-Shows are not within a customer’s control if:  A family emergency occurs  A personal attendant or another party did not arrive on time to assist the rider 12 10.c DRAFT for June 10, 2015 CTA

 Another party cancelled rider’s appointment  The customer became sick or had a complication with a chronic medical condition or disability and could not call  The customer experienced an unanticipated urgent situations such as medical or family/car-giver emergency  The customer planned for phone access but misplaced or lost your phone or belongings out in the community and could not call or the phone stopped working  The customer planned for adequate time but the appointment or procedure went longer than planned and/or could not be interrupted to call such as when you are getting x-rays, etc.  There was an error made by the scheduler, dispatcher or driver with the trip reservation or on the day of service such as incorrect time, location/building entrance, challenge with the vehicle or equipment  The driver arrives before your pick-up window and you do not board and driver departs  The vehicle arrives after the close of the pick-up window and you select not to take the trip as it was late  The vehicle arrives within the window but driver does not provide the required 5 minute time for you to gather your belongings to board the vehicle  The customer tried to reach the Paratransit Program by phone but could not reach an agent in a timely manner due to long hold times  The customer tried to cancel through the phone system’s automated Interactive Voice Response (IVR) system after hours but could not complete the cancellation for any reason  The customer cancelled in a timely way but the cancellation was not recorded correctly or wasn’t transmitted to the driver in time  The customer had a very early morning trip scheduled and it would not be reasonable to call 2 hours in advance  Other unanticipated and reasonable situations prohibited the customer from calling to cancel a scheduled trip

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D. Automated Trip Scheduling, Confirmation and Cancellation Option OUTREACH customer calls are connected with an Automated Telephone System that allows callers to select the departmentthey want to reach.

Interactive Voice Response System (IVR) Customers may confirm and cancel their trips 24 hours a day using OUTREACH's Interactive Voice Response System (IVR). The IVR also allows customers to reserve trips to their “favorite” pre-selected places (e.g. work, home, doctor, church, shopping, etc.) by 5:00 PM the day before the trip is needed. The IVR system cannot be used to schedule trips between 5:00 PM and 8:00 PM.

5. OVERVIEW OF PARATRANSIT SERVICES

A. VTA’s ADA Paratransit Service Area The ADA paratransit service area is a ¾-mile area around VTA bus routes and light rail stations. An OUTREACH reservationist will advise customers when their destinations are outside of the paratransit service area.

B. Inter-County Services Customers may arrange a transfer to the paratransit operator in the adjacent counties for travel beyond VTA’s ADA Paratransit Service Area,

For trips to San Mateo County, contact Redi-Wheels at (650) 508-6241, or TTY at (650) 482-9366. The recommended transfer point is Stanford Medical Center.

For trips to Alameda County or Contra Costa County, contact the East Bay Paratransit Consortium at (510) 287-5000, or TTY at (510) 287-5065. The transfer point is the Fremont BART Station.

C. Service Hours VTA’s paratransit service operates only during the same hours of the day and days of the week that bus and light rail trains run their regular routes. This ensures the equity between the bus/rail service network and the paratransit service. OUTREACH Reservationist will advise customers regarding the service hour availability for requested trips.

D. 30-Minute Pick-Up Window All regular One-Way Trip pick-ups occur within a 30-minute pick-up window. An OUTREACH vehicle may arrive any time during the 30-minute window. 14 10.c DRAFT for June 10, 2015 CTA

Customers are not required to leave if the vehicle assigned to transport them arrives before the start of the reserved 30-minute pick-up window. However, all customers must be ready to depart at the start of their pick-up window. Drivers will wait for 5-minutes upon arrival within a customer's reserved pick- up window and may depart thereafter if the customer is not ready.

E. Late Vehicles If a vehicle has not arrived by the end of a customer's reserved 30-minute pick-up window, the customer should call the OUTREACH Day of Service Department (See Section 2 for Contact information) to report a late vehicle and to get an estimated arrival time. Customers will be given an alternative telephone number to call to check on a late vehicle for any pick-ups reserved after 8:00 PM.

F. Excessively Early Trips If a vehicle arrives more than 30 minutes prior to the pick-up time(e.g. due to another rider cancelling),a customer may, but is not required to board the vehicle early. The driver will wait until the start of the customer’s 30-minute pick-up window before approaching the customer’s external door. If the vehicle arrives more than 30-minutes prior to the scheduled drop-off time, the driver will wait until 30 minutes drop-off time before escorting the rider to the external door.

G. On-Board Travel Times The ADA requires VTA to provide paratransit service at a level that is comparable to bus and light rail service. This includes service area, service times, travel time to and from a bus stop, and any transfer time. A paratransit trip will take a comparable amount of time that a trip of a similar length would take on VTA’s bus and light rail system.

H. Premium Services Premium service exceeds the base service requirements of the ADA. OUTREACH customers may request premium services and pay a rate higher than the rate paid for standard service. Premium services include Open Returns, Same-Day Service, Second Vehicle, Extended Service Area Trips, and Subscription Service.

H1. Open Returns Open Return Trips allow customers to make reservations without a specific time for their return trip. On the day of service, customers may call when they

15 10.c DRAFT for June 10, 2015 CTA are ready for their return trips. The fare for this service is $16. The following conditions apply to the use of Open Returns:

 they are provided on a space-available basis only  only one per day may be reserved  pick-up will occur within 90-minutes after a request is made to the Outreach Day Of Service Department  trips must be requested by 6:30 PM  Trips must be performed by 8:00 PM  customers cannot reserve a fixed pick-up and an Open Return for same trip  trips are not available for pickups at residences or for subscription trips

H2. Same-Day Service Same-Day Service is provided on a space-available basis only. To access this service call the OUTREACH Day of Service Department between the hours of 8:00 AM and 4:00 PM. The fare for this service is $16.00. Please allow up to 3 hours for a pick-up.

H3. Requesting a Second Vehicle

Second Vehicle service may be requested by calling the Outreach Day of Service Department when a reserved return ride is missed and the customer is stranded in the community.. The fare for this service is $16.00.

Please allow up to 2 hours for pick-up.

Second vehicle service may not be requested from a customer's residence.

Customers must contact OUTREACH if they miss their scheduled return trips due to an operator error. If an operational error caused the missed trip, the $16 premium fare will not be charged for the Second Vehicle return ride.

H4. Outside the Service Area Trips Allows customers to travel up to 1 mile beyond the ¾ mile ADA service area around VTA bus a light rail routes throughout Santa Clara County, including areas along VTA’s bus routes in Morgan Hill, Gilroy, and unincorporated County communities. The fare for an Outside the Service Area trip is $16.00.

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H5. Subscription Service For customers who request routine trips to the same destination on a regular schedule (i.e., work or medical appointments). Customers need only call once to reserve a recurring trip. OUTREACH will reserve the trip on a continuing basis until the request is terminated, or on a space available basis. Customers may only make changes to subscription reservations once in a 3- month period. Open Returns cannot be used on Subscription Service.

The ADA permits wait lists for subscription service. OUTREACH will seek to add subscription trips when they are efficient and do not negatively impact OUTREACH’s ability to provide non-subscription trips.

6. SUMMARY OF FARES AND SERVICE CHARGES

A. Fares for Paratransit Trips (Effective October 1, 2009) The regular paratransit One-Way Trip fare is $4.00, or two times the Adult Base Fare for VTA bus and light rail services. Standard and Premium trip fares are and included in the following table:

Paratransit Trip Fare Table Paratransit Service Fare Formula Amount One-Way Standard 2x VTA Adult Bus Fare $4.00 Paratransit Trip Companion Equal to One-Way Trip $4.00 Open Return Trip 4x One-Way Trip $16.00 Second Vehicle Sent 4x One-Way Trip $16.00 Same-Day Trip 4x One-Way Trip $16.00 Same-Day Trip Companion 4x One-Way Trip $16.00 Extended Service Area Trip 4x One-Way Trip $16.00 Personal Care Attendants and Service Animals may accompany an eligible customer at no additional charge.

B. Eco Pass Program Paratransit eligible employees who workat companies participating in VTA’s Employer Eco Pass Program pay ½ the fare for a regular paratransit One- Way Trip. No Paratransit Eco Pass discounts are offered for premium fare paratransit services. Eligible participants must inform OUTREACH Customer Service that their employer participates in the VTA Eco Pass program.

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7. OTHER SERVICES, INFORMATION, AND POLICIES

A. Personal Care Attendants A Personal Care Attendant (PCA) is someone whose services or presence is required by the customer to meet his or her personal needs or to assist in traveling.

Though the need for a PCA is normally documented during the eligibility certification process, customers may inform OUTREACH at any time regarding changes to their abilities that require the assistance of a PCA. If a PCA is requested during the eligibility process, the customer’s paratransit ID card will be marked with a PCA logo. This logo allows the PCA to accompany the customer on VTA’s bus and light rail service for free. (Please refer to Page X for information about the paratransit ID card on VTA bus and light rail.)

Paratransit customers are responsible for providing their own PCAs. Customers should inform the reservationist when they will be traveling with a PCA to ensure an extra seat is reserved on the OUTREACH vehicle. PCAs ride free and must share the same pick-up and drop-off locations as the customer.

B. Companions A Companion is a friend, relative, or other person who accompanies an OUTREACH customer on a trip who is not a personal care attendant.

Customers shall inform the trip scheduling reservationist when they will be traveling with a companion to ensure an extra seat is reserved on the OUTREACH vehicle. Companions must share the same pick-up and drop-off locations as the customer.

Companion trips fares are shown in the Paratransit Trip Fare Table in Section 6.

OUTREACH shall accommodate 1 companion at all times and additional companions may ride if space permits.

C. Service Animals Service Animals may travel on paratransit vehicles to assist individuals with disabilities, subject to the following conditions:

 Service Animals must remain on a leash and under full control of the customer at all times.

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 Service Animals must not misbehave (e.g., soiling the vehicle or growling at or harassing customers, the operator, or other Service Animals).  Service Animals should generally remain in a down or sit position. Service Animals may not block the aisle of the vehicle.  Service Animals shall not occupy vehicle seats unless space limitations prevent the Service Animal from remaining off the seat.

Customers shall inform the reservationist when they will be traveling with a service animal to ensure sufficient room on the OUTREACH vehicle.

D. Pets Customers may also travel with a pet, in an approved cage and under the control of the customer at all times.

E. Mobility Devices Customers may use wheelchairs, canes, walkers, and other mobility devices that are able to fit on OUTREACH paratransit vehicles.

Customers who are concerned about the size of their mobility devices and whether the device will fit on board OUTREACH vehicles should call OUTREACH Customer Service to arrange to have the device measured.

F. Mobility Devices and Customer Safety  Customers who are transferable are able to move from their mobility device to the seat of the vehicle and back with a minimum of assistance. A minimum of assistance is defined as a driver extending an arm or stabilizing the mobility device while the customer moves in and out of the device. Drivers are prohibited from lifting or carrying customers.  Customers may board separately from their mobility devices but must be able to control the movement of the mobility device into the vehicle. Drivers cannot control the movement of a mobility device.  For safety reasons, customers using three-wheel scooters are strongly encouraged to transfer out of their scooter into the seat of the paratransit vehicle whenever possible.  Drivers cannot transport mobility devices that are broken or damaged to the extent they pose an immediate safety threat.  Drivers cannot assist customers who use mobility devices up or down steps or other obstructions over five eighths (5/8) of an inch in height. A ramp must be available or the customer must have someone available at the pick-up and drop-off location to provide assistance negotiating obstacles.

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G. Miscellaneous Medical Equipment Customers may travel with oxygen tanks and respirators when using paratransit service. For safety reasons, oxygen tanks and respirators must be secured to prevent oxygen tanks from falling or becoming dislodged and striking other objects or customers in the vehicle.

H. Packages on Paratransit Vehicles Customers may bring up to three grocery bags or the equivalent onboard a paratransit vehicle. Equivalent items may be bags, packages, or suitcases.

I. Replacement ID Cards There is an $8 fee for replacement cards, and the number of replacement cards issued may be limited. For more information about obtaining a replacement ID card, see Section 2 for information about contacting OUTREACH Customer Service.

J. General Policies  Drivers are required to transport customers to the pre-reserved destination indicated on the driver's trip schedule. Drivers are not allowed to make any destination changes.  Drivers only provide exterior lobby/door to door service. Drivers are not permitted to lose sight of their vehicle at any time.  Drivers are prohibited from entering a customer’s residence for any reason.  Drivers may not request that customers pay them a tip for the service that they provide.  Customers should carry their OUTREACH identification cards with them when using ADA paratransit service. Drivers may check customer OUTREACH identification cards.  Customers are required to wear seatbelts while on paratransit vehicles. Drivers will assist with seat belts.  Smoking is NOT allowed while onboard an ADA paratransit vehicle  Eating, or drinking, is NOT allowed while onboard an ADA paratransit vehicle unless needed to address a health condition.  Use of alcohol or illegal drugs while riding paratransit is prohibited.  Radios, cassette or disc players are not permitted to be played aloud while onboard an ADA paratransit vehicle.  Customers shall NOT bring explosives, flammable liquids, acids, or other hazardous materials onboard an ADA paratransit vehicle.

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 Customers traveling with a child who needs a car seat must supply the child’s car seat. Customers are responsible for securing the car seat into the vehicle and for its removal.

K. Seriously Disruptive Behavior ADA regulations allow paratransit service to be denied to customers who engage in violent, illegal, or seriously disruptive behavior. Seriously disruptive behavior can include the following:

 Getting out of a seat while a paratransit vehicle is in motion.  Leaving a paratransit vehicle while it is parked to pick-up or drop-off another customer.  Disturbing a paratransit vehicle operator while the operator is driving.  Disturbing other customers.  Refusing to wear a seatbelt or refusing to exit the vehicle.  Violent behavior.  Physically or verbally threatening vehicle operator or other customers.  Engaging in conduct or activity that is a danger to the customer, other customers, or the driver.  Smoking while onboard a paratransit vehicle.  Damaging or destroying vehicle equipment.

OUTREACH may recommend that a customer travel with a PCA, if this will assist the customer control disruptive behaviors.

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8. QUALITY ASSURANCE

A. Service Satisfaction OUTREACH’s goal is complete customer satisfaction. If a customer has a compliment, suggestion, or would like to file a complaint regarding any aspect of paratransit service, the customer should call OUTREACH Customer Service at (408) 436-2865 or at (408) 436-0155 (TTY).

B. Compliments If any staff paratransit service staff has been particularly helpful, or has gone out of their way to offer assistance, contact OUTREACH so a notice of commendation can be issued.

C. Complaints Customers should file a complaint any time that the service is not satisfactory, safe, or secure. Complaints must be filed with OUTREACH Customer Service. Complaints may be filed in writing or by telephone by calling OUTREACH's Customer Service office.

If you leave a message using the voice mail system, please leave your full name and OUTREACH customer identification number.

To assist with the investigation, file the complaint as soon as possible. When filing a complaint, customers will be asked for the following information:

 OUTREACH customer identification number;  Exact date and time of the trip;  Description of the incident; and,  Address of the pick-up location or destination.

All complaints are taken seriously and every effort is made to resolve complaints in a timely manner. Tracking numbers are assigned to each compliant received by OUTREACH and are provided to customers for their future reference.

If a customer believes that OUTREACH has not responded appropriately to a complaint, customers may call VTA Customer Services Department at (408) 321-2300, or TTY (408) 321-2330 for assistance.

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9. VTA ACCESSIBLE BUS AND LIGHT RAIL SERVICES

OUTREACH customers are encouraged to take trips by bus and light rail whenever they are able. The OUTREACH paratransit photo ID card qualifies customers for free service on VTA bus and light rail services. The card is not honored on Highway 17 Express, Dumbarton Express, or Caltrain services.

The paratransit photo ID card is available upon request to any paratransit customer. If the card has an Attendant icon on its upper right corner, a PCA may accompany the customer on VTA bus and light rail for free. If an OUTREACH ID card does not have a photo on it, the customer is encouraged to call OUTREACH to arrange a time and place for a photo to be taken if they wish to use VTA bus and light rail for free. OUTREACH shall arrange to take the photo at the customer’s convenience.

Simply present the paratransit photo ID card to VTA Coach Operators upon boarding VTA buses, or present it to any VTA Light Rail Fare Inspector upon request. (Not valid on Highway 17 Express, Dumbarton Express, Caltrain, or Sports service.)

Travel Training: For travel training assistance on VTA bus and light rail services, call VTA Customer Services Department at 408-321-2300, or TTY (408) 321-2330 for assistance.

Mobility Device Securement: All mobility devices must be secured on VTA buses. VTA also recommends, but does not require, the use of lap belts and shoulder harnesses.

VTA Customer Service VTA Customer Service is available weekdays from 6:00 AM to 7:00 PM, and Saturdays/Holidays from 7:30 AM to 4:00 PM. (Closed Sundays, Thanksgiving, Christmas, and New Years Day.) VTA's automated phone

23 10.c DRAFT for June 10, 2015 CTA system provides reservation information 24 hours a day, seven days a week in English, Spanish, and Vietnamese.

VTA Customer Service Assistance Telephone Numbers Route and Schedule Information (408) 321-2300 Information for all Toll Areas (800) 894-9908 TTY number (408) 321-2330

Online Access Website: www.vta.org E-mail: [email protected]

Regional Transportation Information is available by calling 511. TTY users can access 511 telephone information by dialing the national 711 number for access to Telecommunication Relay Services (TRS).

Title VI Title VI of the 1964 Civil Rights Act requires that “No person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance”. VTA and OUTREACH have adopted policies that promote equal access and quality service to all our customers. Any person with a disability who believes that he/she has been discriminated against in any of VTA’s transportation services is encouraged to contact VTA’s Office of Civil Rights and Employee Relations at (408) 321-5571 or (408) 321-2330 (TTY) for assistance or to file a complaint.

24 12

Date: May 28, 2015 Current Meeting: June 10, 2015 Board Meeting: August 6, 2015

BOARD MEMORANDUM

TO: Santa Clara Valley Transportation Authority Committee for Transit Accessibility

THROUGH: General Manager, Nuria I. Fernandez

FROM: Director of Planning and Program Development, John Ristow

SUBJECT: Subscription/Demand Response Bus Pilot Project

FOR INFORMATION ONLY

BACKGROUND:

Silicon Valley has a growing demand for market-focused transit services given the changing needs of travelers, advances in technology and evolving land use patterns. VTA’s market studies and passenger surveys demonstrate that the traditional fixed-route service meets the needs of only certain market segments. In addition, VTA’s service area remains dominated by a many-to- many trip-making pattern that is challenging to serve with traditional fixed-route transit service. At the same time, technologies in mobile communications and dynamic routing and scheduling have advanced, with the potential to efficiently assist VTA in delivering new types of transit service. New, more dynamic, service models offer promise in better addressing our first/last mile connections needs that can enhance ridership on core transit lines, and the varied existing and evolving travel needs within Santa Clara County.

DISCUSSION:

A number of non-traditional transportation solutions have recently emerged in different parts of the region. These include point-to-point ride-sharing services such as Uber and Lyft, private corporate commuter shuttles such as the Google and Apple buses, and privately-operated/public fixed-route buses such as Leap and Chariot. The popularity of these new types of services offers potential for mass transit operators like VTA to tap into new markets. In response, VTA is undertaking a pilot program to develop, test, and implement new market- oriented transit service models in Santa Clara County. The pilot program is a new bus service concept that integrates technology and an enhanced customer service experience with new service delivery models. The objective of the pilot effort is to increase transit ridership by identifying new service models that may allow VTA to tap into new or minimally served markets such as centralized high-tech employment campuses, first/last mile rail connections, and housing

3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 12

clusters near major transit stations/stops. The pilot effort is an integral component of VTA’s overall Transit Ridership Improvement Program (TRIP), which aims to improve transit ridership across all service modes through various strategies that include improving first/last mile connections, attracting new choice markets, and increasing the productivity of existing routes.

Pilot Program:

The pilot program is intended to develop, implement and test new specialized transit service models that would achieve the highest ridership potential. The scope of the pilot effort includes five primary tasks:

1) Planning The pilot program begins with a planning study focused on identifying the most promising markets to test and outlining the service parameters needed to inform a successful pilot implementation. The resulting study will conclude with recommendations for one or more pilot projects focused on one or more geographic applications. Geographic applications include improving first/last mile connection to high demand transit stations, faster and more direct service to employment campuses, and/or providing more cost-effective bus service in low performing service areas. Key features of this new specialized service may include a blend of fixed and flexible routing strategies, on demand features, and other improvements that offer an enhanced customer experience and improved operating efficiency. Key features may include:

 Varying pickup or drop-off locations.

 Subscription, reservation, and pre-payment options.

 Multiple communication platforms, including smart phone apps, web or phone call.

 Real-time vehicle tracking and information.

 Optimized routing and vehicle assignment.

2) Technology Evaluation VTA’s Technology Division is leading the procurement and evaluation of a software solution to support the new transit service models. In February 2015, VTA issued a Request for Proposals (RFP) to invite qualified firms to submit proposals to design, build, and host a software solution for this pilot effort. The VTA Pilot Project team will provide input on the development and customization of the software solution based on service parameters identified in the planning study. Key considerations include the software’s technological capabilities, readiness, applicability to the geographic context, availability on multiple platforms (smart phone, desktop computer, and telephone), and contracting relationship. Other features of the software solution may also include, but not limited to: automated dispatch and routing; multimodal options-based routing; automated scheduling; real-time vehicle tracking; seat reservation; and online payment. Software testing is expected to begin in September 2015.

Page 2 of 5 12

3) Implementation Plan The implementation plan will assess policy, planning, and operational/implementation issues. To help guide implementation decisions for the pilot program, the implementation plan will also develop service parameters drawn from the planning study. These parameters include:

 Service area - corridors and zones that offer high market potential, for example, corridors and zones with high concentrations of trip origins and destinations.

 Service hours - commute hours, midday hours, evening hours, weekdays vs. weekends, 24-hour/7 days, or other times/days.

 Service levels - number of assigned vehicles and drivers, acceptable wait times, and service frequency.

 Fare and payment - appropriate fare level for the market, convenience in payment and collection, integration with commuter benefit and other fare incentive programs.

 Financial sustainability - cost and revenue, partnerships with employers, and grant potential.

 Delivery model - vehicle fleet availability, staffing and training requirements, ADA accessibility.

 Equity and Title VI considerations.

4) Marketing/Outreach and Partnership Building Effective branding and marketing of this new pilot program is crucial to its success. To help deliver a successful pilot program, VTA will brand and market the new transit service, conduct outreach to the community and potential users to raise awareness and generate excitement, and build partnerships with corporate entities to promote the program. In addition, VTA staff will pursue opportunities to engage employment campuses located in the pilot service area(s) to consider corporate memberships and/or partnerships. Employers that do not have the resources to operate their own private commuter shuttles, have markets they can’t serve with their shuttle programs, or have a general interest in reducing their single-occupancy trips to work may be early adopters of the new VTA service.

5) Evaluation of the Pilot Program Many of the ridership strategies will be tested through the VTA service pilot program, with an initial period of 6-12 months. Evaluation of the pilot(s) will use performance measures such as effectiveness in increasing ridership, accessing new markets or improving existing markets, and cost effectiveness measured by fare revenue and cost per hour/mile. The outcomes of the pilot program may lead to full implementation of subscription-based/demand response bus services.

Page 3 of 5 12

Pilot Program Key Considerations Prior to implementation, a number of policy and operational issues must be considered, including: Available vehicle fleet: VTA has limited vehicles that could be used for these new services. Additionally, smaller, specialized transit vehicles may be more appropriate to use compared to VTA’s fleet of available 40’or longer foot buses. VTA will need to determine the best option for acquiring or redeploying the necessary vehicles to operate the pilot. Options include redeployment of existing vehicles, leasing or purchasing new vehicles, partnering with private operators, or sharing paratransit vehicles. All of these potential options have varying lead times which can affect the overall implementation schedule. Operations: Along with acquiring additional vehicles, the new VTA service models may require enhanced operations resources. VTA will evaluate the resource needs of the pilot service model to determine the level of additional operations needed. Fare policy: The pilot program will likely include a premium transit service. The exact delivery model and parameters will be determined through the planning studies; however, some of the premium features may include point-to-point service, fewer stops, reservation/subscription option, tailored pick up/drop off locations, and/or flexible routing. VTA will evaluate and develop an appropriate fare structure that is consistent with a premium offering and the new services being considered. The service will be properly priced to reach a high level of ridership, meet performance targets, and provide a financially sustainable model while considering equity. Financial sustainability: VTA will need to develop a cost revenue model and fare revenue goal to determine cost effectiveness of operating the pilot program. How well the pilot(s) meets these goals during the pilot period will determine the long-term viability of the new pilot bus services. Equity and Title VI Analyses: As part of the study, VTA will conduct a Title VI analysis and review of equity issues. Equity will not only be considered in terms of potential customers’ ability to pay but also by accessibility needs, and the provision of new service across income levels and geographic areas.

Next Steps The planning study is scheduled for completion in August 2015. However, since VTA does not have an established framework for implementing a more flexible transit service model, the pilot program may require time to work through some of the policy and operational issues identified before being fully implemented. Determining when to implement the pilot(s) is a key decision point as VTA is gearing up for the upcoming Superbowl 50 in February 2016, which will undoubtedly demand a significant amount of VTA staff and resources to carry out successfully. Staff will continue to refine the schedule, and will provide periodic updates to committees as this program evolves. The initial projected schedule is:

 May 2015 - Select firm to provide software solution

 August 2015 - Planning study completed

Page 4 of 5 12

 Fall 2015 - Develop implementation plan

 Spring 2016 - Deploy pilot program

Prepared By: Aiko Cuenco Memo No. 5052

Page 5 of 5 13

Date: June 1, 2015 Current Meeting: June 10, 2015 Board Meeting: N/A

BOARD MEMORANDUM

TO: Santa Clara Valley Transportation Authority Committee for Transit Accessibility

THROUGH: General Manager, Nuria I. Fernandez

FROM: Chief Operating Officer, Michael A. Hursh

SUBJECT: Veterans Transportation and Community Living Initiative Project

FOR INFORMATION ONLY

BACKGROUND:

OUTREACH staff will provide a presentation on Veteran’s Transportation and Community Living Initiative (VTCLI) Grant.

Prepared By: David Ledwitz Memo No. 5027

3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 13.a

Veterans Transportation and Community Living Initiative (VTCLI) Project

VTA Committee for Transit Accessibility June 10, 2015 A Coordinating Council on 13.a Access and Mobility Supported Initiative

Transportation Veterans Affairs

Health & Human Services Defense Labor

©2015 Outreach & Escort Inc. 13.a VTCLI GOALS

“Increase the availability of community transportation resources and awareness of them among the military community”

©2015 Outreach & Escort Inc. 13.a How?

• Expand One-Call/One-Click Transportation Resource Centers

• Create regional partnerships between transportation providers, veterans and military communities

©2015 Outreach & Escort Inc. 13.a One Call

• One Phone Number • “No Wrong Door” • Information & Access to Resources in a One-Stop Shop approach

©2015 Outreach & Escort Inc. 13.a One Click

• One Website: http://www.onecalloneclick.org/ocis/ • Chat with an experienced Mobility Manager • Transportation & Other Resource Listings • Links to other databases

©2015 Outreach & Escort Inc. 13.a SERVICE AREA

©2015 Outreach & Escort Inc. 13.a

One-Call/One-Click Center

©2015 Outreach & Escort Inc. One-Call/One-Click 13.a Database

©2015 Outreach & Escort Inc. 13.a Database Comparisons

©2015 Outreach & Escort Inc. Phone & Technology 13.a Upgrades

©2015 Outreach & Escort Inc. One-Call/One Click 13.a Center 13.a

In-Vehicle Equipment

©2015 Outreach & Escort Inc. 13.a In-Vehicle Equipment Upgrades

Real-time Google Maps & Directions

©2015 Outreach & Escort Inc. 13.a

Coordinated Transportation Solutions

©2015 Outreach & Escort Inc. 13.a Populations Assisted • Homeless Veterans, • Young & Older Veterans, • Reservists & Active Military, and • Family Members

©2015 Outreach & Escort Inc. 13.a Partner Organizations (a partial list)

Veterans Voices of Santa Clara County

©2015 Outreach & Escort Inc. TripNET Ride 13.a Management System

HomeFirst uses system to schedule low- cost taxi rides for homeless vets paid for through an OUTREACH grant

©2015 Outreach & Escort Inc. Monthly Bus Passes for 13.a Veterans In collaboration with West Valley College, OUTREACH has provided veterans with free monthly bus passes for the past three years.

©2015 Outreach & Escort Inc. 13.a

Veterans Helping Veterans

©2015 Outreach & Escort Inc. 13.a Veterans at 13.a

Outreach & Escort Inc. Mobility Management Center

(408) 436-2865 www.onecalloneclick.org

©2015 Outreach & Escort Inc. 13.a BENEFIT ALL…

“Better integration of transportation information and services will benefit not only veterans, service members and their families, but all transportation-disadvantaged populations”

©2015 Outreach & Escort Inc. 14

Date: May 22, 2015 Current Meeting: June 10, 2015 Board Meeting: N/A

BOARD MEMORANDUM

TO: Santa Clara Valley Transportation Authority Committee for Transit Accessibility

THROUGH: General Manager, Nuria I. Fernandez

FROM: Chief Operating Officer, Michael A. Hursh

SUBJECT: Workplan Update

FOR INFORMATION ONLY

BACKGROUND:

Attached is the Committee for Transit Accessibility Workplan Update

Prepared By: David Ledwitz Memo No. 4982

3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 14.a May 28, 2015

2015 Committee for Transit Accessibility Work Plan

January 14, 2015 1. Great Streets 4826 2. RTC Clipper Card Customer Service (Griffin) 4830 3. BART Transit Integration Plan update (L. Scott) 4742 4. Levi’s Stadium Transit Service (J. Unites) 4836 5. Section 5310 Scoring Recommendation Report (D. Ledwitz) 4822 6. 2015 CTA Leadership Election Process: Conduct Elections. (S. Flynn) 4832 7. First Quarter Transit Operations Performance Report 4746 8. Update Regarding the Federal Transit Administration’s Draft ADA Circular Chapters (D. Ledwitz) 4840 9. North Central County Bus Improvement Plan (Burger) 4810 10. Light Rail Enhancement Project (Kim) 4820

April 8, 2015 1. General Manager’s Report 2. Envision Silicon Valley (Haywood) 3. Eastridge Transit Center Update (Ronsse) 4. April Transit Service Changes (Unites) – 4783 5. FY16-FY17 Transit Service Plan (Barna) 6. Second Quarter Transit Operations Performance Report – 4762 7. Priority Seating Information (Griffin) – 4910 8. ADA Survey (Williams)

April 22, 2015 (4:00 pm) 1. Joint Advisory Committee El Camino BRT Workshop

May 12, 2015 (4:00 pm) 1. Joint Advisory Committee Budget Workshop

June 10, 2015 1. Third Quarter Transit Operations Performance Report 4763 2. Veterans Transportation and Community Living Initiative Project (OUTREACH) - 5027 3. Paratransit Rider’s Guide Update/USDOT Reasonable Modification Final Rule – 5028 4. Demand Response Bus Pilot Project 5. Operation of Routes 522 and 22 in dedicated transit lanes with median stations. (Fisher)

Effective: May 28, 2015 14.a May 28, 2015

October 7, 2015 1. General Manager’s Report 2. October Transit Service Changes (Unites) 3. FY 2015 Annual Transit Operations Performance Report 4. ADA Survey Status Update (Williams) 5. Santa Clara-Alum Rock BRT project status (Ronsse)

January 13, 2016 1. 2016 CTA Leadership Election Process: Conduct Elections. (S. Flynn) 2. First Quarter Transit Operations Performance Report 3. January Transit Service Changes (Unites)

Future Items 1. Joint CTA/BART Access Committee Meeting 2. Coach Operator Training on Accessibility 3. VTP 2045 (Y. Smith) 4. Stevens Creek BRT and DeAnza Transit Center project update (Y. Smith) 5. Status Report on Transit Assistance Program for Low-Income Persons (Lawson) 6. BART Transit Integration Plan 7. Light Rail Efficiency Plan 8. CTA visit to OUTREACH’s new Headquarters 9. Warm Springs BART Station tour

Regular Reports 1. Chief Operating Officer Report 2. Committee Work Plan 3. Board of Directors Report 4. Staff Report 5. Chairperson's Report 6. CAC Report 7. Envision Update

Effective: May 28, 2015