Transportation Update: Where We’Ve Gone and What We’Ve Learned

Transportation Update: Where We’ve Gone and What We’ve Learned National Council on Disability May 4, 2015 National Council on Disability 1331 F Street, NW, Suite 850 Washington, DC 20004 Transportation Update: Where We’ve Gone and What We’ve Learned This report is also available in alternative formats upon request and on the National Council on Disability (NCD) website (www.ncd.gov). May 4, 2015 202-272-2004 Voice 202-272-2074 TTY 202-272-2022 Fax The views contained in this report do not necessarily represent those of the Administration, as this and all NCD documents are not subject to the A-19 Executive Branch review process. National Council on Disability An independent federal agency making recommendations to the President and Congress to enhance the quality of life for all Americans with disabilities and their families. Letter of Transmittal May 4, 2015 President Barack Obama The White House 1600 Pennsylvania Avenue, NW Washington, DC 20500 Dear Mr. President: The National Council on Disability (NCD) is pleased to submit the enclosed report, Transportation Update: Where We’ve Gone and What We’ve Learned. As we celebrate the 25th anniversary of the Americans with Disabilities Act (ADA), this report updates a 2005 study about the state of our country’s surface transportation, explains changes for people with disabilities during the past 10 years, and recommends public policy to address new and persistent problems. The report is based upon a review of the literature, the current state of the industry, state and local implementation of federal legislation, and information gleaned from outreach to stakeholders, including people with disabilities and other experts. NCD’s findings address accessibility-related progress as well as problems associated with fixed route and bus and rail transit (including Amtrak); paratransit; public rights-of-way; enforcement of existing laws; and other issues for all modes of public transit. The report also addresses concerns with rural, coordinated, and privately funded transportation, and commercial driver’s license rules. Finally, the report makes recommendations to Congress and the Executive Branch designed to improve federal collaborative efforts and to close gaps in transportation access in ways that benefit people with disabilities and families, including but not limited to the following: ● Public rights-of-way: Congress should pass The Safe Streets Act (S2004/HR 2468), which would implement the “complete streets” concept that makes streets and sidewalks accessible for all people, including people with disabilities, using all modes of travel, including pedestrians with and without disabilities and bicycle riders, rather than only considering the needs of automobile drivers and their vehicles ● Rail transportation: As it has for Amtrak, Congress should set aside funds specifically for achieving station accessibility on rapid rail (subways) where it 1331 F Street, NW ■ Suite 850 ■ Washington, DC 20004 202-272-2004 Voice ■ 202-272-2074 TTY ■ 202-272-2022 Fax ■ www.ncd.gov 1 does not yet exist, including platform connectivity, detectable warning installation, elevators, ramps, and full-length platform-level boarding. There should be clear objectives, deadlines, and outcomes analysis to achieve full and timely accessibility. ● Rural transportation: Congress should place far greater emphasis than it has to date on funding rural transportation programs. The situation today still shows minimal or non-existent public transit services in most rural areas. Furthermore, compared to the resources allocated to urban areas, those allocated for rural public transportation are significantly inequitable. This creates serious, ongoing barriers to employment, accessible health care, and full participation in society for people with disabilities. ● Enforcement: (a) The U.S. Department of Justice (DOJ) and the Federal Motor Carrier Safety Administration (FMCSA) should continue to prioritize, fund, and increase the scope and depth of oversight and enforcement efforts of privately funded transit; (b) the federal agencies that enforce various aspects of the ADA transportation requirements should collectively establish a clear means (e.g., shared website and phone number) for individuals to request and obtain assistance with concerns about local or state noncompliance; and (c) the Department of Transportation (DOT) and DOJ should promulgated guidance on disseminating information about the website, how covered entities (e.g., DOT’s Federal Transit Administration, the Federal Railroad Administration, the Federal Highway Administration, and FMCSA) will initiate a public awareness campaign. NCD appreciates the opportunity to present an independent and nonpartisan assessment of transportation progress as it affects the daily lives of Americans with disabilities—including equal access that most people take for granted. Transportation can be the key to obtaining, retaining, and succeeding in the world of work and socialization by people with disabilities. NCD stands ready to work with you, the Administration, Congress, and other stakeholders to ensure that affordable and accessible transportation is available to all Americans. Respectfully, /s/ Jeff Rosen Chairperson (The same letter of transmittal was sent to the President Pro Tempore of the U.S. Senate and the Speaker of the House of Representatives.) 2 National Council on Disability Members and Staff Members Jeff Rosen, Chairperson Kamilah Oni Martin-Proctor, Co-Vice Chair Lynnae Ruttledge, Co-Vice Chair Gary Blumenthal Chester A. Finn Sara Gelser Captain Jonathan F. Kuniholm, USMC (Retired) Janice Lehrer-Stein Ari Ne’eman Benro T. Ogunyipe Stephanie Orlando Katherine D. Seelman Clyde E. Terry Royal P. Walker, Jr. Alice Wong Staff Rebecca Cokley, Executive Director Phoebe Ball, Legislative Affairs Specialist Stacey S. Brown, Staff Assistant Lawrence Carter-Long, Public Affairs Specialist Joan M. Durocher, General Counsel & Director of Policy Lisa Grubb, Management Analyst Geraldine-Drake Hawkins, Senior Policy Analyst Amy Nicholas, Attorney Advisor Robyn Powell, Attorney Advisor Anne Sommers, Director of Legislative Affairs & Outreach 3 Acknowledgments The National Council on Disability wishes to express its deep appreciation to Marilyn Golden, Senior Policy Analyst at the Disability Rights Education and Defense Fund (DREDF), who conducted the research and writing for this report. We also thank Billy Altom, Executive Director, Association of Programs for Rural Independent Living (APRIL), for his assistance with rural transportation. 4 Contents Letter of Transmittal ........................................................................................................ 1 National Council on Disability Members and Staff ....................................................... 3 Acknowledgments ........................................................................................................... 4 Executive Summary ...................................................................................................... 11 Introduction ................................................................................................................... 19 Chapter 1. Fixed-Route Bus Transit ....................................................................... 21 Chapter Overview ................................................................................... 21 Fixed-Route Ridership by People with Disabilities .................................. 22 Equipment Maintenance ......................................................................... 24 Overview .......................................................................................... 24 Regular and Frequent Maintenance Checks ................................... 26 Accessibility Equipment Failure during Pre-Trip Inspection ............. 27 Failure in Service: Report by Most Immediate Means Available ..... 28 Provide Alternative Service .............................................................. 28 Post-Trip Inspection and Maintenance of Problem Equipment ........ 29 False Claims of Broken Lifts and Ramps ......................................... 30 Pass-Bys of Riders with Disabilities ................................................. 30 Lifts That Are Difficult to Maintain ..................................................... 31 Preventive Maintenance .................................................................. 31 Progressive Discipline ...................................................................... 33 Complaint Investigation .................................................................... 33 The Role of the Rider in Equipment Maintenance ........................... 34 Ramp Slope ............................................................................................ 34 Bus Boarding Issues ............................................................................... 36 Stop Announcements .............................................................................. 38 Orientation Announcements ............................................................. 40 Consistency in Stop Announcements .............................................. 40 Stop Announcement Lists ................................................................ 41 Automated Announcement Systems ............................................... 42 Route Identification Announcements ............................................... 43 Policies and Training .......................................................................

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