Public entities that provide fixed route services must also provide ADA complementary paratransit services for persons whose disabilities prevent them from using the fixed route system. (ADA complementary paratransit requirements do not apply to commuter bus, commuter rail, or intercity rail service, however.) This includes a rider’s inability to access vehicles, transit stops, or facilities, or to independently navigate through the system. Complementary paratransit must be origin-to-destination service, providing service from a passenger's origin to the passenger's destination.
The requirements for ADA Complementary Paratransit summarized in this toolkit include:
Readers are also advised to review the General Requirements for All Service Types section of this toolkit, as well as Chapters 8 and 9 of FTA Circular 4710.1 - Americans with Disabilities Act (ADA): Guidance.
Unless stated otherwise, the information in this section is based on U.S. Department of Transportation (U.S. DOT) regulation
49 CFR Part 37- Transportation Services for Individuals with Disabilities (ADA), particularly Subpart F, Paratransit as a Complement to Fixed Route Service, and the
FTA ADA Circular.
Click here to download a sample ADA policy template for a rural transit system that operates ADA complementary paratransit service.
Before reviewing the requirements specific to ADA Complementary Paratransit service, readers are advised to review the general requirements for all service types that are summarized in the General Requirements section of this toolkit.
Under Section 37.129, transit providers are required to provide complementary paratransit service that is “origin-to-destination.” Transit providers can establish whether door-to-door or curb-to-curb service will be provided as the basic mode of paratransit service. If a transit agency establishes curb-to-curb as its base level of paratransit service, there may be times when the agency must offer service beyond this base level due to a passenger’s disability. U.S. DOT, in its Origin-to-Destination Service Disability Law Guidance document, gives the following examples of when “origin-to-destination” service might be necessary:
In such cases, the driver will need to provide assistance to the individual from the outside door of the residence to the vehicle. Providing this level of service may require more time from the driver than on a base-level service stop, and because of this U.S. DOT has deemed it reasonable that transit providers ask for advance notice from any passenger in need of this assistance when the reason for the additional assistance is known in advance of the trip. U.S. DOT also recognizes that there are certain limits to this assistance that a transit agency can establish to ensure safety for the driver and other riders. For example, the policy might state that the driver will provide beyond-the-curb assistance as long as they can maintain sight of the vehicle, or the driver will provide assistance up to X feet from the vehicle.
To read more, please see U.S. DOT’s full Origin-to-Destination guidance document.
ADA complementary paratransit service must be comparable to the fixed route bus service in terms of six service criteria specified in Section 37.131. Note that under the ADA, paratransit functions as a “safety net” for persons whose disabilities prevent them from using the fixed route system; it is not intended to provide a comprehensive level of mobility that meets all of the travel needs of all persons with disabilities at all times. As such, the service criteria are intended to mirror the level of service provided by the fixed route system. While neither the ADA nor the U.S. DOT implementing regulations prohibit the provision of service to individuals beyond those that meet the eligibility criteria or to provide additional service beyond the minimum requirement, doing so may lead to oversubscription and overuse, and interfere with an agency’s ability to meet the basic service requirements.
The six criteria for ADA complementary paratransit are:
1. Hours and days of service – ADA complementary paratransit service must be provided on the same days and during the same hours as the fixed route service for the comparable trip [Section 37.131(e)].
2. Service area (geographic area of service) – ADA complementary paratransit service must be provided within ¾ mile on either side of each fixed route as well as a ¾-mile radius at the end of each fixed route, and within a ¾-mile radius of rail stations. Within the transit agency’s core service area, small areas that are surrounded by the fixed route corridors must also be served by paratransit [Section 37.131(a)]. Additional discussion on geographic coverage and rural road conditions is provided later in this section of the toolkit.
3. Response time – The transit agency must schedule and provide paratransit service to any ADA complementary paratransit eligible person at any requested time (on a particular day) in response to a request for service made the previous day (i.e., next-day service). The transit agency must accept reservations during normal business hours on all days preceding a service day. This includes accepting reservations during general weekday business hours on Sundays for Monday service and holidays preceding service days. Reservations may be taken by staff or by mechanical means, such as voicemail or email. Transit agencies may use real-time, same-day scheduling as well as accepting advanced reservations [Section 37.131(b)].
4. Fare – The one-way paratransit fare may be no more than twice the full fixed route fare for a similar trip, exclusive of discounts. A rider’s personal care attendant (PCA) may not be charged a fare. Regardless of whether a PCA accompanies an eligible rider, at least one additional accompanying individual must be permitted to board and can be required to pay the same fare as the rider; additional companions may accompany the ADA-eligible customer on a space-available basis) [Section 37.131(c)].
5. Trip purpose – There may be no restrictions or priorities based on trip purpose. Service must be provided regardless of the nature of the trip [Section 37.131(d)].
6. Capacity constraints – Entities must plan, budget, and implement their paratransit systems to meet all of the anticipated demand. The transit agency must have enough paratransit vehicles, drivers, reservations staff, and reservations capacity available to ensure that eligible demand for service does not exceed supply of service on a regular basis. Constraints on capacity are prohibited [Section 37.131(f)]. A transit agency cannot limit the availability of complementary paratransit to eligible riders through waiting lists, significantly late trips or other specific practices that result in limiting service. These are described below.
As noted above, one of the six service criteria for complementary paratransit is a prohibition against capacity constraints. With respect to ADA complementary paratransit, capacity generally refers to the ability the transit agency to meet the demand for eligible passenger trips by eligible individuals. Limited vehicles and drivers operating during times of peak demand may create prohibited capacity constraints at specific times of day. Entities must also have sufficient telephone lines and reservations staff available to accept reservations during peak calling times.
Section 31.131(f) prohibits limiting the availability of complementary paratransit service to ADA paratransit eligible individuals by any of the following:
Other indicators of limited service availability as discussed in Section 8.5.6 of the FTA ADA Circular include:
For these issues, it is important to note that the prohibition is against a “pattern or practice” which involves regular or repeated actions, not isolated, accidental, or singular incidents. As stated in Appendix D to 49 CFR Part 37, a missed trip, late arrival, or trip denial occasionally does not trigger this provision. Additionally, operational problems outside the control of the transit agency do not count as part of a pattern or practice under this provision. For example, if the vehicle is involved in an accident on the way to pick up a passenger, the late arrival would not count as part of a pattern or practice. However, a failure to account for regularly-occurring traffic congestion in operations planning could constitute a capacity constraint. Refer to Section 8.5 of the FTA ADA Circular for detailed discussion on capacity constraints on ADA complementary paratransit.
A transit agency that is required to provide ADA complementary paratransit is also required to have an eligibility determination process that limits eligibility for ADA complementary paratransit service to individuals whose disability prevents them from using the fixed route system [Section 37.125(a)]. Eligibility for paratransit is to be based on an individual’s functional ability, specifically whether they are able to use the fixed route system independently. It is not intended to be based on a medical diagnosis or type of disability.
The regulations require that ADA complementary paratransit be provided to the following categories of individuals:
As described in Section 9.3 of the FTA ADA Circular transit agencies can grant the following types of eligibility to individuals:
Establishing and following an ADA complementary paratransit eligibility process that strictly limits eligibility to those individuals in Categories 1, 2 and 3 is key to ensuring that paratransit service is available for those who have a civil right to the service in accordance with the ADA. Transit managers are encouraged to read Chapter 9 of the FTA ADA Circular and Sections 37.123-127 of Part 37 carefully, and to consult the resources on ADA complementary paratransit eligibility that are listed at the end of this section. Attachment 9-1 of the FTA ADA Circular provides a sample task list to be considered when assessing abilities to use fixed route transit. Key points about ADA eligibility criteria and the eligibility determination process are discussed below.
Careful determination of eligibility for ADA complementary paratransit service is a legal requirement and can be an effective way to ensure that paratransit service is available for those who are entitled to it. Appropriate use of conditional eligibility can be particularly effective.
A transit provider may apply the conditions of an individual’s eligibility to each trip request they make. Conditional eligibility, if implemented properly, helps to manage demand by identifying trips that can be made reasonably on the fixed route system, while preserving the individual’s eligibility for paratransit service when their functional ability makes it necessary.
An example of this is when a person who uses a wheelchair may be able to reach the transit stop and use the accessible fixed route service on their own during mild weather. However, they may not be able to reach the transit stop when the sidewalks are covered in snow or ice. On those occasions, they are eligible to use the ADA complementary paratransit service, but on days when the path to the transit stop is clear and accessible, the individual should use the accessible fixed route service. Reservationists should be aware of the exact type of service the individual is eligible for when receiving requests.
To assist both the reservationist and the rider, conditions for the paratransit eligibility should be clearly defined. In our example above, it is better to state the exact conditions when the rider is unable to travel to the transit stop (when there is ice/snow on the sidewalks) rather than simply saying they are eligible “during the winter months” or “during bad weather.” There are many days during the winter when there is no snow/ice on the ground, and the description “bad weather” is too vague. Clearly defining conditional eligibility is the most effective way to manage demand and ensure that riders who need paratransit are being served. The DREDF
Topic Guide on Eligibility for ADA Paratransit offers practical guidance on incorporating conditional eligibility into daily operations
The application and eligibility determination process for ADA complementary paratransit is often referred to as eligibility certification. While many transit systems use paper forms to collect applicants’ information to determine eligibility, systems are increasingly moving to more personal, hands-on approaches. These approaches include phone or in-person interviews, functional assessments, or both. Section 37.125(g) of Part 37 requires the following elements for an ADA paratransit eligibility determination process:
For more information about the eligibility process, please see the following resources:
ADA complementary paratransit service must be made available to visitors on the same basis as it is provided to eligible riders. “On the same basis” means under all the same conditions, service criteria, etc., without distinction. For the period of a visit [and at least 21 days in any 365 day period, per 49 CFR Section 37.127(e)], the visitor is treated exactly like an eligible local user, without any higher priority being given to either.
Visitors can provide documentation in one of two ways. The first is to present documentation from their “home” jurisdiction's paratransit system. The local provider will give “full faith and credit” to the visitor’s ID card or other documentation from the other entity. If the individual has no such documentation, the local provider may require the provision of proof of visitor status (i.e., proof of residence somewhere else) and, if the individual's disability is not apparent, proof of the disability (e.g., a letter from a doctor or rehabilitation professional). Once this documentation is presented and is satisfactory, the local provider will make service available on the basis of the individual's statement that they are unable to use the fixed route transit system.
Transit agencies must accept this documentation directly from the individual and not require that the documentation be provided directly from the individual’s home transit agency.
FTA expects the process of entering the visitor into a transit agency’s paratransit system to be completed the same day, or not more than one day later. The ADA complementary paratransit service provided to visitors must be provided on the same basis as the service provided to local residents.
Additional details on requirements related to service for visitors can be found in Section 9.9 of the FTA ADA Circular.
Riders certified as ADA complementary paratransit eligible who regularly travel from their home jurisdiction to a neighboring jurisdiction (e.g., commuting to work) that also provides ADA complementary paratransit may need to obtain ADA complementary paratransit eligibility certification from the second jurisdiction to complete their trips. Providing cross-jurisdictional service can be challenging and neighboring transit agencies may want to work together to coordinate service. As provided in Appendix D to Section 37.131, transit agencies are encouraged to coordinate “to prevent political boundaries from becoming barriers to the travel of individuals with disabilities.” Of course, each entity is required to provide paratransit service within a ¾-mile radius of each of its fixed routes, regardless of whether jurisdictional boundaries are crossed, unless there is a legal bar.
The first of the six service criteria for ADA complementary paratransit is geographic coverage. As noted above, the regulations require that complementary paratransit service be provided within ¾ mile on either side of each fixed route as well as a ¾ mile radius at the end of each fixed route, and that within the transit agency’s core service area, small areas that are surrounded by the fixed route corridors must also be served by paratransit [Section 37.131(a)].
Rural transit agencies may face challenges in covering the ¾-mile radius to serve ADA complementary paratransit eligible passengers living on unpaved or poorly maintained roads, particularly when weather conditions, flooding, or other environmental conditions can make such roads impassable or very difficult to use. If current road conditions present a direct threat to the health or safety of others (passengers, staff), the transit agency can deny service to locations on the unsafe road.
Appendix E to 49 CFR Part 37 provides U.S. DOT guidance on reasonable modification requests. In this appendix, under Example 17 (Exposing Vehicle to Hazards), the U.S. DOT states that, if the passenger requests that a vehicle follow a path to a pick up or drop off point that would expose the vehicle and its occupants to hazards, such as running off the road, getting stuck, striking overhead objects, or reversing the vehicle down a narrow alley, the request can be denied as creating a direct threat. Example 18 (Hard-to-Maneuver Stops) states that a paratransit passenger's request to be picked up in a location that is difficult, but not impossible or impracticable, to access should generally be granted as long as picking up the passenger does not expose the vehicle to hazards that pose a direct threat (e.g., it is unsafe for the vehicle and its occupants to get to the pick-up point without getting stuck or running off the road). A transit agency that operates fixed routes within ¾-mile of roads that are unpaved, poorly maintained, or subject to environmental concerns such as flooding, may wish to conduct a home visit with a roadway assessment for each new ADA complementary paratransit passenger living on such roads, and advise the passenger how roadway conditions will impact the transit agency’s ability to access the passenger’s home.
Each passenger’s situation (and each road involved) should be assessed on a case-by-case basis. In some cases, the transit agency may be able to work with the rider to identify a workaround, such as alternative routing. The transit agency may wish to consult with its legal counsel before making any service-related decisions.
Under 49 CFR 37.131(b)(2), the transit agency may negotiate pickup times with an eligible paratransit rider; they may not, however, require any eligible passenger to schedule a trip for more than one hour before or after their desired trip time.
Section 8.4.5 of the FTA ADA Circular notes that this negotiation window is also subject to the rider’s practical travel needs. For example, riders may end their workday at 4 p.m. and request a 4 p.m. pickup. In this case it would not be appropriate to offer a pickup time that is earlier than 4 p.m. because the rider would still be working. However, offering a pickup any time between 4 p.m. and 5 p.m. would be appropriate and consistent with the negotiation requirement. Similarly, it would be inappropriate to schedule a trip that would require a rider to arrive late for their job.
If the transit agency is unable to schedule or negotiate a requested trip time within the allowable window under 49 CFR Section 37.131(b)(2), this would constitute a trip denial, even if the rider accepts a trip that is beyond the negotiation window.
For an in-depth discussion and guidance on negotiating ADA complementary paratransit trip times, see Section 8.4.5 of the FTA
ADA Circular.
Transit agencies are permitted to establish a process to temporarily suspend service, for a reasonable period of time, to individuals who establish a pattern or practice of missing scheduled trips. For purposes of determining whether such a pattern or practice exists, the transit agency cannot include trips missed due to circumstances beyond the rider’s control (for example, a sudden family emergency, a turn for the worse, a failure of mobility equipment, or the unexpected absence of a PCA). As a matter of policy, FTA permits transit agencies to regard late cancellations as no-shows for trips that are cancelled less than one or two hours before the scheduled pick-up time, subject to the same provisions.
Before imposing a suspension, the transit agency must establish that a pattern or practice of missing scheduled trips exists. For example, for a rider who travels by ADA complementary paratransit to and from work every day, three no-shows in a month would not constitute a “pattern or practice” of no-shows.
To establish whether a rider has exhibited a pattern or practice of missing scheduled trips, agencies must consider both the number and frequency of no-shows before imposing any suspension of service. This means that transit agencies should not have a policy that applies a suspension for a set, absolute number of no-shows.
Instead, the FTA recommends that a transit agency establish a two-step process for determining whether a pattern or practice exists. The first step establishes a threshold at which point the agency would look in more detail at a rider’s trip and no-show history. This threshold would be a set number, for example, 4 or 5 no-shows. The second step would then review that rider’s trips and no-shows and see if the number of no-shows exceeded a defined percentage, for example, 10% to 20% of the rider’s total scheduled trips that month.
Transit agencies should review Section 9.12.2 the FTA
ADA Circular as well as the DREDF
Topic Guide on No-Shows in ADA Paratransit. The Topic Guide is particularly helpful, including a section titled “Not Difficult to Administer.” The FTA ADA Circular provides a sample no-show policy as Attachment 9-4.
Under 49 CFR Section 37.125(h), riders may only be suspended for a reasonable period of time. A rider who is facing a possible suspension for violating the no-show policy must be notified in writing about that possibility (including the specific basis for the suspension and the proposed sanction) and given an opportunity to appeal. The appeals process must provide the individual an opportunity to be heard and to present information and arguments in person, consistent with the appeal process that is needed for the eligibility determination process. Click here to find a template for an appeals process for ADA complementary paratransit eligibility determination.
As described in Section 9.7 of the FTA ADA Circular, there must be a separation of function, and the transit agency must make a decision within 30 days of the completion of the appeal process or reinstate service until and unless the appeal is denied. Information on the process for suspension is provided in the FTA ADA Circular, Chapter 9, Section 9.12.3. Importantly, the length of suspension should begin with a relatively short amount of time (for example, one week). Subsequent suspensions for a rider with continued violation of the no-show policy can be longer. Note that the FTA considers any suspension period longer than 30 days to be excessive.
ADA complementary paratransit can be provided in conjunction with other demand response services, such as dial-a-ride service for the general public. If a transit agency provides fixed route and ADA complementary paratransit, as well as other demand response service, the agency can operate both the demand response and paratransit together. However, for those passengers and trips that qualify for the ADA complementary paratransit, compliance is necessary with the specific requirements for ADA complementary paratransit under 49 CFR Part 37 Subpart F.
If a transit agency decides to implement a new fixed route service when there was none before, the agency will need to prepare a Complementary Paratransit Plan (see Section 8.8 of the FTA ADA Circular). The specifics of what needs to be included in the plan are provided in 49 CFR Part 37, Section 37.139. The plan must describe how ADA complementary paratransit will be provided to complement the new fixed route service [Section 37.139(d)] and that the planning process included an opportunity for public comment and consultation with people with disabilities [Section 37.139(f)].
U.S. DOT regulations require that transit agencies have an “ongoing mechanism” that provides for the participation of people with disabilities in the continued development and assessment of services [Section 37.137(c)]. Typically, this involves an ongoing committee or advisory group that includes members with disabilities. It may also include periodic meetings or workshops. A transit agency must perform this consultation when the agency is considering changes or revisions to its ADA complementary paratransit service. For example, if a transit agency is considering a reduction in the advance reservation time period from 14 days to 7 days, it is important that this change be discussed with the committee or group representing people with disabilities. This consultation is especially important if the changes or revisions would result in reductions in service. Section 8.9 of the FTA ADA Circular provides additional information about the consultation requirement.
As noted in TCRP Report 163: Strategy Guide to Enable and Promote the Use of Fixed-Route Transit by People with Disabilities, a main tenet of Title II of the ADA is to provide public services in the most integrated setting possible—to make mainstream fixed route service systems accessible to and usable by individuals with disabilities. Increased use of fixed route transit service (rather than ADA complementary paratransit) benefits both people with disabilities and transit agencies. For riders, fixed route service can be spontaneous and typically has lower fares. Transit agencies can provide trips on fixed route transit for a significantly lower cost than on ADA complementary paratransit.
The following are some strategies that go beyond the minimum ADA requirements that rural transit agencies may want to try.
TCRP Report 163 provides extensive information on potential strategies to increase fixed route ridership by people with disabilities.
Updated Nov 9, 2021
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