1.   PURPOSE

A.   The Americans with Disabilities Act, hereinafter “ADA” was signed into law on July 26, 1990. The ADA is civil rights legislation which requires that persons with disabilities

        receive transportation services equal to those available on the fixed-route service.

B.     It is the policy of Clallam Transit System, hereinafter “Clallam Transit,” that, when viewed in their entirety, services, programs, facilities, and communications provided by Clallam

       Transit, directly or by a contracted service provider, are readily accessible and usable to  i ndividuals with disabilities to the maximum extent possible. (49 CFR 37.105)

2.    POLICY

A.     This policy provides the clarification of the administration of the ADA provisions as they apply to Clallam Transit services.

B.     Clallam Transit will notify the public of its American’s With Disabilities Act Policy on the Clallam Transit website at  www.clallamtransit.com   and in the Clallam Connect Paratransit

        Pointers brochure. 

C.     Clallam Transit has designated the Clallam Transit Operations Manager as the responsible employee for the provisions of this policy. See Appendix A: Delegation of Responsibility

        for contact information.

3.    GENERAL SERVICE PROVISIONS

A.    Fares

The fare for fixed-route and paratransit services are established by the adopted fare structure as outlined in the Clallam Transit Fare structure Policy. Clallam Transit’s fare schedule is also contained under “Fares and Passes,” on the Clallam Transit website.

B.    Stop Announcements  

Stops at major intersections, transfer points, and destination points will be announced on fixed-route buses. Transit operators will announce other stops upon request.  (49 CFR 37.167 (a-c))

C.    Boarding Assistance

Operators shall position the bus to make boarding and de-boarding as easy as possible for everyone, minimize the slope of the ramp, and use the kneeling option as needed. Operators shall provide assistance to passengers upon request. Passengers with disabilities shall be allowed adequate time to board and disembark the vehicle.

D.    Priority Seating

Upon request, operators shall ask – but not require – passengers to yield priority seating at the front of the bus to seniors and persons with disabilities. Operators are not required to enforce the priority seating designation beyond making such a request.

E.    Reserved Seating

Mobility device securement areas on buses are reserved. Passengers using common mobility aids shall be boarded if the securement areas are not otherwise occupied by a mobility device, regardless of the number of passengers on the bus. Operators are required to  ask   passengers sitting in the securement areas to move to other available seats or to stand.

F.    Holiday Closures

Clallam Transit does not offer service on some designated holidays. At all times, Clallam Transit will operate paratransit service, hereinafter “Clallam Connect,” in correlation with the fixed-route service. 

G.   Mobility Devices

3.G.1    Accessibility

              Persons who use mobility devices or need assistance will receive assistance upon request. Reasonable accommodation is available upon request.

3.G.2    Approved Mobility Devices

                      In order to accommodate a wheelchair or power scooter on a Clallam Transit vehicle, it must meet the following standards:

      1)   The equipment must be a three or more wheeled device.

      2)   Clallam Transit will carry a wheelchair and occupant if the lift and vehicle can physically accommodate them, unless doing so is inconsistent with legitimate safety

             requirements or design standards (specifications) of the vehicle.

      3)   The wheeled device and any attachments will be reasonably accommodated as long as it fits on the lift, within the  securement  area, and is a size that does not block an aisle

             or interfere with safe evacuation of passengers in an emergency.

      4)   Equipment must be in good working order, with batteries charged, tires inflated, footrests attached, and all parts secure. (49   CFR 37.3)

H.    Securement

3.H.1     Mobility Device Brakes: When occupying a lift or securement area, it is recommended that passengers apply the brakes on their mobility devices; however, they are not required

              to do so. With power chairs or scooters, it is recommended, but not required, that the power switch be turned to the “off” position.

3.H.2   Tie-downs: Operators will use front and rear tie-downs to secure mobility devices. Operators will secure mobility devices at the strongest parts of the device; however,

              the passenger can indicate the most optimal tie-down spot. The mobility device will be secured front facing unless otherwise requested by the passenger.

3.H.3    Assistance and Limitations: Operators will assist passengers with securement systems, ramps, and seatbelts; however, operators cannot assist riders using power chairs or

              scooters with the operation of their equipment. Clallam Transit cannot refuse to t ransport someone whose mobility device cannot be satisfactorily restrained provided that

              mobility  d evice fits within the definition described in Section 3.C. (49 CFR 37.165)

I.     Portable Oxygen Use

Individuals with disabilities who use portable oxygen devices are allowed to travel with respirators and properly secured portable oxygen supplies. Oxygen supplies must not obstruct the aisle. (49 CFR 37.167(h))

J.    Personal Care Attendants

3.J.1    Definition: A personal care attendant (“PCA”) may travel with an eligible passenger at no charge. A PCA is someone who travels  with, and helps, a rider who is not able to

              travel alone.  An eligible passenger must provide their own PCA if they need one. Passenge rs must let CLALLAM TRANSIT know on their application form whether or not they will

              be using  a PCA. This information will  guarantee a place for the PCA to travel with the eligible passenger.

3.J.2    Guests: Guests and companions may travel with an eligible passenger on Clallam Transit. Guests and companions must pay regular fare. A companion is anyone who travels

              with an eligible passenger who is not designated as their PCA. (49 CFR 37 (d))

K.    Service Animals

3.K.1    Definition: A service animal is any dog or miniature horse individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical,

              sensory, psychiatric, intellectual, or other mental disability. The work or tasks performed by the service animal must be directly related to the passenger’s disability.

3.K.2    Eligibility: Operators may ask the following questions to determine if an animal qualifies as a service animal:

       1)    Is the animal required because of a disability?

       2)    What work or task has the animal been trained to perform?

3.K.3    Riding: In order to ride Clallam Transit, the service animal must:

       1)    Be on a leash or in a container, remain under control of the owner, and behave appropriately.

       2)    Remain at the feet or on the lap of the passenger. It may not sit on a vehicle seat.

       3)    The animal must not be aggressive toward people or other animals.

        3.K.4    Damage: The passenger who brought the service animal on the bus is responsible for any damage caused by the animal. (49 CFR 37.167 (d))

L.    Reasonable Modifications

        Reasonable modifications to the provisions of services requested by persons with a disability will be made, unless the request meets one of the four situations:

        3.L.1     Granting the request would fundamentally alter the nature of CLALLAM TRANSIT’s services, programs, or activities.

3.L.2     Granting the request would create a direct threat to the health or safety of others.

3.L.3     Without the requested modification, the individual with a disability is able to fully use the service.

3.L.4     Granting the request would cause an undue financial or administrative burden.

M.   Maintenance of Lifts or Ramps

Operators must test the lift or ramp during the pre-trip inspection. Break down of accessibility equipment must be reported immediately to dispatch. A vehicle with an  inoperable lift or ramp must be removed from service as soon as possible and cannot be returned to service until repaired. If there is a lift or ramp failure, a replacement vehicle must be dispatched if the next trip to the destination of any passenger using a mobility device is scheduled in more than 30 minutes. If the next trip to the destination of any passenger using a mobility device is scheduled in 30 minutes or less, a replacement vehicle may be dispatched if available. (49 CFR 37.163)

N.    Suspension of Service

        A passenger’s service privileges may be suspended for any of the following infractions on any Clallam Transit property, including vehicles, bus stops, or stations:

3.N.1     Smoking or carrying a lit pipe, cigar, or cigarette outside of a designated smoking area.

3.N.2     Discarding or dumping litter in places other than recognized receptacles.

3.N.3     Consuming alcoholic beverages or in possession of alcoholic beverages.

3.N.4     Loud, raucous, unruly, harmful, or harassing behavior.

3.N.5     Engaging in other conduct that is inconsistent with the intended purpose of the transit facility, station, or vehicle. (RCW 9.91.025)

3.N.6     Violations of the Clallam Transit System Code of Conduct.    

4.    PARATRANSIT SERVICE PROVISIONS

A.    Use

A person may access paratransit service (“Clallam Connect”) if they have a disability or disabling health condition that prevents them from independently using Clallam Transit buses some or all of the time.  (49 CFR 37.123)

B.    Service Details

4.B.1     Distance: Clallam Connect is provided within 3/4 of a mile of Clallam fixed-route service, except for commuter routes. (49 CFR 37.131 (a))

4.B.2     Origin to Destination Service: Based on the functional ability of the rider at the time of application, the driver will provide one of the following types of trips (49 CFR 37.129)

      Trip Type              Description

      Curb to Curb          Customer taken from curb of pickup to curb of destination

      Door to Door          Customer taken from door of pickup point to door of destination

4.B.3    Hours: Clallam Connect operates the same hours as the Clallam Transit fixed-route system.

4.B.4    Days: Monday-Saturday: In conjunction with the published Clallam Transit fixed-route hours associated with the passenger’s start and end locations. Sunday: no service.

4.B.5    Scheduling: Clallam Connect trips can be scheduled up to 7 days before the day of the trip between the hours of 8:00 AM and 4:00 PM. No trip reservations will be accepted

              the same day of the trip.  Rides will be door-to-door unless previously arranged.

4.B.6    Trip Cancellation: Clallam Connect trips must be canceled at least three (3) hours in advance. Trips not canceled with proper notice may be subject to the late and no-

              show procedure outlined in section 4.G Late and No-Show Procedures of this policy.

C.    Eligibility Requirements

Presence of a disability or a disabling health condition by itself does not automatically make a person eligible for Clallam Connect service.  The ability to ride Clallam Transit buses is the basis for eligibility.  Applications will be reviewed by Clallam Connect based on one       of the following eligibility qualifications. The person:

4.C.1     Is unable to board, ride, or exit a lift-equipped bus without assistance.

4.C.2     Needs to use a lift but it cannot be deployed safely at a bus stop.

4.C.3     Has a disability that prevents travel to and from a bus stop under certain conditions and is certified to use Clallam Connect.

D.   Application  Process

Clallam Connect will respond to applicants within 14 days of receiving a fully completed application. If the applicant does not receive an answer within 21 days, the applicant shall be treated as eligible and  provided services until an answer is received. Applicants may appeal their denial of service in accordance with the procedure outlined in section 4.H. Eligibility Appeals Procedure.

4.D.1    Categories of Eligibility: A Clallam Transit applicant's eligibility may be classified as conditional, unconditional, or temporary. These categories are defined and mandated by the

              ADA regulations.

     Category Type          Description                                                                                                                                                                                  Type of Eligibility

     Category 1                 A person with a disability who cannot independently ride transit.                                                                                         Unconditional

     Category 2                 Prevented by disability or combination of disability and architectural barriers from getting to the boarding area.      Conditional

     Category 3                 Prevented from using fixed route during a certain period of time.                                                                                         Temporary

4.D.2    Age 80 or Over: In addition to the above categories, Clallam Transit’s policy is that persons who are 80 years of age and older automatically qualify as eligible to ride

             Clallam Connect service. Persons 80 years and older must complete an application for service.

E.   Visitor Certification for Service

Visitors are eligible for 21 calendar days of Clallam Connect service in a 365-day period beginning on the first day the service is used by the visitor. For additional days of service, the individual is expected to register under Clallam Connect eligibility procedures. For individuals who reside outside the service jurisdictions, Clallam Connect shall certify an individual with a disability as a visitor when providing documentation of residence and a statement that because of their disability they are unable to access the fixed route. (49 CFR 37.121)

F.    Complaint Process

Clallam Transit is committed to providing safe, reliable, and accessible transportation options for the community.  Clallam Transit has designated a responsible employee for ADA complaints.  Anyone wishing to file a complaint regarding ADA policies and procedures, including Clallam Connect service should contact the responsible employee listed in Appendix A: Delegation of Responsibility.

G.   Late and No-Show Procedures

4.G.1    Purpose: No-shows and late trip cancellations affect the quality of service  provided to passengers and result in wasting taxpayer funds. To maintain timely, cost efficient and high-

              quality paratransit services, Clallam Transit has established a procedure to address incidents of late cancellations and no-shows.

4.G.2    Late Cancellations: Customers must cancel trips no later than 3 hours before the scheduled pickup time. Failure to do so, results in a late cancellation. Three late cancellations in

              a 30-calendar day period will be counted as a no show. If a customer is not at the scheduled pick up location, at the designated pick up time and within 5 minutes of when the

              vehicle arrives to pick up the client, the customer will be charged with a no-show.

4.G.3    No-Shows: Clallam Connect has a consistent rate of three to four percent (3-4%) of all scheduled trips being no-shows. Clallam Connect has therefore established a rate 10

              percent (10%) of scheduled trips, with a minimum of 3 no-shows per month, being the  st art of suspension of service. Once a customer accumulates no-shows equaling 10% of

              their total trips, again with a rate of 3 or more no-shows each month, the customer will be notified of a suspension from Clallam Connect.

4.G.4    Suspension of Service: Suspensions are progressive and will be imposed as follows:

  1)    First level of violation – 10% of trips scheduled are no-shows = 7-calendar days’ suspension

  2)    Second level of violation – An additional 10% of scheduled trips are no-shows in a continuous one-year period = 14-calendar days’ suspension

  3)    Third level of violation – An additional 10% of scheduled trips are no-shows in a continuous one-year period = 21-calendar days’ suspension

4.G.5    Suspensions Imposed: Suspensions will not take effect for a minimum of 14 calendar days from the date of notice. If an appeal is submitted, suspensions will not be imposed

              until the outcome of the appeals process.

4.G.6    Suspension Appeals Process

  1)    Appeal requests must be submitted within 10 calendar days of the date of the notice of suspension.

  2)    All appeals shall be sent in writing to the responsible employee listed in Appendix A: Delegation of Responsibility.

  3)    A final decision will be made after careful review of the facts.

  4)    A hearing will be scheduled within 30 calendar days of receiving the appeal and a determination will be made within 30 calendar days of the hearing.

  5)    A written determination will be sent to the person who filed the appeal.

H.    Eligibility Appeals Procedure

4.H.1   Filing: If an applicant disagrees with the determination of conditional eligibility or denial of eligibility, they may file an appeal in writing within 60 calendar days of the date of

             the  denial stated on the letter of denial. The completed Clallam Connect ADA Eligibility Determination Appeal Request Form may include any additional information

             supporting eligibility for paratransit services, but this is not required.

4.H.2   Submittal: The Clallam Connect ADA Eligibility Determination Appeal Request Form and any supporting information must be submitted to the responsible employee listed

             in Appendix A: Delegation of Responsibility.

4.H.3   Hearing: Upon receipt, the Clallam Connect ADA Eligibility Determination Appeal Request Form will be date stamped and an appeals hearing will be scheduled within a

             reasonable time frame.

4.H.4   Deadline to File: If an appeal is not submitted within 60 calendar days, no hearing will be held, and the appellant has missed the opportunity to appeal.

4.H.5   Appeals Committee: The Clallam Transit Appeals Committee (“Appeals Committee”) will consist of the Clallam Transit Operations Manager, Administrative Services Manager,

             and the General Manager. All information will be treated as confidential by the Appeals Committee.

4.H.6   Notice and Attendance: The appellant and/or representative will be notified of the hearing date, time, and location. The appellant may be accompanied by one

             representative and/or attendant.  The appellant and representative need not be present at the hearing.

4.H.7    Appeal Hearing: On the day of the hearing:

     1)    Staff introduces the appellant to the Appeals Committee members and reviews the determination of eligibility for Clallam Connect services.

     2)    Appellant and staff each have equal time (10 minutes) to present information specific to eligibility before the Appeals Committee.

     3)    Appeals Committee members may ask questions after presentation by staff and appellant at their discretion.

     4)    Appeals Committee members discuss the appellant’s case and information presented after the appellant and staff are excused. Appeals Committee members shall deliberate,

             as necessary.

4.H.8  Decision: The Appeals Committee’s decision is communicated in writing within 30 calendar days of the appeals hearing. If the decision is not made by the 31st calendar

            day, appellant may use paratransit services until a decision is made.

5.    REGULATORY AND ADMINISTRATIVE CHANGES

A.     To facilitate the regular business routine of Clallam Transit, the Clallam Transit Board authorizes and designates the Clallam Transit General Manager to approve and

         implement subsequent changes to the policy that may be required to comply with federal and state regulatory changes or clarifications. The board will be notified of all policy changes.

B .     In addition, the board authorizes and designates the general manager to approve and implement subsequent administrative changes to the policy which are deemed appropriate in order

        to facilitate the  regular business routine of Clallam Transit, unless these changes are of major significance. The board will be notified of all policy changes.

6.    REFERENCES

A.     Americans with Disabilities Act

B.    Appendix A: Delegation of Responsibility

C.     Clallam Connect ADA Paratransit Eligibility Determination Appeal Request Form

D.     Clallam Transit Fare Structure Policy