Implementing the U.S. DOT Reasonable Modification Rule (2019) / Chapter Skim
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Pages 107-120
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From page 107... ...
B-1 The source of the following text is: Transportation for Individuals with Disabilities; Reasonable Modification of Policies and Practices, 80 Fed.
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From page 108... ...
B-2 Implementing the U.S. DOT Reasonable Modification Rule Prefatory Language from the March 13, 2015, Federal Register Notice B-3 adjust the boarding location so that the individual using a wheelchair may board from an accessible location.
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Prefatory Language from the March 13, 2015, Federal Register Notice B-3 entities required to provide complementary paratransit service, must make reasonable modifications to their policies and practices to avoid discrimination on the basis of disability and ensure program accessibility. Making reasonable modifications to policies and practices is a fundamental tenet of disability nondiscrimination law, reflected in a number of DOT (e.g., 49 C.F.R.
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B-4 Implementing the U.S. DOT Reasonable Modification Rule Prefatory Language from the March 13, 2015, Federal Register Notice B-5 Id.
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Prefatory Language from the March 13, 2015, Federal Register Notice B-5 allowed a passenger to board a bus anywhere, without regard to bus stop locations, would not. In the complementary paratransit context, the Department would expect, in many circumstances, that drivers would provide assistance outside a vehicle where needed to overcome an obstacle, but drivers would not have to provide personal services that extend beyond the doorway into a building to assist a passenger.
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B-6 Implementing the U.S. DOT Reasonable Modification Rule Prefatory Language from the March 13, 2015, Federal Register Notice B-7 A smaller number of commenters also expressed concern about the application of the reasonable modification concept to fixed route bus service.
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Prefatory Language from the March 13, 2015, Federal Register Notice B-7 Reasonable modification requirements are part of existing requirements for recipients of federal financial assistance, DOJ ADA rules for public and private entities, DOT ADA rules for passenger vessels, and DOT rules under the Air Carrier Access Act. In none of these contexts has the existence of a reasonable modification requirement created a significant obstacle to the conduct of the wide variety of public and private functions covered by these rules.
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From page 114... ...
B-8 Implementing the U.S. DOT Reasonable Modification Rule Prefatory Language from the March 13, 2015, Federal Register Notice B-9 exceptions to its normal curb-to-curb policy where a passenger with a disability makes a request for assistance beyond curb-to-curb service that is needed to provide access to the service and does not result in a fundamental alteration or direct threat to the health or safety of others.
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Prefatory Language from the March 13, 2015, Federal Register Notice B-9 safety net for individuals with disabilities who cannot use accessible fixed route service. Adhering rigidly to policies that deny access to this safety net is inconsistent with the nondiscrimination obligations of transportation entities.
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B-10 Implementing the U.S. DOT Reasonable Modification Rule Prefatory Language from the March 13, 2015, Federal Register Notice B-11 amount to $55 million per year nationwide for those public transportation entities who are not in compliance with the current DOT origin-to-destination regulations.
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Prefatory Language from the March 13, 2015, Federal Register Notice B-11 and the shape of the process is up to the transportation provider, but it must meet certain basic criteria. The DOT can, however, review an entity's process as part of normal program oversight, including compliance reviews and complaint investigations.
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B-12 Implementing the U.S. DOT Reasonable Modification Rule Prefatory Language from the March 13, 2015, Federal Register Notice B-13 obstacle to transportation from the one requested by the passenger)
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Prefatory Language from the March 13, 2015, Federal Register Notice B-13 Executive Order 13084 (Consultation and Coordination With Indian Tribal Governments) The final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13084.
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From page 120... ...
B-14 Implementing the U.S. DOT Reasonable Modification Rule List of Subjects 49 C.F.R.
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