Provision of Alternative Services by Transit Agencies: The Intersection of Regulation and Program (2023) / Chapter Skim
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Chapter 8 - Regulatory Framework
Chapter 8 - Regulatory Framework
Pages 75-90
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From page 75... ...
It is important to state that this research report does not provide legal advice or formal guidance related to transit agencies' use of alternative services. TCRP Legal Research Digest 53 is a relevant legal resource for transit agencies interested in working with ridesourcing providers to provide on-demand services.
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From page 76... ...
Some of these are clearly relevant for alternative services; several were reviewed as potentially relevant. The table includes the formal legal references, which may be of interest to public transit agencies' legal staff.
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From page 77... ...
• Service criteria for ADA complementary paratransit do not apply. Alternative services are designed for individuals with disabilities who are eligible for ADA paratransit, but the regula tions that establish the six service criteria for ADA paratransit do not apply.
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From page 78... ...
. Meeting Service Equivalency Criteria To meet equivalency on most of the seven service criteria, transit agencies can set policies for their alternative services regarding fares, service area and span, and trip restrictions, which apply to all ADA paratransit users -- those who use wheelchairs and other mobility devices and those who do not.
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From page 79... ...
If the transit agency-sponsored taxi-based subsidy program for ADA paratransit riders was serviced by taxi companies that collectively had no or very few wheelchair-accessible taxicabs, so eligible riders who require an accessible vehicle either could not use the service or experienced longer response times, the service would not be in compliance with the ADA. FTA guidance also holds that should a transit agency use ridesourcing to provide "real-time service" for its paratransit riders, those riders who use wheelchairs must also be provided realtime service: "If real-time service is provided to eligible ADA paratransit passengers, it must be provided to all eligible ADA paratransit riders, including wheelchair users.
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From page 80... ...
Transit agencies are obligated to address the service criterion of information and reserva tions capability; service equivalency issues can arise particularly with reservations capability if the rate of access differs substantially between alternative service riders who have smartphones and those who do not. There may also be compliance issues with Title VI of the Civil Rights Act of 1964 if there are differences with smartphone access based on race, ethnicity, or national origin.
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From page 81... ...
that while Title VI applies to partnerships when federal funding is used, it encourages its funding recipients to keep the spirit of Title VI in mind when designing partnerships with TNCs." Does Title VI Apply to Alternative Services? The FTA's Circular 4702.1B confirms that Title VI applies to alternative services provided by transit agencies that receive FTA funding because "the Civil Rights Restoration Act of 1987 clarified the broad, institution-wide application of Title VI." Specifically, Title VI applies to "all of the operations of covered entities," which includes public transit agencies, "without regard to whether specific portions of the covered program or activity are federally funded." Such an "activity" would include a transit agency's alternative service, regardless of the source of funding for the alternative service.
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From page 82... ...
The taxicab exception does not apply when a passenger does not choose the taxicab company providing the service. For example, many ADA paratransit agencies contract with taxicab companies and other entities to provide ADA paratransit service to ambulatory passengers.
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From page 83... ...
Specifically, the FTA's guidance states: "Apart from that exception, if a transit agency subsidizes ridesourcing services, the transit agency must either design the service such that the taxicab exception applies or incorporate the ridesourcing company drivers into the drug and alcohol program." FTA 2018 FTA guidance further states that if a transit agency contracts with two or more ridesourcing companies and one (or more) taxi company(ies)
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From page 84... ...
. Alternative services by definition are services a transit agency provides via an agreement with a provider and therefore can be considered pur chased.
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From page 85... ...
. Purchased taxi service may be operated with nondedicated vehicles, such as is done for an alternative service, or taxi service may provide dedicated ADA paratransit service for a transit agency, in which case it is reported in the third category, PT.
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From page 86... ...
Generally, transit agencies' alternative services using nondedicated providers such as TNCs and taxis are not shared-ride. In fact, the opportunity to receive a solo ride with the alternative service is often one of the appealing features for ADA paratransit riders and one that the transit agency sponsor may highlight.
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From page 87... ...
. Regarding public transit agencies' ability to pursue an alternative service for ADA paratransit riders, Section 13(c)
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From page 88... ...
Laws and Regulations for Commercial Motor Vehicles Federal Laws Federal laws and regulations related to commercial motor vehicles may be relevant for transit agencies' use of alternative services. These laws and regulations are complex, and a review of them is beyond the scope of this research; they are simply identified here as they may be relevant.
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From page 89... ...
a motor carrier. Other parts of the model act provide language for a state to use to define a TNC and TNC driver; in summary, a TNC "means a corporation, partnership, sole proprietorship, or other entity that is licensed pursuant to this [Chapter/Title]
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