Americans With Disabilities Act

Haywood Public Transit’s Mission Statement

Haywood Public Transit’s (HPT) mission is to provide safe, reliable, and expert transportation to its service area. All services provided by Haywood Public Transit will be accessible without discrimination to handicapped individuals. HPT drivers are trained and ready to assist all passengers as needed.

Haywood Public Transit Goals:
Service is provided in a manner that meets these goals to:

• provide individual, dignified services to all persons including individuals with disabilities

• expedite the safe and efficient boarding, securing, transporting and alighting of all passengers, regardless of mobility status

• accommodate the wide range of mobility aids within the confines of available vehicles and commercial standard equipment

• minimize potential damage to mobility aids and transit system equipment in the process

Haywood Public Transit’s Services: Drivers are trained to effectively assist clients using crutches, canes, walkers, braces and artificial limbs. Those clients who are blind or visually impaired may be escorted or lead onto transit vehicles. Drivers are trained to use various tools when transporting deaf or hearing impaired passengers.

Mobility Devices: HPT will provide service to all individuals using mobility devices that fit within the capacity of the lift being operated. Passengers are advised that drivers are not permitted to operate a scooter or electric wheelchair onto the lift. The passenger is responsible for getting onto the lift with minimal driver assistance for these devices or by the assistance of a caregiver. Use of the securement system on HPT vehicles will be a required condition of service. All wheelchairs and mobility devices must be secured before transport. A passenger who cannot enter the vehicle using the stairs or ramp, but who does not use a wheelchair, will be allowed to enter the vehicle using the lift. HPT does not provide wheelchairs or other mobility devices.

Accommodating Other Mobility Devices, Life Support Equipment or Service Animals: HPT will permit the use of a lift for Segway/Scooter or other personal transportation devices when used as a mobility device by eligible clients as long as it does not exceed the capacity of the lift utilized including the user, per 49 CFR §38.

Service Animals: Transit passengers will be permitted to travel with service animals trained to assist them.

The Americans With Disabilities Act

The ADA was enacted on July 26, 1990 and provided comprehensive civil rights protection to persons with disabilities in the areas of employment, state and local government services to include transportation, access to public accommodations, and telecommunications. ADA is companion civil rights legislation with the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973. Title II of the ADA prohibits disability discrimination by all public entities at the local, state and federal level. Title II specifically addresses the subject of making public services, programs and public transportation accessible to those with disabilities.

Haywood Public Transit – ADA Plan

The ADA’s public transportation requirements for service, vehicles, systems, buildings, and facilities are meant to create a means for individuals with disabilities to travel to work, medical appointments, and other activities in a non-segregated way. Haywood Public Transit’s ADA Program management consists of the Transit Director and an ADA Coordinator. These positions work to ensure all programs and services offered by Haywood Public Transit are accessible to those clients who have a disability as defined by the ADA.

Use of Portable Oxygen/Respirator Equipment: As required by the ADA, persons using transportation service may bring respirator, portable oxygen, and/or other life support equipment on board vehicles, as long as they do not violate the law or rules relating to the transportation of hazardous materials. All equipment must be small enough to fit into the vehicle safely without obstructing the aisle and/or blocking emergency exits.

Training: Haywood Public Transit employees will be trained annually in the ADA Plan. Employees are trained in behind-the wheel training in the service areas, Mountain Projects, Inc. and Haywood Public Transit orientation, HPT’s System Safety Plan Program, sensitivity, transportation of passenger with special needs, passenger relations and assistance, defensive driving skills, equipment orientation (Lift operation), passenger loading/unloading, accidents, CPR, and emergency procedures.

Requests for reasonable accommodation: Requests for reasonable accommodations filed by clients will be responded to in a timely manner by the Transit Director. The Transit Director will determine the feasibility of the requested accommodation. Every effort will be made to economically resolve reasonable accommodation requests. If the request is denied, the client will be advised of their right to the decision by filing an appeal using the Grievance Procedure.

Grievance Procedure:

Haywood Public Transit has adopted a public grievance procedure for prompt and equitable resolution of complaints alleging an action prohibited by federal regulations contained in Title II of the Americans with Disabilities Act of 1990 (ADA) or Section 504 of the Rehabilitation Act of 1973. See the Grievance Procedure and Grievance Form.

Issues that may be grieved include but are not limited to:

• Denial of a requested accommodation
• Inadequacy of an accommodation
• Inaccessibility of a program or activity due to disability
• Discrimination based on disability.

Complaint Procedure: All ADA complaints, regardless of how minor should be referred to the Transit Director. If a driver receives a complaint, he/she should ask the passenger to complete and Incident/Complaint Report Form to express their concerns. Whether or not the passenger completes the complaint form, the driver should contact the office by telephone to notify office personnel of the situation. The drivers should never repeat information over the public two-way radio.

When an ADA complaint is received from a client, the Incident/Complaint Report Form must be completed and the Transit Director notified in writing via email immediately upon notice. When possible and appropriate, the video from the vehicle used to transport the passenger should be reviewed immediately to determine any concerns or liability on the part of the agency. If the situation involves any safety concern or liability to the agency, the Executive Director and Finance Director are also to be notified. If it is an accident-related situation, the Safety/Maintenance Coordinator is also to be notified immediately.

All ADA complaints should be responded to within 24 hours. It is best to gather all information from any and all staff members involved. Refer to the dispatch screen for accurate times of transport. If witnesses are involved, they may also be asked to respond in writing should the incident involve an accident or assault to another person. A copy of all documentation is maintained in the passenger’s file. Copies may be required by the Executive Director. When appropriate, follow all policies and procedures in the Policy Manual regarding Accident/Incident reporting.

Self-evaluation:

Self-evaluation which examines current policies and practices will be done annually in order to identify and correct any such policies and practices that are not consistent with the requirements of the ADA. Every self-evaluation should include an examination of training efforts to assure that individuals with disabilities are not subjected to discrimination because of insensitivity.

ADA Coordinator’s responsibilities include:

• Establishing and maintaining collaborative relationships with external stakeholders, such as disability advocacy groups and sub-recipients

• Preparing a report of ADA goals and accomplishments for the upcoming year 

• Monitoring services, policies, procedures, practices and processes with respect to ADA compliance and identifying compliance shortcomings and remedial measures for compliance

• Assisting the Director in processing disability discrimination complaint investigations

• Assisting the Director with development of procedures and coordinating requests for auxiliary aids and requests for reasonable accommodations

• Coordinating inspections of vehicles, equipment, facilities, and buildings

• Providing or coordinating ADA training

• Collecting and analyzing ADA data to develop regular reports.

ADA Plan Management Transit Director Responsibilities:

• Ensuring that Haywood Public Transit’s ADA Plan meets all Federal and State laws, rules, regulations, and guidelines

• Identifying and eliminating ADA discrimination when found to exist

• Collaborating and coordinating ADA compliance efforts with Mountain Projects, Inc.

• Implementing the ADA plan into the Haywood Public Transit organization

• Ensuring that all employees of Haywood Public Transit are trained annually on the plan and that there is an understanding among all drivers and office staff of the plan

• Developing ADA information for dissemination to the general public and Haywood Public Transit employees

• Reviewing and implementing (if feasible) reasonable accommodation requests which are received from clients

• Responding to complaints from the general public in a timely fashion

• Managing the grievance process and ensuring that all grievances are responded to appropriately

• Maintaining the records of grievances submitted and resolution of each

• Reporting regularly to the Executive Director of Mountain Projects the outcomes of each grievance

STATE AND FEDERAL LAWS AND REGULATIONS

The following federal and state laws apply to the use of public transportation:

29 USC 794, Section 504 of the Rehabilitation Act of 1973, provides: No qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance.

42 USC 3, Americans with Disabilities Act of 1990, provides: Discrimination is prohibited against persons with disabilities in all aspects of life, including transportation, public services, employment, housing, public accommodations, education, communication, worship, recreation, and health services. Public Law 100-259, Civil Rights Restoration Act of 1987, provides: The Act restores the broad, institution-wide scope of coverage of the nondiscrimination statutes to include all programs and activities of Federal-aid recipients, sub-recipients, and contractors, whether such programs and activities are federally assisted or not.