The Department has been asked to clarify what "accessible when viewed in its entirety" means in the context of a demand responsive system being allowed to purchase an inaccessible vehicle. First, it is important to note that this exception applies only to demand responsive systems (and not fixed route systems). The term "equivalent service" was discussed during the passage of the ADA. Material from the legislative history indicates that "when viewed in its entirety/equivalent service" means that "when all aspects of a transportation system are analyzed, equal opportunities for each individual with a disability to use the transportation system must exist. (H. Rept. 101-184, Pt.2, at 95; S. Rept. 101-116 at 54). For example, both reports said that "the time delay between a phone call to access the demand responsive system and pick up the individual is not greater because the individual needs a lift or ramp or other accommodation to access the vehicle." (Id.)(d) A public entity receiving UMTA funds under section 18 or a public entity in a small urbanized area which receives UMTA funds under Section 9 from a state administering agency rather than directly from UMTA, which determines that its service to individuals with disabilities is equivalent to that provided other persons shall, before any procurement of an inaccessible vehicle, file with the appropriate state program office a certificate that it provides equivalent service meeting the standards of paragraph (c) of this section. Public entities operating demand responsive service receiving funds under any other section of the UMT Act shall file the certificate with the appropriate UMTA regional office. A public entity which does not receive UMTA funds shall make such a certificate and retain it in its files, subject to inspection on request of UMTA. All certificates under this paragraph may be made and filed in connection with a particular procurement or in advance of a procurement; however, no certificate shall be valid for more than one year. A copy of the required certificate is found in Appendix C to this Part.
Consistent with this, the Department has specified certain service criteria that are to be used when determining if the service is equivalent. As in previous rulemakings on this provision, the standards (which include service area, response time, fares, hours and days of service, trip purpose restrictions, information and reservations capability, and other capacity constraints) are not absolute standards. They do not say, for example, that a person with a disability must be picked up in a specified number of hours. The requirement is that there must be equivalent service for all passengers, whether or not they have a disability. If the system provides service to persons without disabilities within four hours of a call for service, then passengers with disabilities must be afforded the same service.
The Department has been asked specifically where an entity should send its "equivalent level of service" certifications. We provide the following: Equivalent level of service certifications should be submitted to the state program office if you are a public entity receiving UMTA funds through the state All other entities should submit their equivalent level of service certifications to the UMTA regional office (listed in Appendix B to this part). Certifications must be submitted before the acquisition of the vehicles.(e) The waiver mechanism set forth in 37.71(b)-(g) (unavailability of lifts) of this Subpart shall also be available to public entities operating a demand responsive system for the general public.
Paragraph (e) of this section authorizes a waiver for the unavailability of lifts. Since demand responsive systems need not purchase accessible vehicles if they can certify equivalent service, the Department has been asked what this provision is doing in this section.
Paragraph (e) applies in the case in which an entity operates a demand responsive system, which is not equivalent, and the entity cannot find accessible vehicles to acquire. In this case, the waiver provisions applicable to a fixed route entity purchasing or leasing inaccessible new vehicles applies to the demand responsive operator as well.
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