A look at the negative impact
transportation gaps have
on the life of New Yorkers with disabilities
and recommendations for reform.
Prepared by the New York State Independent Living Council (NYSILC)
Transportation Subcommittee
February 2005
INTRODUCTION
The New York State Independent Living Council (NYSILC) is a consumer controlled not-for-profit council that has the authority under federal law to develop, implement, and monitor the State Plan for Independent Living (SPIL) in New York. NYSILC promotes Independent Living by increasing funding and resources, raising public awareness, providing technical assistance and training, and developing and pursuing a public policy agenda that results in systemic change for the benefit of persons with disabilities.
NYSILC has established several subcommittees to accomplish these goals. For more information on NYSILC, please visit their website at www.nysilc.org.
The NYSILC Transportation Subcommittee consists of persons with disabilities and advocates who are working to ensure the availability of accessible transportation for New Yorkers with disabilities. Although our focus, and that of this policy paper, is on state level policies, we also seek to influence federal and local policy makers. Our goal is to advocate for accessible transportation in New York State by working with local, state, and federal agencies to develop and improve accessible transportation and mandate compliance with the Federal transportation regulation entitled "Transportation Services for Individuals with Disabilities" codified at 49 CFR Part 37.
New Yorkers with disabilities face transportation crises on a daily basis that include, but are not limited to a complete lack of accessible transportation in their municipalities, gaps between platforms and subways, limited or no access to paratransit services, unreliable public transportation, limited funds to purchase and modify personal vehicles, lack of curb cuts and outright retaliation or discrimination by transportation company employees. Without reliable accessible and affordable transportation, persons with disabilities are not able to get to work, shop, access medical care, enjoy leisure activities or visit their friends and relatives. In New York State the lack of access to transportation can be more of a barrier to a full and productive life than the individual’s disability.
Transportation is a major problem for persons with disabilities; it impacts employment opportunities, participation in education, rehabilitation, independent living, market access, health and mental health services. Lack of transportation leads to isolation and adversely impacts families and their children. Transportation in many situations is not affordable by people with disabilities. Approximately 50% of persons with disabilities cannot drive. The cost to insure, own, lease, modify and/or maintain a vehicle is prohibitive. Given this reality, it is clear that accessible and affordable public transportation is a necessity for New Yorkers with disabilities if they are to realize equal rights and opportunities in all aspects of society.
GOALS
Advocates have identified three major goals of a comprehensive transportation policy: accessibility, integration, and access to each mode of transportation.
New York State must develop a comprehensive transportation plan for individuals with disabilities.
The lack of accessible transportation is a major barrier faced by individuals with disabilities. Without accessible transportation individuals with disabilities are at a much higher risk of being unemployed, losing access to shopping, medical care, friends and family. Being denied access to the resources that are available in their communities causes people with disabilities to live isolated from the quality and richness of life that the community offers. Without transportation persons with disabilities are alienated from the economic mainstream, thus causing a myriad of other problems, such as homelessness and institutionalization. Without adequate accessible transportation, individuals with disabilities are isolated from their communities and their quality of life is diminished and their dependence on public support potentially increases. Thus, a comprehensive transportation policy must create sufficient accessible transportation opportunities and options for people with disabilities. A major aspect of this policy must be to ensure accessibility in all transportation systems that are developed with local, state or federal funds.
New York State must create affordable, accessible public transportation.
Transportation as we know it, such as the family car, is not an option for many individuals with disabilities in New York State. This includes those with disabilities and the elderly, either because the person’s disability prevents them from driving (visual impairment or mobility/dexterity problems), or financial means. People with disabilities who rely on Supplemental Security Income (SSI) benefits continue to be one of the poorest groups in the nation. On average SSI benefits in 2002 were equal to only 18.8% of the one-person median household income. In addition to very low incomes, people with disabilities often have substantial expenses related to their disability, such as the cost of medical services, equipment, prescription drugs, and transportation. The current SSI benefit for a person living alone in New York State is $666. On average, people with disabilities in New York State who rely solely on SSI must spend 129% of their income to afford a modest one-bedroom apartment priced at HUD fair market rents. This does not include the money needed to purchase food, utilities, and personal care items. Thus owning a family car is a luxury that is out of reach for most persons with a disability. For others, their disability prevents them from driving, which makes public transportation their only option. One out of thirteen households do not own a private vehicle and for 41% of rural residents, there is no public transportation. New York State Department of Transportation does not at this time plan, regulate or monitor the development of public transportation systems.
It is not only individuals with disabilities who rely on SSI who are priced out of the transportation. Individuals who rely on Social Security Disability Insurance (SSDI) benefits often face the same challenges in locating accessible transportation. The incomes of SSDI recipients vary but usually do not exceed $1000 per month. This income is severely depleted for those who must "spend down" their income for Medicaid eligibility. Thus, with net incomes of less than $666 per month, finding transportation is extremely challenging.
Any new transportation project developed must consider the needs of persons with disabilities.
Any type of transportation development including: roads, sidewalks, buses, trains, planes, ferries, commuter bus routes, capital purchases of vehicles, and crossing signage must include accommodation for persons with disabilities in accordance with the American’s with Disabilities Act of 1990 (ADA). The cumulative effect of the lack of accessible, affordable and integrated transportation has created a social, economic and medical crisis for New Yorkers with disabilities. In the following section, we provide recommendations for developing transportation options for persons with disabilities.
RECOMMENDATIONS
The recommendations for alleviating the transportation crisis can be broken down into two areas: legislative action and administrative and regulatory reform. Although our recommendations focus on the state level, we also provide recommendations for federal and local policy makers.
State Legislative Action
New York State must pass legislation requiring the Department of Transportation to establish a comprehensive and permanent planning, development, regulatory and enforcement process to assure persons with disabilities have access to all available transportation options. This legislation needs to address all modes of transportation: private transportation, rail, ferry, bus, taxi, paratransit, auto, bike, wheelchair and pedestrian in rural, urban, and suburban locations. It further requires the development of integrated rural and suburban transportation systems that include persons that are elderly, poor, disabled, veterans and school-aged.
Persons and agencies serving persons with disabilities must be part of the development of this comprehensive system, a comprehensive transportation plan that is designed to increase awareness of need and accessibility issues pertaining to persons with disabilities, and correction of these deficiencies.
A New York State Accessible Transportation Committee (NYSATC) needs to be created by the NYSDOT. This committee would be responsible for planning, developing, implementing and enforcing existing transportation laws and regulations for persons with disabilities as well as development of new regulations/laws specific to persons with disabilities. There is currently no entity charged with the development of new transportation policy for persons with disabilities. The lack of a comprehensive transportation policy for persons with disabilities results in a fragmented, incomplete, expensive and ineffective transportation system.
Legislation needs to be developed to adopt, enforce and strengthen the Federal Americans with Disability Act (ADA) Regulations governing Transportation Services for Individuals with Disabilities, 49 CFR Part 37 (ADA).
Without enforcement and strengthening of Americans with Disabilities Act (ADA) regulations, become outdated and useless. Furthermore, New York’s implementation of the Olmstead decision of the Supreme Court will be compromised by the lack of a comprehensive, strengthened and enforced transportation regulation.
Transportation legislation must be passed to require pedestrian, bike, and wheelchair access routes from suburban areas into inner city employment, entertainment and shopping areas.
While the present system of bikeways is for recreational activities, the development of a safe and separate transportation corridor for pedestrian, bike or wheelchair access, offering a healthy non-automotive alternative to participate in work, leisure and commercial activities, is essential to improving the quality of life for all New Yorkers.
Federal Legislative or Regulatory Activity
Enforce 49 CFR Part 37 "Transportation Services for Individuals with Disabilities" (ADA). Lack of staff, comprehensive, integrated transportation planning, updated regulations and guidelines, funding and enforcement prevent persons with disabilities from fully participating in the economic, health, recreation and employment sectors of the country.
Amend Part 37 Subpart C Section 37.47 to expand accessibility to all transportation facilities, not just key stations, as this is a safety issue.
Amend Part 37 Subpart C 37.55 and 37.51 to require accessible devices to cross the gap between the platform and light rail cars and trains. This is a safety issue.
Amend Part 37.95 Subpart D to require accessible boarding and disembarking, accessible entrances to terminal areas and accessible buses to ferry terminals.
Amend Part 37’s bus ramp/lift standards to require a 900-pound capacity due to the increased weight of power wheelchairs.
Amend Part 37 Subpart F Section 37.131 to expand the corridor from ¾ of a mile to 2 miles. The current regulation causes significant gaps in service for individuals dependent upon paratransit services. The expansion would encompass a greater area; allowing more choice in where individuals live, as well as ensuring that all portions of a paratransit entity’s service area is provided with coverage.
Amend Part 37 Subpart B Section 37.29(b) to require entities providing livery taxi service to purchase accessible vehicles for at least 10% of their fleet. Hailed taxis, such as those in NYC should require a 100% accessibility. This could be accomplished by requiring all new hailed taxis to be accessible, allowing removal of nonaccessible vehicles by attrition.
Enforce Section 37.131ADA paratransit regulations for scheduling, provision and reliability of services. Patrons of paratransit service are continually complaining of the inability of paratransit providers to routinely provide next day service. In some locales, the provider does not offer next day service at all. In other locales, next day service is provided only after riders are forced to negotiate next-day ride times well outside the one-hour window allowed by regulations. Many riders have grown to accept the fact that they cannot get a next-day ride.
Amend Title 49, Section 27.11 of the transportation regulations, which indicates that paratransit entities are to establish a system for periodically reviewing and updating the evaluation. Require paratransit providers to evaluate current policy and procedures to assess complaints, and identify compliance issues on a specified timetable. The paratransit entity should be required to submit their findings to the FTA and publicize the results for all stakeholders to review.
Local and Regional Activity
Speed limits need to be enforced to increase pedestrian safety.
Local authorities need to increase enforcement of the pedestrian right of way law in crosswalks. While New York has this law on the books, it is not enforced. This law is enforced in neighboring states and results in slower speeds and respect for the pedestrian. Enforcement of this legislation would greatly assist seniors, persons with disabilities, and parents with young children in safely crossing our streets.
Municipalities need to enforce and strengthen snow removal ordinances including removal from sidewalks, curb cuts, bus stops, accessible parking sites and their access isles, and other appropriate places.
Enforcement of existing local laws on sidewalk maintenance including clearance of overhead obstructions to pedestrians is necessary.
Transportation entities need to comply with all appropriate Sections of 49 CFR Part 37 "Transportation Services for Individuals with Disabilities" (ADA). The Board of Directors of transportation entities should be required to be inclusive of at least one person with a disability.
All transportation authorities and highway departments need to establish an advisory panel comprised of persons with disabilities to assist them in the planning, development, implementation and enforcement of a comprehensive, coordinated transportation system. In most counties there are specific transportation systems for seniors, persons with developmental disabilities, veterans and students. Due to this fragmentation, it is not uncommon for agency owned vans to be sitting in agency parking lots while persons are unable to get to work, the local market or the doctor.
New York City and other appropriate municipalities need to pass an Accessible Passenger Ferry Services Transportation Act to be utilized by all entities with ferry service.
Paratransit Activities
Recommendation: Pay and benefits should be the same for transit and paratransit bus drivers. This is a concern to the disability community as a significant difference in pay and benefits results in the hiring of less experienced and inadequately trained drivers for the paratransit service.
The paratransit entity shall have an established means of providing alternative transportation when the entity is unable to transport an individual due to the entity’s capacity constraints. They should offer alternative options, such as contracting a wheelchair accessible van or calling a taxi to meet the individual’s needs.
ADA regulations require paratransit providers to meet all rider requests for next-day service. Providers in general should ensure that their fleet size is adequate to meet the demand of users.
Funding to support a transportation agenda for persons with disabilities
Fees for abusing accessible parking areas should be increased to discourage this activity.
Enforce a requirement that local and state governments give 20% of the income generated from accessible parking violations back to the disabled community to fund planning activities and pilot projects to increase development of an accessible transportation system in New York State.
For example: County DOTs should form County Accessible Transportation Committees. Once a New York State Accessible Transportation Committee (NYSATC) is formed, it should work with each county. The ATC is to assure the use of the 5310 and 5311 grants in the development of accessible transportation systems in every county. These grants need to be applied for by individual counties, are specific to rural counties and can only be used for the disabled, poor or elderly. There are three models under these grants:
Coordinated models with shared vehicles, whereby the county would be given a wheelchair accessible van, which would be utilized by agencies or volunteers. Agencies would be encouraged and rewarded for sharing vehicles and coordinating services.
Volunteer systems: Volunteer drivers should be reimbursed for providing transportation to friends, neighbors and co-workers. The rural supported volunteer transportation voucher program has been successful with this.
Voucher system (5311 grant): This paratransit system banks the money allocated, into an ILC for example, and uses it when needed. The agency would get $15,000 for use to start up.
Training activities
Public and private transportation entities dealing with persons with disabilities should access training for their staff on etiquette, sensitivity, access and other issues through the nearest Independent Living Center. A statewide directory of Independent Living Centers is available online at www.nysilc.org/directory.htm.
SUMMARY
When New Yorkers with disabilities lack accessible and affordable transportation, they are denied full access to life. It limits their ability to secure and maintain employment and housing, engage in shopping and recreational activities, visit friends and relatives, and participate in civic duties such as the fundamental right to vote at a local polling place.
Without a comprehensive plan to address transportation access for persons with disabilities in New York, the state is violating the 1999 Olmstead U.S. Supreme Court decision, President Bush’s Executive Order 13217 on "Community-based Alternatives for Individuals with Disabilities," and compliance with the state’s Most-Integrated setting Coordinating Council planning process. In addition to the moral implications, New York State and its taxpayers cannot afford to institutionalize and/or exclude people with disabilities at home from the economic and social mainstream of society. A lack of planning, policy, and infrastructure is no excuse for the current situation. The citizens of this state deserve better and must be prepared to address what will be a catastrophic need with the aging of the "baby boomer" population by 2015.