840 R.I. Code R. 840-RICR-00-00-2.3

Current through November 7, 2024
Section 840-RICR-00-00-2.3 - Standards for ADA Paratransit Eligibility (49 C.F.R. Section 37.123)
A. An individual may be eligible for ADA paratransit services on the basis of a permanent or temporary disability.
B. If an individual meets the ADA eligibility criteria with respect to some trips but not others, RIPTA has the right to limit the individual's eligibility only to those paratransit trips for which he or she meets the eligibility criteria.
C. An individual must meet the criteria of at least one of the below-described categories to be eligible for ADA paratransit services:
1. Category 1: Any individual with a disability who is unable, as a result of physical or mental impairment (including a vision impairment or cognitive impairment) and without the assistance of another individual (except the operator of a wheelchair lift or other boarding assistance device), to board, ride, or disembark from any vehicle on RIPTA's fixed route public transit system that is readily accessible to and usable by individuals with disabilities.
a. Eligibility in Category 1 is based on an individual's inability to board, ride or disembark independently on a RIPTA fixed route bus, as a result of his or her disability.
2. Category 2: Any individual with a disability, who needs the assistance of a wheelchair lift or other boarding assistance device and is able, with such assistance, to board, ride and disembark from any RIPTA vehicle, if that individual wishes to travel on a route on RIPTA's system during hours of operation at a time, or within a reasonable period of time, when such vehicle is not being used to provide designated public transportation on the route.
a. Category 2 applies to an ADA eligible individual, who could use accessible fixed route transportation, but such accessible transportation is not available within a reasonable period of time on the fixed route that the individual would like to travel. This category is route based, not system based. All RIPTA vehicles have wheelchair ramps or lifts and other riding assistance devices. Category 2 refers to incidents when a vehicle device is not functioning RIPTA will transport the individual within a reasonable period of time by alternative vehicles.
3. Category 3: Any individual with a disability who has a specific impairment-related condition that prevents such individual from traveling to a boarding location or from a disembarking location on RIPTA's system.
a. Category 3 concerns an individual who has a specific impairment-related condition that prevents him or her from getting to and from a fixed route stop. Under the ADA, this category should be construed narrowly. The key eligibility criterion concerns the interaction between an individual's impairment and an environmental barrier (whether distance, weather, terrain or architectural barriers).
D. RIPTA reserves the right to recertify an individual's eligibility at reasonable intervals to ensure that changed circumstances have not invalidated or altered the individual's ADA eligibility.

840 R.I. Code R. 840-RICR-00-00-2.3