[nagdu] does anyone know why?

Fri Nov 7 16:26:25 UTC 2008

Hi Marsha,

I am speaking now as a user of the MTA Mobility Services system and not
as an attorney with the U.S. DOT.

First, I know of no rule that states that we can ride in the front seat.
However, Marion is correct; policies may be modified to better
facilitate users of service animals equal access.  This would be
balanced against the assumed reason for the policy: safety.  So, even
though the policy can be changed, the MTA is not forced to change it.

Secondly, there is no rule in the Maryland Code or the Public Service
Commission (taxi regulatory body) that states a service animal must be
on the seat in a cab.  In fact, I have never rode with my dog on the
seat of any cab -- the drivers would have had a fit.  However, many
drivers are quite large, and the room between their front seat and the
back seat is sometimes not large enough for my dog to fit.
Nevertheless, we always make it work.

Getting back to the Paratransit/Taxi issue.  If Paratransit refuses to
allow you to sit up front (and presumably, they have the right to do so,
as long as no passengers are allowed to ride up front) and you would
rather a car than a mini bus, then I would look into the MTA Taxi Access
program.  This way, you will be in a car with no other passengers, such
as what is done with Paratransit.

Craig

Craig Borne
NHTSA/DOT
(202) 493-0627 
craig.borne at dot.gov

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On
Behalf Of Marion & Martin
Sent: Friday, November 07, 2008 8:09 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] does anyone know why?

Marsha,
    To the best of my knowledge, there are no DOT regulations regarding 
these issues; however, there may be company policies. The ADA requires 
businesses to "modify policies, practices, and procedures" to allow
people 
with disabilities to be accompanied by their service animals. Therefore,
if 
the front seat and/or the floorboard is the best place for the service 
animal and there is a policy regarding this, the policy may need to be 
modified. Craig Borne is an attorney and guide dog user in the Baltimore

area. I believe he also has something to do with transportation. Perhaps
he 
would be willing to help out with this question.

fraternally,
Marion

----- Original Message ----- 
From: "Marsha" <queen.marsha.lindsey at gmail.com>
To: "'NAGDU Mailing List, the National Association of Guide Dog Users'" 
<nagdu at nfbnet.org>
Sent: Thursday, November 06, 2008 11:55 AM
Subject: [nagdu] does anyone know why?

>I am signed up here in the Baltimore area for the paratransit service,
when
> I have been picked up in a car, they will not allow myself or my
"Seeing
> Eye" dog to ride in the front seat. In the case of last week, a car 
> arrived
> with two other passengers and I was forced to cram both me and my dog
plus
> another passenger in the back of a car, it was very uncomfortable.
Well I
> did not want to be "no showed" so I took the ride. If I had been
allowed,
> and this is not the first time this has happened, there would have
been
> plenty of room in the front seat with me and my dog, with the dog in
the
> floor board, and me comfortable. But they refuse to allow this. Is
there 
> any
> legal standing on this? I am filing a complaint with the MDLC about
> theparatransit here, for this and a few other reasons. Am I wrong in
> thinking that they should allow this? I like being picked up in a car
> better, but there can not be two other passengers. Another policy that
I 
> do
> not understand, is that when picked up in a cab, a regular normal cab,
I 
> am
> forced to have the dog on the seat not on the floor board. Is anyone
> familiar with this? These are strange things to me, and in some cases
has
> caused some issues when traveling with someone because there is not
enough
> room. Of course no one will admit it but I have been passed up several

> times
> by cabs because of me and my dog, I did not think that this still 
> happened,
> and especially in a city with the headquarters of the NFB in it, but
it
> does.
> Just looking for some feed back on this, thanks!
> Marsha Lindsey
>
> NAGDU Board member
>
>
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