[nagdu] Questions about Federal regs regarding paratransit

Thu Jan 22 17:34:24 UTC 2009

Hi Margot,

You are correct; the provider is not doing anything "illegal" when
asking if she has a service dog with her.  However, I would argue that
the provider is not within the law if it denies her a ride or terminates
a ride simply because the driver did not know that a guide dog was
present.  In Baltimore, our Paratransit has sedans and cut-away vans
with lifts.  If three individuals are already in the sedan (1 up front
and 2 in the back), then it might be reasonable to dispatch another
sedan for the individual because 3 in the back of the sedan with a guide
dog as well might not be safe or practical.  However, the fact that your
records have that you are a guide dog user is ample notice to the
provider.  The notion that "if you don't tell us, we will assume that
you do not have your guide dog" is ridiculous.

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 Margo and Elmo
Sent: Thursday, January 22, 2009 9:41 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Questions about Federal regs regarding paratransit

Charlene, I just spoke with a couple of folks in the know about these 
things.

Generally speaking, they are not doing anything illegal by asking you to

mention that your guide dog is accompanying you on each trip.  Now, it
was 
suggested to me that perhaps it might be possible that the paratransit 
service might be using an outdated software program on their computers.
it 
was further suggested that they look at a software called Trapeze which
is 
extremely accurate--not perfect but accurate.  For example, our
paratransis 
sytem which is a very good and reliable system uses Trapeze.  On the 
application I filled out, I checked that I have a guide dog.  that info
went 
into my records on this software and that fact automatically goes into
my 
trip when I make a paratransit reservation.  the reason they like to
know 
these things is to ensure comfortable space for the dog.  They also know

about scooters, wheelchairs, PCA's and such to ensure space on the van.

hope this helps.

margo and Elmo
----- Original Message ----- 
From: "Charlene Ota" <caota at hawaii.rr.com>
To: "'NAGDU Mailing List, the National Association of Guide Dog Users'" 
<nagdu at nfbnet.org>
Sent: Wednesday, January 21, 2009 11:27 PM
Subject: [nagdu] Questions about Federal regs regarding paratransit

> Several of us in Hawaii are having a problem with guide dogs on 
> paratransit.
> We've all notified the company and validated that the fact that we
have
> guide dogs is in our records and the reservationists see this at the
time 
> we
> make reservations.  However, even so, we're having a problem if we
make a
> reservation when we are picked up we are at times given a hard time
about
> because we didn't tell the reservationists that we have a service dog.
The
> other day I was almost put out of a cab from one of the companies that
> paratransit contracts with. When I pointed out to the reservationists
that
> it is in my record that I have a guide dog so why do I have to tell
you
> every time that I take him she kept arguing that it's assumed that if
you
> don't mention that you're taking the dog then you're not taking the
dog. 
> She
> compared it to having a PCA. I tried to tell them that it's actually
the
> norm for me to have my guide dog with me, but this didn't matter to
her.
>
> So, my question is, can we be put off of paratransit if we don't
> specifically mention our dog every time we make a reservation? Is a 
> service
> dog or guide dog comparable to a PCA? Personally, I think this is
going 
> too
> far and it is verging on discrimination.  Also, one final question,
are 
> our
> HIPA rights violated when our information is discussed over the air of
the
> radio or cell phone with the drivers?  To me, paratransit is public
> transportation and I don't feel they have the right to do some of
these
> things. But, I need the Federal regs to do much about the situation.
>
> Any help would be appreciated.
>
> Charlene
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