[NFBF-L] Seeking Blind/Visually Impaired HART Patrons

[Marion Gwizdala]

Please distribute the following message as widely as appropriate.

 

October 27, 2020

 

                The Tampa Bay Chapter of the National Federation of the
Blind of Florida is seeking blind and visually impaired patrons of
Hillsborough Area Regional Transit (HART) to share experiences and offer
input concerning HART's requirement to provide certain announcements on
their fixed route system. This narrative will outline the federal
regulations concerning this requirement, the intended practical application
of the regulations, HART's protocol to implement these regulations, typical
shortcomings of the current implementation of these protocols and, how and
where to notify us of your concerns about compliance. 

 

The Tampa Bay chapter of the National Federation of the Blind of Florida has
been actively advocating for improved transportation since our inception in
October 1987. For thirty-three years, we have been utilizing a powerful,
collective, representative voice for those who benefit from an effective,
efficient public transportation system. We know that, through collective
action and a strong, unified voice, we can remove the artificial barriers
that impede our independent travel and manifest a public transportation
system free of the impediments currently faced by those of us who are blind.


 

                Those of us using Hillsborough Area Regional Transit's fixed
route system have likely heard the on-board announcements about connecting
routes, major intersections and other public service announcements. Most
might think it a nice amenity that HART provides this information; few are
aware that this information is mandated by implementing regulations of the
Americans with Disabilities Act and HART frequently falls very short with
their compliance. Sometimes their failure to comply creates an inconvenience
for their blind patrons; other times their noncompliance compromises our
safety.

 

                We are presenting this information in an effort to educate
HART's blind and visually impaired patrons, as well as other individuals
benefiting from these regulations and empower them to make their voices
heard on the necessity for HART to comply with these regulations. Once we
outline the implementing regulations and the practical application we should
expect from HART, we will show you how to file a report on your experience.
Sharing it with those in a position to make a difference by filing an
official report makes your experience part of the public record and is far
more successful for creating change. 

 

First the disclaimer: This information is provided as informal guidance only
and should not be construed as legal advice. I am not an attorney and will
do my best to break it down into laymen's  terms, because that is what I
understand myself! Though this information applies to all entities providing
fixed route services across the nation, it is my intention to outline the
policies and practices instituted by Hillsborough Area Regional Transit
(HART), as it pertains to the protocol they expect their operators to employ
to comply with this regulation. These same practices can be used as a model
for other transit providers to comply with the implementing regulations
concerning announcements on their own fixed route systems.

 

                Title II of the Americans with Disabilities Act (ADA)
applies to Public (governmental) entities and prohibits discrimination on
the basis of disability. The implementing regulations of the ADA, also
called the code of federal regulations (CFR) outline the practical way the
ADA is to be applied. 

 

Title II of the ADA defines "fixed route system" as "a system of providing
designated public transportation on which a vehicle is operated along a
prescribed route according to a fixed schedule" (42 USC 12141(3)). According
to this definition, HART's regular bus routes, limited express, express, and
flex routes would all be considered fixed route systems. Some may question
if flex routes are a fixed route; however, the flex routes do travel along a
prescribed route with a fixed schedule in spite of the ability to deviate
from the prescribed rout. HART does consider the Flex routes fixed route
service. 

 

As it relates to announcements, the implementing regulations found at 49 CFR
37.167, entitled "Other service requirements", states,  

 

(a) This section applies to public and private entities. 

(b) On fixed route systems, the entity shall announce stops as follows: 

(1) The entity shall announce at least at transfer points with other fixed
routes, other major intersections and destination points, and intervals
along a route sufficient to permit individuals with visual impairments or
other disabilities to be oriented to their location. 

(2) The entity shall announce any stop on request of an Individual with a
disability.

(c) Where vehicles or other conveyances for more than one route serve the
same stop, the entity shall provide a means by which an individual with a
visual impairment or other disability can identify the proper vehicle to
enter or be identified to the vehicle operator as a person seeking a ride on
a particular route. 

                                

                A number of specific terms are used in this regulation. The
first is the phrase "at least". This sets a minimum standard of connecting
routes, major intersections, points of interest and" intervals along a route
sufficient to permit individuals with visual impairments or other
disabilities to be oriented to their location",. In the list of "at least"
made announcements, the regulations plainly and intentionally use the
conjunction "and" to convey all must be done at the minimum. Furthermore, it
affords flexibility by providing the mandate that "The entity shall announce
any stop on request of an Individual with a disability."           The
semantics of this regulation are very direct, utilizing the term "shall",
stating that these are not options but requirements. These regulations
govern the provision of what is commonly referred to as "inside
announcements", since they are provided to passengers who have already
boarded the vehicle and are seated inside the vehicle, and "outside
announcements", as they provide information to patrons who are waiting at a
stop but have not yet boarded.

 

                Even though the inside announcements are required so that
individuals who are blind or have low vision are oriented to their
environment, they also afford distinct advantages to those of the general
public who do not have a disability. Many transit passengers spend their
commute time reading, making telephone calls,  or other tasks which might
distract them from an awareness of their location. Verbal announcements give
these passengers, along with those who are blind, visually impaired or, have
other disabilities the regulations are meant to assist, audible cues
alerting them to their approaching destination. Since tourism is a major
industry for our area, the regulation's requirement to announce major
destination points also provides information to visitors about some of the
points of interest on the route, such as museums, stadiums, convention
centers, libraries, amusement parks, shopping centers and, colleges and
universities, to name a few, that support the economic health of our
community. In addition, a friendly, inviting voice providing the required
announcements and informational public service announcements creates an
atmosphere enhancing the public transit experience. 

 

Like many transit systems, HART utilizes what is known as an enunciator - an
automated system that uses global positioning systems to identify the
vehicle's location and are programmed to make verbal announcements of
information  being displayed on a screen inside the bus. These enunciators
can also be programmed to make announcements outside the bus when the doors
are opened. Though such enunciators are very helpful tools, like all
technology, they can malfunction. When they do malfunction, the vehicle
operator is ultimately responsible for making the proper inside and outside
announcements as prescribed by the regulations. Additionally, complying with
the letter of the regulation also means complying with its stated purpose,
to permit individuals with visual impairments or other disabilities to be
oriented to their location. In order to be effective and useful,
announcements should be made frequently enough to provide the orientation
cited, with enough notice to afford the opportunity to request the stop
announced and in a manner in which they can be heard and understood. They
must also be made reliably enough to allow individuals confidence that they
are and will be made. It is very disconcerting to be sitting in the bak of a
bus wondering where you are when announcements are not being made. 

 

Let me share with you the practical application of these regulations by
describing its implementation as it pertains to a route I use frequently.
The route 8 travels between the Marion Transit Center (MTC) and the
Westfield Brandon Mall with a total run time of just over one hour in each
direction. Typically, this route provides half-hourly frequency during the
weekdays and hourly schedules on the weekend. Due to COVID-19, hart is
currently running a modified Sunday schedule, so this route serves us
hourly. As it travels through downtown along the Marion Transitway, it
announces each of the stations along the way. Along the Channelside
District, it announces the Tampa Visitors' Center, Amalie Arena, and the
cruise ship terminal. When it enters Ybor City, it announces the route 12,
the Streetcar Barn, and Historic Ybor City. From this point, the route does
not intersect with another connecting route for quite some time; however,
along the route, it makes announcements to comply with the orientation
requirements of this regulation. We have offered suggestions for a couple
additional announcements and more than a couple adjustments so we get
approaching intersection announcements with enough time to disembark before
crossing the intersection. As a person who is blind, I believe an
announcement of an approaching intersection should be made enough in advance
to allow disembarkment at the last stop prior to the intersection. On the
route 8, this does not always happen; in fact, the intersection of Gornto
Lake drive and Causeway Blvd. is made as we ar physically in the middle of
the intersection. 

 

                The other requirement of this regulation is what is often
referred to as "outside announcements" and are required where two or more
routes utilize the same stop, such as at malls, transfer centers or along
roadways serviced by more than one route. This regulation allows an
individual who is blind, visually impaired or has another disability to
"identify the proper vehicle to enter"." These outside announcements provide
audible information about the route number and direction of travel; the same
information is displayed visually on signs on the fronts and sides of the
buses.

 

            Continuing my example of the route 8 which services the
Westfield Brandon Mall, several other routes also depart from that point,
all utilizing the same single bus stop. The regulation requires fixed route
operators to "provide a means by which an individual with a visual
impairment or other disability can identify the proper vehicle to enter".
HART does this by means of the same automated system providing the inside
announcements, whereby the route number and direction of travel is verbally
announced when the bus doors open. Since a person who is blind or visually
impaired may not be aware that a vehicle has stopped behind another idling
vehicle, HART's protocol is that, where two or more routes serve the same
stop, such as the Westfield Brandon Mall or Britton Plaza Transfer Center,
operators are required to pull up to the actual bus stop sign and make or
activate the outside announcement before proceeding. Operators are not
permitted to depart from behind another vehicle but must wait for that
vehicle to depart in order to proceed to the stop, as described above.
Additionally, operators are not permitted to drop patrons off at any point
except the bus stop even if they are preparing to stage for several minutes
and not pick up passengers until their staging is completed. This practice
gives us confidence a passing bus did not just depart without us. 

I believe all busses should stop and make an announcement, even if the
announcement is "Out of service to stage" . Such a consistent practice gives
a greater sense of confidence in the system. I also believe the volume of
the outside announcements should be sufficiently high enough to be heard
over the idling buses.

 

            I want to reiterate that the use of the automated enunciator
system does not absolve the operator of the vehicle from the requirement to
make these announcements. In my experience, when operators are aware their
enunciator systems are                 not working properly, ***********
rather than making the required announcements they often ask a person  who
is obviously blind which stop is needed. My usual response is to remind them
that, if the proper announcements are made as required by the regulations, I
should have no problem identifying my stop. Keep in mind that not every
blind person may be easily identifiable and the driver may not always
remember which stop a person might ask for when boarding; therefore, when
the enunciator system malfunctions, operators are ultimately responsible for
making the same announcements. Though providing an operator with your stop
may assist you individually, it does not assist the person the driver may be
unaware also needs the announcements. The only way these announcements are
effective is when they are reliably consistent. 

 

            Please indulge me a moment as I share my position on telling a
bus operator where I want to disembark. If this is how I choose to handle it
on a particular day, I believe it is a good method. At the same time, I want
to maintain by orientation to my environment because the ultimate
responsibility for me arriving at my stop is mine! If I choose to relinquish
the responsibility to someone else, I forfeit the outcome of arriving at my
destination. I sometimes do tell an operator where I want to disembark
because the announcement comes too late to request a stop; however,
effective, efficient announcements orient me to my destination so I know I
am approaching the stop and I remind the operator of my stop request.

 

            Another vital area of concern in which the failure to comply
with these regulations is when a route encounters a detour. Even those of us
with good orientation skills and familiarity with Tampa often rely upon the
expected path of a particular route to maintain our orientation. When the
route encounters a detour, patrons should be notified with adequate time to
make informed decisions should the detour affect their travel plans. From a
practical point-of-view, a brief description of the detour at least one mile
before the last bus stop prior to the beginning of the detour would allow
all passsengers the ability to spontaneously modify travel plans before the
detour begins. All passengers should be allowed to disembark as close to the
regularly scheduled route  whether a designated bus stop is there or not,
provided it is safe to do so. In addition, due to the unfamiliarity of an
area outside the expected known routes, more frequent announcements would
benefit the orientation of all passengers in an unexpected unfamiliar area,
including those who are blind. There should also be an announcement when the
vehicle resumes its regular route whether or not there is a scheduled
announcement at that point. 

 

            Returning to our route 8 example, for several months both the
eastbound and westbound vehicles have been detoured down 4th Avenue from
Nuccio Parkway to 24th street before returning to 7th Avenue to resume its
regular route. Since the enunciator system needs to be programmed with
global positioning coordinates, HART's automated system has no coordinates
to trigger announcements. Since the enunciator is only a supplemental
convenience for the required announcements, once the vehicle passes its last
regularly programmed announcement  before the detour, no further automated
announcements are made and the implementation of this regulation falls to
the operator. when the enunciator is not effective, such as on these
detours, or malfunctions, the responsibility lies upon the operator. Even
though this route has been on detour for several months, the compliance rate
for announcements on this detour is extremely low. 

 

            HART assures us they are working to ensure delivery of
announcements that effectively comply with every element of these
regulations. We are told by operators that management is consistently
stressing the requirement of announcements and disciplining those who do not
comply with the implementing regulations and HART's procedures. In order for
compliance to increase, HART needs patrons to report those who fail to
comply with the regulations and HART policies. We realize that those of us
who rely upon public transit and, as such, develop a relationship with the
operators of those routes we frequently travel, might be hesitant to report
an operator who is not following HART's prescribed protocol. When we
encounter an operator who is not making these announcements, a friendly
reminder of their requirement may be all that is necessary when the policy
is not adhered to. It is also worthwhile to know that operators reported for
not making their announcements are generally counseled on their
responsibility but such counseling does not result in the assessment of an
infraction. Subsequent reports, however, could have a more serious penalty.
To report concerns about compliance with the requirements to make these
announcements, you can call Hillsborough Area Regional Transit customer
service line at (813) 254-HART (4278) or submit a report online at
<https://seeclickfix.com/web_portal/YfZk11CyDrGuxcaaZ2bbQjq9/report/category
>
https://seeclickfix.com/web_portal/YfZk11CyDrGuxcaaZ2bbQjq9/report/category 

 

            When you file your report with HART, it would be helpful to
share it with us, as well. As a representative voice, we attend and conduct
HART meetings to advocate for the blind and our need for effective,
efficient, reliable public transportation.We can only represent your needs
when you help us know that need by participating in our regular discussions
and meetings.       For more information about these regulations, other
transportation matters affecting the blind, or any issue of concern to the
blind, please feel free to get in touch with us. Please write to

 

Marion             Gwizdala

Blind411 at verizon.net

            (813) 626-2789

 

            The National Federation of the Blind of Florida is an affiliate
of the National Federation of the Blind, located in Baltimore, Maryland. The
National Federation of the Blind is the oldest and largest organization of
the blind in the United States. The NFB knows that blindness is not the
characteristic that defines you or your future. Every day we raise
expectations of the blind because low expectations create obstacles between
blind people and our dreams. You can live the life you want! Blindness is
not what holds you back. The Federation provides scholarships to blind
students; support for those who are blind or losing their eyesight; advocacy
for the blind facing discrimination; and educational programs for the
general public on topics of blindness.       The NFB is not an organization
that speaks on behalf of the blind; we are the blind speaking for ourselves.


 

 

 

 

Marion Gwizdala

(813) 626-2789

Marion.Gwizdala at verizon.net 

 

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