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</o:shapelayout></xml><![endif]--></head><body lang=EN-US link=blue vlink=purple><div class=WordSection1><p class=MsoNormal>Please distribute the following message as widely as appropriate.<o:p></o:p></p><p class=MsoNormal><o:p> </o:p></p><p class=MsoNormal>October 27, 2020<o:p></o:p></p><p class=MsoNormal><o:p> </o:p></p><p class=MsoNormal> 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. <o:p></o:p></p><p class=MsoNormal><o:p> </o:p></p><p class=MsoNormal style='text-indent:.5in'>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. <o:p></o:p></p><p class=MsoNormal style='text-indent:.5in'><o:p> </o:p></p><p class=MsoNormal> 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.<o:p></o:p></p><p class=MsoNormal><o:p> </o:p></p><p class=MsoNormal> 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. <o:p></o:p></p><p class=MsoNormal><o:p> </o:p></p><p class=MsoNormal style='text-indent:.5in'>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.<o:p></o:p></p><p class=MsoNormal><o:p> </o:p></p><p class=MsoNormal> 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. <o:p></o:p></p><p class=MsoNormal><o:p> </o:p></p><p class=MsoNormal><a name="OLE_LINK2">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)). </a>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. <o:p></o:p></p><p class=MsoNormal><o:p> </o:p></p><p class=MsoNormal style='text-indent:.5in'>As it relates to announcements, the implementing regulations found at <a name="OLE_LINK5"></a><a name="OLE_LINK6"></a><a name="OLE_LINK124">49 CFR 37.167</a>, entitled “Other service requirements”, states, <o:p></o:p></p><p class=MsoNormal><o:p> </o:p></p><p class=psection-1 style='text-indent:.5in'><a name="OLE_LINK3"></a><a name="OLE_LINK4"><span class=enumxml1><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'>(a)</span></span></a><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'> This section applies to public and private entities. <o:p></o:p></span></p><p class=psection-1 style='text-indent:.5in'><span class=enumxml1><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'>(b)</span></span><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'> On fixed route systems, the entity shall announce stops as follows: <o:p></o:p></span></p><p class=psection-2 style='margin-left:1.0in;text-indent:-.5in'><span class=enumxml2><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'>(1)</span></span><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'> The entity shall announce at least at transfer points with other fixed routes, other major intersections and destination points, and <a name="OLE_LINK7">intervals along a route sufficient </a><a name="OLE_LINK9">to permit individuals with visual impairments or other disabilities to be oriented to their location. </a><o:p></o:p></span></p><p class=psection-2 style='margin-left:48.0pt;text-indent:24.0pt'><span class=enumxml2><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'>(2)</span></span><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'> The entity shall announce any stop on request of an Individual with a disability.<o:p></o:p></span></p><p class=psection-1 style='margin-left:1.0in'><span class=enumxml1><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'>(c)</span></span><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'> 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. <o:p></o:p></span></p><p class=MsoNormal> <o:p></o:p></p><p class=MsoNormal> 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”<span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'> 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.”</span> 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.<o:p></o:p></p><p class=MsoNormal><o:p> </o:p></p><p class=MsoNormal> 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. <o:p></o:p></p><p class=MsoNormal><o:p> </o:p></p><p class=MsoNormal><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'>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. <o:p></o:p></span></p><p class=MsoNormal><o:p> </o:p></p><p class=MsoNormal style='text-indent:.5in'>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. <o:p></o:p></p><p class=MsoNormal><o:p> </o:p></p><p class=MsoNormal> 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 “<span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'>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.<o:p></o:p></span></p><p class=MsoNormal><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'><o:p> </o:p></span></p><p class=psection-1 style='margin-left:1.0in'><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'> 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. <o:p></o:p></span></p><p class=psection-1 style='margin-left:1.0in'><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'>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.<o:p></o:p></span></p><p class=psection-1 style='margin-left:1.0in'><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'><o:p> </o:p></span></p><p class=MsoNormal><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'> 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. <o:p></o:p></span></p><p class=MsoNormal><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'><o:p> </o:p></span></p><p class=MsoNormal><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'> 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.<o:p></o:p></span></p><p class=MsoNormal><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'><o:p> </o:p></span></p><p class=MsoNormal><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'> 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. <o:p></o:p></span></p><p class=MsoNormal><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'><o:p> </o:p></span></p><p class=MsoNormal><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'> Returning to our route 8 example, for several months both the eastbound and westbound vehicles have been detoured down 4<sup>th</sup> Avenue from Nuccio Parkway to 24<sup>th</sup> street before returning to 7<sup>th</sup> 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. <o:p></o:p></span></p><p class=MsoNormal><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'><o:p> </o:p></span></p><p class=MsoNormal><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'> 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 </span><a href="https://seeclickfix.com/web_portal/YfZk11CyDrGuxcaaZ2bbQjq9/report/category"><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif"'>https://seeclickfix.com/web_portal/YfZk11CyDrGuxcaaZ2bbQjq9/report/category</span></a><span class=MsoHyperlink><span style='font-size:10.5pt;font-family:"Helvetica","sans-serif"'> </span></span><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'><o:p></o:p></span></p><p class=MsoNormal><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'><o:p> </o:p></span></p><p class=MsoNormal><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'> 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<o:p></o:p></span></p><p class=MsoNormal><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'><o:p> </o:p></span></p><p class=MsoNormal><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'>Marion Gwizdala<o:p></o:p></span></p><p class=MsoNormal><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'><a href="mailto:Blind411@verizon.net">Blind411@verizon.net</a><o:p></o:p></span></p><p class=MsoNormal><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'> (813) 626-2789<o:p></o:p></span></p><p class=MsoNormal><u><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'><o:p><span style='text-decoration:none'> </span></o:p></span></u></p><p class=Notes style='line-height:normal;text-autospace:none'><span style='font-size:12.0pt;font-family:"Helvetica","sans-serif"'> 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.</span><span style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'> <span lang=EN><o:p></o:p></span></span></p><p class=MsoNormal><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'><o:p> </o:p></span></p><p class=MsoNormal><span lang=EN style='font-size:10.5pt;font-family:"Helvetica","sans-serif";color:#333333'><o:p> </o:p></span></p><p class=MsoNormal><o:p> </o:p></p><p class=MsoNormal><o:p> </o:p></p><p class=MsoNormal>Marion Gwizdala<o:p></o:p></p><p class=MsoNormal>(813) 626-2789<o:p></o:p></p><p class=MsoNormal>Marion.Gwizdala@verizon.net <o:p></o:p></p><p class=MsoNormal><o:p> </o:p></p></div></body></html>