[NFBF-Melbourne] FW: [NFBF-L] A Commentary concerning Announcements on Fixed Route Systems

Wed Sep 4 01:05:56 UTC 2019

MSCC Members: 

Please read the below post from a leader in the National Federation of the
Blind. I have known Marion for some time and find him to be extremely
knowledgeable about transportation and the providers' responsibilities. I
have discussed various points of interest with him regarding transit and our
rights as disabled passengers. 

Thanks,
Camille 

-----Original Message-----
From: NFBF-L <nfbf-l-bounces at nfbnet.org> On Behalf Of Marion Gwizdala via
NFBF-L
Sent: Tuesday, September 3, 2019 8:32 PM
To: NFB of Florida Internet Mailing List <nfbf-l at nfbnet.org>; NFBF leaders
list <nfbf-leaders at nfbnet.org>; NFB of Florida Tampa Chapter List
<nfbf-tampa at nfbnet.org>
Cc: Marion Gwizdala <marion.gwizdala at verizon.net>; 'Marion Gwizdala'
<blind411 at verizon.net>
Subject: [NFBF-L] A Commentary concerning Announcements on Fixed Route
Systems

Dear Federation Family,

                The ADA Coordinator for the City of Tampa asked me to write
a commentary about announcements on fixed route systems as an instructional
piece for other public transit patrons. Following is this commentary to help
everyone understand these regulations and how they should be implemented. If
you have any questions, please feel free to contact me by phone or email. My
contact information is below the piece that follows.

Fraternally yours,

Marion Gwizdala

                As an individual who is blind and a frequent traveler on
public transit, as well as a leader in the National Federation of the Blind,
the oldest and largest organization of any disabled consumer group in the
United States, I have been asked to provide a commentary on the Federal
Transit Administration's implementing regulations concerning announcements
on fixed route systems and the practical application of these regulations by
Hillsborough Area Regional Transit (HART). This information is provided as
informal guidance only and should not be construed as legal advice. Though
this information applies to all entities providing fixed route services, 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 protocol can be used as a model to comply with  the implementing
regulations concerning announcements on 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, and points of interest. This regulation also
has a stated purpose which is "to permit individuals with visual impairments
or other disabilities to be oriented to their location." 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 specific, 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 order to better understand the minimum requirements of
this regulation, let me share with you its practical application 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
more than one hour in each direction. 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 several announcements in
order to comply with the requirement to announce "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."

                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.

            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 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 an automated system in which 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, along
the Marion Transitway, or Britton Plaza Transfer Center, to name a few,
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.

            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 trigger the proper announcements. 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 does not always ensure complying with the spirit of the
regulations. 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.

            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, 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. 

            HART promises 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 and the accompanying penalties. Such penalties can only be
imposed when an infraction is observed by a supervisor or an official
monitor. To report noncompliance with the requirement 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.
Working together, we can improve transportation options in Hillsborough
County.

            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 me. 

                        Marion Gwizdala

                        (813) 626-2789

                        Marion.Gwizdala at verizon.net

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