1. Category:
Legislation and Regulation
Question:
Why did the FTA allow new charter service regulations to affect the way we get to sporting and cultural events?
Answer:
Thank you for your email expressing your interest and concern about the agency’s new Charter Service Regulation. FTA’s new regulation is mandated by Congress under 49 U.S.C. 5323(d). The newly revised rule was the product of a negotiated rulemaking that included small, medium, and large transit agencies from across the country. The negotiations took more than one year to complete, and the final result was a rule that FTA published in January 2008. Since Congress has mandated that transit agencies cannot perform charter service when there is a willing and able private charter provider, FTA has carried out that mandate through its new regulation.The regulation also allows transit agencies to focus on their core mission—providing high quality, timely, bus service—without sacrificing services riders expect from them on regular fixed routes.
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2. Category:
Legislation and Regulation
Question:
I drive a senior community transportation bus and we transport the handicapped. Some are in wheel chairs and some are using a "Mobility Scooter" which I find next to impossible to fasten down with a 4 point tie plus a seat belt. I feel that with the person sitting on a single stalk supporting the seat would be putting us in a bad position if an accident were to occur. What is you directive on this subject?
Answer:
his is addressed in 49 CFR Part 37 of the DOT's ADA regulation (http://www.access.gpo.gov/nara/cfr/waisidx_08/49cfr37_08.html), of which section 37.165 states: Sec. 37.165 Lift and securement use. (a) This section applies to public and private entities. (b) All common wheelchairs and their users shall be transported in the entity's vehicles or other conveyances. The entity is not required to permit wheelchairs to ride in places other than designated securement locations in the vehicle, where such locations exist. (c)(1) For vehicles complying with part 38 of this title, the entity shall use the securement system to secure wheelchairs as provided in that Part. (2) For other vehicles transporting individuals who use wheelchairs, the entity shall provide and use a securement system to ensure that the wheelchair remains within the securement area. (3) The entity may require that an individual permit his or her wheelchair to be secured. (d) The entity may not deny transportation to a wheelchair or its user on the ground that the device cannot be secured or restrained satisfactorily by the vehicle's securement system. (e) The entity may recommend to a user of a wheelchair that the individual transfer to a vehicle seat. The entity may not require the individual to transfer. "Common wheelchair," as defined in section 37.3 of the regulation, includes three- and four-wheeled scooters, manually- and electrically-powered. Given that all vehicle and securement equipment manufacturers have been aware of this requirement since 1990 and the use of four-wheeled mobility scooters, modern-day securement equipment is capable of handling scooters. We suggest that you read the manual or contact the securement equipment manufacturer regarding training in the proper way to secure your passengers, which is required by section 37.173 of the DOT's regulation, which states: "Each public or private entity which operates a fixed route or demand responsive system shall ensure that personnel are trained to proficiency, as appropriate to their duties, so that they operate vehicles and equipment safely and properly assist and treat individuals with disabilities who use the service in a respectful and courteous way, with appropriate attention to the difference among individuals with disabilities."
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3. Category:
Legislation and Regulation
Question:
Are there any FTA regulations regarding responding to emergencies such as floods, earthquakes, general evacuation of people?
Answer:
Yes - such service is permitted under FTA's Charter Service regulation, specifically, section 604.2(f). See http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title49/49cfr604_main_02.tpl. You should also familarize yourself with these FTA resources: http://www.fta.dot.gov/safetysecurity/12527_12593.html, http://bussafety.fta.dot.gov/show_resource.php?id=3341, and http://www.nap.edu/catalog.php?record_id=12445.
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4. Category:
Legislation and Regulation
Question:
Is there a FTA safety regulation limiting the number of oxygen tanks a rider can transport in a vehicle purchased with 5310 support? I have been told one, but with no supporting documentation and cannot find the answer on your website. Thanks in advance!
Answer:
The DOT's ADA regulation on the carriage of oxygen tanks (49 CFR Part 37, section 37.167(h)) pertains to the transportation of oxygen for personal use. See http://www.fta.dot.gov/civilrights/ada/civil_rights_3906.html. Carriage of amounts in excess of this threshhold would subject the transportation provider to the Department of Transportation regulations on the transportation of hazardous materials (see, 49 CFR subtitle B, chapter 1, subchapter C). Operators that are asked to carry commercial amounts of oxygen should contact the DOT's Office of Hazardous Materials Transportation (202-366-0656) for assistance.
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5. Category:
Legislation and Regulation
Question:
I have a question concerning the ADA 49 CFR 38 regulation for buses. I would like to know if we need to add a sound signal when the ramp is deploying.
Answer:
Although the threshhold warning signal is not among the list of accessibility equipment in 49 CFR Part 38, it is considered safety equipment required under NHTSA's Federal Motor Vehicle Safety Standards (FMVSS), specifically FMVSS Standard #403, which can be found at 49 CFR section 571.403 (see: http://www.gpo.gov/fdsys/pkg/CFR-2010-title49-vol6/pdf/CFR-2010-title49-vol6-sec571-403.pdf).
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6. Category:
Legislation and Regulation
Question:
I have a question concerning the ADA 49 CFR 38 regulation for buses. I would like to know if we need to add a sound signal when the ramp is deploying.
Answer:
Although the threshhold warning signal is not among the list of accessibility equipment in 49 CFR Part 38, it is considered safety equipment required under NHTSA's Federal Motor Vehicle Safety Standards (FMVSS), specifically FMVSS Standard #403, which can be found at 49 CFR section 571.403 (see: http://www.gpo.gov/fdsys/pkg/CFR-2010-title49-vol6/pdf/CFR-2010-title49-vol6-sec571-403.pdf).
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7. Category:
Legislation and Regulation
Question:
What is the federal requirements for equipping FTA funded transit passenger vehicles with fire extinguishers to comply with either FTA or OHSA safety provisions? Please reply as soon as possilble. Thanks
Answer:
All commercial motor vehicles (as defined by 49 CFR 383.5) must be equipped with a fire extinguisher meeting the requirements in 49 CFR 393.95(a). Operators must maintain and inspect each extinguisher as required by 29 CFR 1910.157. The specific regulatory language can be viewed and downloaded via the electronic Federal Register: http://www.gpoaccess.gov/ecfr/.
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