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Americans With Disabilities Act Plan

Arrowhead Transit ADA Policy Overview

At Arrowhead Transit, we are committed to providing accessible and equitable transportation services for all individuals, including those with disabilities. In compliance with the Americans with Disabilities Act (ADA), we ensure that people with disabilities receive the same level of service as everyone else, with no discrimination.

Key Features

For a full PDF on our ADA policies, procedure, ADA Complaint Form; please refer to the full PDF version of the ADA Policy.

Learn More about Arrowhead Transit’s Americans With Disabilities Act Plan

ADA Complaint Form

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Explain as clearly as possible what happened and why you believe you were discriminated against.
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Arrowhead Transit’s American’s With Disabilities Act Policy

I. Introduction and Purpose

The Americans with Disabilities Act of 1990 (ADA) requires that individuals with disabilities receive the same level of service as non-disabled individuals. Services that are “separate but equal” are not acceptable. Section 504 prohibits discrimination on the basis of disability in any program or activity receiving Federal financial assistance.

This ADA policy is written to establish operating and service guidelines and procedures for the implementation of the requirements of the Americans with Disabilities Act of 1990 (ADA), the U.S. Department of Transportation (U.S. DOT) regulations for implementing ADA (49 CFR Parts 27, 37 and 38), and any applicable state laws and regulations. Arrowhead Transit operates a demand-response service and complies with ADA requirements with respect to such services.

ADA Policy Statement

It is the policy of Arrowhead Transit to comply with all the legal requirements of federal and state laws and regulations as they pertain to individuals with disabilities. If state laws and federal regulations are contradictory, the federal ADA regulations prevail. The transit system provides quality transportation services without discrimination against all people, including individuals with disabilities. Discrimination on the basis of disability against any person by transit system employees will not be condoned or tolerated.

Goals: Service is provided in a manner that meets the following goals:

Applicability: This policy applies to all transit system employees, services, facilities, and vehicles. It applies equally to all people needing and/or using the services provided by the system.

Definitions:

II. General Guidance and Procedures for Implementing Policy

Recruitment and Employment

As stated in Arrowhead Transit system’s personnel policies, the agency is an Equal Opportunity Employer (EOE) and fully complies with ADA in its recruitment, hiring, and continued employment practices.

Facility and Vehicle Accessibility:

The transit system administrative facility and vehicles shall meet or exceed the requirements of 49 CFR Parts 27, 37 and 38 and requirements of the State of Minnesota. If state requirements do not meet federal requirements, the federal ADA regulations prevail. All vehicles purchased route deviation and demand response service will be accessible.

Vehicle and Route Assignment

All demand response vehicles operated by Arrowhead Transit are accessible and persons with disabilities, including wheelchair users, can board any vehicle.

Maintenance of Accessible Features

Accessibility features on vehicles, including lifts, and wheelchair securement devices, will be maintained in operative condition. The preventive maintenance program of Arrowhead Transit provides for regular and frequent maintenance checks of these features as well as preventive maintenance as recommended by the equipment manufacturers. In addition, the lift must be cycled as part of each pre-trip inspection.

Inoperative Lifts

Drivers are required to report lift failures immediately. Vehicles with inoperative lifts will be removed from service and replaced with an accessible vehicle until the inoperative lift is repaired.

Wheelchair Accommodation

All accessible vehicles meet or exceed the requirements of 49 CFR Part 38. Transportation providers are required to carry a wheelchair and its user, if the lift can accommodate the size and weight of the wheelchair and its user, and there is space in the securement area for the wheelchair on the vehicle without blocking the aisle. If a vehicle lift and securement area can accommodate a wheelchair (or other mobility device), Arrowhead Transit will transport the device (and its user).

An individual who uses a wheelchair that, when occupied, exceeds the weight rating of the vehicle lift will be offered the opportunity to board and disembark from the vehicle separately from the wheelchair. However, transit agency personnel are not permitted to operate a passenger’s wheelchair (i.e., a motorized wheelchair). The individual may travel with another individual who can assist with operating the unoccupied wheelchair to maneuver it on and off the lift.

Boarding

Drivers and scheduling practices will provide adequate time for a passenger with a disability to board the vehicle and/or disembark, which includes adjusting the schedule if necessary and waiting for passengers to be seated before moving the vehicle. Only a properly trained transit system employee can operate the lift and secure the wheelchair in the securement station. Passengers may board facing toward or away from the vehicle.

Wheelchair Securement

Arrowhead Transit requires that all wheelchairs be secured with a minimum of four securements positioned with two on the front and two on the back. Drivers should not allow a passenger to ride if they are not secured properly unless the securement system will not accommodate the wheelchair. Drivers cannot deny a passenger a ride based on the inability to secure the wheelchair unless legitimate safety requirements cannot be met. However, drivers must warn the passengers of the danger of riding in a non-secured wheelchair. Passengers who refuse to allow their wheelchairs to be secured may be denied service.

Securement of wheelchairs is the responsibility of the driver. Drivers are trained in the proper operation of all securement equipment based on the equipment manufacturer’s specifications. Drivers will listen to and respect riders’ instructions on how to secure their equipment. Drivers cannot be expected to be familiar with each and every wheelchair type that may come on board, and securement attachment points may differ by wheelchair manufacturer. The rider may be in the best position to instruct the driver on how to properly secure their mobility device.

If the securement system is not compatible with the wheelchair the passenger is using, the driver will still make an attempt to safely secure the wheelchair. If the wheelchair cannot be secured because of the wheelchair design, the passenger still has the right to ride in the vehicle. A report will be made to dispatch and management upon return to home base.

Drivers must secure wheelchairs in the designated securement area only, even if the passenger wants their mobility device to be secured in a non-designated area. The wheelchair is not allowed to block the aisle.

In cases where an individual using a wheelchair attempts to board and requires use of a securement location that is currently occupied by another passenger that is not using a wheelchair, the driver will ask that passenger to allow the individual using a wheelchair to use the securement position.

Seat Belt Usage

When riding in an Arrowhead Transit vehicle, seat belts and shoulder harnesses are required for ALL passengers. Seat belt requirement under Minnesota State Statutes 169.686, a properly adjusted and fastened seat belt, including both the shoulder and lap belt when the vehicle is so equipped, shall be worn by the driver and passengers. Arrowhead Transit has available seatbelt extenders, should a passenger require or request.

If a passenger refuses to use the seatbelt, the driver will wait 3 minutes to give the passenger the opportunity to secure themselves. After 3 minutes have passed, the driver will notify dispatch that a passenger has refused the use of the seatbelt and follow instructions from dispatch. A report will be made in greater detail when the driver returns to home base.

Driver Assistance

Drivers will make themselves available to assist individuals with disabilities and will assist upon request of the passenger. Drivers will assist a passenger with using the lift and/or securement systems using the accessibility-related equipment and features on their vehicles. It is the policy of Arrowhead Transit that all wheelchairs be secured by the 4-point floor system to anchor the wheelchair to the floor. It is mandatory that all passengers are secured with seat belts. To ensure the comfort, safety, and dignity of passengers using mobility devices during boarding and deboarding, all staff must adhere to specific guidelines. Staff should always approach passengers from the front to ensure they are aware of their presence. It is essential to introduce oneself before making any physical contact with the passenger’s mobility device. Clear communication is vital; staff must inform passengers of their actions in advance, particularly when loading them onto lifts or assisting with their mobility devices. Additionally, staff should position themselves in a way that always prioritizes the passenger’s comfort and safety. Before making any physical contact with a passenger or their mobility device, it is crucial to obtain their consent. To support these practices, staff will receive training, and the policy will be reviewed annually to ensure its effectiveness and compliance with the best practices.

Use of Lift by Individuals Not Using a Mobility Device

The driver will deploy the lift for any individual, with or without a disability, who is not using a mobility device to board or alight the vehicle upon request.

Accommodation of Other Mobility Devices

Mobility devices that are not wheelchairs, but which are primarily designed for use by individuals with mobility impairments, will be accommodated to the extent that the ADA-compliant lift and securement areas can safely do so. However, these devices are the responsibility of the individual passenger and must be secured in a manner that does not interfere with the safe operation of the vehicles and the transport of other passengers.

Transfer to Fixed Seating

All passengers using wheelchairs or mobility devices that are not wheelchairs have an option of transferring to fixed seating once on board the vehicles. Drivers may recommend, but never require, wheelchair users to transfer to fixed seating. No waivers are allowed to be required.

Accommodation of Portable Oxygen

Individuals are allowed to travel with respirators and portable oxygen supplies on board, consistent with applicable U.S. DOT rules on the transportation of hazardous materials in 49 CFR Subtitle B, Chapter 1, Subchapter C.

Priority Seating

Except for the wheelchair securement stations, the transit system does not require any passenger to sit in designated seating. Priority seating for seniors and individuals with disabilities is to be designated by permanent signage in each vehicle. In cases where an individual with a disability requests use of priority seating that is currently occupied by another passenger, the driver will ask that passenger to move so as to allow the individual with a disability use of the priority seating. In cases where a wheelchair user requires the use of a securement location, the driver will ask any passenger (including other passengers with disabilities) to vacate the securement location.

Service Animals

In compliance with 49 CFR Part 37, the transit system allows trained service animals to accompany passengers with disabilities. The driver will not ask for proof of the qualifications of the animal but may ask only the following questions: if the animal is a service animal required because of a disability and what tasks the animal has been trained to perform.

Arrowhead Transit does not impose species or breed restrictions. However, any animal which is not under the passenger’s control, or which becomes a direct threat to the health or safety of other passengers may be restricted from riding, and the service animal must not block the walkway or cause a trip hazard.

Emotional support animals or “comfort animals” are not service animals within the context of the US DOT ADA regulations. Emotional support or crime deterrent animals are not defined as service animals for transportation purposes under the Adults with Disabilities Act.

Alighting

It is the responsibility of the driver to determine that the location for passenger alighting is safe. For drivers to determine safe locations for pick up and drop off, ramps and wheelchair paths must be clear of snow, ice, parked cars, trash and other obstructions. For fixed route and demand response services, the driver will allow a passenger who uses the lift to alight at any stop, unless the lift cannot be deployed, will be damaged if deployed, or conditions at the stop would present unsafe conditions for all passengers. Only the driver will unsecure the wheelchair and operate the lift to return the passenger to the ground level.

Staff Training

All drivers and transit system staff are trained to proficiency in use of accessibility equipment, the operating policies related to each of the service requirements described, and in properly and respectfully assisting and treating individuals with disabilities with sensitivity. Mechanics are also trained to properly maintain lifts and other accessibility equipment.

Rider Information

All printed informational materials are made available in accessible formats upon request, for example, large print for individuals with low vision or audio for blind individuals, as well as accessible electronic formats.

All language assistance services provided by Arrowhead Transit during public engagement or community outreach will be recorded on the Language Service / Public Participation Log. Microsoft Teams allows for real time closed caption translations during a Teams meeting or live event. Meeting organizers may provide upon request information to attendees at the beginning of the meeting or live event on tools to use translated closed captions information. Minnesota OHS staff also have local access to sign language interpreter services. If in need of other interpreter services, staff can request assistance from other community action organizations within our network.

Additional tools utilized by our staff include Teletypewriter (TTY), which allows clients and staff to send typed messages across phone lines, and Telecommunication Relay Service (TRS), which allows staff to talk to people who have difficulty hearing or speaking on the telephone. Several staff also utilize Ubi Duo, a communication device that breaks barriers for deaf and hard of hearing individuals, allowing for translation of speech to text.

TTY/TRS

711 – translates speech to text for those that are hard of hearing.
Dialog One – translation and interpretation.
Career Force locations can effectively communicate and serve individuals with disabilities who come into the Career Force locations. There is text to speech software, the ability to increase the font size on computers.
Language Line – MN.IT oversees the Language Line accounts. (DEED)
Pocket Talker – Assistance for the hard of hearing customers.
Ubi Duo – Communication device to break barriers for deaf and hard of hearing individuals – text to talk device.

Personal Care Attendants

Under the ADA, an agency cannot require a passenger to have a personal care attendant (PCA). If a PCA accompanies a passenger, the PCA will ride free of charge. A family member or friend is not considered a PCA, unless that individual is acting in that capacity.

Stop Announcements

Arrowhead Transit operates a deviated route service. As such, stop announcements and route identification announcements are made at transfer points, major intersections, destination points, intervals along the route sufficient to orient passengers to their location, and any stop request as is required.

Systems that operate a deviated route will: Train drivers to verbally make stop and route identification announcements in a clear and concise manner in order to adequately assist clients who may have a disability that prevents them from otherwise recognizing stops and/or routes.

Complaint Procedure

All complaints of discrimination on the basis of disability will be forwarded to the Transit Manager for prompt and objective investigation. In addition, Arrowhead Transit will submit all complaints received within 10 days, to the MnDOT Office of Transit and Active Transportation (OTAT) Compliance Coordinator, at which time further investigation occurs to determine the extent of the complaint and under which class. OTAT will provide the transit system with a written response to the complaint, and any actions required, in a timely manner.

Arrowhead Transit will promptly communicate its response to the complainant’s allegations, including its reasons for the response, to the complainant. The response will be documented. Internal corrective actions may include specialized training for staff, corrective processes or procedures, or disciplinary action will be taken for behavior prohibited by this policy, up to and including termination of employment.

Documentation of each complaint will be kept on file for a minimum of one year, and a summary of all complaints will be kept for at least five years. This meets DOT regulations that require FTA grantees to maintain all complaints of noncompliance with 49 CFR Part 27 for one year, and a record of all such complaints, which is permitted to be in summary form, for five years.

Arrowhead Transit’s American’s With Disabilities Act Procedure

Background

The Americans with Disabilities Act of 1990 (ADA), provides protection that no individual with a disability shall on the basis of disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any federally funded program, service, or activity.

Arrowhead Transit is committed to providing non-discriminatory service to ensure that no person is excluded from participation in, or denied the benefits of, or subjected to discrimination in the receipt of its services by providing protection that no individual with a disability shall on the basis of disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination as stated in the Americans with Disabilities Act of 1990 (ADA).

If you feel that you have been discriminated against, please provide the following necessary information to facilitate the processing of your complaint. If assistance is required to complete the form, or if you have questions, please do not hesitate to call the ADA Coordinator at 218-735-6807.  

Once completed, return a signed and dated copy to:

Brandon Nurmi, Transit Director
702 3rd Avenue South Virginia, MN 55792

Note: The following information is necessary to assist us in processing your complaint. Should you require any assistance in completing this form, please call 218-735-6807

All Arrowhead Transit buses are in compliance with the ADA and equipped with wheelchair lifts.
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