49 CFR Parts 37 and 38 -- Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments, Preamble

Comments

Generally, transit authority commenters believed that only the trip that was actually denied or missed—in the example, the first trip from Point A to Point B—should be counted as a denied or missed trip. Doing otherwise, they said, would unfairly exaggerate the performance problems of the operator. In addition, these commenters said, there might be cases in which operators, while unable to provide transportation from Point A to Point B, would be able to provide transportation from Point B to Point A later in the day, if the passenger had found an alternative way of getting to Point B. Moreover, some commenters said, there could be some situations in which it could be difficult to determine whether the denial of one trip led to the inability to take a subsequent trip, making the counting process problematic.

Disability community commenters, on the other hand, supported treating as denials foregone opportunities for subsequent trips resulting from denied or missed trips. Under the ADA, these commenters believe, eligible passengers are required to receive trips they request. If a denial of one trip makes a second requested trip impossible, then two opportunities to travel required by the regulation have been lost, and should be counted as such. Both trips should be counted as denied, lest paratransit operators evade accountability for their failure to provide required service.