East Bay Paratransit Consortium (EBPC), San Francisco, CA, 4-3-01

U.S. Department
of Transportation

    400 Seventh St. S.W.
    Washington, D.C. 20590

Federal Transit
April 3, 2001


Re: FTA Complaint No. 01-0055


Dear (Name Withheld):

This letter responds to your complaint against the East Bay Paratransit Consortium (EBPC) and potential noncompliance with Title II of the Americans with Disabilities Act of 1990 (the ADA) and/or the Department of Transportation's (DOT) implementing regulations at 49 CFR Parts 27, 37, and 38. The Federal Transit Administration (FTA) Office of Civil Rights is responsible for civil rights compliance and monitoring, which includes ensuring that providers of public transportation properly implement the ADA, the DOT ADA regulations, and Section 504 of the Rehabilitation Act of 1973.

In the FTA complaint investigation process, we analyze the complainant's allegations for possible ADA deficiencies by the transit provider. If we identify what may be a violation, we first attempt to provide technical assistance to address it by assisting the transit provider to comply with the ADA. If FTA cannot resolve apparent violations of the ADA or the DOT ADA regulations by voluntary means, formal enforcement proceedings may be initiated against the public transportation provider which may result in the termination of Federal funds. FTA also may refer the matter to the U.S. Department of Justice for enforcement.

Because of the limitation in resources, complaint investigations are conducted by telephone and written inquiry. In a few circumstances, where time and resources permit, investigations may be complemented by other means, such as compliance reviews or other on-site action. A finding of no violation of a particular allegation should be understood to apply specifically to the facts and circumstances at issue. Such a determination is not intended to express an opinion as to the overall ADA compliance of that transit property.

We understand your allegation to be as follows:

We informed EBPC of your allegation and requested information relating to your complaint; reviewed the information presented by EBPC and you; and made a determination on your allegation based on our analysis of the compiled information in relation to the DOT ADA regulations.

The DOT ADA regulation at 49 CFR 37.125(f) states that "The entity may require recertification of the eligibility of ADA paratransit eligible individuals at reasonable intervals." The Appendix at 49 CFR 37.125 offers guidance in saying:

The entity may certify eligibility at reasonable intervals to make sure that changed circumstances have not invalidated or changed the individual’s eligibility.

Often, persons who were at one time eligible for paratransit service no longer need ADA Complementary Paratransit service to the degree they once did because circumstances have changed—fixed route buses have become accessible or the person’s ability to travel on fixed route has improved—they no longer need paratransit service to the degree they once did.

Based on the above we find that EBPC acted in accordance with the DOT ADA regulation section 37.125, regarding the eligibility certification process, and that their actions were not discriminatory.

Thank you for bringing your concern to our attention. If you have any questions regarding this decision, please contact Roger Peralta, Equal Opportunity Specialist, at our toll free FTA ADA Assistance Line, 1-888-446-4511, or at his electronic mail address: roger.peralta@dot.gov.


Cheryl L. Hershey
ADA Group Leader
Office of Civil Rights