a.) The handrails and stanchions are extremely difficult for passengers to grasp from outside the vehicle while starting to board, and to continue their use throughout the boarding process, and not all handrails have cross-sectional diameters between 1 1/4 inches and 1 1/2 inches, as required by 49 C.F.R. § 38.155(a).
b.) Vehicle DD044 did not have two securement devices, as required by 49 C.F.R. § 38.159(a)(1).
c.) The transition from ramp to vehicle floor is not less than 1/2 inch, as required by 49 C.F.R. § 38.159(c)(3).
a.) Outline the procedures by which Megabus will ensure that persons with disabilities receive accessible transportation on the day and at the time and place requested (subject to vehicle capacity) within the meaning of the ADA, including same-day and walk-up service, where available.
b.) Identify the Megabus employees (with their job titles) responsible for implementing those procedures.
c.) At a minimum, these procedures shall include the following information:
i.) the procedures to be followed by Megabus, its employees, or contractors after it receives requests for accessible transportation on its web site, by telephone, or by other means;
ii.) the identification of the persons (with their job titles) that are responsible for ensuring that sufficient space is reserved on the appropriate vehicle for the trip requested;
iii.) the procedures used to notify customers with disabilities whether Megabus will provide the requested accessible service on the date and at the time and place requested;
vi.) the identification of the persons (with their job titles) responsible for ensuring that the wheelchair lift or ramp is properly maintained and operational, and that the keys to operate the lift or ramp are on the bus prior to leaving a pick-up location or station;
v.) the procedures and means by which Megabus will ensure that it maintains in operative condition those features of vehicles that are required to make the vehicles readily accessible to and usable by individuals with disabilities;
vi.) the procedures for safely assisting people on and off a wheelchair lift or ramp;
vii.) the procedures for properly securing a wheelchair on the bus;
viii.) the procedures for maintaining records of requests for accessible transportation;
ix.) the procedures for complying with FMCSA's reporting requirements; and
x.) the procedures for documenting and handling any accessibility-related complaints.
a.) Post a notice on its website indicating its obligation to provide accessible transportation to persons with disabilities, how to reserve accessible transportation, and that it does not discriminate on the basis of disability in the provision of its transportation services.
b.) Remove any language from its website which might be construed as requiring a 48 hour advance notice requirement for passengers with disabilities who use a wheelchair, scooter, or similar assistive device and need to remain in such device for their trip.
c.) Ensure that the website states clearly, until the requirements included in paragraph 33 have been fully implemented, that there is no booking fee for a person using a wheelchair, scooter, or similar assistive device to make a phone reservation.
d.) Ensure that the website reminds other passengers with disabilities (ambulatory passengers who cannot climb stairs, passengers with oxygen tanks, passengers with service animals, etc) that they do not need to call to book their trip, and that they may reserve online and ride as any other passenger.
e.) Update its website to include additional information under the "Passengers with Disabilities" link, such as a passenger's right to request an unscheduled rest stop on express runs of three hours or more, and the action a person may take if they believe that Megabus has denied them accessible transportation in violation of the ADA.
These notices shall be approved in advance by the United States and be posted for the duration of the Agreement.
AGREED AND CONSENTED TO:
Senior Vice President
Coach USA Inc.
349 First Street
Elizabeth, NJ 07206
THOMAS E. PEREZ
|__May 6, 2011______
|__May 16, 2011______|