Transportation Systems Casebook/Disability Transport & TNO's

Summary

Disability transport seems to be an ongoing issue in transportation. The disabled population relies heavily on public transportation and Transportation Network Operators (TNOs). Although para transit services have improved over the recent years, those with extreme mobility limitations are still unable to receive equitable service. Routine tasks that require minimal or no planning from an able bodied individual, become a hardship for people with limited mobility. According to FTA regulations, taxi companies are required to outfit their company owned fleets to be wheelchair accessible. However, Transportation Network Companies (TNCs) such as Uber and Lyft, are exempt from this regulation due to the fact that vehicles used for service are not company owned.

List of Actors

Uber

An innovative ride-sharing service that allows for customers to request a “taxi-like” service from the push of a button on their personal phones.

Lyft

A ride sharing application offering rides in minutes.

Persons with disabilities

People with disabilities, physical or mental, who request rides using taxis, Lyft or Uber platforms.

District of Columbia Taxicab Commission Accessibility Advisory Committee

Advises the DC Taxi Cab Commission on how to make taxicab service in the District more accessible for individuals with disabilities. Under the DC Taxi Act, the Committee was tasked with producing a comprehensive report and making recommendations to the Mayor and to the Council on issues regarding accessible taxi service.

U.S. Access Board

A federal agency that promotes equality for people with disabilities through leadership in accessible design and the development of accessibility guidelines and standards for the built environment, transportation, communication, medical diagnostic equipment, and information technology.

Yellow Cab Company of DC

Yellow Cab Company of D.C. is a family owned and operated business serving the Washington Metropolitan area since 1931 and provides Wheelchair Accessible taxicab services.

Royal Taxi of DC

Pioneered Wheelchair Accessible Taxi service in Washington DC; starting with the Roll DC pilot program which began January 2010. Royal Cab was awarded new ramp-equipped taxi vehicles as part of the pilot project. All vehicles are now available for service.

Blue Top Cab of Arlington, VA

Specializes in transporting special-needs passengers. Their accounts include the Virginia Department of Medical Assistance Services, the Virginia Department of Rehabilitative Services, the Virginia Department for the Visually Handicapped, the Arlington County Community Services Board, the Arlington County Department of Human Services and the Arlington Chapter of the American Red Cross.

Friendly Cab of Arlington, VA

Provides 24 hours a day, 7 days a week, 365 days a year at your service. Serving in this area for last 70 years.

Red Top Cab of Arlington, VA

Provides local and airport transportation 24 hours a day, 7 days a week. Red Top offers wheelchair accessible taxicabs.

City of Alexandria's DOT Paratransit Program

The City of Alexandria's specialized transportation service for residents of the City of Alexandria and visitors who cannot use regular transit buses or rail due to their disability.

Specialized Transit for Arlington Residents (STAR)

A shared ride paratransit service intended to provide a comparable level of transportation as provided by ART, Metrobus and Metrorail.

TransportDC

A program in Washington, DC which allows MetroAccess users to use participating taxicabs for a fee of $5 with only a half-hour notice needed. The program has recently been downsized to only allow unlimited rides during the first half of each month.

Washington Metropolitan Area Transit Authority (WMATA)

Top provider of Washington, DC public transportation. Operator of the MetroAccess program for disabled persons in the Washington, DC metro area.

Timeline of Events

July 1964 - Civil Rights Act of 1964

July 1990 – Americans with Disabilities Act of 1990

June 2010 – Uber launched in San Francisco as a black car service

December 2011 – Uber expansion into the DC, Maryland, and Northern Virginia area

April 2012 – UberX, Uber’s most popular and cheaper option launched

June 2012-Lyft is launched in San Francisco

August 2014 – UberWAV piloted in some areas, DC not included

October 2014-Lyft allowed to operate in D.C.

February 2015 – National Federation for the Blind v. Uber Technologies

February 2015-Legislation legally allows Lyft to operate in VA

July 2015-Lyft approved to operate in NYC

December 2015 – UberTAXI with Wheelchair option launched in DC

June 2016 – WMATA begins SafeTrack program

July 2016 – TransportDC runs low on funding for FY16

October 2016 – TransportDC relaunches with new restrictions

Policy Issues

Federal Laws & Regulations

Americans with Disabilities Act (ADA)

Title III (28 U.S.C. §36.201)

“No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.”

National Federation for the Blind v. Uber Technologies

National Federation for the Blind v. Uber Technologies stated that Uber violated Title III of the ADA. Uber, for federal purposes, was now considered a public transportation accommodation.

FTA Regulations

Federal Transit Administration governing laws regarding public vehicles offering rides to the public. Section 37.77. This states that if a vehicle is used to provide transportation services, then the vehicle must be readily accessible to and usable by individuals with disabilities including those in wheelchairs.

State & Local Laws

Virginia, Maryland, and the District of Columbia all consider Uber separate from the taxicab industry and more of a technology company that provides transportation services . The Commonwealth of Virginia does not permit local governments to regulate Transportation Network Companies (TNCs).

Taxis

Accessible Taxis

Although taxi services for the disabled population has improved over the last 10 years, accessibility issues remain in the Washington DC metro areas that prevent this demographic from enjoying the freedom of movement that others do. According to David Capozzi Executive, Director of the U.S. Access Board, as much as 10 percent of the customer base for taxi service consists of people with a disability affecting mobility, hearing, vision, thinking and other physical and mental processes. Disabled customers are two times more likely to not have available taxi service than non-disabled. There simply are not enough wheelchair accessible vehicles (WAVs) available. According to the District of Columbia Taxicab Commission Accessibility Advisory Committee, 2015 Annual Report, in Washington DC, the number of wheelchair accessible vehicles (WAVs) in the past year has increased from 20 to a little over 100 (roughly 1.5% of the accessible taxi fleet). This is a significant increase, but there is still work to be done. The District is not alone, according to the National Council on Disability, “the lack of wheelchair-accessible taxi service is one of the most important transportation issues for people with disabilities in the United States." There is availability of WAV taxis however trips must be planned and coordinated in advance and they do not accommodate the vast range of disabilities. For example, most WAVs cannot transport large wheelchairs with peripheral equipment attached. Additionally, taxicabs that are sedans are not required to be wheelchair accessible. Government recognizes the need for more WAV taxis and has developed policy to address it. Under the DC Taxi Act of 2012, each taxi company with 20 or more taxicabs in its fleet as of July 1, 2012, will be required to dedicate a portion of its fleet to wheelchair accessible taxis: 6 percent by December 31, 2014; 12 percent by December 31, 2016; and 20 percent by December 31, 2018. The following information provides WAV options in the Washington DC, Arlington and Alexandria city areas.

Washington D.C. Wheelchair-Accessible Taxis:

Requesting an Accessible Taxicab:

According to Washington DC's City office, there are two taxicab companies in the District - Royal Cab and Yellow Cab - that have wheelchair accessible taxicabs as part of its fleet. The limited number of D.C. accessible taxicabs are ADA-compliant and designed for standard-sized power wheelchairs and standard-sized scooters. Learn more about how to request an accessible taxicab, or to read frequently asked questions about the accessible taxicabs.

To reserve a trip on a wheelchair accessible taxi vehicle, you have the following options:

1. Call one of the two taxi companies that offer accessible taxis in DC:
   • Royal Taxi: 202-398-0500
   • Yellow Paratransit: 202-544-1213
2. Reserve a taxi online at:
   • Royal Taxi: http://www.dctaxionline.com/ (Note: Be sure to select "Wheelchair accessible")
   • Yellow Paratransit: http://www.orderyellowcab.com/ (Note: request a wheelchair accessible cab by selecting the Add Special Options drop down menu)

The cities of Alexandria and Arlington Virginia offer similar accessible WAV services as Washington DC. They are utilizing a combination of federal funds, tax credits, incentives, and governmental requirements to support and increase the number of accessible public VFHs.

Alexandria and Arlington, Virginia Wheelchair-Accessible Taxis:

Taxicab companies serving Arlington have wheelchair-accessible vehicles. Passengers are encouraged to call ahead whenever possible; cabs may be requested in advance. The fare is set at the meter rate. Call the individual cab company for information or to arrange for service. Companies other than the ones listed below may also have accessible cabs.

• Blue Top Cab: 703-243-8294

• Friendly Cab: 703-892-4144
• Red Top Cab: 703-522-3333, 703-522-3331 (TTY)

Specialized Transit for Arlington Residents (STAR) is the paratransit component of Arlington Transit – ART. ART provides public fixed route bus services in Arlington County. STAR serves Arlington residents who have difficulty using public fixed route transit due to the effects of age or disability.

STAR Business and scheduling office (Call Center): 703-892-TRIP (703-892-8747)

• Press “1” for reservation, cancellations, and trip information.
• Press “2” for administration dept.

TDD (Virginia Relay Center): 711

Web: www.ArlingtonSTAR.com

Alexandria's DOT offers transportation service for residents of the City of Alexandria and visitors who are disabled. Contact the Paratransit Coordinator at 703-746-4079 to arrange complementary paratransit service. Trips are provided by taxicabs and wheelchair accessible vans. DOT provides service throughout the City of Alexandria, City of Falls Church, Arlington County, Fairfax County and Fairfax City.

Alexandria DOT Service Operates seven days a week during the following times:

• Monday - Thursday: 5:30 a.m. to Midnight
• Friday - 5:30am to 3:00am
• Saturday - 6:30am to 3:00am
• Sunday - 7:00am to Midnight

Arlington, Virginia Taxicab Discounts for Disabled customers:

Companies other than the ones listed below may have discounts available.

• Blue Top Cab: offers a discount to passengers 55+ who request the discount from the driver at the time of the trip.
• Red Top Cab: sells coupon books at a 10% discount.
• Arlington Yellow Cab: sells coupon books at a 10% discount.

One of the most convenient means for passengers to arrange for a WAV is using a smartphone application.

Report Taxicab Discrimination

Examples of discrimination include refusal of service to:

• An individual with a service animal;
• An individual with a collapsible wheelchair that fits into a car trunk;
• A passenger because of the requested destination within the District;
• Potential passengers because of their race or national origin; and
• Potential passengers because of their sexual orientation or gender identity.

To report discrimination of a Washington DC Taxi visit: http://dcforms.dc.gov/webform/dc-taxi-and-vehicle-hire-complaint-form

To report discrimination of an Alexandria or Arlington, Virginia Taxi you must file a Consumer Complaint at:

• Alexandria - https://apps.alexandriava.gov/IntakeQuestionnaire/Default.aspx
• Arlington - https://topics.arlingtonva.us/human-rights/complaints/ada-grievance-form/

Complaints can also be submitted using one of the following options

By Mail:

Department of Motor Vehicles

Motor Carrier Services (TNC)

P.O. Box 27412

Richmond, Virginia 23269-0001

Via Fax:

804-367-1003

By Email:

mcsonline@dmv.virginia.gov

Over the Telephone:

804-249-5130

Uber

Overview

Over the past few years, paratransit services in the DC region have had service issues due to increased usage in the area. At the same time, new Transportation Network Companies, such as Uber, have emerged on the market. While these systems are being used for taxi services, they do not consider themselves taxi companies . Therefore, typical regulations that involve taxicabs do not apply. This especially affected people with disabilities since these TNCs did not feel like they needed to comply with the Americans with Disabilities Act (ADA).

Before TNCs in DC

In the past, disabled persons in the Washington, DC metropolitan region were mainly constrained by WMATA services (MetroRail, MetroBus, and MetroAccess) or local public transit (Fairfax Connecter, DASH, CUE, etc.) along with the limited service times. With regards to the regular public transportation options, if an individual did not live near the current fixed route, there was no way for them to utilize these options. MetroAccess was able to complement this system by allowing those who live within .75 miles of a fixed-service operated by WMATA to have door-to-door service. Still those outside of the service-region are unable to receive ample transportation service without using a taxicab company. Leaving most disabled persons with a large bill for transportation.

TransportDC

In order to compensate for the limitations by public transit services, the District of Columbia Department of For-Hire Vehicles in cooperation with Capital Cab and Yellow Cab, created the TransportDC program. This program allows for MetroAccess users to use taxicab services for a fee of only $5 one-way. The major benefit of the TransportDC program is that it allows for MetroAccess users to request transport without 24 hour notice and the service is available all hours of the day. Due to the increase in popularity, funding for TransportDC began to run out in the 2016 fiscal year. In order to reduce the chance for future funding issues, new restrictions were put on the Transport DC program:

“As of October 1, 2016 Transport DC offers customers transportation to and from any location in the District with no restrictions during the first half of the month ending on the 15th of the month. For the second half of the month, booking requests would be granted solely based on availability and rides would be limited to medical and employment destinations.”

These new restrictions once again make it hard for people with disabilities to get around the city.

The Uber Innovation

With options continuing to dwindle for disabled persons, many look to TNCs to fill the void. The problem that arose with this was that Uber drivers were not trained on how to help those who are disabled and some even were not in compliance with the ADA laws. Since the company viewed itself as a technology company, Uber considered itself exempt from having to comply with ADA laws. This changed in 2015 when a federal court case in California ruled that Uber is a public accommodation, therefore subject to the ADA. In order to comply with ADA laws and after much criticism from the public, Uber expressed that they will have trained drivers that understand the ADA and all drivers will accept service dogs as well as collapsible wheelchairs. Uber also now offers users the possibility to ask for wheelchair accessible vehicles. This offer comes in the form of two options, UberWAV and UberTAXI Wheelchair. UberWAV is a program launched in some areas in the country and allows for users will accessibility needs to order a wheelchair accessible vehicle at a cost comparable to the inexpensive UberX rate. UberTAXI is an option where Uber has contracted out UberWAV-like service to a local taxicab company. This is not as cheap as the UberWAV program since the individual is paying the taxi company rate as well as a booking fee charged by Uber.

Issues Still Remain

For those in Washington, DC, UberWAV is still not an option since the city is not included in the current program. Therefore, those who would like to request an Uber and require a wheelchair accessible vehicle, need to pay the higher cost through UberTAXI. Not only is this extremely high priced, but wait times have the possibility of exceeding 20 minutes. For those outside of Washington, DC, such as Northern Virginia and Maryland, wheelchair accessible vehicles are not even an option through UberTAXI. Therefore, if you are traveling into Washington, DC, you must rely on the current systems in place. Recently, with WMATA’s SafeTrack program, this has become even more of a problem, as MetroRail service has become unreliable and further affecting people with disabilities.

Lyft

Overview

The technology of Lyft is considered to be technologically advanced, by offering rides with a push of a button. However, the ability to provide rides to the disabled is not as accessible as rides to the non disabled population. Although federal and state regulations mandate public transportation companies to provide wheelchair accessible vehicles, Lyft, as a company, does not own their cars, so they are able to bypass these laws and regulations.

Wheelchairs

The ride share phone application, Lyft, states they provide rides in minutes, wherever you’re headed. However, what about providing rides to people with disabilities? Are they offered rides in minutes, or can their ride become more complicated and time consuming? Looking at Lyft’s current internal disability policies will help determine if all people with disabilities are able to be serviced. The first disability policy mentioned on Lyft’s website regards wheelchairs, and the steps a Lyft driver must take when picking up a person in a wheelchair. Directly from the Lyft website’s anti-discrimination section, the following procedure must be executed: “It is Lyft’s policy that passengers who use wheelchairs (that can safely and securely fit in the car’s trunk or backseat without obstructing the driver’s view) should be reasonably accommodated by drivers on the Lyft platform. You, as a driver, should make every reasonable effort to transport the passenger and their wheelchair.” The section continues to state that a driver who refuses to transport passengers with lightweight wheelchairs, are at risk for being removed from the company. The words “reasonable effort” can be very subjective. Termination from the company is noted above if reasonable effort is not put forth, but there is no clear cut definition of what reasonable effort entails. What if a Lyft driver encounters a customer with a wheelchair that cannot fit properly in the trunk, or the customer is bound to an electric wheelchair?

Referring again, to the Lyft website regarding the policy for passengers with large wheelchairs that cannot be loaded securely in the car, the driver must make a reasonable effort, and if the passenger cannot be accommodated, the driver must cancel the trip, and call a number in which a Lyft customer service agent will reach out to the passenger with transportation resources in their area. The accessible resources in the Metropolitan area include: in Maryland, contacts in the Baltimore area: MTA Paratransit Program, and Action Taxi. In the District: Metro Access, Washington Flyer, and Yellow Cab Company. In Virginia, contacts in Virginia Beach that include: to register with the ADA, to schedule HRT, and Black and White Cabs. If a customer in a wheelchair cannot be accommodated by Lyft and the trip has to be cancelled, after the Lyft representative reaches out to the customer with other options, the customer is responsible for contacting these alternative transportation services on their own.

Non Discrimination

The Americans with Disabilities Act, ADA, was signed into effect in 1990, to ensure anybody with a disability will not be discriminated against, and have the same opportunities as those without disabilities. With the introduction of the ADA all people, including disabled persons, are legally required to be treated equally.

In an article published by Fortune regarding the discrimination Lyft and Uber shows disabled people, an allegation claims that Uber and Lyft are being sued by disabled people. One woman in the article claims a Lyft driver left her on the curb, because her wheelchair wouldn’t fit in the car, and the driver did not provide her alternate transportation. This as noted above, is violation of the Lyft policy regarding wheelchairs. The Lyft driver who responded to this client did not have a vehicle outfitted for wheelchair use.

Service Animals

What about customers with service animals/guide dogs? Unlike certain wheelchairs, guide dogs/service animals cannot be folded and placed in the trunk of a car. The policy from the Lyft website states that a driver must comply with local, federal and state laws regarding service animals. Additionally, denying a ride due to the service animal will result in the suspension from Lyft. The Lyft policy continues to state that if a driver picks up a person with a service animal, and current client(s) in the car feel uncomfortable, or are allergic to animals, they must cancel their trip and request another Lyft driver.

“According to the ADA, a service animal is defined as a dog to perform work or tasks for individual people." The ADA also states the following, ”Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals.” When using Lyft, a "pool" can be requested to minimize costs, and share the car with other passengers who are heading in the same direction. If a Lyft driver encounters a client with a service animal, and a current client in the car is allergic or has a fear of animals, the Lyft driver must cancel the trip for the client with the service animal. This is not in violation of the ADA if the Lyft driver requests another Lyft car to pick up the passenger with the service animal. Other than a "pool" situation, the Lyft driver would normally not have customers already in the car when picking up customers.

Looking to the Future

In an article written by Roland Renzik, with Smart Chair, a wheelchair company for children, Roland points out the fact that Uber and Lyft are taking steps to assist those in wheelchairs by offering handicapped accessible vehicles. The article continues to state that clients who need wheelchair accessible vehicles, are urged to call Lyft 24 hours in advance. Furthermore, the article outlines cities where wheelchair accessible rides are possible. In Virginia, the only city where this service is offered is Virginia Beach. Wheelchair accessible vehicles are offered in the District of Columbia, and Baltimore, Maryland. Although these cities are limited, Lyft is taking strides to offer more handicapped accessible vehicles.

Continuing Issues

Although transportation for the disabled seems to be getting more recognition, not all Lyft cars are outfitted to accommodate persons in wheelchairs. People who are not in wheelchairs do not need to make arrangements with Lyft 24 hours in advance, and many people in wheelchairs feel this is unfair and unjust. Outfitting more Lyft vehicles with handicapped and wheelchair accessibility, will enable more disabled people to be offered services at just the push of a button.

Discussion Questions

1. When you have used Taxi, Uber, or Lyft, have you ever been in a handicap accessible vehicle?
2. When you have used Taxi, Uber, or Lyft, have you stopped to pick up another rider that is disabled?
3. Have you ever not used Taxi, Uber, or Lyft based on the fact that you have been with a disabled person?
4. Have you ever seen a person not able to use Taxi, Uber, or Lyft, due to a disability?
5. Do you believe that TNCs (Uber & Lyft) would be able to have their own fleet of WAVs without employing local Taxi companies?
6. With Taxi companies losing market share to TNCs, how will those who are disabled be able to get to the places they need to go without the use of Taxis?

Additional Readings

1. Vock, Daniel C., September 2, 2015, Governing the States and Localities, Disabled in DC: How Taxis and Uber Might Be Worsening the Paratransit Problem. Found here

2. District of Columbia Taxicab Commission Accessibility Advisory Committee, Annual Report on Accessible Vehicle for Hire Service, September 30, 2015. Found here

3. Accessible Transportation Options, Washington Metropolitan Area Transit. 2011. WMATA.COM. July. Accessed October 2016. Found here

4. Virginia, Fairfax County. 2016. Transportation Guide to Northern Virginia for People with Disabilities . Accessed October 2016. Found here

5. Government, Arlington County. n.d. Aging and Disability. Accessed October 2016. Found here