United Community Action Program, Inc.

ADA Policy

United Community Action Program, Inc.
Cimarron Public Transit System
(Accepted August 24, 2010)
(Revised May 21, 2013)
(Revised November 17, 2015)

 It is the goal of Cimarron Public Transit System, through its (demand response) rural public transit service, to design, implement and maintain an efficient and effective transportation system for persons with disabilities. Cimarron Public Transit System works to ensure nondiscriminatory transportation in support of the Federal Transit Administration’s mission to enhance the social and economic quality of life for all Americans.

 It is the policy of Cimarron Public Transit System to abide by all provisions of the Americans With Disabilities Act (ADA) of 1990, Section 504 of the Rehabilitation Act of 1973 and US Department of Transportation (DOT) implementation regulation found at 49 CFR Parts 27, 37 and 38 as amended, in the delivery of transit services that are open to the public and prohibits discrimination on the basis of disability and sets specific requirements that transit agencies must follow.

ADA Requirements
  Equivalent Service
 Cimarron Public Transit System provides demand response rural public transportation and provides equivalent service to individuals with disabilities, that is consistent with DOT ADA 49 CFR Part 37.77.   This transportation will be provided in the most integrated setting appropriate to the needs of the individual and will be equivalent to the service provided other individuals with respect to:
 Response time; Fares; Geographic area of service; Hours and days of service; Restrictions or priorities based on trip purpose; Availability of information and reservations capability; Any constraints on capacity or availability;

 General Service Requirements
A. Training
 Cimarron Public Transit System shall ensure that personnel are trained to proficiency, as appropriate to their duties, so that they operate vehicles and equipment safely and properly assist and treat individuals with disabilities who use the service in a respectful and courteous way, with appropriate attention to the differences among individuals with disabilities.

B. Service Animals
Cimarron Public Transit System shall permit service animals to accompany individuals with disabilities in vehicles and facilities. Under the Americans with Disabilities Act of 1990, a service animal is defined as “any guide dog, signal dog, or other animal that is individually trained to do work or perform tasks for an individual with a disability, including, but not limited to, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. 49CFR37.3

Control of the service animal is the responsibility of the animals’ partner.  Any animal out of control will not be transported.  If an animal’s behavior creates a hazard or direct threat, the accountability for damages or injuries shall remain with the person responsible for the animal.

Service animals should sit or lie on the floor.  Animals should not occupy a passenger seat, and should not block the passenger aisle.

C. Transporting of Wheelchairs

Wheelchair Definition. A wheelchair is defined in Section 37.3 as "a mobility aid belonging to any class of three-or more-wheeled devices, usable indoors, designed or modified for and used by individuals with mobility impairments, whether operated manually or powered."

 Cimarron Public Transit System will accommodate mobility devices.  Three or more wheeled devices, usable indoors, designed or modified for and used by individuals with mobility impairments, whether operated manually or powered, will be accommodated as long as the lift or ramp can accommodate the size and weight of the wheelchair and its user and there is space for the wheelchair on the vehicle.  Mobility devices will not be transported if they are inconsistent with legitimate safety requirements. 

D. Wheelchair Securement  
Section 38.23(d) of the DOT’s ADA regulation requires all ADA compliant vehicles to have a two-part securement system:  One to secure the mobility device and a seatbelt and shoulder harness for the wheelchair user (such seat belts and shoulder harnesses shall not be used in lieu of a device which secures the wheelchair or mobility aid itself.)

The securement system shall limit the movement of an occupied wheelchair or mobility aid to no more than 2 inches in any direction under normal vehicle operating conditions. 49CFR 38(d)(5)

It is recommended that power chairs and scooters be turned to the “OFF” position once on the lift platform and while the lift is in operation.

ll wheelchairs must be secured to the floor of the vehicle using the securement equipment.

  Lift Deployment
  Passengers will be permitted to use a lift or ramp to board or disembark from a vehicle at any designated stop, unless the lift or ramp cannot be deployed, the lift or ramp will be damaged if it is deployed, or temporary conditions preclude the safe use of the stop by all passengers.  Standees should stand in the center of the platform facing the direction of travel.  If capable, the passenger should hold both handrails when on the platform.

 IV. Passenger Responsibilities
All passengers must be able to sit in a bus seat or wheelchair in order to be transported.

b.All passengers on the vehicle are required to wear seat belts to include lap and shoulder belts. Therefore, persons in wheelchairs will also be required to be secured. Persons who, for medical reasons, are unable to wear a safety belt may request exemptions. To apply for this exemption, the person must submit a written application to the Commissioner of the Oklahoma Department of Public Safety requesting an exemption, including written verification from their physician attesting to the need for the exemption. If the request is approved, a special notation will be placed on the person's driver license to indicate the exemption from the safety belt law.

c.Cimarron Public Transit System will deny service to any individual who engages in violent, illegal conduct.

d.If a passenger's physical condition or conduct is hazardous, or whose behavior is seriously disruptive and/or a direct threat to others, service will be denied. 

e.The passenger will be notified of his/her right to appeal the denial of service and Cimarron Public Transit System will hear the appeal as soon as reasonably possible.

V.  Driver Responsibilities

 a.Drivers are responsible for loading and unloading passengers.

b.Drivers are not permitted to enter a passenger’s home under any circumstance.

c.Drivers are not permitted to maneuver a wheelchair up or down more than one step.  This rule is provided for the safety of the passenger and the driver.

d.Drivers are not permitted to lift passengers.

e.Drivers will help passengers take lightweight items off the vehicle and set them on the curb.  If additional assistance is required, this assistance may be rendered on a case-by-case basis.

VI.Personal Care Attendants & Companions

a.Personal Care Attendants (PCA’s) are not required.  If a PCA accompanies a passenger, the PCA will ride free of charge.

b.A companion (e.g., friend or family member) is not considered a personal care attendant unless the eligible individual regularly makes use of a personal care attendant and the companion is actually acting in that capacity.
c.During the reservation process, an individual must indicate whether he/she will be traveling with a personal care attendant.  If someone does not indicate the use of an attendant, then any individual accompanying him/her would be regarded as a companion.

 VII.     Accessible Communication

a.Cimarron Public Transit System is committed to providing information about its services, policies and procedures to the public in accessible formats for persons with disabilities.

b.Cimarron Public Transit System shall provide a TTY number (or make use of an operator-assisted RELAY service) so that persons with hearing or speech impairments may communicate with and receive information from Cimarron Public Transit System staff.

VIII. Reasonable Modification
Cimarron Public Transit System will review and make reasonable modifications/accommodations to policies, practices and procedures when such modifications are necessary to avoid discrimination on the basis of disability or to provide program accessibility to their services, on a case-by-case basis, subject to three limitations. (49 CFR Parts 27 and 37) to ensure program accessibility, subject to several exceptions.

Limitations, ie. valid grounds for denial of a "reasonable modification" request, which apply to both advance requests and on-the-spot requests, are as follows:
  • Granting the request would fundamentally alter the nature of services, programs, or activities. (Part 37.169c(1))
  • Granting the request would create a direct threat to the health or safety of others. (Part 37.169c(2))
  • The requested modification would not be necessary to allow the passenger to fully use the services for their intended purpose. (Part 37.169c(3))
  • Granting the request would create an undue financial or administrative burden. (Section 27.7(e))
Passengers with a disability can make a request verbally by communicating with the dispatcher or in writing. passengers with a disability are not required to use specific verbiage when making requests for an accommodation. Requests for a reasonable modification/accommodation should be communicated to the dispatcher at the time a trips is scheduled. In most instances, unless the request falls under one of the above exceptions, the trip will be scheduled and the driver will attempt to honor the request. If at the point of contact (pick up) the driver determines that the reasonable modification/accommodation will fall under one of the above limitations, the driver will communicate the denial to the passenger and dispatcher. The passenger will be asked to contact the dispatcher for further communication regarding the denial.

If the request for a reasonable modification/accommodation is submitted to Cimarron Public Transit System in writing, the request will be considered and a determination made within ten (10) business days.

IX.   Public Involvement

a.Cimarron Public Transit System will provide on-going mechanisms in accessible formats to involve the public in decisions regarding its accessible services, proposed service changes, proposed fare increases, policies and procedures, and other similar topics.

Contact Person
Any questions regarding this policy or any other aspect of Cimarron Public Transit System ADA policy should be addressed to the following transit system representative.

Name:  Laura Corff
Title:  Transit Director
Address:  2101  N. 14th Street, Suite 129
                Ponca City, OK  74601
Telephone Number:  580-718-0444
Email:  lcorff@ucapinc.org

Applicant/Denial of Services Appeal Procedures 

  • It shall be the policy of United Community Action Program,Inc. to ensure equal access to services.
  • Anyone may have the right to file formal application for services or resources upon request.
  • Applicants will be granted services upon meeting qualifications as required by program based upon availability of funds.
  • Applicants will receive timely approval or disapproval of assistance.
  • No one shall be denied assistance on the basis of race, color, gender, creed, religion, age, political preference familial status or disability.
Appeal Procedure:
1. Upon request, applicant shall receive written notification of appeal and appeal procedures including notices that:
a. All aggrieved parties shall be afforded a reasonable opportunity for a fair hearing.
b. The applicant or representative of the applicant shall have access to records relevant to the appeals process.
2. Should an applicant decide to appeal they must submit their intent in writing to the Project Director and Executive Director along with all information regarding the appeal. Appropriate documentation of income and other criteria may also be necessary.
3. The Executive Director, along with the Project Director or person in charge of the particular program, will review the criteria and initiate the appeals procedure within 10 days receipt of the notification of request to appeal.
4. The applicant shall be afforded an opportunity to have private and a confidential interviews pertaining to the case.
5. If the decision of the Project Director and Executive Director is not in favor of the person seeking services, and he/she still wishes to appeal, he/she may appeal to the Board of Directors.  The decision of the Board of Directors will be final at the local level.
6. If the person is not satisfied with the decision at the local level, he may appeal to the Department of Transportation. In such cases, United CAP and the appellant shall provide the funding source all relevant documentation.


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