Promoting, Dignity, Equality and Self-Determination

Washington Protection & Advocacy System

Home ׀ About WPAS ׀ News ׀ Self-Advocacy ׀ Public Policy ׀ Publications ׀ Contact WPAS
E-Mail Updates ׀ Support WPAS ׀ Search

Eligibility for Paratransit Services

Date: September, 2001

Prepared by: Phil Jordan

What is paratransit service?

The Americans with Disabilities Act (ADA) requires that all public organizations that provide public transportation must also provide "paratransit." The prefix "para" means "closely resembling" or "alongside of," thus the term paratransit means transit that closely resembles, or operates in combination with an existing transit system. A paratransit system that complies with the ADA provides transportation for people with disabilities who are unable to use the regular, fixed route transit service that serves their region. These paratransit services must be available in the same service areas and during the same hours of operation as the rest of the transit system.

The transit provider must provide application forms for any individual who wishes to apply for paratransit services and must process the application within three weeks. Transit providers do not establish their own rules for who is eligible and who is not - the ADA provides the eligibility rules that transit systems must follow. Paratransit is a civil right and not a special service provided by a transit system.

Paratransit eligibility is granted an individual with disabilities for any trip s/he would be unable to make on the available, fixed route transit system. Some individuals might be eligible for paratransit services on all trips they make. Other people might be eligible only for certain trips, under certain circumstances.

An individual can become eligible for paratransit services under any of the following circumstances:

1. an individual is unable (due to her or his impairment) to board, ride, or disembark from an accessible transit system. In this circumstance, the individual would be paratransit eligible for all trips that s/he makes.

2. an individual can ride accessible transit, but such transit is not available. The individual would be eligible for all trips where accessible transit is not available.

3. an individual’s disability prevents her or him from getting to or from the transit stop. Architectural barriers and/or environmental conditions may allow an individual to be eligible for certain trips. Two examples of how this might affect eligibility are given below.

Examples

"Mary" uses a wheelchair and the buses in her city are wheelchair accessible.  She regularly takes one bus route to work and another to visit her friend.  There are curb cuts on the street leading to the bus stop that takes her to work, but not on the streets leading to the bus stop that goes to her friend's house.  Mary would be eligible for paratransit services when she visits her friend, but not going to work.  

"John" has a health condition that makes is difficult for him to walk long distances.  The bus stop near his home is less than one half mile away, and he is able to walk that distance in pleasant weather.  When it gets hot outside, however, John tires much more quickly, and is unable to make it to the bus stop safely.  John would be eligible for paratransit services when the temperature became too hot for him to walk to the bus stop.  

Are there other rules that affect whether or not I am eligible for paratransit?

There are quite a lot of rules that may affect your eligibility for paratransit. One of regulations that you should be aware of is sometimes called the "¾ mile rule." Remember that paratransit operates ‘alongside of’ the existing transit system. The ¾ mile rule states that the transit provider only has to provide paratransit service in a corridor that extends ¾ of a mile on either side of existing transit routes. This means that in order to be eligible to receive paratransit service you usually must start and end your trip within ¾ of a mile of an existing transit route.

There is an exception to the ¾ mile rule that may be to your advantage. If you are more than ¾ mile from a fixed transit route, but you are within the transit authority’s system of routes, you may be eligible for paratransit services. In order for this exception to apply, you must be completely surrounded by the transit authority’s fixed routes, and your trip must begin and end within the core service area of the transit system.

Some transit providers offer paratransit service outside of the ¾ mile limit. Be sure to ask your transit authority about their local rules.
 

How do I apply for paratransit service?

Contact your local transit authority and ask for the ADA/paratransit coordinator. In some cases you may be able to contact the transit authority by e-mail. The transit authority will send you an application form. If you require the form in an alternative format, they will provide it for you in the format you need.

When filling out the application form, provide as much information as you can. Describe, in as much detail as possible, how your disability prevents you from using the transit services that are available in your area. Use examples that will explain why you should be eligible for paratransit.

Provide all the documentation that the application asks for – it is common for applications to be denied when information is missing, so provide as much information as you can. Most applications ask for a report from a doctor, so be sure to include a letter from a physician that explains how your disability affects you. A letter from your case manager (if you have one) may be an excellent way to demonstrate your eligibility. School records that provide evidence of your disability may also help explain why you should be eligible for paratransit.

I don’t look like I have a disability. Will that make it more difficult to be declared eligible?

If your "invisible" disability prevents you from making a trip on the fixed transit route, the transit provider should find you eligible for paratransit services. Unfortunately, many people with psychiatric or other invisible disabilities have had difficulty being declared eligible. When filling out the application form you should be sure to provide documentation that your disability prevents you from using the fixed route transit that is in your area. Below are some examples of documentation that may be helpful:

Should I fill out an application if my local transit service is fully accessible?

Even if you can ride the transit in your area because it is fully accessible, you should consider applying anyway. This could be important for you, because when visiting friends or family in other areas of the state or country that are not fully accessible, you may want to use paratransit services there. Your paratransit eligibility will allow you to use services wherever they are available in the United States.

How long will I have to wait before I know if my application has been approved?

The ADA requires that the transit authority must notify you of the outcome of your application within 21 days. If, for any reason, it takes them longer than that to process your application, three weeks from the day that you applied you will be eligible to use the local paratransit services until they finish processing the application. This is called "presumptive eligibility." If this happens to you, after the 21 days have passed you should contact the transit provider and ask to be declared presumptively eligible for paratransit services.

Is my Personal Assistant eligible to ride with me? What about a friend or family member?

An individual who uses paratransit services may always ride with a companion, if when calling to arrange the ride, space is reserved for both the eligible individual and the companion. The companion may be a friend, a family member, or a personal assistant. If a personal assistant is accompanying the eligible individual, one other friend or family member must be allowed to travel, too (if space was reserved beforehand). They may ride even if this means that there is less room for other eligible individuals. Additional friends or companions may also ride if space is available.

Personal assistants always ride free. Friends or family members pay the same fare as the eligible individual. In order for a personal assistant to ride free, the person who is eligible for paratransit service must have applied for, and been approved by the transit authority, as being eligible to use the services of a personal assistant. If the transit authority agrees that you may use a personal assistant, you may then choose anyone to be your personal assistant on any given trip. The personal assistant does not need a paratransit certificate or card of her or his own.

 

Can I use paratransit service when I visit friends or family in other cities or states?

Yes! Once your application is approved, the transit authority will send you a card or certificate stating under what conditions or situations you are eligible for paratransit services. When you are in other cities that have fixed route transit systems, you will be eligible to use that transit authority’s paratransit services.

When visiting other areas, remember to call the local transit authority for details as to how their system works. They are only required to provide paratransit services along the same routes covered by their local fixed route transit system, during normal hours of operation. The conditions that limit your paratransit eligibility in your home area also apply to any area you are visiting.

The fares you pay for paratransit services, how you reserve a ride, and rules about personal assistants and companions may vary somewhat in different transit systems. When visiting, be sure to ask what the local rules are.

What happens if my application for paratransit service eligibility is denied?

When the transit provider notifies you that your application has been denied they must give you specific reasons why, and they must do it in writing. If you believe that they made a mistake in their reasoning, you should contact them right away. In some cases, your application may have been denied because your application didn’t have all the information that the transit provider needed to make a decision. They may change their minds if you can explain to them why you are unable to use the regular fixed route transit system.

If, however, the transit provider continues to say that you are not eligible for paratransit services, you may appeal their decision. The transit provider must have a process that allows you to appeal. They will usually provide you information on how to appeal when they notify you that your application is denied. If they fail to do this, however, contact them and ask for the information.

If you want to appeal, don’t put it off too long. You must tell the transit authority that you are appealing within 60 days from the time you received their decision. The appeal board cannot be made up of the same people who denied your application, and they must make a decision within 30 days from the time you filed your appeal.

What should I do if I am declared eligible for only some of the paratransit services that I need?

You may appeal any decision that limits your access to paratransit services. The transit authority must provide you with written reasons why you were declared ineligible for any level of paratransit services. The process for appealing partial eligibility is the same as if you were denied any eligibility.

If I do appeal, will I need a lawyer?

In most cases, you will be able to represent yourself or have a friend or family member assist you. If you feel comfortable talking to the members of the appeal board, you can represent yourself. If you would rather have someone else speak for you, choose someone who is familiar with you and your disability.

How should I prepare for my appeal?

If you don’t understand the rationale used in the original decision to deny your application, ask someone who does. When you prepare your appeal, it is important that you understand the specific reasons the transit provider gave for denying your application. Your task is to convince the appeals board that the reasoning used to deny your application was faulty. Be prepared to talk about each reason that was given by the transit provider when they denied your application.

If the transit authority did not provide specific reasons why you were denied paratransit eligibility, or if they provided reasons that were vague or unclear, contact the transit authority immediately. Tell them that you intend to file an appeal, and that the reasons they provided in their denial of eligibility are unclear. Politely, but firmly request that they clarify, in writing, why you were denied paratransit eligibility. The transit authority may or may not agree to provide you with more specific information.

In some cases, you may have been denied paratransit eligibility because the transit provider didn’t have enough documentation about how your disability prevents you from riding the fixed route transit system. If this is the case, before you have your appeal hearing, be sure to get letters and documents that explain how you are affected by your disability. It may take a few weeks to get letters from a doctor or records that contain this information. Start gathering these documents as soon as possible.

    Back To Top Of Page

Want to know more about paratransit?  Try these links!  Easter Seals "Project Action", or ADA Info-Net.  

Washington has a council dedicated to promoting the coordination of transportation for people with special transportation needs.  Visit the site for the Agency Council on Coordinated Transportation (ACCT).  

Below are links to transit authorities in Washington state:

Your area not listed?  Try the Project Action database!

This publication is an information service of the Washington Protection & Advocacy System (WPAS). It provides general information only and should not be used as legal advice for any specific situation. If you would like more information about this topic, call us and ask for a Resource Advocate. 

To receive this document in an alternative format, such as large print or Braille, please call Washington Protection & Advocacy System (WPAS) at 1-800-562-2702.

WPAS is a member of the National Disability Rights Network
A substantial portion of the WPAS budget is federally funded.

    Back To Top Of Page

Home ׀ About WPAS ׀ News ׀ Self-Advocacy ׀ Public Policy ׀ Publications ׀ Contact WPAS
E-Mail Updates ׀ Support WPAS ׀ Search

Washington Protection & Advocacy System
315 - Fifth Avenue South, Suite 850
Seattle, WA     98104
*Phone: (206) 324-1521 or in Washington State: (800) 562-2702
TTY:  (206) 957-0728 or in Washington State: (800) 905-0209
Fax: (206) 957-0729
*Interpreters Available in over 200 languages via AT&T Language Line
E-mail: wpas@wpas-rights.org
URL: http://www.wpas-rights.org