SECTION 5.0 PASSENGERS AND THE PUBLIC

5.1 Attitude, Public Image, and Professionalism

A chief requirement of all employees is to maintain and exercise integrity, judgment, and good moral character when dealing with the public. Because MOTA deals directly with people from diverse races, religions, ages, and genders, employees must always display the highest standards of professional behavior. Members of the public draw conclusions about MOTA and its services from the way MOTA employees respond to their needs. Courteous, correct and informed performance by employees creates trust and support within the community for MOTA’s services. It also improves safety in MOTA’s operations. While interacting with a diverse public is always a challenge, it is expected that employees will deal with all passengers and members of the public according to the following guidelines.

1. Courtesy – All employees shall conduct themselves in a proper manner. Employees must never become involved in any gossip, off-color conversation, or jokes. Employees are a representative of MOTA and this community, and must not do or say anything that might discredit the employee, the organization, or the community. By avoiding the following behavior, employees can minimize passenger anxiety, and lessen the opportunity for disruption or confrontation:

a) Indifference: This is an attitude that reflects unconcern. Passengers want to assured that employees have their welfare in mind while they are riding on a MOTA vehicle.

b) Argumentative: An employee can be courteously factual in replies or explanations without being argumentative, scowling, scolding, or responding with criticizing remarks. If a passenger is being argumentative, politely advise them to call the office for assistance with their problems. Dissatisfied callers should be handled by a supervisor.

c) Ignoring questions: Passengers perceive this behavior as indifference. If an employee does not know the answer, request that the passenger call the office, or get the passenger’s name and number and pass it along to a supervisor.

d) Curt, inaccurate answers: First impressions are lasting impressions. Failure to provide complete, current, and accurate answers to passengers often results in a loss of that customer’s belief in the reliability of MOTA.

e) Rudeness or anger: This behavior usually involves frustration, misperception, misinformation or even professional or personal problems unrelated to the task at hand. Avoid confrontational behavior with traffic, pedestrians, and callers. Give them the benefit of the doubt. Be professional and courteous at all times.

f) Failure to provide safe and comfortable conditions for passenger entry and exit: Operators must consider the passengers’ physical condition, weather conditions, and environmental conditions at stopping locations, such as holes, weeds, low hanging limbs, mailboxes, trash receptacles, etc.

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2. Inappropriate Discussions/Unauthorized Solicitations/Interaction with Passengers

a) Expressions or discussions of personal, political, or religious views by employees are prohibited on MOTA vehicles. Solicitations of any nature (including religious or political) by employees are also prohibited. This includes distributing pamphlets or any other material that is not authorized by a supervisor.

b) Operators are advised that it is inappropriate and unprofessional to discuss local government business, personal opinions, or their own displeasure about MOTA services and requirements, with passengers. Passengers asking detailed questions or commenting about policy and procedure are to be referred to a supervisor for further information.

c) Operators are prohibited from any discussion or action with a passenger that could be misconstrued as having social or romantic overtures. It is completely inappropriate to initiate, respond to, or conduct any sort of social or romantic relationship with a passenger. Be polite, but professional at all times.

3. Confidentiality – The Michigan Mental Health Code and The Older Americans Act prohibit service providers from providing client information to other parties unless specifically authorized in writing by a client. These rules will apply universally to any and all customers or passengers of MOTA. Employees must always be cautious about inadvertently discussing any information regarding a passenger or service user. Failure to comply with this requirement may result in disciplinary action against an employee.

5.1.1 Operator Conduct

Operators must not allow friends or family to ride for the purpose of visiting, even though a fare is paid for each trip. Such visiting of friends and family while the operator is on the job can lead to non-attention and an increased possibility of an accident.

The use of profane or vulgar language, as well as abusive, indecent, or lewd conduct, is strictly prohibited while on duty, on MOTA property, or when wearing a MOTA uniform.

Operators may not smoke, eat or drink while operating a MOTA vehicle. Operators may eat or drink during break periods only. Operators may not use or consume any prohibited substances at any time while on duty, as defined in the MOTA Drug and Alcohol Policy. Smoking in any form through the use of tobacco products (pipes, cigars and cigarettes) or “vaping” with e-cigarettes is prohibited in the MOTA building or in any MOTA vehicle at any time.

Any personal items must be properly stored so as not to interfere with the safe operation of the MOTA vehicle.

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Employees who steal, embezzle, lose, misappropriate, or destroy property belonging to MOTA or other MOTA employees will face discipline up to and including discharge.

Breaks for any reason are to be taken by operators only with dispatch authorization. Break time will start when dispatch authorization has been received. Operators are to take the break in the immediate area in which they are located at the time a break is authorized, and are to return to work at the same location at the end of the authorized break. Operators are not to drive out of the area in which the break is authorized or deadhead to a preferred location without dispatch authorization, and will incur a tardy if more than the authorized break time is taken. Breaks are not to be taken when passengers are on board. When passengers are on board the vehicle must not be left unattended except in an emergency. An emergency is defined as any situation that requires immediate correction to avoid jeopardizing the health or safety of either the general public or MOTA personnel, that jeopardizes public or private property, or which risks the interruption of service.

5.1.2 Information to Passengers

Operators should make every effort to give clear information to passengers about streets, parks, public buildings, businesses, theaters, and other points of interest. Operators are required to announce designated stops requested by passengers. How operators handle strangers to the area, new riders passengers, and other persons not familiar with MOTA will determine whether these individuals choose to ride again. Operators should use good judgment and call the dispatcher at any time to get appropriate information if it appears the passenger may be stranded or greatly inconvenienced by not having correct information.

5.1.3 Guidelines for Passengers with Disabilities

Guidelines for passengers with any disability:

1. Treat passengers with disabilities with courtesy and respect.2. Use person-first language (e.g., person who uses a wheelchair instead of

wheelchair user).Give passengers with disabilities the same information and choices that are given to other passengers. Include accessibility information in passenger materials.

3. Never make assumptions about the abilities of a passenger.4. Ask passengers if they need assistance. If they say yes, ask them how to

properly assist.5. Do not touch the passenger or the mobility device without the permission of the

passenger.6. Speak directly to the passenger, not the companion of the passenger.7. Speak clearly with a normal tone and speed, unless the passenger requests

otherwise.8. When asked to repeat or write what was said, do so calmly and pleasantly.

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9. When necessary, calmly and pleasantly ask the passenger to repeat what was said.

Guidelines for passengers with hearing impairments:

1. Face passengers when speaking to them and don’t let objects obstruct the view.2. Speak in a normal tone of voice – speaking loudly distorts lip movement and

makes lip reading difficult.3. Be sure to notify the passenger of schedule changes or audible announcements.

Guidelines for passengers with vision disabilities:

1. Verbally offer identification and ask passengers how to properly assist them.2. Respond verbally when the passenger provides information to confirm that the

passenger has been heard correctly.3. Remember to announce the passenger’s stop.4. If handling a monetary transaction, count the passenger’s change out loud.

Guidelines for passengers who use mobility devices:

1. Ask passengers how to properly assist them.2. Mobility devices are part of the passenger’s personal space. Do not hold or lean

on them without the passenger’s permission.3. Assist the passenger in using the lift and securing the mobility device.4. If mobility aids need to be operated, make no assumptions; ask the passenger

how best to do so.5. Be aware of MOTA’s policy on mobility device securement.6. A passenger using a mobility device cannot be required to use a shoulder or lap

strap if it is not also a requirement for passengers who do not use a mobility device.

5.2 Passenger Procedures

5.2.1 Stopping for Passengers

Avoid injury to passengers and damage to the vehicle by keeping a safe distance from trees, poles, fireplugs, or other obstructions that may be near the curb line. Do not stop the vehicle so that it blocks crosswalks or intersections.

If for any reason a passenger misses their desired destination, do not argue about who is at fault. Simply apologize and contact the dispatcher for instructions.

5.2.2 Assisting Passengers Entering or Exiting the Vehicle

MOTA offers origin-to-destination service. This service includes curb-to-curb service as the standard service mode, with door-to-door service as needed to provide origin-to-

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destination service. An operator must assist passengers with disabilities who need or request assistance, including assistance with small packages, between the door of the passenger’s pick-up point and the door of the vehicle. Door-to-door service does not include lifting a passenger, going into a residence, taking a mobility device up or down steps, leaving a vehicle unattended for a lengthy period of time, or being out of sight of the vehicle.

An operator must assist passengers with disabilities who need or request assistance with the use of securement systems, ramps and lifts.  If this assistance requires the vehicle operator to leave the drivers’ seat, the operator must do so.  An operator must permit individuals with disabilities who do not use mobility devices, including standees, to use the vehicle lift or ramp to enter the vehicle.

Passengers with disabilities may travel with a personal care attendant. The personal care attendant will ride free. 5.2.3 Procedures for Passengers Using a Mobility Device

To load a passenger using a mobility device, observe the following procedure:

1. Position the vehicle curbside, or back into a driveway if absolutely necessary. Select the safest location for the vehicle with consideration for the safety of the passenger and the overall effect of the vehicle on traffic.

2. Open the lift doors, unfold the lift and lower the lift to the ground. Make sure it the lift is level. Do not lower the lift onto a slope.

3. Ask permission to check the brakes on the mobility device before positioning the mobility device on the lift. If the brakes are not functioning properly, inform the passenger and note the malfunction on the Daily Vehicle Inspection Report (DVIR), but the passenger still has the right to be transported.

4. Position the mobility device on lift so that the passenger is facing away from the vehicle.

5. Lock the wheels of the mobility device.6. Before raising the lift, make sure the hinged flap at the end of the lift is in the up

position.7. Stand off to one side on the ground while raising or lowering the lift. Do not ride

the lift with a passenger while raising or lowering the lift unless absolutely necessary.

8. Once the lift has been raised and is level with the vehicle floor, unlock the wheels of the mobility device.

9. Pull the mobility device into the bus.10.Position the mobility device and secure with four or more tie-downs, lap belt, and

shoulder strap as required or permitted by the Americans with Disabilities Act (ADA) standards. The mobility device must be secured to the vehicle, and the passenger in the mobility device should be secured to the vehicle. If the passenger refuses, or is unable, to wear the lap belt and/or the shoulder harness, the passenger still has the right to be transported. If the mobility device cannot be

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secured to the vehicle, the operator may not refuse to transport the mobility device, and the passenger still has the right to be transported.

11.Lock the wheels of the mobility device.12.Give the mobility device a gentle tug to be sure the tie-downs are secure and that

the mobility device does not move more than one (1) inch in any direction.13.Fold the lift and close the lift doors.

To unload a passenger using a mobility device, reverse the loading procedure.

Lift-equipped vehicle operators must be especially alert to the following driving tips:

1. Smooth starts and stops will help prevent riders with poor muscular control from experiencing discomfort, and will also help prevent passengers with a visual disability from being caught unaware by a sudden stop, and possibly thrown forward.

2. Slow, smooth turns, especially left hand turns, will help prevent passengers using a mobility device from being thrown from the mobility device, as well as helping to ensure overall passenger safety.

3. Avoiding bumps and bumpy routes if possible will help prevent passengers using a mobility device from being thrown from the mobility device, as well as helping to ensure overall passenger safety.

4. Defensive driving techniques will help avoid many accidents. The main way to improve defensive driving is to increase following distance. This helps the operator to make smooth stops, no matter what occurs in front of the vehicle. The operator of a lift-equipped vehicle must make every effort to establish a greater following distance than normal defensive driving would indicate.

5.2.4 Seating of Passengers

Priority seats (usually located near the front of the bus) are reserved for persons with disabilities and senior citizens under Federal law.  If the passenger is a senior citizen, pregnant, or has a disability, and wishes to sit in a priority seat, but finds that the area is occupied by other passenger, the operator will ask those passengers if they would be willing to relocate. All other passengers are expected to yield priority seats to people with disabilities, senior citizens, and expecting parents.

Operators may not require a passenger sitting in a priority seat to move.   This is because the passenger sitting in the priority seat may be elderly or have a hidden disability they do not wish to disclose.  Examples of hidden disabilities may include:

1. Chronic pain.2. Difficulty walking.3. Limited vision, whether or not the customer uses a white cane to travel.4. Intellectual disabilities.5. Psychiatric disabilities.

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If no priority seating is available, the operator will either find another place for the passenger to sit or will inform the passenger that they are unable to accommodate the request. If the passenger is unable to be accommodated, the operator is required to call dispatch and report the issue.

Operators may not assign seats to contract passengers without approval from the Executive Director. Operators may not assign seats to non-contract passengers at any time.

5.2.5 Standing Room

Passengers must be seated if space is available. Passengers are permitted to stand when no seating is available and they are not a contract client. At the discretion of the operator, up to half of the vehicle’s seating capacity may be allowed to stand if necessary seating capacity is unavailable.

5.2.6 Transporting Life Support Equipment

The ADA requires that public transportation providers “shall not prohibit an individual with a disability from traveling with a respirator or portable oxygen supply, consistent with applicable Department of Transportation rules on the transportation of hazardous rules (49 CFR 37.167(h)”. It is the intent of MOTA to allow passengers with disabilities to travel with respirators, portable oxygen tanks and other necessary life support equipment, but this can only be permitted if such provision follows safe procedures that will ensure the protection of passengers and employees.

Because oxygen tanks are potential fire hazards, and necessary life support equipment may cause injury to the passenger or others if not properly secured, the following procedures will be followed when transporting passenger life support equipment on MOTA vehicles.

1. A portable oxygen tank or intravenous (IV) stand will only be transported when it is medically necessary for the passenger.

2. Passengers may board the vehicle with no more than one (1) portable oxygen tank.

3. The portable oxygen tank may not exceed 15 pounds in total weight; 29 inches in total height; and 4 inches in diameter.

4. Operators will inspect any portable oxygen tank before a passenger may board the vehicle. Defective, leaking, or otherwise unsafe or unfit tanks will not be allowed on the vehicle.

5. Portable oxygen tanks must be turned off when not in use; and the oxygen mask must be secured to the user’s face when in operation.

6. Operators will secure oxygen tanks and intravenous (IV) stands in an upright position using a securement belt or system approved cargo belt.

7. Precautions will be taken to avoid pinching or kinking any oxygen line.

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8. Oxygen tanks may be secured in an unoccupied area away from the sidewall of the bus; to an aisle-side seat back; or other areas designated by management.

9. Passengers who wear or carry portable oxygen tanks shall be encouraged to wear the seat belt and/or shoulder harness provided.

5.2.7 Service Animals and Pets

In compliance with the ADA, service animals will be allowed on the vehicle under the control of the passenger. Service animals are not considered pets under the ADA. The U.S. Department of Transportation (USDOT) defines a service animal as “any guide dog, signal dog, or other animal individually trained to work or perform tasks for an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing animal protection or rescue work, pulling a wheelchair, or fetching dropped items.”

When interacting with passengers who travel with service animals, the operator should never touch or talk to the service animal – it is working. Also, while some service animals wear identification like a tag, vest, or special harness, special identification is not required. The operator may ask if an animal is a service animal or ask what tasks the animal has been trained to perform, but the operator cannot require special identification for the animal or ask about the passenger’s disability. If a passengers specifically asserts that an animal with them is a service animal, the operator is to consider the animal a service animal without question.

All other animals must be in a box, cage or carrier on the passenger’s lap or on the floor at the passenger’s feet. There will be no fare for service animals or pets. With the exception of service animals, no animals or birds other than domesticated pets will be allowed on MOTA vehicles.

5.3 Security Principles

Maintaining order and security on a transit bus is an important responsibility for an operator. It can also be a difficult task that must be carried out in addition to the primary duty of correctly and safely operating the vehicle. Without passenger cooperation, the vehicle environment can become hazardous and a management problem. The need in these circumstances is to both understand and relate to the passengers being served, and know how to encourage their support so that potential conflict and disruptions are avoided. The following tips and guidelines are designed to help the operator with the task of maintaining order and promoting safety on the vehicle.

1. Most disputes arise out of misunderstanding and the way a passenger is addressed by the operator. The passenger may be unaware of the procedures for riding the bus, either formal procedures or the informal procedures that the operator expects. Because the passenger may not know what to do, it is necessary to give the passenger the benefit of the doubt and assume they really do not know. Address passengers calmly, respectfully and in a relaxed manner.

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This means that the operator must be tolerant and patient and explain the proper procedure without being irritated, aloof or acting in a rude manner, even though the operator is truly irritated.

2. Passengers will resist being told what to do. Rather than telling a passenger to do something, phrase the request in the form of a choice, or question. Let the passenger make the next move. Asking questions is far less provocative than telling or commanding.

3. Passengers will test operators. Some passengers will test the operator to see if they can get away with something. It is important, when being tested, to stay in control, to be consistent, and to respond without losing patience.

4. Touching a passenger can lead to a fight or lawsuit. Never touch a passenger. If a passenger refuses to comply with a request, contact the dispatcher. Be aware of a potential sexual harassment or assault charge.

5. A trapped passenger is a dangerous passenger. In a dispute, be sure the doors are open. The objective is to maintain order, and protect passengers, not apprehend offenders. If the doors are closed, the passenger may get violent in an effort to get out. Do not close the doors on a fleeing passenger. This could also lead to violence. Notice identifying characteristics and write them down if possible.

6. The dispatchers only know what operators tell them. The dispatcher is never at the disturbance. Therefore, it is important to convey information about the situation as accurately as possible so the dispatcher can take appropriate action. Remember that the emotional level of the dispatcher will, appropriately, be different.

7. Never challenge a person with a weapon. Comply with all instructions of an armed passenger. The safety of the operator and the passengers depends on it.

8. Security is maintained through consistency. Most people will go along with a rule if they think it is fair. Consistent and uniform application of all rules and regulations encourages compliance.

9. Some distasteful behaviors must be accepted. Although an operator may not like occasional body odor, the popping of chewing gum, or loud conversation, there is nothing illegal about these activities. An operator cannot refuse service nor eject passengers for all activities that the operator finds offensive. There are times that a situation must be accepted until the passenger gets off the bus. Putting passengers off the bus involuntarily can lead to lawsuits.

5.4 Vehicle Environment

5.4.1 Cleanliness

Operators are responsible for picking up large, loose debris that has been left on the bus by passengers. (e.g., paper bags, pop can, bottles, newspapers, etc.). Operators are responsible for notifying the dispatcher if an in-service vehicle is in need of cleaning due to a serious cleanliness problem or health hazard.

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5.4.2 Articles, Packages and Baggage

Articles, packages, or baggage which, because of their size, would restrict free movement of passengers or are dangerous or offensive to other passengers are not permitted on vehicles. Any article or package that is permitted on the vehicle must not be placed where it will interfere with the operation of the vehicle or with any other passenger.

Employees will not be responsible for any article left on the bus except to see that the proper rules are observed regarding the disposition of lost articles upon finding them.

Under no circumstances will passengers on the vehicle be allowed to carry gasoline or any flammable fluid.

Baby strollers or carriages may be transported. Because of the danger to the child, operators must not attempt to load or unload a stroller/carriage with a baby in it. Under no circumstances should a baby be allowed to ride in a stroller/carriage while on the vehicle. In appropriate situations, the operator may choose to use available child restraint seating.

5.4.3 Aisles and Steps

Passenger slips and falls on system vehicles are a major cause of injury in the bus transit industry. These result in added liability and often considerable expense for systems which incur these losses. This problem occurs when vehicle aisles and steps are not cleared during inclement weather, if trash and debris is left on floors, if securement belts are not properly stored after use, or if aisle and stair surfaces are obstructed. For senior citizens and those with disabilities these obstacles pose serious challenges. Operators are required to help reduce this risk by employing the following procedures.

1. Ensure that the vehicle interior is clean and unobstructed during each pre-trip inspection.

2. Keep the aisle and stairs clear of all debris and trash while in revenue service.3. All mobility device and/or life support securement belts are to be properly stored

and off the vehicle floor when not in use.4. No passenger packages, baggage or articles are to be placed in the aisle or on an

aisle seat. Such items are not allowed if they restrict passenger movement or are dangerous or offensive to other passengers.

5. The number of packages or baggage a passenger may carry on board a vehicle is limited to four (4) items, with each weighing no more than forty (40) pounds.

6. Baby strollers and carriages must be folded and not obstructing aisles or passenger movement during transport.

7. During inclement weather operators shall periodically sweep aisles and stairs and/or use a provided deicer to reduce the risk of slips and falls on the vehicle or when passengers enter or exit the vehicle.

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5.4.4 Lost Articles

Operators are required to make periodic checks through the vehicle to look for lost articles. This shall be done when time permits and whenever ending a shift. Articles found in vehicles or on MOTA property must be turned into dispatch at the end of the day.

5.5 Video/Audio Surveillance Policy

5.5.1 Purpose

The need to ensure security and safety of MOTA’s passengers and employees must be balanced with an individual’s right to privacy. The purpose of this policy is to establish procedures which are intended to achieve this balance. Specifically, this policy addresses requirements and responsibilities with respect to:

1. The installation and operation of video/audio surveillance systems on MOTA vehicles and property.

2. The use of the information obtained through video/audio surveillance systems on MOTA vehicles and property.

3. Custody, control, access to and retention of records created through video/audio surveillance systems on MOTA vehicles and property.

5.5.2 Access

1. Access to video/audio surveillance records shall be restricted to authorized personnel, and only to comply with their roles and responsibilities as outlined in this policy.

2. All hard disc drives or other storage devices that are not in use must be stored securely in a locked receptacle located in an access-controlled area.

3. All formal requests for video/audio surveillance records should be directed to the Executive Director of MOTA. If records are to be produced pursuant to court order or subpoena, to law enforcement, or in response to a lawfully issued Freedom of Information Act request, MOTA shall record the following:

a. The date and time of the original video/audio recording.b. The date and time a copy of the original video/audio recording was made

and sealed.c. The date and time the sealed copy of the original video/audio recording

was provided to the requesting party.d. Whether the copy of the original video/audio recording will be returned or

destroyed after use by the requesting party.

5.5.3 Custody, Control, Retention and Disposal

With the exception of records retained for criminal, safety or security investigations or evidentiary purposes, MOTA will not maintain a copy of video/audio surveillance records

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for longer than the recording cycle of the recording system. MOTA will take all reasonable efforts to ensure the security of records in its custody and control and to ensure the safe and secure disposal of such records. Old storage devices must be disposed of in accordance with an applicable technology asset disposal process ensuring personal information is erased prior to disposal and cannot be retrieved or reconstructed.

5.5.4 Unauthorized Access and/or Disclosure

Any MOTA employee who becomes aware of any unauthorized disclosure of a video/audio surveillance recording in violation of this policy, and/or a potential privacy breach has a responsibility to ensure that the Executive Director of MOTA is immediately informed of the breach. Failure to comply with this policy, including any unauthorized access to or disclosure of information, is cause for disciplinary action up to and including termination.

5.5.5 Signs

Signs providing notification of the collection of personal information will be installed in visible locations on vehicles and property which are subject to video/audio surveillance.

5.6 No-Shows

This policy establishes the administrative process that will be followed by MOTA for customers who establish a pattern or practice of missing scheduled trips. This behavior is called a “No-Show;” and the following definitions of and internal procedure for this activity apply to all specialized service and dial-a-ride trips, including subscription trips, and grouped trips arranged by the passenger or someone on the passenger’s behalf.

The No-Show policy and procedures will be applied when the following occurs:

1. MOTA does not receive a one-hour cancellation notice of a trip prior to the arrival of a bus.

2. The passenger is not at the requested pick-up address.3. The passenger is at the pick-up address, but decides not to go once the bus

arrives.4. The passenger is at the pick-up address within the pickup window, but is

unavailable to board within five (5) minutes of the time the bus arrives. Waiting time will be extended for passengers with disabilities.

5. No one is at home or at the drop-off point to receive returning passengers who cannot be left alone.

The No-Show policy and procedures will not be applied to any trip missed by a passenger due to MOTA error or circumstances which are not under the control of the passenger.

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MOTA error, which may not be counted as a no-show, includes but is not limited to:

1. The bus arriving late, after the pickup window.2. The bus arriving early, before the pickup window, and the passenger was not

ready to go.3. The bus never arriving.4. The bus going to the wrong location.5. An operator not following correct procedures to locate the passenger.6. A passenger cancelling in a timely way but the cancellation was not recorded

correctly or was not transmitted to the operator in time

Circumstances that may be beyond the passenger's control include but are not limited to:

1. Family emergency.2. Illness that precluded the passenger from calling to cancel.3. Personal attendant or another party who did not arrive on time to assist the

passenger.4. The passenger was inside calling to check the ride status and was on hold for

extended time.5. The passenger's appointment ran long and did not provide opportunity for the

passenger to cancel in a timely way.6. Another party cancelled the passenger's appointment.7. The passenger's mobility aid failed.8. A sudden turn for the worse in a passenger with a variable condition.9. Adverse weather impacting the passenger's travel plans, precluding the

passenger from cancelling in a timely way.

A no-show beyond the control of the passenger will not be counted as a no-show. Passengers are encouraged to contact MOTA if a no-show was beyond the passenger's control.

If a passenger incurring a no-show is scheduled for subsequent trips the same day, those trips will not be automatically cancelled unless the passenger contacts MOTA and confirms that the scheduled trips are to be cancelled.

If a passenger is taken to a destination, the passenger will not be left stranded, even if the passenger incurs a no-show for the scheduled return trip. Return service will be provided as soon as possible, but without a guaranteed on-time window.

Operators should call the dispatcher after waiting two (2) minutes. The dispatcher will, if possible, telephone the passenger. Operators are not permitted to leave a scheduled stop before being authorized to do so by dispatch.

Operators are not to return for passengers who miss their bus, unless instructed to do so by dispatch. Another ride may be scheduled when another bus is available.

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If a pattern or practice of missing scheduled trips is identified, the passenger will be suspended from service. A letter will be mailed to the passenger by certified, return receipt mail, notifying the passenger of a proposed service suspension. The letter will contain the nature and basis of the proposed suspension; the length of the proposed suspension; when the proposed suspension will begin and when service will resume; and the specific trips missed. Passengers involved will always be notified in writing of any decisions affecting their service. A fine or financial penalty may be offered as an option instead of a suspension. Passengers are encouraged to contact MOTA if a listed no-show was beyond the passenger's control. The passenger has the right to appeal a suspension.

5.7 Passenger Misconduct Policy

It is MOTA’s policy to provide safe and efficient service, and to be reasonable in responding to the behavior and needs of our passengers. But when passengers abuse the service, and create hazards that can adversely affect operations, boundaries on allowable conduct become necessary and prudent. For the safety and comfort of all passengers and employees on MOTA vehicles guidelines have been established that will be applied when a passenger’s misconduct jeopardizes MOTA’s bus operations. As a recipient of federal funding, MOTA is required to provide the public with its ridership policies. This policy defines the general categories of passenger misconduct, its consequences for the customer, and the process to appeal a service suspension. 5.7.1 Passenger Misconduct Behavior

1. Hazardous Conduct - Any act that creates the potential for injury or death to any passenger, operator or members of the public, including passengers under the influence of a controlled substance.

2. Abusive Conduct - Any offensive, threatening act or behavior which infringes upon the comfort or safety of other passengers, impairs the ability of the operator to transport passengers safely, or invades the privacy rights of others such as touching another person in a rude, insolent, angry or inappropriate manner. Harassment of any kind, verbal or physical, will not be tolerated. Examples also include profanity, screaming, hitting, and the use of electronic devices without headphones.

5.7.2 Consequences of Misconduct

1. A first offense will result in a warning or a suspension of service up to five (5) days.

2. A second offense within a one-year period will result in suspension of service for up to thirty (30) days.

3. A third offense within a one-year period will result in suspension of service for up to one year.

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5.7.3 Unintentional Misconduct

Any act that would qualify as misconduct, but is the direct and immediate consequence of a passenger's disability, such as abusive language that is a result of Tourette's Syndrome or socially unacceptable behavior brought on by a mental illness, shall be considered unintentional misconduct. Unintentional misconduct shall be addressed in the following manner.

1. A passenger may be subject to any reasonable accommodation requirement that will ensure the safety of all passengers and operators including:

a) Being required to ride with a personal care attendant.b) Being required to attend training or receive additional counseling in proper

transit conduct.2. The accommodation requirement may last for a time period sufficient to allow the

passenger to learn appropriate behavior.3. The accommodation requirement may be permanent if the conduct is beyond the

passenger's control.4. If a passenger commits an act of misconduct that the passenger has learned to

be inappropriate, that act is considered intentional.

The passenger shall be notified in writing before MOTA takes any of these measures identified above for both intentional and unintentional misconduct. An eligible customer whose service is to be suspended because of misconduct has a right to request a hearing through an appeals process that is explained below.

5.8 Appeal Procedure for Service Suspension

A passenger who receives a letter that suspension of service will be imposed may request an appeal hearing by sending a formal written request to the Executive Director of MOTA within ten (10) working days following the date of the suspension notice. The passenger who requests an appeal hearing will continue to receive service during the appeal process. In the event the passenger fails to request an appeal within the ten (10) day period, the suspension will become effective.

The appeal hearing will be scheduled within ten (10) working days of a formal request, and will be limited to reviewing the facts and application of the policy. The passenger or the passenger’s representative may present arguments and information defending the passenger’s position in person, in writing, or by telephone. If the passenger needs transportation to attend the appeal hearing, MOTA will provide this transportation at no charge to the passenger. The passenger will be notified of the appeal hearing decision, in writing, within ten (10) working days of the decision date.

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5.9 Americans with Disabilities Act (ADA) Requirements

5.9.1 Non-Discrimination Requirements

USDOT regulations specifically address these points:

1. An operator cannot discriminate against a person with a disability in the provision of transportation service.

2. An operator cannot, on the basis of disability, deny an individual with a disability the opportunity to use the transportation service if that person is capable of using that service.

3. An operator cannot require that an ambulatory person with a disability use priority seating.

4. An operator cannot require that an individual with a disability be accompanied by an attendant.

5. An operator is not required to provide service to an individual with disabilities if that individual engages in violent, seriously disruptive or illegal conduct. However, an operator cannot deny service to an individual with disabilities because the disability results in appearance or involuntary behavior that may offend, annoy, or inconvenience the operator or other passengers.

5.9.2 Provision of Service Requirements

USDOT regulations specifically address these points:

1. An operator is not required to permit mobility devices to ride in places other than designated securement locations, but transportation cannot be denied to a mobility device or its user on the grounds that the device cannot be secured or restrained satisfactorily by the vehicle’s securement system. An operator may recommend, but cannot require, that a user of a mobility device transfer to a vehicle seat. An operator must assist individuals with disabilities who need or request assistance with the use of securement systems, ramps and lifts.  If this assistance requires the vehicle operator to leave the drivers’ seat, the operator must do so.  An operator must permit individuals with disabilities who do not use mobility devices, including standees, to use the vehicle lift or ramp to enter the vehicle.

2. Operators are trained to proficiency, as appropriate to their duties. Operators must be able to operate vehicles and equipment safely and properly assist individuals with disabilities using the service in a respectful and courteous way, with appropriate attention to the difference among individuals with disabilities.

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5.9.3 Other Service Requirements

USDOT regulations specifically address these points:

1. An operator must make use of the available accessibility-related equipment or features.

2. Service information must be available in accessible formats to individuals with disabilities.  Printed materials will be made available, upon request, in accessible formats such as large print format, Braille, or CD.

3. An operator cannot refuse to permit a passenger who uses a lift to disembark from a vehicle at any designated stop, unless the lift cannot be deployed, the lift will be damaged if it is deployed, or temporary conditions at the stop, not under the control of the operator, preclude the safe use of the stop by all passengers.

4. An operator must ensure that individuals with disabilities have adequate time to complete entering or exiting the vehicle.

5. An operator must ask that individuals sitting in the priority seating area, or fold-down seats in the mobility device securement area, relocate if an individual needs to use that priority seating because of a disability or needs to secure a mobility device.  

5.9.4 Equivalent Service Standards

Service provided to individuals with disabilities should be equivalent to the service provided to other individuals in the following ways:

1. Response time.2. Fares.3. Geographic service area.4. Hours and days of service.5. Restrictions or priorities based on trip purpose.6. Availability of information and reservation capability.7. Any constraints on capacity or service availability.

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