HomeMy WebLinkAboutMINUTES - 04091991 - TC.1 c G
TO: BOARD OF SUPERVISORS '' ~\~ "` Contra
FROM: TRANSPORTATION COMMITTEE `✓WL�
DATE: March 27, 19 91 '�����"�`
County
SUBJECT: TRANSIT VEHICLE ACCESSIBILITY TO THE HANDICAPPED
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) .& BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
The Board of Supervisors Pass Resolutions (Exhibits A, B, and C )
suggesting:
1) legislative initiation at both the federal and state levels,.
sent to the respective legislative delegations, to regulate
manufacturers of handicapped mobility devices of common use to
include standardized safety securement features for transit
vehicles; and
2) the U. S. Department of Transportation, during the American
Disabilities Act rule-making process, to include regulatory
provisions that stipulate manufacturing requirements of
handicapped mobility devices to incorporate standardized
securement design features appropriate for transit vehicles.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On February 26, 1991, the Board of Supervisors recommended to the
Transportation Committee to review the need for legislation to
require manufacturers of handicapped vehicles to design the vehicle
to be transit compatible. This recommendation was in response to
Tri-Delta's Policy of disallowing the " scooter " on its transit
vehicles as a safety precaution. Since then, however, Tri-Delta has
reversed its policy as a result of public pressure. Although Tri-
Delta has rescinded its policy, this action hardly resolves the
safety issue associated with the scooter design.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) : / /0Z
ACTION OF BOARD NApril 9, 1991 APPROVED AS RECOMMEND D X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN- AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES. OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig: Community Development Department ATTESTED 42j6A_e_Z 9, /f9-1
cc: Paratransit Coordinating Council(viacpD PHIL BATCH OR, CLERK OF
Bus Coordinating Council(v+a civ' THE BOARD OF SUPERVISORS
Metropolitan Transportation AND COUNTY ADMINISTRATOR
Commission (VIA CDD
County Administrator $yDEPUTY
_i
lmiscl/cm/Transit.bos
BACKGROUND/REASONS FOR RECOMMENDATIONS - Cont.
Because the scooters lack standardized securement features, the
various transit providers must adjust securement equipment for the
scooters. In addition, some providers have instituted transfer
policies -- relocating passengers from scooters onto regular
seating.
As it relates to existing transit vehicles, an analysis of the
American Disabilities Act (ADA) of 1990, PL-101-336, indicates
several deficiencies. First among the deficiencies is that the Act
only applies to " newly acquired " transit vehicles of transit
providers. This means that only new and used transit vehicles
acquired after the effective date must be equipped to accommodate
handicapped vehicles of common use, despite the manufacturers'
designs. Moreover, the Act lacks any provisions that stipulate
transit providers to retrofit existing fleets to accommodate the
vehicles of common use.
The ADA regulates transit providers. However, it fails to regulate
manufacturer designs of the mobility devices to be compatible with
securement devices of transit vehicles. Having standardized
securement features at the manufacturing design level certainly
would alleviate this issue and foster smoother and safer transit
operation and service.
This issue was presented to the Paratransit Coordinating Council at
its February 25, 1991 meeting. The Council unanimously passed a
motion that requested the California State Legislature to resolve
this issue through the legislative process.
However, among its American Disabilities Act comments to the U.S.
Department of Transportation, the Metropolitan Transportation
Commission (MTC) addressed issues other than regulatory provisions
for standardized securement features of mobility devices of common
use.
CONSEQUENCES OF NEGATIVE ACTION
The regulatory provisions, once enacted, will not have any negative
consequences on transit ridership, nor on transit providers as
well. The only expected negative " re-action " is from the
manufacturers of the mobility devices. They may hark back by
refraining that redesigning the devices with the securement
alterations may increase the costs and shoot the availability of
the devices out of reach of current consumers. However, the
alterations could only require minor redesigning with negligible
increases in costs. Of which case, any -negative consequences are
unexpected.
However, on other side of the spectrum, the lack of such regulatory
provisions will continue to place the onus on transit providers to
secure the mobility devices with the resources they have.
lmiscl/cm/Transit.bos
( EXHIBIT A )
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of the Three-Wheeled ) RESOLUTION NO. 91/216
" Scooter " and other handicapped )
mobility devices lacking securement )
features at the manufacturing design )
levels, the Board of Supervisors )
requests that the State Legislature )
initiate legislation to regulate )
design features of handicapped mobility)
devices of common use to include )
standardized securement features for )
use on transit vehicles )
The Board of Supervisors of Contra Costa County RESOLVE:
WHEREAS, the lack of standardized securement features
exists on the Three-Wheeled " Scooters " and other handicapped
mobility devices of common use; and
WHEREAS, the scooter and other mobility devices, without
adequate securement features, may pose safety problems on transit
vehicles; and
WHEREAS, the American Disabilities Act of 1990 regulates
transit providers, after the effective date, to equip only " newly
acquired " transit vehicles for handicapped individuals using
mobility devices of common use; and
WHEREAS, the Act lacks any provisions that stipulate
transit providers to retrofit existing fleets to accommodate
mobility devices of common use; and
WHEREAS, the Act neglects to regulate manufacturers to
provide standardized securement design features of mobility devices
of common use; and
NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF
SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA, requests that the
California State Legislature initiate legislation to resolve the
securement safety issue by requiring manufacturers of mobility
devices of common use to provide standardized securement features
for use on transit vehicles.
PASSED by unanimous vote of the Board Members present on
this 9th day of April 1991.
I hereby certify that the foregoing is true and correct
copy of an order entered on the minutes of the Board of Supervisors
of the date aforesaid.
Witness my hand and Seal
of the Board of Supervisors
affixed on this 9th day of
April, 1991
Phil Batchelor, Clerk of the Board
of Supervisors and County
Administrator J
By: ,;& . J Deputy Clerk
RESOLUTION NO. 91/216
( EXHIBIT B )
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of the Three-Wheeled ) RESOLUTION NO. 91/217
" Scooter " and other handicapped )
mobility devices lacking securement )
features at the manufacturing design )
levels, the Board of Supervisors )
requests that the U.S. Congress )
initiate legislation to regulate )
design features of handicapped mobility)
devices of common use to include )
standardized securement features for )
use on transit vehicles )
The Board of Supervisors of Contra Costa County RESOLVE:
WHEREAS, the lack of standardized securement features
exists on the Three-Wheeled " Scooters " and other handicapped
mobility devices of common use; and
WHEREAS, the scooter and other mobility devices, without
adequate securement features, may pose safety problems on transit
vehicles; and
WHEREAS, the American Disabilities Act of 1990 regulates
transit providers, after the effective date, to equip only " newly
acquired " transit vehicles for handicapped individuals using
mobility devices of common use; and
WHEREAS, the Act lacks any provisions that stipulate
transit providers to retrofit existing fleets to accommodate
mobility devices of common use; and
WHEREAS, the Act neglects to regulate manufacturers to
provide standardized securement design features of mobility devices
of common use; and
NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF
SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA, requests that the
U.S. Congress initiate legislation to resolve the securement safety
issue by requiring manufacturers of mobility devices of common use
to provide standardized securement features for use on transit
vehicles.
PASSED by unanimous vote of the Board Members present on
this 9th day of April 1991.
I hereby certify that the foregoing is true and correct
copy of an order entered on the minutes of the Board of Supervisors
of the date aforesaid.
Witness my hand and Seal
of the Board of Supervisors
affixed on this 9th day of
April, 1991
Phil Batchelor, Clerk of the Board
of Supervisors and County
Administrator
By: Deputy Clerk
RESOLUTION NO. 91/217
( EXHIBIT C )
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of the Three-Wheeled ) RESOLUTION NO. 91/218
" Scooter " and other handicapped
mobility devices lacking securement )
features at the manufacturing design )
levels, the Board of Supervisors )
requests that the U.S. Department of )
Transportation include provisions )
in the American Disabilities Act to )
regulate manufacturers of handicapped )
mobility devices of common use to )
include standardized securement )
features for use on transit vehicles )
The Board of Supervisors of Contra Costa County RESOLVE:
WHEREAS, the lack of standardized securement features
exists on the Three-Wheeled " Scooters " and other handicapped
mobility devices of common use; and
WHEREAS, the scooter and other mobility devices, without
adequate securement features, may pose safety problems on transit
vehicles; and
WHEREAS, the American Disabilities Act of 1990 regulates
transit providers, after the effective date, to equip only " newly
acquired " transit vehicles for handicapped individuals using
mobility devices of common use; and
WHEREAS, the Act lacks any provisions that stipulate
transit providers to retrofit existing fleets to accommodate
mobility devices of common use; and
WHEREAS, the Act neglects to regulate manufacturers to
provide standardized securement design features of mobility devices
of common use; and
WHEREAS, the U.S. Department of Transportation is
receiving comments during the rule-making process in developing the
proposed rules of the Act; and
NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF
SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA, requests that the
U.S. Department of Transportation to resolve the securement safety
issue by requiring manufacturers of mobility devices of common use
to provide standardized securement features for use on transit
vehicles as provision of the American Disabilities Act of 1990.
PASSED by unanimous vote of the Board Members present on
this 9th day of April 1991.
I hereby certify that the foregoing is true and correct
copy of an order entered on the minutes of the Board of Supervisors
of the date aforesaid.
Witness my hand and Seal
of the Board of Supervisors
affixed on this 9th day of
April, 1991
Phil Batchelor, Clerk of the Board
of Supervisors and County
Administrator
By: 0Deputy Clerk
RESOLUTION NO. 91/218