MAT PARATRANSIT OPERATING GUIDELINES

1.0 INTRODUCTION

1.1 Purpose

This document outlines the guidelines followed in the operation of the Fargo-Moorhead MAT Paratransit Service for individuals with disabilities whose transportation needs cannot be met by the Fixed Route Bus System (also known as Metropolitan Area Transit or MAT).

1.2 References to Federal Regulations

The MAT Paratransit Service is funded in part through federal, state and local governments. Operational guidelines must comply with federal, state and local regulations. References will be made throughout this document to specific regulations to assist the Cities of Fargo and Moorhead in updating guidelines as regulations are modified.

The most commonly referenced regulation is the September 6, 1991, U.S. Department of Transportation's published final regulations implementing certain provisions with the Americans with Disabilities Act of 1990 (ADA), Regulation 49 CFR Parts 37.

1.3 Statement of Non-Discrimination [Moorhead Ordinance 90-05, Federal Regulation 49 CFR '37.5]

It is the public policy of the Cities of Fargo and Moorhead to declare, as civil rights, the rights of all persons, whether residents or visitors, equal opportunities in education, employment, housing, public accommodations, and public services, and full participation for all citizens in the affairs of these communities.

The Cities of Fargo and Moorhead shall not discriminate against an individual with a disability in connection with the provision of transportation service.

2.0 SERVICE STANDARDS

2.1 Description of Service [Federal Regulation 49 CFR '37.129]

MAT Paratransit provides door-thru-door transportation service on a reservation basis for individuals with disabilities who are ADA Paratransit Eligible and unable to utilize the MAT Fixed Route Bus service independently (refer to Section 3.1-Eligibility Criteria). MAT Paratransit features accessible vans and/or buses with wheelchair lifts.

2.2 Service Hours [Federal Regulation 49 CFR 37.131(e)]

MAT Paratransit is available during the same hours as the MAT Fixed Route System. Hours may differ for each participating jurisdiction.

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Monday through Friday 6:15 a.m. to 10:15 p.m.

Saturday 7:15 a.m. to 10:15 p.m.

Sunday 7:30 a.m. to 5:00 p.m. (Fargo residents only)

All trips must be completed with passengers delivered to their destination by end of service hours (10:15 p.m.). There is no service on the following holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day.

2.3 Service Area [Federal Regulation 49 CFR 37.131(a)]

MAT Paratransit operates within the city limits of Moorhead and Dilworth, Minnesota, and Fargo and West Fargo, North Dakota.

2.4 Trip Purpose [Federal Regulation 49 CFR '37.131(d)]

There are no restrictions or priorities imposed based on trip purpose for rides given by MAT Paratransit, with the exception of subscription rides.

MAT Paratransit is not an ambulance service and does not provide emergency medical transportation.

2.5 Cost to Passenger/Fare [Federal Regulation 49 CFR '37.131(c)]

Each fare is applicable to one complete trip. Once the passenger disembarks from the vehicle, or arrives at a destination, one trip is completed. Upon entering the same vehicle again, a new trip commences and the passenger will be required to pay a new fare.

The fare for each one-way trip is $2.00 cash. Exact fare is required; drivers do not have change. Coupons books may be purchased for $40.00 containing 20 ride coupons. Coupon books are available from the Ground Transportation Center, 502 NP Avenue, Fargo, ND 58102, or from the MAT Paratransit driver. The driver will collect the payment from you at the time you receive the coupon book The following conditions apply to coupon book sales: (1) Coupons cannot be redeemed for cash under any circumstances. (2) Lost or stolen books will not be replaced. (3) Coupons are valid only on MAT Paratransit.

This fare structure applies to both the eligible individual and their guest. Personal care attendants ride free (refer to Section 5.3 - Personal Care Attendants). Preschool children (under age 7) ride free when accompanied by an eligible adult passenger.

Fares cannot be paid in advance (except through the purchase of coupons) or billed at a later date. The Transit Manager may make an exception for large groups if prior arrangements are made.

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Upon request, drivers will assist in retrieving the fare payment for passengers who are able to do this independently because of their disability. However, such assistance will not include the removal of cash/coupons from a purse. Passengers may ask drivers to remove the fare from a special container that is readily available and easily identifiable as containing their fare (such as a zip lock bag).

3.0 ELIGIBILITY

3.1 Eligibility Criteria [Federal Regulation 49 CFR '37.123]

MAT Paratransit is intended to provide transportation to individuals with disabilities who are unable to independently utilize the Fixed Route Bus System (also known as Metropolitan Area Transit or MAT).

To be eligible to use MAT Paratransit, you must be considered "ADA Paratransit Eligible" as defined by the federal government. The three categories of ADA Paratransit Eligibility established by the federal government are listed below.

ADA Paratransit Eligibility is based on a functional, rather than medical, model. Persons are not qualified or disqualified on the basis of a specific diagnosis or disability. An individual will be certified as ADA Paratransit Eligible if there is any part of the MAT Fixed Route System in the designated service area which cannot be used or navigated by that individual because of a disability (refer to Section 3.2 - Definition of Disabled Individual). In operation, eligibility will be based on whether the MAT Fixed Route System can provide its service to the particular individual for a particular trip. Eligibility may be permanent, temporary, seasonal, conditional or transitional.

If the applicant is considered eligible but only under certain conditions, the reservationist will review each trip requested to see if that trip meets the conditions that were established when eligibility was determined. An individual may appeal a denied trip in the same manner as they appeal a denial of eligibility (refer to Section 3.6 - Eligibility Appeals Process).

THERE ARE THREE CATEGORIES OF ELIGIBILITY:

CATEGORY 1: UNABLE TO BOARD, RIDE OR DISEMBARK.

"Any individual with a disability who is unable, as the result of a physical or mental impairment (including a vision impairment), and without the assistance of another individual (except the operator of a wheelchair lift or other boarding assistance device), to board, ride or disembark from any vehicle on the Fixed Route Bus System which is readily accessible to and usable by individuals with disabilities."

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Included in this category are individuals with mental or visual impairments who cannot use or "navigate the system." Recognizing destinations, understanding transfers, and being able to distinguish between vehicles at busy transfer stations are all examples of navigating the Fixed Route System. With the exception of assistance provided by the driver or other employees of the service, eligibility under this category is based on a person's ability to independently use the service. A person traveling with a friend or attendant is still eligible for paratransit service even if they would be able to use the Fixed Route System with this other person's help.

An individual who has been trained to use the system to travel to and from a particular destination independently and therefore can utilize the Fixed Route System for that purpose (to/from a place of employment, for example) cannot apply eligibility to that trip. However, an exceptional trip (to a restaurant, for example) would be ADA eligible. If service disruptions such as re-routing due to construction make the training temporarily inappropriate, the individual would be eligible for those trips.

CATEGORY 2: ABLE TO BOARD, RIDE AND DISEMBARK ONLY IF THE VEHICLE IS ACCESSIBLE (EQUIPPED WITH BOARDING DEVICE SUCH AS A LIFT).

"Any individual with a disability who needs the assistance of a wheelchair lift or other boarding assistance device and is able, with such assistance, to board, ride, and disembark from any vehicle which is readily accessible to and usable by individuals with disabilities if the individual wants to travel on a route of the system during the hours of operation of the system at a time, or within a reasonable period of such time, when such a vehicle is not being used to provide designated public transportation on the route."

Eligibility under this category depends on the accessibility of vehicles and routes. A person is eligible for paratransit service if the fixed route on which they want to travel is not yet accessible.

* An individual is eligible for paratransit if a vehicle's lift or boarding device could not be deployed at the stop which they want to use;

* An individual is eligible if they use a "common wheelchair" but cannot be served by the fixed route system because the lift on the vehicle they need to use does not meet the federal equipment standards.

* A person is eligible if the bus route on which they want to travel is not 100% accessible.

CATEGORY 3: UNABLE TO TRAVEL TO BOARDING LOCATION OR FROM DISEMBARKING LOCATION.

"Any individual with a disability who has a specific impairment-related condition which prevents such individual from traveling to a boarding location or from a disembarking location on such system."

Under this category, the "specific impairment-related condition" must prevent the person from using the fixed route system. An individual would be eligible if the combination of a person's "specific impairment-related condition" and architectural barriers (such as curb-cuts) and environmental barriers (such as distance, terrain and weather) prevent a person from traveling to or from bus stops/stations.

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3.2 Definition of Disabled Individual [Federal Regulation 49 CFR '37.3]

Disabled individual is defined as an individual with a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. The phrase major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and work.

Physical or mental impairments include: (1) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory including speech organs, cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin and endocrine; (2) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; (3) contagious or noncontagious diseases and conditions, including but limited to: orthopedic, visual, speech, and hearing impairments; cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease, tuberculosis, drug addiction and alcoholism.

Disability does not include (1) homosexuality or bisexuality; (2) Transvestism, transsexualism, pedophilia, exhibitionism, voyearism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (3) compulsive gambling, kleptomania or pyromania; (4) psychoactive substance abuse disorders resulting from the current illegal use of drugs.

3.3 Eligibility for Half-Fare on Fixed Route

A person with disabilities may be able to use the Fixed Route Bus System with assistance or under certain conditions. The Special User Card issued by MAT entitles an individual to ride the Fixed Route Bus System (Metropolitan Area Transit) for half fare, which is 504 cash or one reduced-fare token (silver colored). The passenger must show the Special User Card to the driver when boarding the bus. Refer to Section 3.5 - Eligibility Process to apply for a Special User Card.

3.4 Eligibility of Visitors [Federal Regulation 49 CFR '37.127]

If you are determined by the Cities of Fargo or Moorhead to be "ADA Paratransit Eligible" that eligibility entitles you to utilize paratransit services in other communities that you might visit throughout the nation for up to 21 days.

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Visitors to Fargo-Moorhead who have been certified as "ADA Paratransit Eligible" by another public entity will be provided service up to 21 days. Any limitation/condition placed upon a certification by another community will be observed by MAT Paratransit to the extent possible. Visitors who have not been certified as eligible by another public entity but claim that they are "ADA Paratransit Eligible" will be assumed eligible for up to 21 days. If service is needed beyond 21 days, the individual is required to apply for eligibility by the Cities of Fargo or Moorhead. Visitors may be requested to show proof of residency outside the city of Moorhead.

Individuals who live outside the metropolitan area but travel into the community and utilize MAT Paratransit on a regular basis are encouraged to apply for eligibility (this would include Dilworth residents). Anyone who utilizes MAT Paratransit more than 21 days in a one-year period may be required to apply for eligibility. As a registered user that individual will then be notified of any service changes that might affect them.

3.5 Eligibility Process (Federal Regulation 49 CFR '37.125)

a. Individuals must submit a completed, written application to the either the City of Fargo (Fargo, West Fargo and North Dakota residents) or the City of Moorhead (Moorhead, Dilworth and Minnesota residents).

Fargo Transit Moorhead Transit

502 NP Avenue 500 Center Avenue, P.O. Box 779

Fargo, ND 58102 Moorhead, MN 56560

(701) 235-4464 (218) 299-5370

b. The Fargo Transit Administrator and the Moorhead Transit Manager are responsible for reviewing applications and determining eligibility. A response in writing stating the determination of eligibility will be mailed to the applicant within 21 days of receipt of the completed application and professional verification. Determination of ineligibility will include reasons for the finding and inform the applicant of the appeals process.

c. If a determination is not made within 21 days, the applicant will be determined temporarily eligible until such time as the final determination of eligibility is made by the Transit Administrator/Manager.

d. Eligible individuals will be issued a Special User Card and/or letter stating they are eligible for MAT Paratransit and whether or not they are also "ADA Paratransit Eligible." This documentation shall include the following:

-- Name of eligible individual

-- Name of transit provider, MAT Paratransit

-- Telephone number to call to reserve a ride