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BULLETIN: MTA NEW YORK CITY TRANSIT (NYCT) RULES OF CUSTOMER CONDUCT

PROHIBITED CONDUCT

Customer use of NYCT bus, subway and Access-A-Ride service is subject to compliance with MTA’s rules of conduct. These rules are enforced on buses and subways and other transit facilities through summonses issued by law enforcement or other duly designated officers.

On Access-A-Ride, ADA permits the suspension of customers (from the service) who engage in violent, seriously disruptive or illegal conduct towards other passengers, drivers or NYCT staff or its agents’ staff. Section 1035 of the MTA rules governing paratransit service implements the enforcement of ADA-permitted suspensions from service. MTA rules apply to all transit conveyances and facilities, including paratransit service.

The following is a partial list of MTA rules concerning prohibited conduct. These items are being highlighted in this Bulletin because they commonly apply to paratransit service. NYC Transit’s customers may be fined or suspended, as applicable (and criminal conduct may lead to arrest), for engaging in any of the following prohibited acts:

• Litter, dump garbage, liquids or other matter, create a nuisance, hazard or unsanitary condition (including, but not limited to, spitting or urinating);
• Smoke or carry an open flame or lighted match, cigar, cigarette, pipe or torch;
• Carry or bring onto an AAR vehicle any item(s) that may present a danger or hazard to persons, interfere with customer traffic and/or impede paratransit service;
• Commit any act which causes or may tend to cause injury or harm to oneself or to any other person;
• Conduct oneself in a manner that causes or may tend to cause annoyance, alarm, or inconvenience to a reasonable person or create a breach of the peace;
• Drink any alcoholic beverage or possess any opened or unsealed container of any liquid;
• Create any sound through the use of any sound production device. “Sound production device” includes, but is not limited to, radios, televisions, musical instruments, tape recorders, cassette players and speaker devices; or
• Deface, destroy or otherwise vandalize AAR property or any signs, notices or advertisements.

Enforcement
NYCT reserves the right to suspend customers who engage in violations of these rules of conduct to the extent permitted by ADA and/or to issue summonses when such conduct is observed by a Police Officer or other officer duly designated to issue summonses.

Appeal Process
Except for suspensions for violent or seriously disruptive conduct, before suspending service, NYCT will notify the customer in writing. The notice will identify the specific conduct leading to the suspension and the duration of the suspension. The customer will have an opportunity to be heard and to present information and arguments as to why the suspension should not be imposed. Following this process, NYCT will notify the customer in writing of NYCT’s final decision and the reasons for it.

In the case of suspensions for violent or seriously disruptive conduct during a paratransit trip, the suspension will take effect immediately, but the customer will be entitled to a post-suspension appeal. The same appeal procedures noted above will be followed.

ACCESS-A-RIDE FARE POLICY
(Effective 01/01/04)

Access-A-Ride fare is the same as the full fare on fixed-route bus and subway. When the fare changes on the fixed route system, the same change occurs on Access-A-Ride (AAR). Payment of the AAR fare is mandatory. This policy provides the rules and regulations for paying the AAR fare.

Payment of Fare
Every AAR Customer and accompanying Guest is obligated to pay the appropriate fare to the AAR vehicle operator, in exact change, upon boarding the vehicle.

• A round-trip fare will not be accepted. Each Customer and his/her Guest may only pay for one trip at a time, at the time that the trip is taken.
• Only an authorized Personal Care Attendant traveling with an AAR Customer is permitted to ride free of charge (“PCA” must be noted on the Customer’s AAR ID card). If “PCA” is not noted on the AAR ID card, the person traveling with the Customer is considered a Guest and must pay the full AAR fare.
• For AAR Customers who participate in the TransitChek program, the AAR vehicle operator will accept the AAR TransitChek coupon as fare payment. This coupon is good for one trip.

Fare Collection
Every vehicle operator is responsible for collecting all fares from certified AAR Customers and Guests prior to departure.

• AAR vehicle operators are not required to transport any persons who do not pay the appropriate fare.
• AAR vehicle operators will not provide change. The fare collected must be in exact change.

NO-SHOW/LATE CANCELLATION POLICY
(Effective 11/1/06)

The Federal Transit Administration’s paratransit regulations permit New York City Transit (NYCT) to establish an administrative process to suspend, for a reasonable period of time, paratransit service to customers who establish a pattern or practice of missing scheduled trips, except where the trips are missed for reasons that are not under the individual’s control. This Policy implements the federal regulation.

New York City Transit (NYCT) will record each customer “no-show” or “late cancellation” as a missed trip and may suspend, for a reasonable period of time, any customer whose missed trips are excessive as defined by this Policy. This Policy applies to both advance reservation and subscription trips.

Definitions
· A no-show occurs when the vehicle arrives at the pick-up location within the 30-minute pick-up window, waits the required 5 minutes and the customer does not board the vehicle.
· A late cancellation occurs when a customer cancels a trip after 5:00 p.m. on the day before the scheduled trip.

Cancelling a Trip
It is the customer’s responsibility to cancel trips that he/she has reserved but no longer needs. To cancel a trip, the customer must call 877-337-2017, 718-393-4999, 718-393-4257 (TTY) or 800-662-1220 (TTY Relay) and press the number “4” to speak with a reservationist.

Excessive Missed Trips
Missed trips are considered excessive when an individual reserves 7 or more trips within any month and no-shows and/or late cancels 60 percent or more of those scheduled trips. This will be considered a “pattern or practice” of missed trips and a violation of this Policy.

Suspensions
An individual who has incurred excessive missed trips as defined above is subject to suspension for a reasonable period of time. Repeated violations of this Policy will cause the length of suspensions to be increased. The following suspension periods shall apply to violations of this Policy that occur within the same rolling 12-month period.

• 1st suspension 2-month period
• 2nd suspension 4-month period
• 3rd suspension 6-month period
• 4th suspension 3-year period

In addition, subscription service will be cancelled for any customer who is suspended under this Policy. Any suspended subscription service customer must reapply if he/she wishes to be considered for a new subscription. The application will not be considered until 4 months after the end of the suspension period.

Notice of Suspension
NYCT will send a notice of suspension to a customer who is in violation of this Policy. The notice will identify each trip that the customer cancelled late and/or for which he/she was a “no-show”. The notice will also advise the customer of the dates that the suspension is scheduled to begin and end, as well as the first date that the customer can begin to use the paratransit service again.

Right to Appeal
A customer who has been notified of a scheduled suspension from AAR paratransit service has the right to appeal, either in writing or in person. Appeal hearings are held at 33-00 Northern Blvd., Long Island City, NY 11101.

• WRITTEN APPEALS
  - The customer must submit the completed Notice of Intention to Appeal Suspension form.
  - The customer must submit either the Statement of Appeal form or a letter documenting why he/she believes that the violations should be excused, and any supporting documentation.
  - These documents must be postmarked within 14 calendar days of the date the notice of suspension was issued.
  
  
• IN-PERSON APPEALS
  - The customer must submit the completed Notice of Intention to Appeal Suspension form.
  - These documents must be postmarked within 10 calendar days of the date the notice of suspension was issued.
  - NYCT will contact the customer to schedule an appeal hearing (the customer must be available to attend the hearing at a mutually agreed upon date, no later than 21 calendar days from the date the notice of suspension was issued).

No suspension will take effect if the customer has filed an appeal according to the instructions and by the deadlines noted in this policy and the Paratransit Appeals Board has not determined the outcome of the appeal.

Appeal Decision
NYCT will advise the customer in writing of its decision concerning the customer’s appeal. If the decision upholds the suspension, the notice of decision will provide the customer with the beginning and ending dates of the suspension period. The decision of the Paratransit Appeals Board is final.

SUBSCRIPTION SERVICE POLICY
(Effective 11/1/06)

Paratransit subscription service is a form of paratransit that may be provided under the Americans with Disabilities Act (ADA) of 1990. It is designed for customers who travel from the same location to the same destination at the same time of day for each trip, at least 1 day a week. The trips are automatically scheduled, which eliminates the need for customers to call in advance for each trip. The purpose of this policy is to provide guidelines for customers who use Access-A-Ride (AAR) subscription service.

Application for Subscription Service
After having been certified eligible to use AAR service, customers may call the Subscription Unit at 877-337-2017 or 718-393-4257 (TTY). When the recorded message begins, the customer should press “6” to request an Application for Subscription Service. Customers whose trip needs meet the subscription definition will be granted subscription service subject to route and vehicle availability. If the subscription service is not available, at the time of receipt of the application, AAR will continue to consider the pending application for a period of 90 days. Registrants not granted subscription service within this 90-day period will be notified and asked whether the subscription is still needed. If so, the application will remain in pending status. The customer will be notified again in 90 days if the subscription is not provided. If needed, this process will continue in 90-day intervals. Pickup times may be changed by New York City Transit (NYCT) periodically. However, appointment times will always be honored.

Excessive Cancellation of Subscription Trips
NYC Transit may terminate any subscription service that is canceled 60 percent or more in any 2 consecutive months (with a minimum of 7 trips/month), or if there is a consistent pattern of cancellations of any part of a subscription. NYCT’s decision to terminate a subscription is final. To reapply, a new application for subscription service must be submitted. The customer will not be considered for subscription service for a period of 4 months after the effective date of the termination. For example, if a customer’s subscription is terminated effective June 30, he/she will not be considered for subscription service until October 30. If a customer’s subscription service is terminated, the customer still has the right to request Advance Reservation Trips.

Holidays Observed
Subscription trips will be canceled automatically on the following holidays: New Year’s Eve, New Year’s Day, Martin Luther King’s Birthday, President’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve and Christmas Day. Should the customer require service, the customer must call for an advance reservation trip 1-2 days in advance.

Restrictions and Penalties
Subscription customers who are suspended from AAR service due to violations of the No-Show/Late Cancellation Policy will also lose their subscription service. To reapply, a new application for subscription service must be submitted. The customer will not be considered for subscription service for a period of 4 months after the end of the suspension period. For example, if a customer’s two-week suspension ends on October 15, the customer will not be considered for subscription service until February 15.

Changes to Existing Subscription Service
Changes in travel needs may affect or result in the loss of a customer’s subscription service. All customers requesting a change in days of travel, time of travel, appointment time, return pickup time, and/or trip location or destination must submit another subscription service application noting the change.

Customers may also call the Subscription Unit at 877-337-2017 and press “6” to confirm that the application was received. Every effort will be made to accommodate the requested changes. The customer must make travel arrangements via advance reservations until the subscription can be accommodated.

Cancellation of Subscription Service For Failure to
Recertify on Time
If a customer does not recertify his/her AAR eligibility at least 30 days prior to the expiration date shown on the customer’s AAR ID card, the customer’s subscription service will be canceled automatically. The recertification application must indicate that the customer wishes to maintain the same subscription trips.

Putting Future Subscription Trips on Hold
Customers who do not require subscription service for one day or more must call the Subscription Information line at 877-337-2017 and press “6” at least 3 days in advance. For example, a customer with Subscription Service must call on Monday to put a Thursday trip on hold, Tuesday to put a Friday trip on hold, etc. Staff answer calls daily between 8:00 a.m. and 5:00 p.m. At other times messages may be left on a voice message system. The Subscription Scheduling Unit will put the trips on hold and call the customer back to confirm that the subscription trips were put on hold.

When calling the Subscription Information line, the customer or his/her representative must be prepared to say the following:

• His/her full name (and then spell his/her full name)
• His/her Access-A-Ride ID Number
• Whether he/she wants all or some of his/her daily rides put on hold (e.g.,
  every Monday in July and August)
• The first date that the vehicles should not pick him/her up
• The first date that he/she wants the vehicles to resume picking him/her up

If the customer does not know the return date, he/she can say it is indefinite. When the customer does this, NYCT will hold the subscription until further notice from the passenger. No subscription will be held for longer than 90 consecutive days. After the 90 consecutive days, the customer will lose the subscription service and must submit a new subscription service application. A customer who resumes using subscription service that was put on hold for 90 days cannot continue to put the same subscription service on hold for another 90 days until at least 30 days have passed. Such a request will cause the subscription to be terminated. For example, if a customer puts his/her subscription on hold for a 90-day period during January, February and March and then resumes the subscription, he/she cannot request to put the same subscription on hold at the beginning of April. At least 30 days must pass before such a request can be made.

Cancelling Current Subscription Trips
Customers who need to cancel any of their subscription trips, that are scheduled to take place within the next 2 calendar days, must call the Reservation Unit (not the Subscription Service Unit) at 877-337-2017 and press “4”. Customers with rotary phones must hold for a reservationist. When the reservationist responds, the customer must tell the reservationist that he/she needs to cancel trips. Once connected to the Command Center’s Reservation Unit, the customer must tell the reservationist which trips to cancel. It is the customer’s responsibility to cancel these subscription trips before 5:00 p.m. on the day before the first trip is scheduled. Failure to do so will result in a no-show or late cancellation violation assessment.

TAXICAB/CAR SERVICE REIMBURSEMENT POLICY
(Effective 9/15/02)

The purpose of this policy is to assist customers with Access-A-Ride (AAR) paratransit service problems.

If an AAR vehicle has not arrived 30 minutes after the scheduled pick up time, the customer may call the Paratransit Command Center at 877-337-2017, 718-393-4999 or 718-393-4258 (TTY) to receive trip status. When the recorded message begins, the customer should press either “1” to continue in English or “2” to continue in Spanish. When the subsequent recorded message begins, the customer should press “5”. The customer will be transferred to a customer information agent. The customer information agent will contact the carrier to find out the AAR vehicle’s estimated time of arrival. The customer information agent will also advise the customer when the scheduled vehicle will arrive or whether New York City Transit (NYCT) will dispatch an on-call vehicle to pick up the customer. If the scheduled vehicle or an on-call vehicle (accessible as necessary) is not available to pick up the customer within a reasonable period of time, and the customer is able to arrange to take the trip with a taxicab or car service, NYCT will authorize the customer to do so and give the customer a taxi authorization number. NYCT will reimburse the customer for the cost of the taxicab or car service, as described below.

Taxicab/Car Service Authorization
When a taxicab or car service is authorized, the customer is responsible for paying the full fare plus any tolls and obtaining a valid receipt from the driver.
When using a taxicab, the driver is to provide the receipt from the meter. When using a car service, the receipt must include the name and telephone number of the car service. Any tolls and/or tip must be identified with the request or the fare will be accepted as the total amount due. Blank receipts completed by customers will not be accepted. It is recommended that the customer travel in a taxicab or car service that is licensed by the NYC Taxi and Limousine Commission.

Reimbursement Process
The customer must submit a written request to NYCT to receive reimbursement. NYCT will reimburse the customer for the total cost of the trip (including no more than a 15% tip) minus the Access-A-Ride paratransit fare. The AAR fare is the same as the full fare on fixed-route bus and subway. NYCT reserves the right to reject any taxicab/car service reimbursement that appears to be altered, or to limit the amount of the reimbursement where the requested amount appears to be excessive. NYCT does not accept or reimburse AAR customers for any receipts other than taxicab/car service, e.g., bus trips, phone bills or postage. THERE WILL BE NO EXCEPTIONS.

Requests for taxicab or car service reimbursement must be postmarked no later than 3 months from the date of the trip. The reimbursement request must include the customer’s name, address, and AAR ID number, as well as the taxi authorization number, original/valid taxicab or car service receipt (with the official taxicab or car service information noted above and the fare amount plus tolls), and the date of the trip.

NYCT will not process, and will return, any request that does not comply with this policy and/or include the necessary documentation. Copies or faxes of taxicab or car service receipts will not be accepted. It is recommended that customers keep a copy of receipts for their records.

Requests for reimbursement should be mailed to:

AAR Taxicab Reimbursements
NYCT-Paratransit
130 Livingston Street
Brooklyn, NY 11201

Conditional Taxicab or Car Service Authorization
NYCT reserves the right to also offer customers conditional authorization for taxicab or car service. Conditional authorization is given to customers subject to verification that the same day pick up problem is the responsibility of NYCT. If, upon investigation, NYCT determines that the problem was the responsibility of the customer, then the taxicab or car service fare is at the expense of the customer, i.e., NYCT will not reimburse the customer for that particular trip. If NYCT determines that the problem was the responsibility of NYCT, then the customer will be reimbursed upon receipt of the necessary documentation.

Restrictions and Penalties
If an AAR customer is offered an alternate trip on AAR with an estimated arrival time of up to 1 hour after the trip is offered, the customer has the option of either waiting for the AAR vehicle or taking a taxicab or car service at their own expense.

• Authorization for taxicab or car service will not be given to customers who are:
  1. Not ready to travel when the vehicle arrives within the 30-minute window
  2. Not at the scheduled location when the AAR vehicle arrives
  3. Finished with their appointments early and want to return prior to the scheduled time

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If you have internet access, go to http://www.mta.info/nyct/paratran/guide.htm to print a copy. Otherwise, call 877-337-2017 press "1" for English and "1" for Customer Information to request a copy.


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