840-RICR — Public Transit Authority

Chapter 00

Subchapter 00

840-RICR-00-00-1 Reduced Fare Bus Pass Program for Seniors and Individuals with Disabilities

840-RICR-00-00-1 § 1.1 Purpose

RIPTA’s Reduced Fare Bus Pass Program (the “Program”) enables seniors (aged 65 or over) and individuals with qualifying disabilities (collectively “Eligible Individuals”) to ride the RIPTA system at reduced fare rates, as such rates are set by RIPTA in accordance with its authority to set fares under R.I. Gen. Laws § 39-18-4. To qualify for reduced fares, individuals must obtain a Reduced Fare Bus Pass as provided in this Program, which supersedes all prior programs, policies and procedures regarding reduced fares.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-06-19 to 01/04/2022
• Adoption — effective from 2016-01-12 to 06/19/2018
• Technical Revision — effective from 2009-02-23 to 01/12/2016
• Adoption — effective from 2009-02-23 to 02/23/2009

840-RICR-00-00-1 § 1.2 Program Eligibility

A.Individuals may qualify for the Program as follows:

1.Proof of Identification. To qualify, an applicant must provide one of the following as proof of identification:

a.Driver's license

b.U.S. Passport

c.State Identification Card

d.Veterans Administration ID Card

2.Qualifying as a Senior. To qualify as a senior, individuals must show proof of age by providing any one of the following:

a.Driver's License

b.Passport

c.Medicare Card

d.Green Card/Citizenship Papers

3.Qualifying as a Person with a Disability. To qualify as a person with a disability, individuals must provide one of the following:

a.A current SSI/SSDI Award Letter

b.Department of Veterans Affairs Letter (with disability rating at or above 40%)

c.In the event that an applicant does not have any of the foregoing documentation, the applicant may present a letter from a treating physician with a medical diagnosis that would qualify the applicant as disabled for purpose of receiving SSI/SSDI benefits, with such diagnosis subject to verification by RIPTA. The letter must be signed by the physician and must include his/her medical license number. In the event that an applicant is unable to present such medical documentation, RIPTA will consider other documentation and factors on a case-by-case basis.

d.A Certification of Disability issued by the Rhode Island Office of Rehabilitative Services (“ORS”) showing that they have a disability that would qualify them for SSDI or SSI benefits.

B.An individual who establishes eligibility as a senior or a person with a qualifying disability will be entitled to either an “All Day Pass” or a “Limited Day Pass.” All Day Passes will permit Eligible Individuals to ride a RIPTA bus at any time for a reduced fare. However, no fare reduction will apply on special service routes or over-crowded routes, as determined by RIPTA. Limited Day Passes will permit Eligible Individuals to ride a RIPTA bus for a reduced fare during non-peak ridership hours. Non-peak hours are as follows:

1.Weekdays: Before 7:00 a.m.; between 9:00 a.m. and 3:00 pm.; and after 6:00 p.m.

2.Weekends & holidays: All day.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-06-19 to 01/04/2022
• Adoption — effective from 2016-01-12 to 06/19/2018
• Technical Revision — effective from 2009-02-23 to 01/12/2016
• Adoption — effective from 2009-02-23 to 02/23/2009

840-RICR-00-00-1 § 1.3 Requirements of Income Eligibility

A.Whether an Eligible Individual is able to obtain an All Day or Limited Day Pass will depend on that individual’s income. All Day Passes will be available to Eligible Individuals whose income falls below the income means-test established by the Rhode Island Executive Office of Health and Human Services (“EOHHS”). The means test threshold is currently set at 200% of the federal poverty level. Limited Day Passes will be available to Eligible Individuals whose income falls above the means test threshold.

1.Note that this threshold is subject to change. In addition, RIPTA reserves the right to waive the income requirements for special programs, or to enter into contracts that may provide bus passes that may deviate from this policy. No contracts or waivers shall affect the provisions regarding use of bus passes.

B.To qualify for an All Day Pass, an Eligible Individual must provide one of the following:

1.IRS Tax Account Transcript (most recent year)

2.SSI Award Letter

3.Medicaid Eligibility Letter (most recent year)

4.RI DHS Supplemental Income Verification Notice

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-06-19 to 01/04/2022
• Adoption — effective from 2016-01-12 to 06/19/2018
• Technical Revision — effective from 2009-02-23 to 01/12/2016
• Adoption — effective from 2009-02-23 to 02/23/2009

840-RICR-00-00-1 § 1.4 Reduced Fare for Attendants

Individuals who accompany and assist Eligible Individuals who are blind or who use a wheelchair will qualify for a reduced fare. Passes issued to blind individuals or individuals who use a wheelchair will indicate that an attendant who accompanies and assists those individuals will be entitled to a reduced fare.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-06-19 to 01/04/2022
• Adoption — effective from 2016-01-12 to 06/19/2018
• Technical Revision — effective from 2009-02-23 to 01/12/2016
• Adoption — effective from 2009-02-23 to 02/23/2009

840-RICR-00-00-1 § 1.5 Applying for a Reduced Fare Bus Pass

A.There are three ways to obtain applications for Reduced Fare Bus Passes:

1.Web Download: From the RIPTA website – www.ripta.com.

2.Request by Phone: Call RIPTA Customer Service at 401-781-9400.

3.In Person: At RIPTA ID Office, 1 Kennedy Plaza, Providence RI 02903 (Monday-Thursday, 9 AM to 4 PM); or RIPTA Information Desk, 705 Elmwood Avenue, Providence RI 02907 (Monday-Friday, 9 AM to 4 PM)

B.Applications may be hand-delivered to the RIPTA offices above or mailed to the Elmwood Avenue office.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-06-19 to 01/04/2022
• Adoption — effective from 2016-01-12 to 06/19/2018
• Technical Revision — effective from 2009-02-23 to 01/12/2016
• Adoption — effective from 2009-02-23 to 02/23/2009

840-RICR-00-00-1 § 1.6 Application Processing

RIPTA staff will confirm the information provided in the application(s) and notify applicants within 21 business days of their status. Applicants approved to receive Reduced Fare Bus Passes will be scheduled for an appointment to have their photograph taken and receive their pass. If an applicant has an existing reduced fare bus pass that was issued after January 1, 2013, there shall be no charge for a new pass. If an applicant has an existing pass that was issued before January 1, 2013, there will be a $10.00 administrative charge for the pass, which shall be payable by cash, money order, or by other means as established by RIPTA in the future. Individuals must present valid photo identification (e.g., a driver's license, passport or other acceptable government-issued identification) to obtain a pass.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-06-19 to 01/04/2022
• Adoption — effective from 2016-01-12 to 06/19/2018
• Technical Revision — effective from 2009-02-23 to 01/12/2016
• Adoption — effective from 2009-02-23 to 02/23/2009

840-RICR-00-00-1 § 1.7 Pass Renewals

Passes will be valid for two years. After a pass expires, the holder of the pass must reapply in accordance with the provisions of this Program. However, RIPTA reserves the right to decrease or increase the duration of time for which a pass shall be valid.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-06-19 to 01/04/2022
• Adoption — effective from 2016-01-12 to 06/19/2018
• Technical Revision — effective from 2009-02-23 to 01/12/2016
• Adoption — effective from 2009-02-23 to 02/23/2009

840-RICR-00-00-1 § 1.8 Replacement Passes

Replacement of lost or stolen passes must be requested in person. A damaged bus pass must be returned to RIPTA in order to obtain a replacement. A fee of $20 will be charged for all replacement passes.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-06-19 to 01/04/2022
• Adoption — effective from 2016-01-12 to 06/19/2018
• Technical Revision — effective from 2009-02-23 to 01/12/2016
• Adoption — effective from 2009-02-23 to 02/23/2009

840-RICR-00-00-1 § 1.9 Applicable Fares

Passes issued under this Program are only valid for the purpose of qualifying for a reduced fare. The fare paid by a pass-holder is subject to change based on any fare change instituted by RIPTA. Passes do not entitle the pass-holder to transportation on the RIPTA system.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-06-19 to 01/04/2022
• Adoption — effective from 2016-01-12 to 06/19/2018
• Technical Revision — effective from 2009-02-23 to 01/12/2016
• Adoption — effective from 2009-02-23 to 02/23/2009

840-RICR-00-00-1 § 1.10 Use of RIPTA Bus Passes

All passes issued under this Program must be kept in the possession of the qualifying person at all times while riding RIPTA services. RIPTA bus passes are electronic and must register on the farebox to be accepted. Drivers have the right to verify the photo ID of the user.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-06-19 to 01/04/2022
• Adoption — effective from 2016-01-12 to 06/19/2018
• Technical Revision — effective from 2009-02-23 to 01/12/2016
• Adoption — effective from 2009-02-23 to 02/23/2009

840-RICR-00-00-1 § 1.11 Improper Use of RIPTA Bus Passes

A.RIPTA reserves the right to confiscate or revoke any bus pass that has been used improperly. Improper use includes:

1.Using an expired pass;

2.Using someone else’s pass;

3.Defacing a pass;

4.Sharing or selling a pass; or

5.Improperly or fraudulently obtaining a pass.

B.An individual who improperly uses his/her bus pass may be suspended from the Program for a period of one year, after which the individual may reapply. Any further improper use shall result in a permanent revocation of the individual’s pass and expulsion from the Program.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-06-19 to 01/04/2022
• Adoption — effective from 2016-01-12 to 06/19/2018
• Technical Revision — effective from 2009-02-23 to 01/12/2016
• Adoption — effective from 2009-02-23 to 02/23/2009

840-RICR-00-00-1 § 1.12 Appeals

A.A person may choose to file an appeal if his/her application is denied or his/her pass is confiscated or revoked. Additional information or any extenuating circumstances can be provided as part of the appeal. An appeal must be filed in writing within 20 business days to:

1.RIPTA Customer Service Manager, Bus Pass Program, 705 Elmwood Avenue, Providence RI 02907

B.The Customer Service Manager will review all relevant materials, investigate the matter, consult with other parties as necessary, and render a decision within 21 business days of receiving the appeal

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-06-19 to 01/04/2022
• Adoption — effective from 2016-01-12 to 06/19/2018
• Technical Revision — effective from 2009-02-23 to 01/12/2016
• Adoption — effective from 2009-02-23 to 02/23/2009

840-RICR-00-00-2 Eligibility for RIPTA's Americans with Disabilities Act (ADA) Paratransit Service

840-RICR-00-00-2 § 2.1 Authority

A.RIPTA hereby adopts regulations to implement the provisions of the Federal ADA Paratransit Regulations, which are codified at 49 C.F.R. §§ 37.123, 37.125 and 37.127 and explained at 49 C.F.R. Part 37, Appendix D.

B.RIPTA’s regulations delineate the standards and procedures for an individual to be deemed eligible for RIPTA’s ADA Paratransit Services and receive complimentary paratransit services.

C.More detailed information regarding RIPTA's ADA Paratransit Services may be found at http://www.ripta.com/ride-paratransit-services.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-04-04 to 01/04/2022
• Amendment — effective from 2017-04-04 to 04/04/2017
• Adoption — effective from 2004-01-07 to 04/04/2017

840-RICR-00-00-2 § 2.2 Incorporated Materials

These regulations hereby adopt and incorporate 49 C.F.R. §§ 37.123, 37.125 and 37.127 (2017) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-04-04 to 01/04/2022
• Amendment — effective from 2017-04-04 to 04/04/2017
• Adoption — effective from 2004-01-07 to 04/04/2017

840-RICR-00-00-2 § 2.3 Standards for ADA Paratransit Eligibility (49 C.F.R. § 37.123)

A.An individual may be eligible for ADA paratransit services on the basis of a permanent or temporary disability.

B.If an individual meets the ADA eligibility criteria with respect to some trips but not others, RIPTA has the right to limit the individual’s eligibility only to those paratransit trips for which he or she meets the eligibility criteria.

C.An individual must meet the criteria of at least one of the below-described categories to be eligible for ADA paratransit services:

1.Category 1: Any individual with a disability who is unable, as a result of physical or mental impairment (including a vision impairment or cognitive 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 RIPTA’s fixed route public transit system that is readily accessible to and usable by individuals with disabilities.

a.Eligibility in Category 1 is based on an individual’s inability to board, ride or disembark independently on a RIPTA fixed route bus, as a result of his or her disability.

2.Category 2: 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 RIPTA vehicle, if that individual wishes to travel on a route on RIPTA’s system during hours of operation at a time, or within a reasonable period of time, when such vehicle is not being used to provide designated public transportation on the route.

a.Category 2 applies to an ADA eligible individual, who could use accessible fixed route transportation, but such accessible transportation is not available within a reasonable period of time on the fixed route that the individual would like to travel. This category is route based, not system based. All RIPTA vehicles have wheelchair ramps or lifts and other riding assistance devices. Category 2 refers to incidents when a vehicle device is not functioning RIPTA will transport the individual within a reasonable period of time by alternative vehicles.

3.Category 3: Any individual with a disability who has a specific impairment-related condition that prevents such individual from traveling to a boarding location or from a disembarking location on RIPTA’s system.

a.Category 3 concerns an individual who has a specific impairment-related condition that prevents him or her from getting to and from a fixed route stop. Under the ADA, this category should be construed narrowly. The key eligibility criterion concerns the interaction between an individual's impairment and an environmental barrier (whether distance, weather, terrain or architectural barriers).

D.RIPTA reserves the right to recertify an individual's eligibility at reasonable intervals to ensure that changed circumstances have not invalidated or altered the individual's ADA eligibility.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-04-04 to 01/04/2022
• Amendment — effective from 2017-04-04 to 04/04/2017
• Adoption — effective from 2004-01-07 to 04/04/2017

840-RICR-00-00-2 § 2.4 RIPTA’s Process to Determine ADA Paratransit Eligibility (49 C.F.R. § 37.125)

A.All information about the eligibility process, including applications for eligibility, notices and determinations concerning eligibility, shall be made available in accessible formats, upon request.

B.Requests for the ADA Paratransit Application shall be made to RIPTA in writing, by phone, or via email or in person.

C.An application may be submitted by mail or in person. If an individual has not received a determination of eligibility within twenty-one (21) days following the receipt by RIPTA of a complete application, the applicant shall be treated as eligible and receive service until and unless RIPTA denies the application.

D.If the RIPTA Ride office determines an individual to be eligible for ADA Paratransit Service, a confirmation letter shall be sent to that individual. The letter shall include RIPTA's name, the telephone number of the RIPTA Ride Customer Service Office, an expiration date for eligibility, and any conditions or limitations on the individual's eligibility, including the use of a personal care attendant.

E.The following procedures shall apply in the case of a denial of ADA paratransit eligibility:

1.A denial letter shall be sent to the applicant and shall state specifically the reasons for the finding. The letter will include materials about the RIPTA Reduced Fare Bus Pass Program for Seniors and Individuals with Disabilities.

2.The applicant may appeal the denial decision within sixty (60) days and may reapply for ADA Paratransit service in the future if there has been any change in his or her condition.

3.The applicant must submit his or her appeal in writing or via e-mail to the attention of RIPTA’s Executive Director of Paratransit Services. As part of the appeal, the applicant may supply additional information pertaining to his or her disability.

4.RIPTA’s Chief Executive Officer has designated the Executive Director of Paratransit Services (EDPS) to review the appeal, provided that the EDPS was not involved in the initial decision to deny eligibility. In such incidents the RIPTA Chief Legal Counsel shall review the appeal.

5.RIPTA’s Executive Director of Paratransit Services or his/her designee will hold an appeal hearing within fourteen (14) days of the receipt of the appeal letter. The hearing will give the applicant, and his or her representatives, an opportunity to be heard and to present information and arguments. The applicant will receive a written notification of RIPTA’s decision on the appeal.

6.RIPTA is not required to provide paratransit service pending the determination on appeal. However, if RIPTA has not made a decision within thirty (30) days of the completion of the appeal hearing, paratransit service shall be provided to the applicant from that time until and unless a decision to deny the appeal is issued.

F.RIPTA may suspend, for a reasonable period of time, the provision of paratransit service to an ADA certified individual who displays an unacceptable pattern or practice of missed trips during a six-month period. Before suspending service, RIPTA shall provide the individual with written notice explaining the basis for the suspension, setting forth the proposed sanction and alerting the individual of his or her right to appeal the decision in writing within sixty (60) days to RIPTA’s Executive Director of Paratransit Services for review and determination. Upon RIPTA’s receipt of an appeal of the suspension, RIPTA’s Executive Director of Paratransit Services will hold an appeal hearing within fourteen (14) days. At the appeal hearing, the appellant will have the opportunity to be heard and to present written and oral information. RIPTA will issue a written decision on the appeal within thirty (30) days of the completion of the appeal hearing. The proposed sanction is stayed pending the outcome of the appeal.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-04-04 to 01/04/2022
• Amendment — effective from 2017-04-04 to 04/04/2017
• Adoption — effective from 2004-01-07 to 04/04/2017

840-RICR-00-00-2 § 2.5 Complimentary Paratransit Service for Visitors (49 C.F.R. § 37.127)

A.RIPTA will treat as eligible for its ADA paratransit services any visiting individual, regardless of place of residence, who presents documentation that he or she is eligible for ADA paratransit services in the jurisdiction in which he or she resides.

B.With respect to visitors with disabilities who do not present documentation of ADA eligibility within their place of residence, RIPTA will require documentation of the individual’s place of residence and, if the individual’s disability is not readily apparent, of his or her disability (e.g., a letter from a physician or rehabilitation professional). Once this documentation is presented to RIPTA’s satisfaction, RIPTA will make paratransit service available on the basis of the individual’s certification that he or she is unable to use a fixed route transit system.

C.RIPTA shall make paratransit service available to a visitor for any combination of twenty-one (21) days during the 365-day period beginning with the visitor’s first use of RIPTA’s service during such 365-day period. Any visitor seeking service beyond this aggregate twenty-one (21) day period must complete an application for RIPTA eligibility certification in accordance with § 2.4 of this Part.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-04-04 to 01/04/2022
• Amendment — effective from 2017-04-04 to 04/04/2017
• Adoption — effective from 2004-01-07 to 04/04/2017