Appendix A to Part 609 - Elderly and Handicapped
49:7.1.2.1.6.0.1.5.36 : Appendix A
Appendix A to Part 609 - Elderly and Handicapped
The definitions of the term elderly and handicapped as
applied under FTA's elderly and handicapped half-fare program (49
CFR part 609) shall apply to this rule. This permits a broader
class of handicapped persons to take advantage of the exception
than would be permitted under the more restrictive definition
applied to the non-discrimination provisions of the Department's
section 504 program (49 CFR 27.5), which includes only handicapped
persons otherwise unable to use the recipient's bus service for the
general public.
Accordingly, for the purposes of this part, the definition of
elderly persons may be determined by the FTA recipient but
must, at a minimum, include all persons 65 years of age or
over.
Similarly, the definition of handicapped persons is
derived from the existing regulations at 49 CFR 609.3 which provide
that Handicapped persons means those individuals who, by
reason of illness, injury, age, congenital malfunction, or other
permanent or temporary incapacity or disability, including those
who are nonambulatory wheelchair-bound and those with
semi-ambulatory capabilities, are unable without special facilities
or special planning or design to utilize mass transportation
facilities and services as effectively as persons who are not so
affected.
To assist in understanding how the definitions might be applied
to administration of the charter rule, the following questions and
answers previously published by FTA for the half-fare program in
FTA C 9060.1, April 20, 1978, are reproduced:
1. Question: Can the definition of elderly or
handicapped be restricted on the basis of residency,
citizenship, income, employment status, or the ability to operate
an automobile?
Answer: No. Section 5(m) is applicable to elderly and
handicapped persons. It is FTA's policy that such categorical
exceptions are not permitted under the Act.
2. Question: Can the eligibility of temporary
handicaps be restricted on the basis of their duration?
Answer: Handicaps of less than 90 days duration may be
excluded. Handicaps of more than 90 days duration must be
included.
3. Question: Can the definition of handicap be
limited in any way?
Answer: FTA has allowed applicants to exclude some
conditions which appear to meet the functional definition of
handicap provided in section 5302(a)(5) of the Federal
transit laws (49 U.S.C. Chapter 53). These include pregnancy,
obesity, drug or alcohol addiction, and certain conditions which do
not fall under the statutory definition (e.g., loss of a finger,
some chronic heart or lung conditions, controlled epilepsy, etc.).
Individuals may also be excluded whose handicap involves a
contagious disease or poses a danger to the individual or other
passengers. Other exceptions should be reviewed on a case-by-case
basis.
4. Question: Is blindness considered a handicap under
Section 5(m)?
Answer: Yes.
5. Question: Is deafness considered a handicap under
section 5(m)?
Answer: As a rule, no, because deafness, especially on
buses, is not considered a disability which requires special
planning, facilities, or design. However, deafness is recognized as
a handicap in the Department of Transportation's ADA regulation,
and applicants for Section 5 assistance are encouraged to include
the deaf as eligible for off-peak half-fares.
6. Question: Is mental illness considered a handicap
under section 5(m)?
Answer: As a rule, no, because of the difficulty in
establishing criteria or guidelines for defining eligibility.
However, FTA encourages applicants to provide the broadest possible
coverage in defining eligible handicaps, including mental
illness.
7. Question: Can operators delegate the responsibility
for certifying individuals as eligible to other agencies?
Answer: Yes, provided that such agencies administer the
certification of individuals in an acceptable manner and are
reasonably accessible to the elderly and handicapped. Many
operators currently make extensive use of social service agencies
(both public and private) to identify and certify eligible
individuals.
8. Question: Can operators require elderly and
handicapped individuals to be recognized by any existing agency
(e.g., require that handicapped persons be receiving Social Service
or Veterans' Administration benefits)?
Answer: Recognition by such agencies is commonly used to
certify eligible individuals. However, such recognition should not
be a mandatory prerequisite for eligibility. For example, many
persons with eligible temporary handicaps may not be recognized as
handicapped by social service agencies.
9. Question: Can the operator require that elderly and
handicapped persons come to a central office to register for an
off-peak half-fare program?
Answer: FTA strongly encourages operators to develop
procedures which maximize the availability of off-peak half-fares
to eligible individuals. Requiring individuals to travel to a
single office which may be inconveniently located is not consistent
with this policy, although it is not strictly prohibited. FTA
reserves the right to review such local requirements on a
case-by-case basis.
10. Question: Must ID cards issued by one operator be
transferable to another?
Answer: No. However, FTA encourages consistency among
off-peak procedures and the maximizing of availability to eligible
individuals, especially among operators within a single urban area.
Nevertheless, each operator is permitted to require its own
certification of individuals using its service.
11. Question: Can an operator require an elderly or
handicapped person to submit to a procedure certifying their
eligibility before they can receive half-fare? For example, if an
operator requires eligible individuals to have a special ID card,
can the half-fare be denied to an individual who can otherwise give
proof of age, etc, but does not have an ID card?
Answer: Yes, although FTA does not endorse this
practice.
[53 FR 53356, Dec. 30, 1988. Redesignated and amended at 61 FR
19562, May 2, 1996]