The U.S. Department of Transportation/Federal Transit Administration’s Americans with Disabilities Act (ADA) regulations address the issue of missed trips in complementary paratransit service. The regulations permit New York City Transit (NYCT) to establish an administrative process to suspend, for a reasonable period of time, the provision of paratransit service of customers who establish a pattern or practice of missing scheduled trips, except where the trips are missed for reasons beyond the customer’s control. This Policy implements the federal regulation and applies to advance reservation and subscription trips.
This policy is effective as of November 1, 2021.
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 less than two hours before the scheduled trip time.
NYCT will record each customer "no-show" or "late cancellation" as a missed trip. Customers whose missed trips are excessive, as defined by this Policy, may be suspended for a reasonable period of time. Missed trips for reasons beyond a customer’s control, i.e., missed trips due to driver error, will not be a basis for a pattern or practice of excessive missed trips.
Canceling a Trip
Customers are responsible for cancelling any trips they no longer need at least two or more hours before the scheduled trip.
When canceling a two-way trip, customers must inform Travel Services or Reservations that they are canceling both the original trip at the pick-up location and the return trip from the drop-off location. Return trips are not automatically canceled.
To cancel a trip, customers must call either 877-337-2017 or 718-393-4999. When the recorded message begins, customers should press "1" for English (and then press "4" to speak with a representative) or press "2" for Spanish. For all other languages, press "3." Customers who are deaf/hard of hearing should call through the relay. Follow the recorded instructions.
Pattern/Practice of Excessive Missed Trips
When a customer’s no-shows and/or late cancellations meet both of the below criteria in any given month, it will be considered a violation of this Policy and the customer is therefore subject to suspension.
- Customer no-shows and/or late cancels 30% of the customer’s reserved trips, AND
- The number of no-shows and/or late cancellations exceed 7 trips in that month
Notice of Suspension
Customers in violation of this Policy (whether advance reservation or subscription trips) will receive written notification that the customer has violated the No-Show/Late Cancellation Policy and their AAR paratransit service is subject to suspension. The notice will identify each late cancellation and/or no-show that the customer made and advise the customer of the dates when the suspension is scheduled to begin and end, as well as the date the customer can resume using the AAR paratransit service.
Suspensions
Customers will be subject to the following suspension periods for violations that occur within a rolling 12-month period. The rolling 12-month period is the period in which a customer’s violations can be counted consecutively, starting from the date noted on the suspension notice. For example, the suspension notice is dated March 8, 2021 so the end of the 12-month rolling period is March 7, 2022. Any subsequent violations within that timeframe will then be counted in succession, i.e., 2nd violation, etc. Repeated violations of this Policy will cause the length of the suspensions to increase. For suspensions that are rescinded/waived, the violation will not be counted.
- First violation: Warning Notification, no suspension
- Second violation: 1st suspension (one-week period)
- Third violation: 2nd suspension (two-week period)
- Fourth violation: 3rd suspension (three-week period)
- Fifth/subsequent violation: 4th suspension (four-week period)
In addition, subscription service customers who are suspended due to violations of this Policy will be subject to a 30-day suspension from subscription service for each applicable suspension. The suspended subscription service customer must reapply. However, the request will not be considered until 30 days after the last date of the suspension, e.g., if the suspension ends on May 26, 2021 then the request will not be considered until June 25, 2021.
Right to Appeal
Customers who have been notified of a proposed scheduled suspension from AAR paratransit service have the right to appeal, either in writing or in person, via Zoom, or by telephone.
The Paratransit Appeals Board consists of an individual or panel. Appeal hearings are held at 33-00 Northern Boulevard, Long Island City, NY 11101.
Written Appeals
- Customers must complete and submit the “No-Show/Late Cancellation Suspension Appeal Form”.
- Customers must submit either the “Statement of Appeal Form” or a letter documenting why the customer believes the violations were charged in error and/or should be excused, including any supporting documentation.
- These documents must be postmarked within 14 calendar days of the date of the suspension notice.
In-Person/Zoom/Telephone Appeals
- Customers must complete and submit the “No-Show/Late Cancellation Suspension Appeal Form”.
- This document must be postmarked within 14 calendar days of the date of the suspension notice.
- NYCT will contact the customer to schedule an appeal hearing. Customers must be available to attend the scheduled hearing.
- In-person, Zoom or telephone appeals are by scheduled appointment only. Walk-ins will not be seen.
No suspension will take effect if customers have 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 customers in writing of its decision concerning their appeal. If the suspension is upheld, the notice of decision will provide customers with the beginning and ending dates of the suspension period.