ADA "NO-SHOW" POLICY
MART has established the following “No-Show” policy for paratransit riders. Passengers who establish a pattern or practice of excessive “No Shows” shall be subject to suspension of service. This policy is necessary in order to recognize the negative impact “No Shows” have on other passengers and service provided.
A passenger is considered a “No Show” if the passenger fails to board at the scheduled pick up locations when the driver has waited 5 minutes during the 20 minutes pick up window. MART has a 20 minute pick up window that means your ride can arrive anytime from your scheduled pick up time until 20 minutes after your scheduled pick up time.
Example your scheduled pick up time is 9:00am the van can arrive anytime between 9:00am-9:20am.
Riders must be ready during the entire twenty (20) minute pick-up window and a driver will only wait 5 minutes before leaving for the next pick-up.
Example if a driver arrives at 9:20 the driver will wait until 9:25 before leaving.
If your van arrives before your scheduled pick up time the rider does not have to board the van until the schedule pick up time but the driver will only wait until 5 minutes after the scheduled time.
Example- if your scheduled pick up time is 9:00am and the van arrives at 8:50am you do not have to board the van until your scheduled time but the driver will only wait until 9:05 before leaving for the next pick up.
An individual is considered a "No-Show" if he/she is not available for pick-up as described above.
Each leg of a rider’s trip will be treated separately. If a rider misses a scheduled pick up, MART will not cancel that rider’s return trip. If the client does not appear for that return trip, that incident will be counted as a second no show. A rider will be counted as a no show for each leg of any trip for which they fail to cancel and do not appear.
Riders will not be penalized for no shows or late cancellations due to circumstances beyond their control.
Example: but not limited to, power outage, family emergency, illness or due to carrier error.
Excessive violations may or may not exceed 15% of the total trips taken in a three (3) month rolling period. Passengers with excessive no shows will be subject to sanctions as described below.
Please note frequency of use will be considered when determining a pattern or practice of no shows.
First No Show——— Written Warning
Second No Show——— Written Warning
Subsequent No Shows———Phone Call/Written Warning
*** If number of violations is above 15% of the average number of monthly trips, for a three (3) month rolling period and establishes a clear pattern or practice of no shows, a three day suspension will be issued. A pattern or practice involves intentional, repeated or regular no shows.
Example: Rider takes an average of 25 trips per a month multiply it by 15% to find the number of written warnings that can be received before a client receives a suspension notice. 25*15%=3.75, rider will receive 4 warnings before being issued a suspension. Example of establishing a clear pattern of no shows but not limited to, rider is a no show every Monday for rider or rider is no show every day after a Holiday.
After a three day suspension the process of written warnings will begin again. At that point violations that go beyond 15% of the average number of monthly trips will result in a seven day suspension. The process will repeat itself for ten and fifteen day successive suspension periods.
FIRST and SECOND OFFENSE – You will be notified in writing of the violation. The written notification will appraise you of your ability to invoke the appeal procedure established by MART. An appeal form will be attached to each warning letter. (Refer to appeal process on next page.)
SUBSEQUENT OFFENSE – MART will call you and you will be notified in writing of the pending suspension. The suspension will be effective 30 calendar days from the date of the letter. A passenger will be able to use the service during these 30 calendar days before the suspension begins. The written notification will include the offense, the date of the offense, the effective date of the suspension, the length of the suspension, and the appeal process to be followed. An appeal form will be attached to each warning letter. (Refer to appeal process on next page)
ALL VIOLATIONS REMAIN ON RECORD FOR THREE MONTHS
APPEALS – Any warning or suspension may be appealed through the administrative procedure established by MART and which is a part of this program description. In the case of a suspension, individuals may use the MART service once their appeal is received in the MART office and they may continue using the service until the appeal process is complete. Appeals should be addressed to the Administrator, MART, 1427R Water St., Fitchburg, MA 01420.
REVISED OCTOBER 2016
If your ADA Paratransit Eligibility determination results in a finding of your being ineligible to receive complementary paratransit service and you feel that this determination has been made in error, you have the right to appeal this determination. Or, if you receive notice of a warning or temporary suspension based on violation of program rules, you have the right to appeal the determination.
To file an appeal if you are ineligible, you must notify the Montachusett Regional Transit Authority, either in writing or in person, within 60 days of the date on the letter advising you that you are ineligible. To file an appeal for a pending warning or suspension, you must notify the Montachusett Regional Transit Authority, either in writing or in person, within 30 days of the date on the letter advising you of the pending warning/suspension. Your written appeal may state your reasons why you feel that the determination of ineligibility or the warning/suspension issued is unjust. After your appeal is received, a hearing will be scheduled to evaluate your case. This hearing process will allow you to present information and arguments on your behalf. You may have others who are knowledgeable of your physical and/or mental limitations speak on your behalf. Applicants who need accommodations should request this in advance. For example, MART will pay for a sign interpreter for a deaf person or a reader for a blind person.
After the hearing you will be advised in writing, and in accessible formats as appropriate, and within reason, of the decision of the appeal board. For other than ADA Paratransit Eligibility determinations the advisory board will present its decision to the MART Administrator for confirmation. If an advisory board’s negative decision is confirmed by the Administrator, his ruling will be final.
The Montachusett Regional Transit Authority is not required to provide you with complementary paratransit service while your appeal is under consideration. However, for suspension, complementary paratransit service will be provided from the day after which MART receives a letter appealing the suspension until the advisory board has rendered its decision. If the appeal board has not made its decision within 30 days of the date on your written request for appeal, you are entitled to complementary paratransit service from that time until a final decision is made.
For consistency one staff person reviews all applications. Any questions or concerns raised by this individual are discussed and reviewed with the ADA program manager. In particular, all decisions to deny ADA eligibility are discussed with the program manager. If the ADA program manager confirms the decision to deny eligibility a notice of denial, which is part of the application form, is sent to the applicant including the reason for denial and the procedure which may be utilized to appeal the decision. All notices sent to an applicant will be in a format, within reason, that can be utilized by the applicant.
The appeal board for warnings or suspensions will consist of a MART representative who is familiar with ADA guidelines but was not a part of the initial determination procedure, one member of the local disabled community and one member of the ADA paratransit committee.
Rules of Operation are available in large print or on audio cassette for visually impaired individuals
REVISED OCTOBER 2016
The following is an example of circumstances that would lead to a rider being suspended from ADA service:
Rider 1 has received 2 written warnings for violating MART’s “No-Show” policy. Rider 1 is a “no-show” for the third time. The administrative office counts the number of rides that Rider 1 has taken in the last three months. The number of rides taken by Rider 1 is 75 rides divided by 3 months equals 25 rides per month. Rider 1 averages 25 rides; 25*15%=3.75. The Rider 1 will receive 4 warnings before being given a three (3) day suspension. An evaluation of pattern or practice is then performed – does Rider 1 “no-show” on a particular day of the week or some other predictable circumstance. With this third “no-show” Rider 1 is sent a third written warning. Rider 1 in that same letter is also told of the appeals process and his/her right to appeal. No further actions were needed.