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The bus driver can not ask an elderly or disabled person, sitting in designated priority seating for elderly and handicapped persons, to move.
Why did you not quote the whole rule? The area was clearly a "wheelchair securement location" (the other was already occupied):
Quote:
(j)
(1) When an individual with a disability enters a vehicle, and because of a disability, the individual needs to sit in a seat or occupy a wheelchair securement location, the entity shall ask the following persons to move in order to allow the individual with a disability to occupy the seat or securement location:
(i) Individuals, except other individuals with a disability or elderly persons, sitting in a location designated as priority seating for elderly and handicapped persons (or other seat as necessary); (ii) Individuals sitting in or a fold-down or other movable seat in a wheelchair securement location.
(i) applies to individuals "sitting in a location designated as priority seating for elderly and handicapped persons" - elderly and disabled are excepted from being asked to move.
(ii) applies to individuals "sitting in or a fold-down or other movable seat in a wheelchair securement location" - elderly and disabled are not excepted from being asked to move.
Whether the driver could have told the passenger to leave the bus, and called the police if she refused, would depend on the code of conduct.
Well, sure, but if she speaks English as a second or third language, then she does speak English -- at least well enough to respond to someone asking her to change seats with a reply of "I don't care." That level of English would be all that is required for this type of situation, so, apparently, yes, she speaks English.
Now that's a hoot , i can speak Spanish as a 1 1\2 language , and the only thing that i can do is order a meal and a glass of water.
Clearly she was not understanding. The passengers getting so radical didn't help anything. but, i think they should have a policy and perhaps call the police.....if needed.
Huh? She totally understood what was going on, and I am glad the other passengers got vocal.
You clearly hear her say "I don't care", because she is a selfish old woman. She also has a shopping cart in front of her, if she can tote that around she isn't very disabled.
She was asked in both Spanish and English to move, the young guy behind her said take my seat, all she had to do was get up and walk two feet.
Why did you not quote the whole rule? The area was clearly a "wheelchair securement location" (the other was already occupied):
(i) applies to individuals "sitting in a location designated as priority seating for elderly and handicapped persons" - elderly and disabled are excepted from being asked to move.
(ii) applies to individuals "sitting in or a fold-down or other movable seat in a wheelchair securement location" - elderly and disabled are not excepted from being asked to move.
Whether the driver could have told the passenger to leave the bus, and called the police if she refused, would depend on the code of conduct.
I quited the relevant part. Here is the entire thing.
Quote:
§ 37.167 Other service requirements.
(a) This section applies to public and private entities.
(b) On fixed route systems, the entity shall announce stops as follows:
(1) The entity shall announce at least at transfer points with other fixed routes, other major intersections and destination points, and intervals along a route sufficient to permit individuals with visual impairments or other disabilities to be oriented to their location.
(2) The entity shall announce any stop on request of an individual with a disability.
(c) Where vehicles or other conveyances for more than one route serve the same stop, the entity shall provide a means by which an individual with a visual impairment or other disability can identify the proper vehicle to enter or be identified to the vehicle operator as a person seeking a ride on a particular route.
(d) The entity shall permit service animals to accompany individuals with disabilities in vehicles and facilities.
(e) The entity shall ensure that vehicle operators and other personnel make use of accessibility-related equipment or features required by part 38 of this title.
(f) The entity shall make available to individuals with disabilities adequate information concerning transportation services. This obligation includes making adequate communications capacity available, through accessible formats and technology, to enable users to obtain information and schedule service.
(g) The entity shall not refuse to permit a passenger who uses a lift to disembark from a vehicle at any designated stop, unless the lift cannot be deployed, the lift will be damaged if it is deployed, or temporary conditions at the stop, not under the control of the entity, preclude the safe use of the stop by all passengers.
(h) The entity shall not prohibit an individual with a disability from traveling with a respirator or portable oxygen supply, consistent with applicable Department of Transportation rules on the transportation of hazardous materials (49 CFR subtitle B, chapter 1, subchapter C).
(i) The entity shall ensure that adequate time is provided to allow individuals with disabilities to complete boarding or disembarking from the vehicle.
(j)
(1) When an individual with a disability enters a vehicle, and because of a disability, the individual needs to sit in a seat or occupy a wheelchair securement location, the entity shall ask the following persons to move in order to allow the individual with a disability to occupy the seat or securement location:
(i) Individuals, except other individuals with a disability or elderly persons, sitting in a location designated as priority seating for elderly and handicapped persons (or other seat as necessary);
(ii) Individuals sitting in or a fold-down or other movable seat in a wheelchair securement location.
(2) This requirement applies to light rail, rapid rail, and commuter rail systems only to the extent practicable.
(3) The entity is not required to enforce the request that other passengers move from priority seating areas or wheelchair securement locations.
(4) In all signage designating priority seating areas for elderly persons and persons with disabilities, or designating wheelchair securement areas, the entity shall include language informing persons sitting in these locations that they should comply with requests by transit provider personnel to vacate their seats to make room for an individual with a disability. This requirement applies to all fixed route vehicles when they are acquired by the entity or to new or replacement signage in the entity's existing fixed route vehicles.
[ 56 FR 45621, Sept. 6, 1991, as amended at 58 FR 63103, Nov. 30, 1993]
I quited the relevant part. Here is the entire thing.
Well, you "quited" it is right - you certainly did not quote it. She was "sitting in or a fold-down or other movable seat in a wheelchair securement location" - how is that not relevant? According to j(ii), she can be asked to move.
I'll just have to ignore anything you quote from here on out as being unreliable.
Well, you "quited" it is right - you certainly did not quote it. She was "sitting in or a fold-down or other movable seat in a wheelchair securement location" - how is that not relevant? According to j(ii), she can be asked to move.
I'll just have to ignore anything you quote from here on out as being unreliable.
Again the exception:
Quote:
Individuals, except other individuals with a disability or elderly persons, sitting in a location designated as priority seating for elderly and handicapped persons (or other seat as necessary);
Individuals with disability or elderly persons, sitting in a location designated as priority seating for elderly and handicapped persons are the exception. None of that applies to them. She was sitting in priority seating for elderly and handicapped persons, as is evident by sign on the window.
Individuals with disability or elderly persons, sitting in a location designated as priority seating for elderly and handicapped persons are the exception. None of that applies to them. She was sitting in priority seating for elderly and handicapped persons, as is evident by sign on the window.
Are you this woman? You seem to care a lot about the intricacies of this law. She was being a jerk. The guy in the wheelchair needed that space far more than she did and yet refused to move. But go on, keep defending her since you know everything about how deserving she is of that seat.
I guess no US cities or major military installations were blown up this week.
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Again the exception:
