No Show/Cancel at Door/Cancel Late Trips on Paratransit
Revised: September 30, 2015
U.S. DOT REGULATIONS IMPLEMENTING ADA:
49 CFR 37.125(h)
The entity may establish an administrative process to suspend, for a reasonable period of time, the provision of complementary paratransit service to ADA paratransit eligible individuals who establish a pattern or practice of missing scheduled trips.
49 CFR 37.125(h)(1)
Trips missed by the individual for reasons beyond his or her control (including, but not limited to trips which are missed due to operator error) shall not be a basis for determining that such a pattern or practice exists.
49 CFR 37.125(h)(2)
Before suspending service, the entity shall take the following steps:
- Notify the individual in writing that the entity proposed to suspend service, citing with specificity the basis of the proposed suspension and setting forth the proposed suspension;
- Provide the individual an opportunity to be heard and to present information and arguments
- Provide the individual with written notification of the decision and reasons for it
Sporadic passenger incidents of no showing, canceling at the door, and canceling late for requested trips are an expected cost of doing business for a paratransit system. However, as the cost for providing ADA Complementary Paratransit Service is growing and all eligible demand for paratransit trips must be met; excessive no shows, cancels at door, and cancels late adversely affect the efficiency of service to other customers and significantly adds to the cost of operating the system.
DART FIRST STATE DEFINITIONS:
Pattern or Practice of Customer Missing Trips - When there is intentional, repeated or regular actions, not isolated, accidental, or singular incidents of not canceling trips; only actions within the control of the individual count as part of a pattern or practice
Be Ready Time - When the customer calls to reserve their ride, they will be given a 30-minute "pick-up window" in which the vehicle will arrive. If a customer requests a 7:00 am pick-up, they will be advised that their "Be Ready Time" is 7:00 am. The bus is not late unless it has not arrived by 7:30 am.
Advanced Cancellation - When the customer (or the customer's advocate/caregiver) calls and cancels a scheduled trip at least 90 minutes prior to the Be Ready Time.
- If a customer has an early morning trip scheduled for pickup before 6:30 a.m., they will need to leave the cancellation message on the voice mail to be retrieved by the Reservation Center as soon as it opens at 5:00 a.m. or call no later than 5:30 a.m.
Cancel at Door - When the vehicle arrives at the location designated for a specific scheduled trip within 30 minutes of the Be Ready Time and the customer (or the customer's advocate/ caregiver) notifies the operator at that time that they no longer need the scheduled trip.
- The operator will verify the need for any other trips scheduled for that day and advise Dispatch accordingly when calling in the cancel at door.
Cancel Late - When the customer (or the customer's advocate/caregiver) does not call and cancel a scheduled trip at least 90 minutes prior to the Be Ready Time (other than early morning trips as identified above).
No Show - DART defines a No Show when all of the following criteria have occurred:
- The Bus operator will go to the door and attempt to make contact
- If no contact, the Bus Operator will check manifest to ensure correct location/address
- The Bus Operator will wait five (5) minutes after "Be Ready" time
- The Bus Operator will notify the Control Center that the customer is a no show
- The Control Center will verify all information and approve the no show
- The Bus Operator will tag the door with a yellow "No Show" tag
No Shows are EXCUSED when the trip is missed for the reasons beyond the customer's control. A No Show will not be issued for reasons beyond the customer's control; including situations such as sudden illness, family emergencies, weather conditions, or medical appointments that run longer than expected. The customer (or the customer's advocate/caregiver) should ALWAYS make every effort to cancel scheduled trips as soon as it is known that the trip is not needed. It is the customer's (or the customer's advocate/caregiver) responsibility to provide the reasoning for not canceling a trip when contacting DART so that it can be determined if it is an Excused No Show. Contact should be made with DART as soon as reasonably possible. Lack of any contact will result in a No Show being issued. To contact DART, call: 1-800-553-DART.
A point system has been implemented that reflects less of a penalty for a Cancel Late than for a No Show or Cancel at Door.
1 No Show = 2 points
1 Cancel at Door = 2 points
1 Cancel Late = 1 point
Below is a table indicating the volume of No Show/Cancel at Door/Cancel Late points that may be accumulated per calendar month before action will be taken. Please do not consider this as a justification for not canceling trips in advance.
|Number of Actual Trips Booked per calendar month and not cancelled in advance||Number of Points in one calendar month that Establishes that a Pattern or Practice Exists [Once this number of points has been reached, warning letter and/or suspension will occur]|
|1 - 14||4|
|15 - 39||8|
|40 - 59||12|
|60 - 79||16|
|80 - 99||20|
|100 or more||24|
OUTCOME WHEN THERE IS AN ESTABLISHED PATTERN OR PRACTICE
As points accumulate throughout the month, calls will be made and reminder notices mailed advising customer of the process. Reasonable efforts will be made to make the appropriate contact with customer and/or their advocate/caregiver. If the customer continues to accumulate excess number of points as defined above, the following will occur:
|Number of Months Within the Last Six Months that there has been a Pattern or Practice of not cancelling trips when they are not needed||Consequence [Days Loss of Service will be counted as days that service was available for customer to request a trip]|
|1||Final Letter of Warning*|
|2||2 Days Loss of Service|
|3||5 Days Loss of Service|
|4||10 Days Loss of Service|
|5||20 Days Loss of Service|
|6||30 Days Loss of Service|
*Warning Letters will contain all recorded incidents of No Shows, Cancel at Doors, or Cancel Lates that have been received. The customer will be advised that if there are additional incidents, a suspension of services could occur. The customer will be advised to contact DART immediately by phone or in writing if a Warning Letter is received and feel that any of the incidents have been issued in error. Contesting individual incidents should be made by phone or postmarked within ten days of date of the Warning letter. The letter will contain contact information.
If the No Shows have accumulated to a point where a suspension will be activated, the customer (or the customer's advocate/caregiver) may file a verbal or written appeal. An appeal must be filed or postmarked within ten days of date of the Suspension letter:
DART - No Show Coordinator
900 Public Safety Blvd
Dover, DE 19901
Verbal: 800-553-3278, Option 4
Administrative Review - DART's No Show Coordinator or other designated DART staff will review the information provided by the customer (or the customer's advocate/caregiver) and make a decision to either uphold the suspension or to overturn within ten business days.
The Elderly and Disabled Transit Advisory Committee (EDTAC) Appeal Panel - If the Administrative Review upholds the suspension decision, the appeal will automatically be forwarded to the EDTAC Appeal Panel. A date and time will be established for a review of the No Shows. The customer has the option whether or not they want to appear in person. The EDTAC Appeal Panel will make their decision within five business days of the date of the hearing. The decision of the EDTAC will be final.
When filing an appeal, the customer should provide:
- reasons why they think the suspension should not be imposed
- any supporting documentation they may have
Service will be provided to the customer during the appeal of a suspension.