Accessible Taxicabs - Part 2

Accessible Taxicabs in Pennsylvania

          What’s the availability of accessible taxi service in Pennsylvania? Our informal survey of accessible cab service in the state shows that it is very sparse. In the ACT Winter 2001 issue we did a roundup of many accessible taxi services throughout the US ( “Accessible Taxicabs - Part 1 - Accessible Taxi Service Across the County”). The situation here in Pennsylvania is varied, somewhat complicated and definitely not glowing!

Are There Requirements for Pa Taxicab Companies to Provide Wheelchair Accessible Service?

         Under the ADA there are only two provisions that apply to taxicab service

◘ Private entities providing taxi service shall not discriminate against individuals with disabilities by actions including, but not limited to, refusing to provide service to individuals with disabilities who can use taxi vehicles, refusing to assist with the stowing of mobility devices, and charging higher fares or fees for carrying individuals with disabilities and their equipment than are charged to other persons. Sec. 37.29 (c)

◘ Private entities providing taxi service are not required to purchase or lease accessible automobiles. When a provider of taxi service purchases or leases a vehicle other than an automobile, the vehicle is required to be accessible unless the provider demonstrates equivalency as provided in Sec. 37.105 of this part. A provider of taxi service is not required to purchase vehicles other than automobiles in order to have a number of accessible vehicles in its fleet.

          Sec. 37.29 (b)

         Pennsylvania Public Utilities Commission

          In Pennsylvania all local taxicab operators are licenced and regulated by the PA Public Utilities Commission (PUC). This is different from almost all other states in the US where cab service regulation and licensing is handled locally by cities and towns. The PUC regulates and licences taxi operators and companies to run their service in a certain geographic area.

          Currently the PUC does not require taxicab companies to operate any wheelchair accessible cabs in order to be licenced. It may be in the power of the PUC to adopt a policy or position statement with such a stipulation if requested. In the case of Philadelphia, where the PUC sells medallions to companies/individuals to operate cabs, the Commission might provide an incentive for accessible cabs by choosing to offer medallions at lower prices to taxi operators who would run accessible vehicles.

         Pennsylvania Human Relations Act

          The Pennsylvania Human Relations Act of October, 1955, P.L. 744, as amended provides that it is unlawful “for any owner, lessee, proprietor, manager, superintendent, agent or employee of any public accommodation to discriminate against any person in the full use and enjoyment of such public accommodation, on the basis of race, color, religion, sex, ancestry, national origin, handicap or disability, known association with a handicapped or disabled person, use of a guide or support animal due to blindness, deafness or physical handicap or because the user is a handler or trainer of such animals.”

           Under the Act the term ‘public accommodation’ means “any accommodation . . . which is open to or solicits the patronage of the general public” including all “public conveyances operated on land or water or in the air as well as the stations, terminals and airport thereof . . .”

          While this wording with regard to transportation has, to our knowledge, yet to be legally interpreted in case law, it appears it could provide a solid basis for requiring accessible taxicabs as a means to avoid discrimination in providing for “full use and enjoyment” of the public accommodation of taxi service.

The Nature of Taxicab Companies

          Taxicab operators are private businesses. Unlike accessible paratransit services, taxi companies do not receive public money to help underwrite their costs in doing business. So, obviously, a company providing accessible taxi service must have enough business to cover the cost of providing the service and generate some profit for the company. Vehicles that operate as accessible taxis, usually vans of some kind, are more expensive to buy and operate that non-accessible taxi vehicles. Taxi operators with wheelchair accessible cabs on the streets are often directly competing for some customers with publically supported paratransit services that can charge customers lower fares. This can be tough for taxi operators especially in areas where paratransit service is broadly available most hours, most days of the week.

Is Wheelchair Accessible Taxi Service Available in Pennsylvania?

          So far we’ve found two taxi companies in Pa currently providing wheelchair accessible cab service. We’d like to get reports if there are others. Several other cab companies are under mandate to provide service and more on this appears later in this article.

 Reading

          Reading Metro Taxi has been providing wheelchair accessible cab service to the City of Reading and the surrounding 10 mile area since 1990. They currently operate same day metered taxi service with two lift equipped wheelchair accessible vans. One van has places for two wheelchairs and 4 additional passengers. The other has places for one wheelchair and 4 other passengers. A third van has been purchased and is presently being equipped. Rates for accessible taxis are the same as for all other cabs – $.20/minute. The meter starts running when the vehicle is “engaged in service”. In Reading this means once the taxi begins moving with the passenger aboard. It doesn’t include boarding time. Service is provided on a same-day basis although most customers schedule ahead either calling in the morning for an afternoon trip or a day or two in advance. Generally the accessible taxicabs are running “on the street” from 5:00 or 6:00 am to 9:00 or 10:00 at night. Kurt Stricher of Reading Metro Taxi says the company does a lot of business with nursing homes, the Berks County CIL, Abilities in Motion, and other organizations as well as individuals. He says that the accessible taxi vehicles are also used to provide paratransit services for the Berks Area Reading Transportation Authority (BARTA) on weekends and at night. Fees from services to BARTA are part of what makes it financially possible to keep the accessible taxicabs in operation, according to Stricher.

 Pittsburgh

          With the encouragement from promoters of the City of Pittsburgh/Allegheny County Task Force’s Disability Agenda 2000, this past June (2001) the Yellow Cab Company operating in Pittsburgh purchased five ramp equipped, wheelchair accessible minivans for service as taxicabs in Allegheny County.

          Each accessible taxi has a position for one wheelchair and seats for three additional passengers. Six drivers were trained in passenger assistance, safety, disability awareness and defensive driving. The service has only been operating for about two months. Two to three of the accessible taxis are in service during peak periods but accessible cabs are not yet operating 24 hours, 7 days a week. Yellow Cab can provide same day service. However, during this start-up period, company representatives encourage riders to call a day ahead when possible or at least to call in the morning for an afternoon trip. Accessible taxis “on the street” can be hailed by customers both with and without disabilities. Allegheny County disability advocates are pleased that Yellow Cab has made the decision to provide wheelchair accessible taxi service. Local consumers who have used the accessible cabs are exercising patience as bugs are worked out. The expectation is that this will happen over the next 2-4 months.

         Erie

          Consumers report that two ramp equipped, accessible cabs were available in Erie County 24 hours a day in the late 1980's and early 1990's. Kathy Hertzog, one of the users at the time, remembers that she and three other people with disabilities engaged a cab to take them and an attendant from Edinboro to a wedding at a church in Erie, then on to the reception and, later in the day, back to Edinboro – all for a total fare of $76, which they split four ways. Kathy also remembers taking an accessible cab from her home in Edinboro to the airport in Erie. She remembers people who took the cabs to work, to visit family and friends, and to the hospital in emergency situations that did not warrant an ambulance trip, among other things.

          Erie Transportation Compan, which ran the accessible cabs, reports that as LIFT, the local ADA paratransit program in Erie, expanded and grew, the company found it difficult to compete with the lower fares charged by LIFT. As a result, the company’s new management decided not to replace the accessible cabs when they aged and wore out.

Advocacy to Increase Accessible Taxi Service in PA

         Harrisburg

          In Harrisburg disability advocates, led by Vini Portzline, conducted a vigorous campaign to bring accessible taxi service to Harrisburg. Over a long year they held numerous discussions with the local cab companies to obtain accessible cab service. When these discussions failed to produce results, the advocates worked long and hard with city council to shape and adopt an accessible taxi ordinance. Councilperson Zane Phoenix was the sponsor of the ordinance that was passed by the Harrisburg City Council June 12, 2001.

          Unfortunately since the ordinance was passed, many customers with disabilities have been denied accessible cab service by Harrisburg taxi companies. So the next step has been taken and the CIL of Central Pennsylvania has filed complaints with the Harrisburg Human Relations Commission on behalf of consumers denied service by the four cab companies. Fact finding hearings are schedule by the HHRC for late October and early November with consumers and the following cab companies: Capital City Cab Service; Penn-Harris Taxi; West Shore Taxi; Yellow Cab.

Here are key parts of the Accessible Taxicab Ordinance adopted by the City Council of Harrisburg June 12, 2001 and signed by the Mayor June 14, 2001. For the full ordinance contact Linda Reigel, CILCP at 1-800-323-6060.

“An ordinance requiring taxicab providers doing business in the City of Harrisburg to provide handicapped accessible vehicles to service those needing such transportation at a rate no higher than that charged non-handicapped passengers.

          “Section 1.    All taxicab companies providing transportation within the City of Harrisburg shall provide vehicles readily accessible to and useable by individuals with disabilities, including individuals who use wheelchairs and scooters at a rate no higher than that charged non-handicapped passengers.

          “Section 2.    All vehicles accessible by individuals with disabilities that are clearly marked as such and are in the service of providing transportation to a person with a disability may utilize those parking spaces reserved for handicapped individuals.

          “Section 3.    Each taxi cab company operating within the City of Harrisburg shall provide a level of service, including but not limited to, response time and fee, which is comparable to the level of services provided to individuals without disabilities such taxi cab service.

          “Section 4.    The provisions of this ordinance shall be enforced by the Executive Director of the Harrisburg Human Relations Commission or his/her designee.

         Scranton

          Disability advocates in Scranton are working to get accessible taxicab service there. Keith Williams and other advocates from the CIL of Northeastern PA have been talking with representatives of the local taxi company. As in Harrisburg, the company in Scranton does not appear to want to offer accessible taxi service. Advocates have now contacted City Council to request that an accessible cab ordinance be adopted. So far, Council has responded by passing a motion directing the city solicitor to draft an ordinance. Scranton advocates are pleased with this first step taken by Council and recognize work lies ahead to get the support of the majority of Council members to pass the ordinance.

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          While accessible taxi service is not a high priority for everyone as a regular form of accessible transportation, it is a piece of attaining full transportation parity for people with disabilities.

          The freedom and choice to call or hail an accessible cab – to get spur of the minute transportation, to have access to the full range of transportation possibilities offered to the public – is part of fully participating in the community life of our country.

          In future issues of ACT we plan to report on ongoing advocacy to make accessible cabs a reality in cities and town across Pennsylvania. We think this can be achieved and done in such a way that cab companies find it attractive to provide this service as part of their business. It’s happening elsewhere in the country and it’s time for it to happen in Pennsylvania.