(Effective 8/7/18)

Introduction

Customer use of New York City Transit (NYCT) bus, subway and/or Access-A-Ride (AAR) paratransit service is subject to compliance with the Metropolitan Transportation Authority’s (MTA) Rules of Conduct. These rules apply to all transportation conveyances and facilities.

AAR is operated in compliance with the Americans with Disabilities Act (ADA) and the ADA permits the refusal of paratransit service to AAR customers who engage in violent, seriously disruptive or illegal conduct (49 CFR §37.5).  Section 1035 of the MTA rules governing paratransit service implements the enforcement of ADA-permitted suspensions/terminations.  All AAR customers must adhere to the policies and rules pertaining to the AAR service and are responsible for the conduct of their Personal Care Attendants and guests, including children.  Customers may be refused service for engaging in any acts of misconduct including, but not limited, to those noted below.  Misconduct may result in the loss of paratransit service whether it occurs in the context of traditional Access-A-Ride, the AAR MetroCard program, the e-Hail pilot program, or any other program or service offered by NYCT. 

Prohibited Conduct includes:

  • Acts of violence, terrorism and/or illegal conduct including those that cause or may tend to cause injury and/or harm to oneself or others
  • Threats of violence or terrorism, harassment and/or conduct that poses a direct threat or significant risk to oneself or others
  • Conduct resulting in inappropriate physical contact with oneself or others
  • Disruptive or abusive language including derogatory remarks about race, ethnicity, religion, gender identity, sexual preference, or disability
  • Carrying or bringing any item(s), dangerous instrument(s) and/or weapon(s) that may present a danger or hazard
  • Conduct that interferes with customer traffic and/or impedes paratransit service
  • Littering, dumping garbage, liquids or other matter and/or creating a nuisance, hazard or unsanitary condition (including, but not limited to, spitting or urinating)
  • Destructing, defacing, destroying or otherwise vandalizing of AAR property
  • Smoking or carrying an open flame or lighted match, cigar, cigarette, pipe or torch
  • Drinking or possessing any opened unsealed container/s of alcoholic beverage 
  • Conduct that demonstrates an intent to defraud or constitutes a theft of service
  • Intentionally providing false information with respect to PCA and/or guest reservations

Please note that assaulting an MTA employee is a crime punishable by up to 7 years in prison.

Enforcement

NYCT reserves the right to refuse service to any customers who engage in violent, seriously disruptive or illegal conduct to the extent permitted by the ADA.  In the case of suspensions or terminations for violent, seriously disruptive or illegal conduct during a paratransit trip, the individual will be subject to immediate suspension/termination but will be entitled to a post-suspension/termination appeal.  NYCT will follow the applicable appeal process but reserves the right to conduct the appeal hearing by telephone conference.

Appeal Process 

Except for suspensions or terminations for violent, seriously disruptive or illegal conduct, NYCT will notify the customer in writing before suspending or terminating his/her service. The notice will identify the specific conduct that lead to the suspension or termination as well as the duration of any suspension.  The customer will have an opportunity to be heard and to present information and arguments as to why the suspension or termination should not be imposed.  Following this process, NYCT will notify the customer in writing of its final decision and the reasons for it.