ADA Policy

Requests for reasonable modification may be addressed by calling the Executive Director or Chief Operating Officer at 910-346-2998; or by submitting an online request through OUTS website; or writing to the following address:

Onslow United Transit System, Inc. 
Executive Director
PO Box 1548
Jacksonville, NC  28541

Requests must include the following elements:

1. 1. Description of what the individual needs in order to use the service.
   2. Individual’s contact information

Request Procedures are the same as the comment and complaint procedures. During initial client eligibility determination, individuals are encouraged to inform OUTS staff of any other concerns or issues not discussed. If information is not provided in advance, Executive Director or Designee will make determination. 

Requests for modification may be denied on either of the following grounds:

1. Granting the request would fundamentally alter the nature of the entity’s services, programs, or activities.
2. Granting the request would create a direct threat to the health or safety of others.
3. Without the requested modification, the individual with a disability is able to fully use the entity’s services, programs, or activities for their intended purpose.

If a requested modification is denied, OUTS will take other reasonable steps, to the maximum extent possible and without violating Rules 1–3 above, to enable the individual to use the service. Decisions will follow the guidance in Appendix E to 49 C.F.R. Part 37 and § 37.169(d).

This agency only allows service animals on the vehicle.  

Service animals are defined as “any guide dog, signal dog, or other animal individually trained to perform tasks for an individual with a disability. Examples of such work or tasks include guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, pulling a wheelchair, providing minimal protection or rescue work, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. If an animal’s only function were to provide emotional support or comfort for the rider, for example, that animal would not fall under the regulatory training-based definition of a service animal.

• Service animals must be set up in advance with OUTS before transportation is allowed.

• OUTS can refuse transportation if the animal poses a direct threat to others, creates a seriously disruptive atmosphere, or is not in rider’s control.

• Client must maintain control of service animal at all times. OUTS drivers will at no time take charge of a service animal.

• OUTS may ask if an animal is a service animal or ask what tasks the animal has been trained to perform, but cannot require special ID cards for the animal or ask about the person’s disability.

• A service animal may not be excluded unless the animal is out of control and the animal’s owner does not take effective action to control it or the animal poses a direct threat to the health or safety of others.

1. A wheelchair is a manually operated or powered mobility device with three or more wheels that is designed or modified for indoor use by individuals with mobility impairments. Devices not intended for indoor use or primarily designed for other purposes are not included.
2. All wheelchairs and mobility aids must be secured in the designated securement area. OUTS vehicles can accommodate a combined client-and-device weight of up to 1,000 pounds.
3. The designated securement area is 30 by 48 inches. Larger devices may be transported if they can be safely secured without blocking the aisle.
4. Drivers will secure mobility devices to the best extent possible and notify clients of any concerns. When necessary, the driver may recommend transferring to a vehicle seat. If the client declines, the driver will explain the risks and notify dispatch before proceeding.
5. Clients must use the vehicle’s seat belt and shoulder harness at all times. Drivers will provide reasonable assistance when doing so does not pose a direct threat to anyone’s health or safety. Each situation will be evaluated individually.
6. Clients must have a safe, accessible path between the pickup location and the vehicle, including a ramp when needed. Drivers will not move wheelchairs up or down steps. Pathways must be clear of debris, mud, holes, and other obstacles.
7. OUTS may deny transportation when a wheelchair or mobility aid cannot be transported safely or when these requirements are not followed.

Complaint Process including Responses to Complaint and Incident

The complaint procedures outlined herein apply to Onslow United Transit System, Inc. (OUTS), the NCDOT and FHWA, FTA, FAA, and other primary recipients and sub-recipients in the administration of the Federal-aid highway program.  These procedures cover discrimination complaints filed under Title VI of the Civil Rights Act of 1964, Civil Rights Restoration Act of 1987, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and other nondiscrimination authorities relating to any program or services administered by OUTS to sub-recipients, consultants, and contractors.

OUTS will make every effort to obtain early resolution of complaints at the lowest level possible.  All complaints of alleged discrimination will be investigated by the OUTS Office.   The option of informal mediation meeting(s) between the affected parties and the OUTS Office staff may be utilized for resolution.  Upon completion of each investigation, OUTS staff will inform every complainant of all avenues of appeal.

I. PURPOSE

The purpose of the discrimination complaint procedures are to specify the process to be employed by OUTS in accordance with guidance from the Federal Highway Administration to investigate complaints, while ensuring due process for complainants and respondents.  The process does not preclude the responsible staff of any agency from attempting to informally resolve complaints.

II. APPLICABILITY

The complaint procedures apply to the beneficiaries of OUTS programs, activities, and services, including but not limited to the public, contractors, subcontractors, consultants, and other sub-recipients of federal and state funds.

III. ELIGIBLITY

Any person who believes that he/she has been subjected to discrimination or retaliation prohibited by any of the Civil Rights authorities, based upon race, color, sex, age, national origin, or disability may file a written complaint with the OUTS Office.  The law prohibits intimidation or retaliation of any sort.  The complaint may be filed by the affected individual or a representative and must be in writing.

IV. DEFINITION

Discrimination involves any act or inaction, whether intentional or unintentional in any program or activity of a Federal-aid recipient, sub-recipient, or contractor, which results in disparate (unfavorable) treatment, disparate impact, or perpetuating the effects of prior discrimination based on race, color, sex, national origin, age, disability or in the case of disability, failing to make a reasonable accommodation.

An act (or action) whether intentional or unintentional, through which a person in the United States, based on race, color, sex, age, national origin, or disability has been subjected to unequal treatment under any program or activity receiving financial assistance from the FHWA under title 23 U.S.C.

V. FILING OF COMPLAINTS

1.      Time Limits and Filing Options – A complaint must be filed no later than 180 calendar days after the following:

• The date of the alleged act of discrimination; or
• The date when the person(s) became aware of the alleged discrimination; or
• Where there has been a continuing course of conduct, the date on which that conduct was discontinued or the latest instance of the conduct.

Title VI complaints may be submitted to the following entities:

• Onslow United Transit System, Inc.
• NCDOT – Office of Civil Rights and Business Development
• Federal Highway Administration
• Federal Transit Administration
• Federal Aviation Administration
• US Department of Transportation
• US Department of Justice

2. Type of Complaints – Complaints shall be in writing and signed by the complainant(s) or a representative and include the complainant’s name, address, and telephone number.  Complaints received by fax or e-mail will be acknowledged and processed.  Allegations received by telephone will be reduced to writing and provided to the complainant for confirmation or revision before processing.

3. Complaint Basis – Allegations must be based on issues involving race, color, national origin, sex, age, income status or disability.  The term “basis” refers to the complainant’s membership in a protected group category.