SETTLEMENT AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND
PETER PAN BUS LINES

I. BACKGROUND

1. The parties to this Settlement Agreement are the United States of America and Peter Pan Bus Lines, Inc. (DOT #55327) (hereinafter referred to as "PPBL")
2. This matter was initiated by USAO Complaint No. 2016V00022 / DJ No. 202-36-286, a complaint filed with the United States Department of Justice and the U.S. Attorney's Office for the District of Massachusetts against PPBL alleging disability discrimination.

II. TITLE III COVERAGE AND FINDINGS

4. The United States is responsible for enforcing title III of the ADA, 42 U.S.C. §§12181-12189, and the relevant regulations implementing title III, 28 C.F.R. pt. 36 and 49 C.F.R. pts. 37 and 38.
5. PPBL is a Massachusetts corporation with its principal place of business in Springfield, Massachusetts.
6. PPBL is a large, fixed-route operator within the meaning of 42 U.S.C. § 12181(4); an over-the-road bus ("OTRB") operator within the meaning of 42 U.S.C. §12181(5) and 49 C.F.R. § 37.3; and a Class I motor carrier within the meaning of 49 C.F.R. § 369.3. PPBL is a private operator of fixed-route transportation service that is engaged in the business of transporting people and whose operations affect commerce within the meaning of 42 U.S.C. § 12184(a) and 49 C.F.R. §§ 37.3 and 37.5(f).
7. Since October 29, 2012, the fleets of all large, fixed-route OTRB systems must be 100 percent readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. 42 U.S.C. § 12184(b)(4)(A); 49 C.F.R. §37.185. Once 100 percent of a fixed-route OTRB operator's fleet is accessible, the operator may no longer require up to 48 hours' advance notice to provide accessible service. 49 C.F.R. § 37.193.
8. At the time of the United States' investigation, PPBL's fixed-route OTRB fleet was 100 percent accessible. Nevertheless, PPBL documents show that a customer service agent once informed a customer of the ability to make reservations 48 hours in advance which can be misunderstood to seem like encouragement to do so.
9. It is a violation of the ADA for operators of a fixed route to require passengers with disabilities to travel at a time other than the time the passenger has requested. 49 C.F.R. § 37.207(c). The investigation did not find that PPBL ticket agents or customer service required a passenger with a disability to travel at a time other than the time the passenger had requested but determines the equipment issue identified in this Agreement amount to travel at a time other than that which was requested.
10. All OTRB operators are required to establish a system of regular and frequent maintenance checks of lifts sufficient to determine if they are operative. 49 C.F.R. § 37.203(a). All OTRB drivers are required to report to the operator, by the most immediate means available, any failure of a lift to operate in service. 49 C.F.R. § 37.203(b). When a lift is discovered inoperable, the OTRB operator shall take the vehicle out of the fixed-route service before beginning the vehicle's next fixed-route trip, and ensure the lift is repaired before the vehicle returns to fixed-route service, unless there is no other vehicle available to take the place of the vehicle, and taking the vehicle out of fixed-route service will reduce the transportation service the entity can provide, in which case the entity may keep the vehicle in fixed-route service for no more than five days. 49 C.F.R. § 37.203(c)(d). The investigation did not result in a finding that PPBL failed to remove a vehicle from the fixed-route service as required by the regulation.
11. OTRB operators are required to ensure employees are trained to proficiency, as appropriate to their duties, in the proper operation and maintenance of accessibility features and equipment, boarding assistance, securement of mobility aids, sensitive and appropriate interaction with passengers with disabilities, handling and storage of mobility devices, and familiarity with the requirements of 49 C.F.R. Part 37. 49 C.F.R. § 37.173 and 37.209.
12. PPBL reported to the Department of Transportation, under the requirements of 49 C.F.R. § 37.213, that between October 1, 2013 and September 30, 2014, it received 116 requests for accessible service, and that PPBL met every one of these requests. But PPBL's customer service records show that during the same period, at least 10 customers were unable to be served because a lift failed to work or a driver was not properly trained.
13. PPBL reported to the Department of Transportation, under the requirements of 49 C.F.R. § 37.213, that between October 1, 2014 and September 30, 2015, it received 78 requests for accessible service, and that PPBL met every one of these requests. But PPBL's customer service records show that during the same period, at least 11 customers were unable to be served because a lift failed to work or a driver was not properly trained.
    PPBL's customer service records show that between October 1, 2015 and June 24, 2016, at least 11 customers were unable to be served because a lift failed to work or a driver was not properly trained.
14. PPBL's internal communication shows that when a lift failed to work, drivers sometimes had to check multiple buses before finding a bus with an operating lift. To the extent a vehicle needs to warm-up to enable a lift to work, particularly when outside in the cold, does not necessarily make a lift "inoperable." The investigation takes compliance with the EPA's prohibition on motorcoach idling under consideration without waiving an Operator's obligation to comply with the ADA.
15. PPBL's internal communication shows that drivers failed to properly secure wheelchairs. Customers complained that drivers would secured wheelchairs using only two of the four tie-downs, and in internal documents related to preventing or avoiding such a situation, management acknowledged that this issue was "seemingly ongoing"
16. Between August 2014 and April 2016, customer [REDACTED] did not receive service due to an inoperable lift on a number of occasions. During one of these incidents, a lift failed while placing [REDACTED] into the bus. [REDACTED] alleges she was stuck on the lift for nearly an hour and a half; and that she was then moved into the bus, where she was unable to exit for nearly six hours because the lift was inoperable. Because she was stuck on the bus, [REDACTED], who is also diabetic, was unable to take her required insulin shot, and was unable to obtain any food.
    

III. ACTIONS TO BE TAKEN BY PPBL

17. PPBL shall not exclude persons with disabilities from participation in, or deny them benefits of, transportation services in violation of title III of the ADA, 42 U.S.C. § 12184, 28 C.F.R. pt. 36 and 49 C.F.R. pts. 37 and 38. PPBL shall comply with all of its obligations under title III of the ADA, 42 U.S.C. § 12184, 28 C.F.R. pt. 36 and 49 C.F.R. pts. 37 and 38.
18. PPBL does not and shall not require passengers with disabilities to provide advance notice to secure an accessible bus and shall not deny any passenger with a disability an accessible bus when the passenger does not provide advance notice. PPBL's employees and contractors shall not encourage passengers with disabilities to provide advance notice to ensure service.
1. For the purpose of this Agreement, "contractor" shall refer to any independent or outside contractor hired by PPBL to perform direct customer service or motor coach operator ("driver") responsibilities related to the fixed-route system.
19. Within six (6) months of the effective date of this Agreement, and every year thereafter for the duration of this Agreement, PPBL shall arrange for training of all employees working in reservations, customer service, dispatching mechanics and bus operators, and contractors on the current ADA requirements for large, fixed-route OTRB operators and the requirements of this Agreement. PPBL will provide the same training and notification to relevant employees and contractors hired during the term of this Agreement within 60 days of hiring. The training will be three-hours and PPBL will maintain records of such training including the date of the training, the agenda, all written or presentation materials, and the identity of all persons who attended the training. PPBL will provide such information to the United States promptly upon request.
20. Within six (6) months of the effective date of this Agreement, and every year thereafter for the duration of this Agreement, PPBL shall arrange for training of all drivers, any personnel who secures passengers using wheelchairs, any personnel who would be required to operate lifts, and any mechanic or technician who would repair and maintain any accessibility feature, in the operation of all accessibility features and equipment that they might possibly use, and how to secure mobility devices. The three-hour training shall include hands-on, and will require each employee to successfully demonstrate that they can operate each accessibility feature without assistance, and that they can properly secure a mobility device without assistance. PPBL will provide the same training and notification to relevant employees and contractors hired during the term of this Agreement within 60 days of hiring. PPBL will maintain records of such training including the date of the training, and the identity of all persons who attended the training, whether the employee was able to successfully operate each accessibility feature, and whether the employee was able to successfully secure a mobility device. PPBL will provide such information to the United States promptly upon request.
21. Within six (6) months of the effective date of this Agreement, PPBL will develop a policy whereby, every year during the duration of this Agreement, fixed-route drivers are randomly tested on their ability to operate a vehicle's accessibility features. PPBL will ensure that the employee successfully completes the test before they are able to operate a vehicle. PPBL will maintain a record of such tests, and provide such information to the United States promptly upon request.
22. Within six (6) months of the effective date of this Agreement, PPBL will develop a policy whereby all fixed-route vehicles will be tested weekly to ensure accessibility features and equipment are in operating condition. PPBL will remove any vehicle with inoperable accessible equipment from service until repairs can be made to ensure all accessibility features are fully operational. PPBL will maintain a record of these tests and will provide such information to the United States promptly upon request.
23. PPBL agrees that all training manuals or written materials dealing with policies and practices related to accessibility used, revised, or created after the effective date of this Agreement shall be consistent with the provisions of this Agreement.
24. Within 30 days of the date of this agreement, or 30 days from the day on which a completed tax form is provided, PPBL shall pay $15,000 to [REDACTED] to compensate her for the alleged inability of PPBL to provide her with service because of her disability due to inoperable accessibility features or lack of adequate training as authorized by 42 U.S.C. § 12188(b)(2)(B); 28 C.F.R. § 36.504(a)(2). Such payment shall be made by check payable to the order of [REDACTED] and delivered to [REDACTED]. PPBL will notify counsel for the United States in writing on the day when any payment of monetary relief to [REDACTED] required under this Agreement has been made, and will provide counsel for the United States with a scanned copy of the check. 
1. [REDACTED] hereby knowingly and voluntarily releases and forever discharges PETER PAN BUS LINES, INC., its trustees, beneficiaries, predecessors, successors, assigns, subsidiaries, affiliates, parent company or organizations and their past, present and future trustees, beneficiaries, directors, officers, shareholders, members, [REDACTED], associates, agents, insurers and attorneys both individually and in their professional capacities (collectively "Releasees") of and from any and all claims against any of the Releasees which [REDACTED] has or might have had as of the date of execution of this Agreement relating to any and all claims arising out of or in any way connected with her interactions with PETER PAN BUS LINES, INC. This release and waiver shall cover the Releasees from any and all debts, actions, causes of action, suits, accounts, covenants, contracts, agreements, controversies, judgments, obligations, promises, damages, and losses, attorneys' fees, and any and all claims, demands and liabilities whatsoever of every name and nature, whether directly or indirectly, personally or derivatively through others, whether known or unknown to, or whether suspected or unsuspected by her (collectively, "claims"), both in law and in equity, which [REDACTED] has, or ever had, or ever may have, against the Releasees, through the date of execution of the Agreement. To insure that [REDACTED] waiver and release is knowingly made, by executing this Agreement, the Parties acknowledge [REDACTED] opportunity to review and ask questions of her representative or attorney regarding the payment of a settlement sum in full satisfaction of her claims or potential claims under the law of any state as well as under federal law.

IV. IMPLEMENTATION

25. In consideration for entering this Agreement, the United States will refrain from undertaking further action relating to this investigation or from filing a civil action alleging discrimination based on the allegations set forth above, except as provided in paragraph 32 below.
26. The United States may review compliance with this Agreement or title III of the ADA at any time. If the United States believes that this Agreement or any portion of it has been violated, it may institute a civil action in the appropriate U.S. District Court to enforce this Agreement or title III of the ADA.
27. Failure by the United States to enforce any provisions in this Agreement shall not be construed as a waiver of the United States’ right to do so with regard to other provisions of this Agreement.
28. All notices, reports, or other such documents required by this Agreement shall be sent by e-mail or U.S. priority mail to the following address:

Gregory J. Dorchak
Special Assistant U.S. Attorney
Moakley Federal Courthouse
1 Courthouse Way, Suite 9200
Boston, MA 02210
Gregory.Dorchak@usdoj.gov

29. This Agreement shall be binding on PPBL, including all principals, agents, executors, administrators, representatives, employees, successors in interest, beneficiaries and assigns. In the event that PPBL seeks to sell, transfer, or assign all or part of its interest during the term of this Agreement, as a condition of sale, transfer, or assignment, PPBL shall obtain the written accession of the successor or assignee to any obligation remaining under this Agreement for the remaining term of this Agreement.
30. The signatory for PPBL represents that he or she is authorized to bind PPBL to this Agreement.
31. This Agreement constitutes the entire agreement between the United States and PPBL on the matters raised herein and no other statement, promise or agreement, either written or oral, made by any party or agents of any party, that is not contained in this written agreement, including its attachments, shall be enforceable. This Agreement can only be modified or amended by mutual written agreement of the parties.
32. This Agreement is not intended to remedy any other potential violations of the ADA or any other law that is not specifically addressed in this Agreement. Nothing in this Agreement changes PPBL’s obligation to otherwise comply with the requirements of the ADA.
33. Non-Admissions Clause: Neither the Agreement nor action taken, PPBL pursuant to it, shall be deemed or construed at any time for any purpose as an admission by PPBL of any unlawful conduct of any kind or violation of any law, regulation or ordinance of any kind, including, but not limited to, those identified in this Agreement.

V. EFFECTIVE DATE/TERMINATION DATE

34. The effective date of this Agreement is the date of the last signature below.
35. The duration of this Agreement will be two years from the effective date.