Comment from Dallas Area Rapid Transit

Dear Administrator: In reference to the Federal Transit Administration’s (FTA) Notice of Proposed Policy Statement Regarding the Applicability of FTA's Drug and Alcohol Testing Program to Transportation Network Companies (TNC) published on December 30, 2024, Dallas Area Rapid Transit (DART) submits the following comments on our experience with the Taxicab Exception. DART has operated a paratransit on-demand program with Taxis/TNCs since 2017. DART was one of eleven recipients nationwide of the FTA’s Mobility On-Demand (MOD) Sandbox Grant in 2016, with the goal of using technology and TNC partners to increase ridership and provide our customers with an accessible, safe, reliable, and effective service across the agency’s 700-square mile service area. This grant allowed DART to create our improved and expanded GoLink microtransit program in 2017. Both programs were created based on the FTA’s long-standing taxicab exception guideline and are well received by our customers. In Fiscal Year (FY) 2024, our customers took 940,000 rides on Paratransit, of which 27% were fulfilled by a TNC. In addition, the DART GoLink program transported 1,688,303 riders in FY 2024, 60.7% fulfilled by a TNC (with an average wait time of 11 minutes). Having a large network of drivers available for each individual trip through a TNC is fundamental to demand-responsive programs, providing fast, flexible, cost-effective service. A customer survey conducted by DART in September 2024 showed that 96.4% of customers rated their Paratransit trips as “Very Good” or “Excellent” and the average user rating on GoLink was 4.85 out of 5.0. The success of DART’s GoLink and Paratransit programs has led to formal recognition by the U.S. Department of Transportation (USDOT), FTA, the American Public Transportation Association (APTA), and Shared Use Mobility Center (SUMC, a federally funded research center). In December 2024, the USDOT Advisory Committee on Transportation Equity published the Final Report and Recommendations. On pages 83 and 84, the DART Mobility on Demand Sandbox project was highlighted, and the policy recommendation from USDOT is “Expanding Access Recommendation #3: Update FTA’s Guidance and FAQs to Allow Transit Partnerships with Taxis or TNCs”. To date, DART has not received any documented safety events related to substance abuse or the use of drugs or alcohol for either the paratransit or GoLink programs. The providers we use are regulated by state and local authorities and provide millions of safe trips to customers – with disabilities and without – across the country every day. DART has passed FTA audits/triennial reviews of our programs operating under the Taxicab exception from 2016 through mid-2024. DART believes that reinterpreting the long-standing policy to now require random drug and alcohol testing on TNCs and Taxis that have a contractual relationship with transit agencies, as indicated by the FTA Proposed Policy Statement, will significantly limit the efficiency and effectiveness of these essential mobility programs and has the potential to negatively impact hundreds of thousands of our daily customers. In addition, requiring that these programs operate without a contract is impractical and unrealistic, as even the most basic user-side subsidy programs (as referenced in the Proposed Policy Statement) require a basic legal agreement. DART is extremely concerned that, after decades of flexibility, the FTA’s new proposed regulatory interpretation of this guideline will lead to the elimination or deterioration of service quality for these programs, significantly hurting our customers. We respectfully ask that the FTA maintain the current guidance, until there is more opportunity for discussion with transit agencies and the rider community (including customers with disabilities) about the impacts of these proposed changes. Thank you for your review and consideration of our comments.