Standards of Conduct and Rider Suspension Policy
Updated December 11, 2012
STANDARDS OF CONDUCT
The following conduct is prohibited on any WTA vehicle or property:
1. Engaging in any conduct prohibited by RCW 9.91.025 or prohibited by any federal, state, or municipal civil or criminal law;
2. Except in a designated place, the use of chewing tobacco or smoking or carrying a lighted or smoldering pipe, cigar, or cigarette; or e-cigarettes;
3. Discarding litter other than in designated receptacles;
4. Using any radio, MP3 player, or other sound-producing equipment without the use of earphones;
5. Spitting or eliminating anywhere other than in restroom facilities;
6. Failure to maintain a reasonable level of personal hygiene;
7. Carrying any flammable liquid, explosive, acid, or other such material on WTA vehicles.
8. Engaging in loud, raucous, unruly, harmful, aggressive, violent, or harassing behavior or language;
9. Destroying, defacing, tampering, or otherwise damaging WTA property;
10. Possessing any open beverage container holding alcohol or possessing controlled substances, unless otherwise authorized by law;
11. Throwing an object at WTA vehicles, facilities, or property, or throwing an object at any person on WTA property;
12. Refusal to follow a directive of a transit Operator, transit official or law enforcement official while on WTA property.
13. Roller-blading/skating, skateboarding or cycling on WTA properties.
14. Eating or drinking except from a spill-proof covered container on WTA vehicles or in prohibited areas of WTA facilities and properties;
15. Operating, stopping, standing, or parking a vehicle in any roadway or location restricted for use only by WTA vehicles;
16. Blocking or interfering with public walkways on WTA vehicles or properties;
17. Sleeping on benches or floors on WTA vehicles, bus stops or properties;
18. Remaining in an area marked as reserved for senior citizens or people with disabilities after being requested to move;
19. Entering WTA vehicles, facilities, or properties without wearing a shirt or shoes;
20. Engaging in commercial activities, except when such activities are authorized by WTA or its designee in a written permit, license, concession contract, lease, or other written authorization;
21. Loitering or “hanging out”. Customers are expected to board the next scheduled WTA vehicle traveling in the direction of their destination.
22. Refusing to allow proper securement of a wheelchair on WTA vehicles;
23. Failure to pay the appropriate fare as required by WTA; or falsely representing oneself as eligible for a special or reduced fare or obtaining any permit or pass related to the WTA system by making a false representation;
24. Verbally intimidating, threatening, or touching a WTA Operator or WTA employee;
25. Exceeding the number of no-shows allowed under WTA Paratransit procedures.(Trips missed for reasons beyond the customer’s control will not be counted as no-shows);
26. Impeding WTA Paratransit service through non-compliance with the WTA Paratransit procedures; and
27. Violating a trespass from WTA properties.
SUSPENSION FROM SERVICE
Anyone who engages in prohibited conduct may be trespassed, ordered to leave, or otherwise restricted in the use of WTA property or services by a member of law enforcement or a WTA employee. Failure to immediately comply may be grounds for prosecution for criminal trespass and/or unlawful transit conduct.
Immediate Suspension: A WTA employee may immediately re-seat, refuse transportation, or tempo-rarily suspend (for the rest of that day) from WTA vehicles, facilities, or properties anyone who poses a safety or security risk, interferes with or impinges on the rights of others, impedes the free flow of the general public, or impedes the orderly and efficient use of WTA vehicles, facilities, or properties. Further suspension must be issued by a member of the Operations Supervisory Staff.
Notice Procedure: Whenever possible, WTA will provide a suspended person with written notice. The notice will specify the reason or reasons for suspension, duration, and effective date of the suspension, and state the appeal process.
Length of Suspension: WTA will use the following guidelines, as well as other criteria, when determining the length of suspension. Other criteria include, but are not limited to, the individual’s history of documented prior conduct/incidents. WTA Supervisory personnel, may, using their own judgment, suspend a person from WTA properties/service for an undetermined length of time, i.e., Until Further Notice.
1. If the suspended person has had no suspension violations, including removals, in the prior 12 months, and the prohibited conduct would constitute a misdemeanor in Washington State or prohibited by RCW 9.91.025, the duration of the suspension should not exceed 60 days
2. If the suspended person has had one violation, including suspension or removal, in the prior 12 months, and the prohibited conduct would constitute a misdemeanor in Washington State or be prohibited by RCW 9.91.025, the duration of the suspension should not exceed 90 days.
3. If the suspended person has had two or more policy violations, including suspensions or removals, in the prior 12 months, and the prohibited conduct would constitute a misdemeanor in Washington State or is prohibited by RCW 9.91.025, the duration of the suspension should not exceed 120 days.
4. If the prohibited conduct is identified as Class C or above felony, the duration of the suspension could range from one year to indefinite.
5. Permanent suspension may be appropriate under certain circumstances, e.g., Assault in the 3rd Degree or greater.
- The Service Suspension Notice submitted to a trespassed person notifies them of their right to appeal the decision to the Director of Operations or his/her designee. Notice of Appeal responses can also be mailed to 4111 Bakerview Spur, Bellingham, WA 98226. ATTEN : Director of Operations.
- The trespassed person may request a Review of Appeal. A review may be requested based on a written statement or phone interview outlining the reasons why the suspension should be revoked. If requested, the phone interview/ Review of Appeal shall be held by the Director of Operations or his/her designee as soon as practicable.
- Following the Review of Appeal, the Director of Operations or his/her designee shall render a decision as soon as practicable after receipt of the Notice of Appeal or the completion of the review. The decision may be conveyed to the trespassed person in writing or via phone depending of their accessibility.
- WTA will not provide service to the trespassed person pending resolution of the Appeal.