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Transportation Accessibility

Learn about key terms and types of transportation under the Americans with Disabilities Act (ADA), non-discrimination provisions, and private transportation provider requirements. Explore legal authority, key terms, private transportation obligations, vehicle accessibility standards, service provisions, and wheelchair lift and securement requirements.

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Transportation Accessibility

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  1. Transportation Accessibility David Knight Disability Rights Section U.S. Department of Justice david.knight@usdoj.gov

  2. What you will learn today: U.S. Department of Justice Civil Rights Division • Key terms and types of transportation under the Americans with Disabilities Act (ADA) • General non-discrimination provisions • Private transportation provider requirements

  3. The Americans with Disabilities Act • Signed July 26, 1990

  4. The Americans with Disabilities Act • Original DOT Regulations – Sep 6, 1991 • Over-the-Road Buses – Sep 28, 1998 • Reasonable Modification of Policies, Practices, and Procedures; Responsible Employee and Complaint Procedures – Mar 13, 2015

  5. Legal Authority • Title II, Part B – 42 U.S.C. §§ 12141-12150 • Title III – 42 U.S.C. §§ 12184-12186 www.ada.gov • 49 C.F.R. Part 37 – Transportation Services • Appendix D – Construction & Interpretation • 49 C.F.R. Part 38 – Vehicle Specifications www.transit.dot.gov/ada

  6. Guidance • FTA Circular 4710.1 – Americans with Disabilities Act: Guidance, Nov. 4, 2015 found at www.transit.dot.gov/ada

  7. Key Terms • Fixed Route: vehicle is operated along a prescribed route according to a fixed schedule (city bus, intercity bus, rail, etc.) • Demand Responsive: not fixed route (taxi, paratransit, charter bus, tour bus, etc.) 49 C.F.R. § 37.3

  8. Key Terms • Public entity: Any state or local government or its instrumentality • Private entity: NOT a state or local government 49 C.F.R. § 37.3

  9. Private Transportation Obligations

  10. Private Entities Primarily Engaged in Transportation • Airport (and other) Shuttles • Sightseeing companies • Taxis • Transportation Network Companies 49 C.F.R. § 37.103

  11. Taxis • Non discrimination requirements apply § 37.29(b): • Taxi services are not required to purchase or lease accessible “automobiles” • “Other than an automobile” must be accessible unless equivalent service can be demonstrated

  12. Shuttle Companies • Demand responsive (i.e., airport shuttle) • Non discrimination requirements apply • Vehicle Acquisition: Purchase or lease of anewvehicle over 8 passengers must be accessible, OR they must ensure the service provides “equivalent service”

  13. “Equivalent Service” Equivalent with respect to: • Schedule / Response Time • Fares • Geographic Area of Service • Hours and Days of Service • Availability of Information • Reservations capability • Capacity • Priority or Trip Purpose Restrictions 49 C.F.R. § 37.105

  14. Fixed Route Private Transportation • (i.e., sightseeing tours, shuttles on a schedule) • Non discrimination requirements apply • Vehicle Acquisition: Purchase or lease of anewvehicle over 8 passengers must be accessible

  15. Vehicle Accessibility Requirements

  16. Resource • FTA Circular 4710.1 – Americans with Disabilities Act: Guidance, Nov. 4, 2015 found at www.transit.dot.gov/ada

  17. Vehicle Accessibility Standards 49 C.F.R. Part 38 FTA Circular Ch. 4, Attachment 4-1 (optional checklist)

  18. Vehicle Accessibility Standards 49 C.F.R. Part 38 FTA Circular Ch. 4, Attachment 4-1 (optional checklist) • Lift edge barriers, handrails, safety elements, etc.

  19. Vehicle Accessibility Standards 49 C.F.R. Part 38 • Ramp slopes, cross-slopes, runs, and edge conditions • Floor slopes, slip resistance, and level changes • Interior handrails – location, cross-sectional diameter, knuckle clearances

  20. Vehicle Accessibility Standards 49 C.F.R. Part 38 FTA Circular Ch. 4, Attachment 4-1 (optional checklist) • 2 securement locations and devices – 30” x 48” clear floor space • Seatbelt and shoulder harness

  21. DOT ADA RequirementsService Provisions

  22. Maintenance of Accessible Features 49 C.F.R. § 37.161, FTA Circular Ch. 2.3 • Covers lift/ramps, securement devices, elevators, signage, public address systems, etc. • Must be repaired promptly • Must take reasonable steps to accommodate persons with disabilities who would otherwise use the feature • Does not prohibit isolate or temporary interruptions due to repair or maintenance

  23. Wheelchair Lift & Securement Requirements 49 C.F.R. § 37.165, FTA Circular Ch. 2.4 • Securement systems on all accessible buses • Transport all wheelchairs • Establish a policy to secure all wheelchairs, or only upon passenger’s request • May not refuse to transport person because the chair cannot be satisfactorily restrained

  24. Wheelchair Lift & Securement Requirements 49 C.F.R. § 37.165, FTA Circular Ch. 2.4 Upon request, must: • Allow standees to use the lift • Secure wheelchairs • Assist with securement system, seatbelts, ramp and lift • May require wheelchairs to remain in designated securement locations; persons may transfer, however may not require person to transfer

  25. David Knight Disability Rights Section U.S. Department of Justice david.knight@usdoj.gov 202-616-2110 1-800-514-0301 (voice) 1-800-514-0383 (TTY) www.ada.gov

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