1. law, govt and politics
2. legal issues
3. civil rights

U.S. Department of Justice
Civil Rights Division
Transportation
Accessibility:
How to Comply with
the ADA
David W. Knight
Disability Rights Section
U.S. Department of Justice
[email protected]
BusCon 2012
Chicago, Illinois
September 11, 2012
U.S. Department of Justice
Civil Rights Division
What will you learn today?



What are your requirements to comply
with the Americans with Disabilities Act?
How do you provide superior service to
passengers with disabilities?
What are the consequences of not
complying?
U.S. Department of Justice
Civil Rights Division
The Americans with Disabilities Act



Signed July 26, 1990
Final Regulations – September 6, 1991
DOT Regulations on Over-the-Road
Buses published September 28, 1998
(Subpart H)
U.S. Department of Justice
Civil Rights Division
Who does the ADA protect?
 Person with a mobility impairments
(including someone who uses a wheelchair)
 Person who is deaf or hard of hearing
 Person who is blind (including someone
who uses a service animal)
 Person with a cognitive impairment
These protections are NOT limited to U.S. citizens.
U.S. Department of Justice
Civil Rights Division
Definitions


Public entity: Any state or local
government or its instrumentality
Private entity: NOT a state or local
government
www.fta.dot.gov/ADA
U.S. Department of Justice
Civil Rights Division
Definitions


Private entities primarily engaged in the
business of transporting people: A bus or
shuttle company, etc.
Private entities NOT primarily engaged in
the business of transportation people: A
hotel with a shuttle, A rental car
company, etc.
U.S. Department of Justice
Civil Rights Division
Definitions



Fixed Route: vehicle is operated along a
prescribed route according to a fixed
schedule (intercity bus)
Demand Responsive: not fixed route
(charter, tour buses, etc.)
Over-the-Road Bus: elevated passenger
deck located over a baggage compartment
U.S. Department of Justice
Civil Rights Division
Definitions - Motorcoaches

Large Operators (Class I):
Over $9.23 million in annual revenues (2011)
 Include affiliated companies!
 Tied to the Producer Price Index of Finished
Goods (Department of Labor)
 Small Operators: Under $8.71 million

49 C.F.R. § 37.3
U.S. Department of Justice
Civil Rights Division
Shuttle Company Vehicle Requirements
If you purchase or lease a new vehicle over 8
passengers (including the driver)
 Fixed Route: it must be accessible
 Demand Responsive: it must be
accessible, OR you must ensure your
service provides “equivalent service”
49 C.F.R. § 37.103
U.S. Department of Justice
Civil Rights Division
“Equivalent Service”
= Equivalent with respect to:
1.
2.
3.
4.
5.
6.
7.
8.
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
U.S. Department of Justice
Civil Rights Division
OTRB/Motorcoach Vehicle Requirements
Fixed Route: If you purchase or lease a new
vehicle and you are…
 Large: it must be accessible
 Small: it must be accessible, OR you
must ensure your service provides
“equivalent service”
49 C.F.R. § 37.183
U.S. Department of Justice
Civil Rights Division
“Equivalent Service”
= Equivalent with respect to:
1.
2.
3.
4.
5.
6.
7.
8.
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
U.S. Department of Justice
Civil Rights Division
OTRB/Motorcoach Vehicle Requirements
Fixed Route:
 If you purchase or lease a used vehicle, no
requirement to be accessible
BUT…
U.S. Department of Justice
Civil Rights Division
OTRB/Motorcoach Vehicle Requirements
Large Operators:
 At least 50% of your fleet must be
accessible as of October 30, 2006
 100% of your fleet must be accessible by
October 29, 2012
Time extension requests  Secretary of Transportation
49 C.F.R. § 37.185
U.S. Department of Justice
Civil Rights Division
OTRB/Motorcoach Vehicle Requirements


Both large and small fixed route operators
still must provide accessible service
May require up to 48 hours advance notice
 Large: Not after October 29, 2012!
 Small: May never be 100% accessible
49 C.F.R. §§ 37.189 and 37.193
U.S. Department of Justice
Civil Rights Division
OTRB Demand Responsive Requirements
(Charter and Tour Service)
 Required to provide accessible service
(since 2001/2002)
 May require up to 48 hours advance notice
 Must provide service with less than 48 hours
notice if you can
49 C.F.R. § 37.189
U.S. Department of Justice
Civil Rights Division
OTRB Demand Responsive Requirements

You are not required to fundamentally
alter your reservation policies

Example: If a tour company requires
reservations 3 months in advance, then that
is the deadline for accessible service requests
49 C.F.R. § 37.189(e)
U.S. Department of Justice
Civil Rights Division
Vehicle Accessibility Standards
49 C.F.R. Part 38
 Door width, height
 Handrails – location, cross-sectional
diameter, knuckle clearance
 Lighting at entrance
 Moveable aisle armrests
U.S. Department of Justice
Civil Rights Division
Vehicle Accessibility Standards
49 C.F.R. Part 38
 Slip-resistant floors
 Level changes
 Slopes
 Clearances
U.S. Department of Justice
Civil Rights Division
Vehicle Accessibility Standards
49 C.F.R. Part 38
 2 securement locations and devices –
30” x 48” clear floor space
 Seatbelt and shoulder harness
 Lift with edge barriers, handrails,
extensive safety standards
U.S. Department of Justice
Civil Rights Division
Vehicle Accessibility Standards
49 C.F.R. Part 38
 Ramp slopes
 Ramp cross-slopes
 Ramp runs
 Ramp edge conditions
U.S. Department of Justice
Civil Rights Division
Ramp Slopes
Current Max Slope to Street: 1:4 or 25%
Height over a 6”
curb
Vehicle Floor
Height
Current Max
Slope
< 3”
6” – 9”
1:4 or 25%
3” – 6”
6” – 9”
> 9”
9” – 12”
1:6 or 16.7%
> 15”
1:12 or 8.3%
12” – 15”
1:8 or 12.5%
U.S. Department of Justice
Civil Rights Division
General Operational
Requirements
U.S. Department of Justice
Civil Rights Division
Life Maintenance


Must have a system of regular and
frequent maintenance checks
If a lift becomes inoperable, the vehicle
operator must report it
49 C.F.R. § 37.203
U.S. Department of Justice
Civil Rights Division
Lift Maintenance


If a lift is discovered to be inoperable, it
must be taken out of service before the
next trip for repair
If there is no replacement, it can be kept
in service for a maximum of FIVE days
49 C.F.R. § 37.203
U.S. Department of Justice
Civil Rights Division
Maintenance of Accessible Features



Must be repaired promptly
Must take reasonable steps to
accommodate persons with disabilities
who would otherwise use the feature
Does not prohibit isolated or temporary
interruptions due to repair or maintenance
49 C.F.R. § 37.161
U.S. Department of Justice
Civil Rights Division
Lift and Securement


Transport all
common
wheelchairs
Must allow standees
to use the lift upon
request
49 C.F.R. § 37.165
U.S. Department of Justice
Civil Rights Division
Lift and Securement


Securement systems on all buses; secure
upon request
May not refuse to transport person
because the chair cannot be satisfactorily
restrained
49 C.F.R. § 37.165
U.S. Department of Justice
Civil Rights Division
Passenger Assistance


Provide routine boarding assistance by the
operator: lift use, wheelchair securement,
and equipment storage
Do not request or require family members,
friends, or other passengers to assist
49 C.F.R. § 37.207
U.S. Department of Justice
Civil Rights Division
Stop Announcements


Must announce transfer points, major
intersections and destination points, at
intervals along a route sufficient to permit
individuals to be oriented to their location
Must announce stops on request
49 C.F.R. § 37.167
U.S. Department of Justice
Civil Rights Division
Service Animals


Allow to accompany
passengers
Animals that are
individually trained to
perform tasks for
people with disabilities
49 C.F.R. §§ 37.3 and 37.167
U.S. Department of Justice
Civil Rights Division
Oxygen Tanks

Allow an individual with a disability
to travel with a respirator or portable oxygen
supply, consistent with applicable Department
of Transportation rules
49 C.F.R. § 37.167
U.S. Department of Justice
Civil Rights Division
Training Staff to Proficiency
Proper operation & maintenance of accessibility
equipment

Boarding assistance

Securement of mobility aids

Sensitive & appropriate interaction with passengers
with disabilities

Handling and storage of mobility devices

Familiarity with the DOT regulations
Refresher training as needed to maintain proficiency!
49 C.F.R. §§ 37.173 and 37.209

U.S. Department of Justice
Civil Rights Division
Reservations Policy

You are never required to accommodate
someone with a disability if it displaces
someone who has already reserved a trip

Example: A tour has 3 seats left, but the
wheelchair securement area takes up 6 seats
U.S. Department of Justice
Civil Rights Division
Reservations Policy

Provide equivalent reservation services to
passengers with disabilities

Example: Online reservations
49 C.F.R. § 37.207(d)
U.S. Department of Justice
Civil Rights Division
Reservations Policy

Only one request is required for an
accessible vehicle



Covers both directions if roundtrip
Covers all legs of multiple-destination
reservation
Includes interline service
49 C.F.R. §§ 37.187 and 37.213
U.S. Department of Justice
Civil Rights Division
OTRB Reservation Policy

If you required 48 hours notice or provide
equivalent service, you must complete a
Service Request Form (see Appendix A)
for each individual request for accessible
service
49 C.F.R. §§ 37.213(a)(1) and (b)(1)
U.S. Department of Justice
Civil Rights Division
OTRB Reservation Policy

Deliver the Service Request Form to the
passenger by:
1.
2.
3.
First Class U.S. Mail
Fax
Phone or e-mail – include a confirmation #
and provide a paper copy at departure
49 C.F.R. §§ 37.213(a)(2) and (b)(2)
U.S. Department of Justice
Civil Rights Division
OTRB Service Requirements


Whenever making a rest stop, permit
passengers with disabilities (including
those with wheelchairs) to leave and return
on the same basis as other passengers
Provide needed assistance (with lift use,
securements, transferring, etc.)
49 C.F.R. §§ 37.201(a)
U.S. Department of Justice
Civil Rights Division
OTRB Service Requirements

If making an express run of 3 hours or
more without a rest stop (and bathroom
is inaccessible), must make a good faith
effort to make an unscheduled rest stop, if
requested
49 C.F.R. §§ 37.201(c)
U.S. Department of Justice
Civil Rights Division
OTRB Information Collection

Retain a copy of each Service Request
Form for five years

Allow the U.S. Department of Transportation
or the U.S. Department of Justice to inspect
upon request
49 C.F.R. §§ 37.213(a)(3) and (b)(3)
U.S. Department of Justice
Civil Rights Division
OTRB Annual Reporting to FMCSA
Last Monday in October of each Year
 Provide a summary of Service Request
Forms, including number of requests and
number of requests met
49 C.F.R. §§ 37.213(a)(4) and (b)(4)
U.S. Department of Justice
Civil Rights Division
OTRB Annual Reporting to FMCSA
Last Monday in October of each Year
 Fixed Route Operators: Provide a
summary of the # of passengers who used
the lift to board an accessible bus

Separately reflect the # who were required
to provide 48 hour notice
49 C.F.R. § 37.213(c)
U.S. Department of Justice
Civil Rights Division
OTRB Annual Reporting to FMCSA
Last Monday in October of each Year
 All Operators: Provide a summary of:



The # of new and used buses purchased or
leased during the previous year
How many in each category are accessible
The total # of buses in the fleet
49 C.F.R. § 37.213(d)
U.S. Department of Justice
Civil Rights Division
OTRB Annual Reporting to FMCSA
Last Monday in October of each Year



If require 48 hour notice or provide equivalent
service: summary of Forms
Fixed Route: # of passengers who used a lift
All Operators: # of vehicles purchased or leased
49 C.F.R. § 37.213
U.S. Department of Justice
Civil Rights Division
OTRB Annual Reporting to FMCSA
Federal Motor Carrier Safety Administration
Office of Information Management, MC-RIS
1200 New Jersey Ave, SE
Washington, DC 20590
ADA Guidelines for Over-the-Road Bus Companies
U.S. Department of Justice
Civil Rights Division
Enforcement
 U.S. Department of Justice
 Federal Motor Carrier Safety
Administration (OTRBs)
 Both can conduct investigations
 Both can conduct compliance reviews
 Both cooperate under a 2009 Memorandum of
Understanding
U.S. Department of Justice
Civil Rights Division
Enforcement
 Over-the-Road Bus Accessibility Act of
2008 – FMCSA can revoke operating
authority
 FMCSA Program of ADA Reviews
 141 through 2011
 78 fixed route; 58 demand responsive
 104 small; 37 large
U.S. Department of Justice
Civil Rights Division
Recent Enforcement Actions
 Tornado Bus Company, Dallas, TX – Sept. 27, 2010
 53 buses; only 1 accessible
 No training of employees; no lift maintenance program
 Required to get to 50%
$55,000 civil penalty
 Omnibus Express, Houston, TX – March 9, 2011
 85 buses; none accessible
 Required to get to 50%
$55,000 civil penalty
For more information: www.ada.gov
U.S. Department of Justice
Civil Rights Division
Recent Enforcement Actions
 Megabus Northeast & Megabus USA – May 16, 2011
 93 buses; 1 was inaccessible
 Improperly required 48 hours notice
 Website did not allow for reservations for those using
wheelchairs
 Vehicle accessibility concerns
 $12,500 damages | $55,000 civil penalty
 Remove inaccessible bus from service
 Modify website, policies, training, and vehicles
For more information: www.ada.gov
U.S. Department of Justice
Civil Rights Division
Recent Enforcement Actions
 7 referral from FMCSA of small companies with no
accessible buses and no formal arrangement in place to
respond to a request for accessible service; no training of
staff, and no annual reporting  Resulted in Settlement
Agreements to resolve deficiencies
 10 referrals from FMCA of companies that failed to do
their annual reporting  Resulted in Letters of Resolution
*All settled between December 6, 2011, and January 5, 2012
For more information: www.ada.gov
U.S. Department of Justice
Civil Rights Division
Enforcement Remedies
 Fix the problem (injunctive relief)
 Training, Reporting, Policies, etc.
 Pay damages (if there is a complainant)
 Pay civil penalty (up to $55,000)
U.S. Department of Justice
Civil Rights Division
Retaliation
 The ADA protects individuals from
coercion, intimidation, threat, harassment,
or interference in their exercise of their own
rights or their encouragement of someone
else’s exercise of rights granted by the ADA.
U.S. Department of Justice
Civil Rights Division
David W. Knight / Thomas Fodor
Disability Rights Section
U.S. Department of Justice
[email protected]
202-307-0663
1-800-514-0301 (voice)
1-800-514-0383 (TTY)
www.ada.gov