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

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

The Americans with Disabilities Act Signed July 26, 1990

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

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

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

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

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

Private Transportation Obligations

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

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

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

“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

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

Vehicle Accessibility Requirements

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

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

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.

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

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

DOT ADA Requirements Service Provisions

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

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

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

Disability Rights Section U.S. Department of Justice 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