1. Disability Rights Section U.S. Department of Justice
Transportation Accessibility
David Knight
Disability Rights Section
U.S. Department of Justice

2. 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

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. §§
49 C.F.R. Part 37 – Transportation Services
Appendix D – Construction & Interpretation
49 C.F.R. Part 38 – Vehicle Specifications

6. Guidance
FTA Circular – Americans with Disabilities Act: Guidance, Nov. 4, 2015 found at

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. §

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 a new vehicle 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 C.F.R. §

14. 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

15. Vehicle Accessibility Requirements

16. Resource
FTA Circular – Americans with Disabilities Act: Guidance, Nov. 4, 2015 found at

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 Requirements Service Provisions

22. Maintenance of Accessible Features
49 C.F.R. § , 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. § , 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. § , 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. Disability Rights Section U.S. Department of Justice
David Knight
Disability Rights Section
U.S. Department of Justice
(voice)
(TTY)