Accessible Transit and the Law



Author: Paralyzed Veterans of America

Sponsoring Agency: Americans with Disabilities

Date of Publication:  1990

Abstract:

The transportation provisions of the Americans with Disabilities Ad (ADA) of 1990 cover all US transportation systems and vehicles in some way, except for accessibility improvements to commercial aircraft (covered by the federal Air Carrier Access Ad of 1986), and vehicles individually owned or leased by private citizens.

Every other type of transportation system available to the general public, from Amtrak through hotel shuttle services to taxi services, is covered. Whether publicly or privately funded, owned, or operated, so long as a transportation service is open to the public, the ADA affects it Like the facilities which the ADA defines as places of public accommodation, so too, does the law recognize that private transportation available to the public is nonetheless a public accommodation.

In the future, the ADA will cause substantial accessibility improvements at places of employment state and local government buildings, and places of public accommodation. Disabled people will need to reach accessible buildings via an accessible transportation system.

The following pages highlight the diverse types of transportation systems which must improve access under the ADA Information is also provided about the extent of required accessibility improvements. With rare exception, better accessibility will be realized through vehicle purchases.

Of all the entities affected by the ADA few have more work to do than the transportation industry to upgrade accessibility. This pamphlet will educate transportation officials, individuals with disabilities and the general public about what transportation must become accessible, and when such transportation should be available.

Public transportation requirements are found within Title II, Part B, of the ADA- the private transportation provisions are in Title III of the law. Title III covers publicly-funded transportation, including bus, rail, boats, ships, ferries or any other mode of transportation except air travel. Tide 1H of the ADA covers privately owned or operated transportation which is available to the public.

The U.S. Department of Transportation issued regulations implementing both the public and private transportation requirements of the ADA on September 6, 1991. Portions of this regulation became effective on October 7, 1991 (see chart on page i) while others went into effect January 26, 1992. The federal Architectural and Transportation Barriers Compliance Board (ATBCB), also known as the Access Board, issued two separate regulations that became effective on September 6, 1991. One set contains technical standards to be followed for the purchase of transportation vehicles covered by the law. The second set adds Section 10 to the ADA Accessibility Guidelines (ADAAG), covering the accessible design and re-design of fixed transportation facilities, including terminals and stations.

 

No. of Pages:   18
 
 

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