Transportation
ADA
Transportation facility subject to title III of the ADA and 49 C.F.R. 37.45.
1.1 Title II of the ADA: State and Local Government Services
Title II, subpart A, of the ADA covers State and local government services, including the design and construction of buildings and facilities and the operation of government programs.
Rulemaking authority and enforcement are the responsibility of the Department of Justice (DOJ). However, the Department of Transportation (DOT) has been designated to implement compliance procedures relating to transportation, including those for highways, streets, and traffic management.
The Federal Highway Administration (FHWA) Office of Civil Rights oversees the DOT mandate in these areas.
(Title II, subpart B, which is not covered in this design guide, addresses the acquisition and manufacture of transportation vehicles and the operation of certain transportation systems. Rulemaking authority and enforcement for this section of the ADA are the responsibility of DOT and its modal administrations.)
ADA Implementing Regulations
Title II implementing regulations for subpart A were published in the Federal Register at 56 FR 144 (28 CFR Part 35) on July 26, 1991. These regulations have three parts:
§ 37.45 Construction and alteration of
transportation facilities by private
entities.
In constructing and altering transit
facilities, private entities shall comply
with the regulations of the Department
of Justice implementing Title III of the
ADA (28 CFR part 36).
Authorities
Title 49 Transportation Accessibility (2006), Part 37
The Americans with Disabilities Act (42 USC 126)
Title II of the Americans with Disabilities Act Implementing Regulation (28 CFR 35)
Section 504 of the Rehabilitation Act of 1973 (29 USC 794, et seq).
Section 504 of the Rehabilitation Act of 1973 Implementing Regulation 49 CFR 27
Americans with Disabilities Act Accessibility Guidelines (ADAAG)
Public Rights-Of-Way Accessibility Guidelines (PROWAG)
Uniform Federal Accessibility Standards (UFAS)
Federal Highway Administration
Guidance
- FHWA's Oversight Role in Accessibility, September 12, 2006
- Announcement of USDOT Accessibility Regulations: 49 CFR Part 37—Transportation Services for Individuals with Disabilities: Federal Register / Vol. 71, No. 209 / Monday, October 30, 2006 / Rules and Regulations / Page 63263. HTML / PDF
- Notice of availability of the Access Board's November 2005 Draft Public Rights-of-Way Accessibility Guidelines(PROWAG) Public Rights-of-Way Access Advisory, January 23, 2006
- FHWA/FTA Memorandum (September 25, 2000)
FHWA Program Administration Policy on Pedestrians and Accessible Design - Designing Sidewalks and Trails for Access
FHWA's two-part report on pedestrian and trail accessibility.- Part 1, Review of Existing Guidelines and Practices, lays out the history and the practices of applying accessibility concepts to sidewalks and pedestrian trails. (Out of print, available online only)
- Part 2, Best Practices Design Guide, provides recommendations on how to design sidewalks, street crossings, intersections, shared use paths, and recreational pedestrian trails. See also Transmittal Memorandum, Detectable Warnings Memorandum (July 2004), Detectable Warnings Memorandum (May 2002), and Errata Sheet.
- Detectable Warnings Memorandum (July 30, 2004)
Detectable Warnings Memorandum (May 6, 2002)
FHWA and the US Access Board encourage the use of the latest recommended design for truncated domes. - Accessible Pedestrian Signals
- Synthesis and Guide to Best Practices Website – this website provides overall information on installation criteria and design considerations.
- Synthesis and Guide to Best Practices Article – this article provides the latest recommended technical specifications for installing accessible pedestrian signals.
- Special Report: Accessible Public Rights-of-Way Planning and Design for Alterations(US Access Board – July 2007
- ADA Best Practices Tool Kit for State and Local Governments (US Department of Justice – 2007)
Public Right of Way
Access Board Public-Rights-of-Way Home Page
The Board is developing new guidelines for public rights-of-way that will address various issues, including access for blind pedestrians at street crossings, wheelchair access to on-street parking, and various constraints posed by space limitations, roadway design practices, slope, and terrain.
Designing Sidewalks and Trails for Access
FHWA guidebook created to provide planners, designers, and transportation engineers with a better understanding of how sidewalks and trails should be developed to promote pedestrian access for all users, including people with disabilities.
Memorandum Clarifying FHWA Oversight Role in Accessibility
Explanation of FHWA's role and responsibility to oversee compliance on pedestrian access required by the ADA and Section 504.
Memorandum on Use of the Revised Public-Rights-of-Way Draft Guidelines
FHWA statement on the applicability of the Access Board’s draft accessibility guidelines for public rights-of-way.
Pedestrian Documents and Reports
FHWA compilation of pedestrian resources, including research and best practices design publications on pedestrian accessibility.
Questions and Answers About ADA/Section 504
The Federal Highway Administration (FHWA) Questions and Answers on providing accessible pedestrian facilities.
Light Rail
Buses
Amended Rules for Transporatation (9/19-2011)
DOT ADA Final Rule 9/19/2011 on transportation for individuals with disabilities at intercity, commuter, and high-speed rail platforms; miscellaneous amendments changed many aspects of the transportation rules inlcuding operational rules for wheelchairs
Federal Transit Administration's ADA Page
The FTA Office of Civil Rights is responsible for civil rights compliance and monitoring to ensure nondiscriminatory provision of transit services. This site includes technical assistance materials and DOT's ADA regulations.
Easter Seals Project ACTION
Easter Seals Project ACTION promotes cooperation between the transportation industry and disability community to increase mobility for people with disabilities under the ADA and beyond.
Transportation Services for People with Disabilities
DOT regulations at 49 CFR Part 37 implementing the transportation and related provisions of Titles II and III of the ADA.
Accessibility Specifications for Transportation Vehicles
DOT regulations at 49 CFR Part 38 providing minimum guidelines and requirements for accessibility standards for transportation vehicles required to be accessible by ADA.
Facility Accessibility Guidelines
The guidelines establish the minimum requirements for accessibility in buildings and facilities subject to Title II and Title III of the ADA.
Department of Justice's ADA Page
This page provides information and technical assistance on the ADA, including materials on Title III, which applies to public accommodations and private facilities.
Motor Carrier
ADA Guidelines for Over-the-Road Bus Companies
This document provides information about DOT reporting and other requirements for over-the-road buses under ADA regulations.
Transportation Services for People with Disabilities
DOT regulations at 49 CFR Part 37 implementing the transportation and related provisions of Titles II and III of the ADA. Over-the-road bus requirements are found in Subpart H.
Accessibility Specifications for Transportation Vehicles
DOT regulations at 49 CFR Part 38 providing minimum guidelines and requirements for accessibility standards for transportation vehicles required to be accessible by ADA. Over-the-road bus requirements are found in Subpart G.
Taxicabs
Railroads
ADA Accessibility Guidelines (ADAAG) for Transportation Vehicles
Guidelines providing criteria for new and re-manufactured buses and vans, rail vehicles, and other modes of public transportation.
Facility Accessibility Guidelines
Guidelines establishing the minimum requirements for accessibility in buildings and facilities subject to Title II and Title III of the Americans with Disabilities Act.
Final Rule Adopting New Accessibility Standards
DOT rule adopting, as its regulatory standards, the new Americans with Disabilities Act Accessibility Guidelines (ADAAG).
Full-Length, Level-Boarding Platforms in New Commuter and Intercity Rail Stations
DOT guidance on the accessibility of commuter and intercity rail stations.
Segways on Transportation Vehicles
DOT guidance on whether transportation entities should permit the "Segway" personal transportation device to be used on transportation vehicles when used as a mobility device by people with disabilities.
Transportation Services for Individuals with Disabilities
DOT ADA regulations at 49 CFR Parts 37 and 38 addressing rail accessibility.
U.S. Code on Rail Programs
Provides the United States Code that governs the different rail programs.
U.S. Department of Justice's ADA Home Page
Provides information and technical assistance on the ADA, including material on Title III, which applies to public accommodations and private facilities.
Airlines
Nondiscrimination on the Basis of Disability in Air Travel
DOT regulations implementing the Air Carrier Access Act, which prohibits discrimination in airline service based on disability.
Passengers with Disabilities
This document provides a summary of the Air Carrier Access Act, 14 CFR Part 382, that defines obligations of airlines under this law.
FAA's Passengers with Disabilities Home Page
Federal Aviation Administration provides information on topics such as: what to expect at the passenger security checkpoint, planning your trip, at the Airport, getting on and off the plane, on the plane, and compliance procedures.
Facility Accessibility Guidelines
The guidelines establish the minimum requirements for accessibility in buildings and facilities subject to Title II and Title III of the Americans with Disabilities Act.
Security Screening at Airports
The Transportation Security Administration (TSA) describes checkpoint security screening procedures for persons with disabilities and medical conditions.
ADA Home Page
This page provides information and technical assistance on the ADA, including material on Title III, which applies to public accommodations and private facilities.
Vessels
Transportation for Individuals With Disabilities: Passenger Vessels; Final Rule, 49 CFR Part 39
The Department is issuing a new Americans with Disabilities Act (ADA) rule to ensure nondiscrimination on the basis of disability by passenger vessel operators (PVOs). This rulemaking concerns service and policy issues. Issues concerning physical accessibility standards will be addressed at a later time, in conjunction with proposed passenger vessel accessibility guidelines drafted by the United States Access Board. The Department is also seeking further comment on three issues, concerning emotional support animals, mobility aids, and the relationship of DOT and DOJ rules.
Guidance Questions And Answers Concerning 49 CFR PART 39, ADA Rules Concerning Passenger Vessels
The Department of Transportation's final rules applying the Americans with Disabilities Act (ADA) to passenger vessel operators' (PVOs') policies took effect January 3, 2011. These questions and answers, responding to concerns expressed by passenger vessel operators, provide guidance on the Department's understanding of the meaning and application of 49 CFR Part 39.
Access Board Passenger Vessel Home Page
The Board is developing guidelines under the ADA for access to ferries, cruise ships, excursion boats, and other passenger vessels. These guidelines will supplement the Board's ADA Accessibility Guidelines for Transportation Vehicles.
Boarding Technologies
Survey-IMPROVE TRANSPORTATION FOR PEOPLE WITH DISABILITIES:
Please participate in this short web survey, and encourage others to do so!
http://www.surveygizmo.com/s3/882523/TransitChoices
The Disability Rights Education & Defense Fund (DREDF) is conducting research on what factors are most important to riders with disabilities when deciding which transit mode to use.
The confidential survey results will be part of a national study called Transit Cooperative Research Project B-40: Strategy Guide to Enable and Promote the Use of Fixed-Route Transit by People with Disabilities. The goal is to develop strategies to improve bus and train systems for people with disabilities. DREDF's research partners are TranSystems Corporation, The Collaborative, and KFH Group.
Please take the survey, and encourage others to do so!