Chapter 1 – Introduction and Applicability

1.Chapter 1 – Introduction and Applicability

1.1Introduction

FTA is charged with ensuring public transit providers comply with the DOT regulations implementing the transportation-related provisions of the Americans with Disabilities Act (ADA) of 1990 and Section 504 of the Rehabilitation Act of 1973, as amended. The regulations in 49 CFR Parts 27, 37, 38, and 39 set specific requirements transit providers must follow to ensure their services, vehicles, and facilities are accessible to and usable by individuals with disabilities.

The ADA applies to almost all providers of transportation service, whether private or public, and whether or not an entity receives Federal financial assistance. The purpose of this ADA Circular is to provide guidance to FTA grantees, that is, entities that receive funding through the agency, concerning the requirements of the DOT ADA regulations. FTA’s goal is to help public transit providers meet their obligations under the ADA by outlining and explaining the vast body of requirements in an easy-to-use, consolidated format.

Because the DOT ADA regulations discussed in this Circular also apply to entities that are not Federal funding recipients, non-FTA grantees also may find the information in this document helpful.

This Circular primarily addresses the following types of public transit services:

Fixed route bus

Complementary paratransit

Demand responsive

Rail (rapid, light, and commuter)

Water transportation/passenger ferries

This Circular does not alter, amend, supersede, or otherwise affect the DOT ADA regulations themselves or replace the need for readers to reference the detailed information in the regulations. FTA recommendations and examples of optional practices are included throughout the Circular and do not represent requirements. FTA recognizes there are many different ways agencies can implement the regulatory requirements and ensure the delivery of compliant service. FTA encourages transit agencies to engage riders with disabilities when making decisions about local transit service.

This introductory chapter highlights the regulations applicable to transit providers and the scope and organization of the Circular.

1.2Regulations Applicable to Public Transit Providers

1.2.1DOT ADA Regulations

The DOT ADA regulations span 49 CFR Parts 37, 38, and 39. A large part of this Circular focuses on Part 37, which contains the service-related requirements for fixed route bus, complementary paratransit, demand responsive service, and rail systems, with the following six subparts applicable to public entities:

General (Subpart A)

Applicability (Subpart B)

Transportation Facilities (Subpart C)

Acquisition of Accessible Vehicles (Subpart D)

Paratransit as a Complement to Fixed Route Service (Subpart F)

Provision of Service (Subpart G)

Appendix D to Part 37 provides important supplemental information to help explain DOT’s interpretation of the regulatory text and is quoted throughout the Circular.

Part 38 contains the design specifications for various types of buses, vans, and rail cars, and is the focus of Circular Chapter 4.

Part 39 sets forth the general nondiscrimination and service-related requirements for passenger vessel operators (PVOs) that provide ferry and other water transportation services, and is covered in Circular Chapter 10.

1.2.2DOT Section 504 Regulations

Requirement

“For entities receiving Federal financial assistance from the Department of Transportation, compliance with applicable requirements of this part is a condition of compliance with Section 504 of the Rehabilitation Act of 1973 and of receiving financial assistance” (§ 37.21(b)).

Discussion

Prior to the passage of the ADA in 1990, the Rehabilitation Act of 1973—and Section 504 of that act—was implemented to prohibit discrimination against individuals with disabilities by entities that receive Federal funds. The purpose of the Rehabilitation Act is to ensure that individuals with disabilities are not excluded from, denied the benefits of, or subject to discrimination in any programs or activities receiving Federal financial assistance. The DOT regulations implementing Section 504 are found in 49 CFR Part 27.

The DOT regulations were amended as part of DOT’s ADA rulemaking to require ADA compliance as a condition of Section 504 compliance. In order to receive Federal funds, FTA grantees must comply with Section 504; in order to comply with DOT’s Section 504 regulations, grantees must comply with the DOT ADA regulations.

Part 27 contains general nondiscrimination requirements, which largely overlap with the more recent nondiscrimination requirements in Part 37, along with grantees’ local complaint process requirements and DOT compliance and enforcement provisions discussed in Circular Chapter 12.

1.2.3DOT Regulations – In Summary

Table 1-1 summarizes the regulatory parts and subparts applicable to various types of transportation services FTA grantees provide. Requirements for general nondiscrimination, complaint handling, facility design, vehicle acquisition, and provision of service apply to all types of transportation services provided by grantees.

Table 1-1 – Applicable DOT ADA/Section 504 Regulations for

Transportation Services Provided By FTA Grantees

Type of Transportation Service	Applicable Subparts and Sections of Regulations
	General Non-discrimination	Applicability, Complaints & Enforcement	Facilities	Vehicle Acquisition & Specifications	ADA Paratransit	Service Provision
Commuter Rail	Part 37 Subpart A; Part 27 Subpart A	Part 37 Subpart B; Part 27 Subpart C	Part 37 Subpart C, Appendix A	Part 37 Subpart D; Part 38 Subpart E	Not Required	Part 37 Subpart G
Light and Rapid Rail	Part 37 Subpart A; Part 27 Subpart A	Part 37 Subpart B; Part 27 Subpart C	Part 37 Subpart C, Appendix A	Part 37 Subpart D; Part 38 Subparts C & D	Part 37 Subpart F	Part 37 Subpart G
Fixed Route Bus	Part 37 Subpart A; Part 27 Subpart A	Part 37 Subpart B; Part 27 Subpart C	Part 37 Subpart C, Appendix A	Part 37 Subpart D; Part 38 Subpart B	Part 37 Subpart F	Part 37 Subpart G
Commuter Bus	Part 37 Subpart A; Part 27 Subpart A	Part 37 Subpart B; Part 27 Subpart C	Part 37 Subpart C, Appendix A	Part 37 Subpart D; Part 38 Subpart B	Not Required	Part 37 Subpart G
Demand Responsive	Part 37 Subpart A; Part 27 Subpart A	Part 37 Subpart B; Part 27 Subpart C	Part 37 Subpart C, Appendix A	Part 37 Subpart D; Part 38 Subpart B	Not Required	Part 37 Subpart G
Ferry Boats and Other Water Transportation	Part 39 Subpart B; Part 27 Subpart A	Part 39 Subparts A & G	Part 39 Subpart D	Part 39 Subpart E (Reserved)	Not Required	Part 39 Subparts C & F

Complementary paratransit service is required where public entities provide fixed route service (bus and rail). Section 37.121(c) exempts commuter bus, commuter rail, and intercity rail (i.e., Amtrak) from the requirement for complementary paratransit service. (See Circular Section 8.2.)

Part 37 Subpart B explains the applicability of the DOT ADA regulations to various types of transportation.

1.2.4DOJ ADA Regulations

Requirement

“Entities to which [Part 37] applies also may be subject to ADA regulations of the Department of Justice (28 CFR Parts 35 or 36, as applicable). The provisions of [Part 37] shall be interpreted in a manner that will make them consistent with applicable Department of Justice regulations. In any case of apparent inconsistency, the provisions of [Part 37] shall prevail” (§ 37.21(c)).

Discussion

While the DOT ADA regulations apply to transportation services provided by FTA grantees, the Department of Justice (DOJ) ADA regulations apply to other types of services grantees may provide. As Appendix D to § 37.21 states,

Virtually all entities covered by this rule also are covered by DOJ rules, either under 28 CFR Part 36 as state and local program providers or under 28 CFR Part 35 as operators of places of public accommodation. Both sets of rules apply; one does not override the other. The DOT rules apply only to the entity’s transportation facilities, vehicles, or services; the DOJ rules may cover the entity’s activities more broadly. For example, if a public entity operates a transit system and a zoo, DOT’s coverage would stop at the transit system’s edge, while DOJ’s rule would cover the zoo as well.

To address such instances, DOT and DOJ collaborated on the development of their ADA regulations to ensure both consistency of interpretation and efficiency of application. In situations where there are apparent inconsistencies between the two rules regarding the provision of transportation, however, DOT’s Part 37 provisions prevail.

Directory: sites -> fta.dot.gov -> files -> docs
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docs -> Job Access Reverse Commute (jarc) Program fy 2010 Service Profiles
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docs -> Review of the jacksonville transportation authority
docs -> Jacksonville Transportation Authority Assessment of ada complementary Paratransit Service Capacity Constraints June 8-11, 1999
docs -> Final policy statement
docs -> 1200 New Jersey Ave, se washington, dc 20590

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