Federal Transit Administration November 4, 2015 Subject: americans with disabilities act (ada): guidance

4.4.2Used Commuter Rail Car Acquisition

Requirement

“Amtrak or a commuter authority may purchase or lease a used intercity or commuter rail car that is not readily accessible to and usable by individuals if, after making demonstrated good faith efforts to obtain an accessible vehicle, it is unable to do so” (§ 37.87(b)).

“Good faith efforts shall include at least the following steps:

(1) An initial solicitation for used vehicles specifying that all used vehicles accessible to and usable by individuals with disabilities;

(2) A nationwide search for accessible vehicles, involving specific inquiries to used vehicle dealers and other transit providers; and

(3) Advertising in trade publications and contacting trade associations” (§ 37.87(c)).

“When Amtrak or a commuter authority leases a used intercity or commuter rail car for a period of seven days or less, Amtrak or the commuter authority may make and document good faith efforts as provided in this paragraph instead of in the ways provided in paragraph (c) of this section:

(1) By having and implementing, in its agreement with any intercity railroad or commuter authority that serves as a source of used intercity or commuter rail cars for a lease of seven days or less, a provision requiring that the lessor provide all available accessible rail cars before providing any inaccessible rail cars.

(2) By documenting that, when there is more than one source of intercity or commuter rail cars for a lease of seven days or less, the lessee has obtained all available accessible intercity or commuter rail cars from all sources before obtaining inaccessible intercity or commuter rail cars from any source” (§ 37.87(d)).

“Amtrak and commuter authorities purchasing or leasing used intercity or commuter rail cars that are not readily accessible to and usable by individuals with disabilities shall retain documentation of the specific good faith efforts that were made for three years from the date the cars were purchased. These records shall be made available, on request, to the Federal Railroad Administration or FTA Administrator, as applicable. These records shall be made available to the public, on request” (§ 37.87(e)).

Discussion

Section 37.87(c)(3) requires public entities to advertise in trade publications and contact trade associations. This includes advertising in magazines such as Passenger Transport and other national outlets to determine whether accessible used vehicles are available. Trade groups include the American Public Transportation Association (APTA).

Where inaccessible used cars are acquired, however, the entity must still have a sufficient number of accessible cars in its fleet to achieve at least one accessible car per train (see Circular Section 4.5). This could include acquiring a sufficient number of new, accessible rail cars to add to the fleet; modifying a sufficient number of the used rail cars to make them accessible; or relying on existing accessible vehicles in the entity’s fleet.

There are additional provisions concerning the short-term lease of rail cars by a commuter authority, as may be necessary as fill-ins for cars that need repairs; these requirements are found in § 37.87(d). As Appendix D to § 37.87 explains,

The section also parallels closely the requirements in the ADA for the purchase or lease of accessible used rail vehicles. We acknowledge that, in some situations, the statutory requirement for to make good faith efforts to acquire accessible used vehicles may create difficulties for rail operators attempting to lease rail cars quickly for a short time (e.g., as fill-ins for cars which need repairs). In some cases, it may be possible to mitigate these difficulties through means such as making good faith efforts with respect to an overall agreement between two rail operators to make cars available to one another when needed, rather than each time a car is provided under such an agreement.

With respect to such short-term leases (i.e., seven days or fewer), § 37.87(d) requires good faith efforts to include:

Having an agreement that an intercity railroad or commuter authority leasing vehicles will supply all available accessible rail cars before providing any inaccessible rail cars.

When more than one source of rail cars is available, documentation showing that the transit agency obtained all available accessible commuter rail cars from all sources before obtaining inaccessible commuter rail cars from any source.

There is an exception to these requirements for donated vehicles. In the rare circumstance that someone wishes to donate a vehicle to a public entity, the ADA does not prevent the transit operator from accepting a gift. Not all “zero dollar” transfers are donations, however. This rare situation requires entities to submit documentation to the FTA Regional Civil Rights Officer for verification. Soliciting donations of inaccessible vehicles is not permitted.

4.4.3Remanufactured Commuter Rail Car Acquisition

Requirement

(1) Remanufactures an intercity or commuter rail car so as to extend its useful life for ten years or more;

(2) Purchases or leases an intercity or commuter rail car which has been remanufactured so as to extend its useful life for ten years or more” (§ 37.89(a)).

“Intercity and commuter rail cars listed in paragraph (a) of this section shall, to the maximum extent feasible, be readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs” (§ 37.89(b)).

“For purposes of this section, it shall be considered feasible to remanufacture an intercity or commuter rail car so as to be readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless an engineering analysis demonstrates that remanufacturing the car to be accessible would have a significant adverse effect on the structural integrity of the car” (§ 37.89(c)).

Discussion

Regular maintenance does not constitute remanufacturing. A typical mid-life overhaul—one that does not extend a vehicle’s normal life—does not constitute remanufacturing. Neither does replacement of components, even major items such as the wheels and axles.

The requirement for a remanufactured vehicle to be accessible to the maximum extent feasible applies regardless of whether the vehicle is remanufactured in-house by transit agency personnel or is acquired as a remanufactured vehicle from a third party.

Historic Commuter Rail Cars

4.4.4Considerations for Acquiring Accessible Commuter Rail Cars

For commuter rail cars, the Part 38 Subpart E requirements cover car doorway-platform gaps, mobility aid accessibility, priority seating signs, and between-car barriers.

Public entities cannot make any departures from the specific technical and scoping requirements for commuter rail vehicles without a signed determination of equivalent facilitation from the FTA Administrator. (See Circular Section 5.3.)

FTA reminds commuter rail operators that the requirement, per § 37.42, for accessible boarding at all accessible cars of a train applies to rail platforms constructed or altered after February 1, 2012. This may affect the specifications for commuter rail vehicles that provide service to these new platforms. (See Circular Section 3.8.)

Doorway-Platform Gaps

Section 38.93 establishes standards for the horizontal and vertical gaps between the rail cars and the station platform or mini-high platform applicable to public entities. The maximum allowable gaps depend on whether the rail car is new or retrofitted and whether the platform is part of an existing, new, or key station. (See Circular Section 3.8.) Table 4-4 presents the maximum allowable horizontal and vertical gaps for unassisted level boarding.

Table 4-4 – Allowable Gaps between Platform and Commuter Rail Cars

Rail Car	Station Designation	Horizontal Gap	Vertical Gap
New	New	3 inches (max.)	± 5/8 inch
New	Existing	3 inches (max.)	± 1 1/2 inches
New	Key	3 inches (max.) for at least one door	± 1 1/2 inches
Retrofitted25	New or key	4 inches (max.)	± 2 inches26

Boarding Devices

Unassisted level boarding is not always possible in commuter rail systems. The Part 38 requirements allow for the use of various devices to board and alight wheelchair users and others who cannot climb steps. These devices include, for example:

Car-borne lifts

Ramps

Bridge plates (plates that bridge the gap and may be kept on the platform or in the vehicle and are often manually placed by the vehicle conductor)

Mini-high platforms (raised sections of the platform coordinated with the height of the doorway of the rail car)

Wayside lifts (portable lifts kept on the platform, also called station-based lifts)

Section 38.93(d)(4) permits public entities to use a lift, ramp, or bridge plate if “it is not operationally or structurally practicable to meet the horizontal or vertical requirements.” (The specifications of the lift, ramp, or bridge plate can be found in § 38.83.) Section 38.95(a)(1) specifies that all new commuter rail cars, other than level entry cars, must provide a compliant level-change mechanism or boarding device (e.g., lift, ramp, or bridge plate) for each. However, § 38.95(a)(2) states that where level-entry boarding is provided, or portable or platform lifts, ramps, or bridge plates, or mini-high platforms are provided, the car is not required to be equipped with a car-borne device.

Part 38 provides specifications for car-borne lifts in § 38.95(b), covering elements such as design load, slope, and platform surface. Section 38.95(c) specifies the requirements for commuter rail car ramps and bridge plates.

As discussed in Circular Section 3.8, § 37.42 establishes standards for platform-to-rail-car coordination for level boarding that accounts for the fact that clearance envelopes for freight traffic often do not permit the type of close coordination required for unassisted boarding.

Priority Seating Signs and Interior Circulation

Section 38.105 establishes requirements for signs in each commuter rail car that identify priority seats and ask other passengers to make these seats available to those who need them. The language an agency places on its signs does not need to match exactly the text in § 38.105(a) but instead capture the general requirement. Part 38 Subpart E does not include requirements for commuter rail vehicles to have securement systems or specific seating locations for individuals who use wheelchairs. But § 38.95(d) establishes the following requirement for mobility aid seating in commuter rail cars: “Spaces for persons who wish to remain in their wheelchairs or mobility aids shall have a minimum clear floor space 48 inches by 30 inches.”

Between-Car Barriers

When a commuter rail station provides high-platform level boarding, § 38.109 requires commuter rail cars that do not have between-car bellows to have devices or systems that “prevent, deter or warn” passengers from accidentally stepping off the platform into the gaps between rail cars. Section 38.109 does not require between-car barriers if the platforms have screens that close off the platform edge and open only in correct alignment with the doors of the rail cars. While the regulations do not prescribe any particular type of between-car barrier, they list pantograph gates, chains, and motion detectors as examples.

Directory: sites -> fta.dot.gov -> files -> docs
docs -> Federal Transit Administration Safety Advisory 14-1: Right-of-Way Worker Protection
docs -> Alternative Fuels and Propulsion Vehicle Incentives
docs -> Job Access Reverse Commute (jarc) Program fy 2010 Service Profiles
docs -> Review of the new jersey transit corporation
docs -> Review of new Jersey Transit Corporation
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

Download 1.93 Mb.

Share with your friends: