Transportation Services Not Addressed in this Circular

1.4Transportation Services Not Addressed in this Circular

Intercity rail service (Amtrak), which is under the jurisdiction of both the Federal Railroad Administration (FRA) and DOJ.

Fixed route and demand responsive transportation services operated by private entities primarily engaged in the business of transportation (e.g., private bus companies, airport shuttles, taxi companies, and nonprofit agencies incorporated specifically to provide transportation), when the private entity is not a subrecipient or contractor to an FTA recipient or subrecipient. These entities are subject to provisions of the DOT ADA regulations for private entities primarily engaged in the business of transportation. In such cases, enforcement of the DOT ADA regulations is carried out by DOJ; however, a DOT operating administration with regulatory jurisdiction over a particular mode, such as the Federal Motor Carrier Safety Administration, may exercise its oversight and enforcement authority to seek compliance.

Fixed route and demand responsive transportation services operated by private entities not primarily engaged in the business of transportation (e.g., hotel shuttles, rental car shuttles, and transportation provided by human service agencies), when the private entity is not a subrecipient or contractor to an FTA recipient or subrecipient. These services are subject to provisions of both the DOT ADA regulations for private entities not primarily engaged in the business of transporting people and DOJ’s Title III ADA regulations. In such cases, administrative and judicial enforcement of both DOT and DOJ’s ADA regulations would be carried out by DOJ.

Services provided by airlines, which are covered by the Air Carrier Access Act and are subject to regulations implemented by the Aviation Consumer Protection Division of DOT’s Office of the Assistant General Counsel.

Airport transportation systems, which may fall under the jurisdiction of the Federal Aviation Administration or DOJ.

Transportation services for elementary and secondary education systems, which are covered by the Individuals with Disabilities Education Act and the regulations implemented by the Department of Education.

Services in public conveyances used primarily for recreational purposes, such as amusement park rides, ski lifts, or historic rail cars or trolleys operated in museum settings, which are covered by the DOJ Title III regulations (28 CFR Part 36).

Services provided by employers exclusively for their employees, which are covered under the Equal Employment Opportunity Commission’s Title I regulations (29 CFR Part 1630).

Almost all types of transportation providers are obligated to comply with Federal nondiscrimination regulations in one form or another. The only transportation services that fall outside the purview of the ADA and other nondiscrimination regulations are transportation services provided by religious organizations or entities controlled by religious organizations and transportation services provided by private clubs or establishments. (They are exempted from coverage under Section 307 of the ADA (42 U.S.C. `12187)).

1.5Organization of the Circular

The Circular includes 12 distinct chapters organized by topic. Because it is organized topically, the information presented does not necessarily follow the order the requirements appear in the DOT ADA regulations. The Circular is not intended to cover all of the provisions in the regulations but rather targets guidance to particular issues most relevant to the delivery of public transit service. Table 1-2 outlines the organization of the document.

Table 1-2 – Circular Chapters

Chapter Title	Description
1 – Introduction and Applicability	Overview of the scope and organization of the Circular and the regulations applicable to transit providers
2 – General Requirements	The fundamental nondiscrimination requirements, including examples of permitted and prohibited practices. Also includes crosscutting service provision requirements applicable to all modes of transportation (e.g., reasonable modification of policy, maintenance of accessible features, use of vehicle lifts, provision of accessible information, accommodation of service animals, and employee training)
3 – Transportation Facilities	The requirements that apply to new construction of transportation facilities and alterations at existing facilities, with a focus on common issues
4 – Vehicle Acquisition and Specifications	The requirements for acquiring new, used, and remanufactured transit buses, light rail vehicles, rapid rail vehicles, and commuter rail cars, along with vehicle design specifications
5 – Equivalent Facilitation	The process for seeking a determination from the FTA Administrator that permits alternative ways—by use of other designs and technologies—to comply with the regulations for vehicles and transportation facilities
6 – Fixed Route Service	Service provision requirements specific to fixed route bus and rail, such as priority seating, alternative transportation when bus lifts are inoperable, and stop announcements and route identification
7 – Demand Responsive Service	The requirements applicable to demand responsive services (other than complementary paratransit), including the equivalent service standard
8 – Complementary Paratransit Service	The requirements for complementary paratransit service, including service criteria, absence of capacity constraints, and origin-to-destination service
9 – ADA Paratransit Eligibility	The requirements pertaining to complementary paratransit eligibility, including eligibility criteria, basic process requirements, accommodation of companions and personal care attendants, and no-show suspensions
10 – Passenger Vessels	Guidance applicable to providing public transportation via passenger ferry services and accessibility requirements of landside facilities
11 – Other Modes	Overview of applicable requirements for less common vehicles and systems such as monorails and trams
12 – Oversight, Complaints, and Monitoring	Information on FTA’s oversight role, grantee complaint resolution requirements, and service monitoring

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

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