Federal Transit Administration November 4, 2015 Subject: americans with disabilities act (ada): guidance
Chapter 11 – Other Modes 11.1Introduction
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- 11.2General Requirements
- Discussion
- 11.3Mode-Specific Requirements
11.Chapter 11 – Other Modes11.1IntroductionThe U.S. Department of Transportation (DOT) Americans with Disabilities Act (ADA) regulations anticipated that entities may employ new and different types of vehicles and systems in transportation service, including modes that had yet to be envisioned. The regulations in 49 CFR Part 38, Subpart H, include basic standards for some of these modes, and establish a process for determining accessibility standards for others that have not yet been developed. Basic accessibility standards are set forth in Subpart H for the following existing modes of transportation: Automated guideway transit vehicles and systems High-speed rail cars, monorails, and systems Trams and similar vehicles and systems In addition, Subpart H also establishes a process for determining standards for new types of vehicles and systems that may be developed, for which specific accessibility standards do not yet exist. This chapter introduces the two purposes of Subpart H. 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. 11.2General RequirementsRequirement“New, used and remanufactured vehicles and conveyances for systems not covered by other subparts of [Part 38], to be considered accessible by regulations in Part 37 of this title shall comply with this subpart” (§ 38.171(a)). “If portions of the vehicle or conveyance are modified in a way that affects or could affect accessibility, each such portion shall comply, to the extent practicable, with the applicable provisions of this subpart. This provision does not require that inaccessible vehicles be retrofitted with lifts, ramps or other boarding devices” (§ 38.171(b)). “Requirements for vehicles and systems not covered by [Part 38] shall be determined on a case-by-case basis by the Department of Transportation in consultation with the U.S. Architectural and Transportation Barriers Compliance Board (Access Board)” (§ 38.171(c)).
When modifying vehicles, § 38.171(b) requires agencies to make them accessible to the extent practicable. This can include removing stanchions that interfere with entry and exit by individuals using wheelchairs or other mobility aids, replacing fixed seating with fold-up seats to increase clear floor space, or replacing signage. The regulations permit transit agencies to develop and operate new vehicles and modes of transportation through advances in technology and innovative methods of delivering services. Under § 38.171(c), DOT and the Access Board must establish accessibility standards and specifications for new vehicles, modes, and services on a case-by-case basis. Transit agencies are encouraged to contact the FTA Office of Civil Rights with questions if they believe they will be operating a mode not covered by the existing regulations or acquiring vehicles not covered by the existing Part 38 specifications. FTA recommends that agencies review all elements of new services that they plan to operate to determine the applicability of Part 38. Similarly, FTA recommends that agencies review any new vehicles and systems to determine whether the Part 38 specifications in Subparts B, C, D, or E already apply. 11.3Mode-Specific RequirementsAs noted above, in addition to establishing a process for determining standards for new modes of transportation, Subpart H sets requirements for three specific existing types of vehicles and systems.
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:
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