Federal Transit Administration November 4, 2015 Subject: americans with disabilities act (ada): guidance
Equipment Requirements for Accessible Service
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- Navigate this page:
- 2.3.2Maintaining Accessibility Features
- Accommodating Riders Who Rely on Working Accessibility Features
- Ensuring Accessibility Features Are Free from Obstructions
- 2.3.3Keeping Lifts/Ramps in Operative Condition
- Reporting Lift Failures and Removing Vehicles from Service
2.3Equipment Requirements for Accessible Service2.3.1Using Accessibility FeaturesRequirement“The entity shall ensure that vehicle operators and other personnel make use of accessibility-related equipment or features required by Part 38 of this title” (§ 37.167(e)). DiscussionIt is not enough for a transit agency to have accessibility-related equipment or features. Section 37.167(e) requires that agency employees use the equipment or feature in order to provide accessible service to riders. For example, this means that drivers deploy lifts or ramps when operating accessible vehicles or use the public address system if needed when making onboard stop announcements. 2.3.2Maintaining Accessibility FeaturesRequirement“Public and private entities providing transportation services shall maintain in operative condition those features of facilities and vehicles that are required to make the vehicles and facilities readily accessible to and usable by individuals with disabilities. These features include, but are not limited to, lifts and other means of access to vehicles, securement devices, elevators, signage and systems to facilitate communications with persons with impaired vision or hearing” (§ 37.161(a)). “Accessibility features shall be repaired promptly if they are damaged or out of order. When an accessibility feature is out of order, the entity shall take reasonable steps to accommodate individuals with disabilities who would otherwise use the feature” (§ 37.161(b)). “This section does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs” (§ 37.161(c)).
DiscussionSection 37.161(a) requires a transit agency to maintain accessibility features in facilities and on vehicles in working condition. When accessibility features are damaged or out of order, § 37.161(b) requires the agency to repair them promptly. The regulations do not state a time limit for making particular repairs, given the variety of circumstances involved. As Appendix D to § 37.161 notes, however, “repairing accessible features must be made a high priority.” For vehicles, examples of accessibility features include: Lifts and ramps Lighting
Mobility aid securement areas and systems Public address and other communications equipment Seat belts and shoulder harnesses (where securement systems are required) Signage
For facilities, examples of accessibility features include: Accessible paths to and within facilities Communications equipment Elevators Fare vending equipment and fare gates Platforms and handrails Ramps Signage
To meet the § 37.161(a) and (b) requirements, transit agencies are obligated to inspect all accessibility features often enough to ensure they are operational and to undertake repairs or other necessary actions when they are not. Section 37.161(c) does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs. FTA recommends taking the following steps when planning maintenance activities that will result in temporary unavailability of an accessibility feature: Schedule maintenance during non-service hours or the lowest demand times (and include this timing stipulation in any maintenance contract). Consider the effect the maintenance activities (and potential outages) will have on systemwide accessibility and provide replacement service if necessary during such periods. Refrain from taking elevators out of service simultaneously at multiple busy rail station hubs.
An accommodation may be as simple as designating personnel to provide information to customers when a public address system is out of order. One of the most common accommodations, however, involves elevators. When a station elevator is out of service due to mechanical failures or for scheduled maintenance, accommodations are often needed in order to prevent riders from being stranded and to allow them to continue to use the system. Appendix D to § 37.161 gives an example: [W]hen a rail system discovers that an elevator is out of order, blocking access to one of its stations, it could accommodate users of the station by announcing the problem at other stations to alert passengers and offer accessible shuttle bus service around the temporarily inaccessible station. An agency may decide to use a combination of means to fulfill the requirement in § 37.161(b) to take “reasonable steps to accommodate individuals with disabilities” when an elevator is out of service. FTA recommends announcing the outage at other stations (both visually and audibly) to alert riders, in combination with providing accessible shuttle bus service. The shuttle vehicles may be any accessible vehicles, including the agency’s paratransit vehicles. The shuttle service can be standing by or on call. Riders who know in advance about current elevator outages may be able to plan an alternative itinerary that would allow them to avoid the inconvenience of using the substitute bus service. Accordingly, good practices include providing elevator outage information on agency websites, through proper signage and recorded announcements at facilities, and through emails or text messages to rider notification lists, as well as through notifications to rider advocacy groups or others (for planned or longer term outages). FTA also recommends providing sufficient staffing at affected locations to guide any riders needing shuttle service or information. In some systems, convenient fixed route bus service already runs between rail stations. FTA recommends ensuring that station personnel are trained on any connecting bus service and prepared to direct riders capable of using the fixed route bus to the correct bus stop and route number to bypass a station affected by an elevator outage. Riders may prefer this option to waiting for an on-call shuttle service.
Where a transit agency does not have direct control over the areas with accessibility features, FTA encourages coordination with other public entities or private property owners. For example, the Massachusetts Bay Transportation Authority (MBTA) has agreements with the municipalities in which its 15 highest ridership routes operate where the municipality prioritizes the clearing of snow from bus stops along these routes. For other bus stops, MBTA’s website provides contact information for the agency responsible for snow removal. 2.3.3Keeping Lifts/Ramps in Operative ConditionRequirement“The entity shall establish a system of regular and frequent maintenance checks of lifts sufficient to determine if they are operative” (§ 37.163(b)). “The entity shall ensure that vehicle operators report to the entity, by the most immediate means available, any failure of a lift to operate in service” (§ 37.163(c)). “Except as provided in paragraph (e) of this section, when a lift is discovered to be inoperative, the entity shall take the vehicle out of service before the beginning of the vehicle’s next service day and ensure that the lift is repaired before the vehicle returns to service” (§ 37.163(d)). “If there is no spare vehicle available to take the place of a vehicle with an inoperable lift, such that taking the vehicle out of service will reduce the transportation service the entity is able to provide, the public entity may keep the vehicle in service with an inoperable lift for no more than five days (if the entity serves an area of 50,000 or less population) or three days (if the entity serves an area of over 50,000 population) from the day on which the lift is discovered to be inoperative” (§ 37.163(e)).2 DiscussionWhile § 37.161 outlines general requirements for maintaining accessibility features, § 37.163 establishes specific requirements for maintaining lifts used to board non-rail vehicles. FTA generally treats lifts and ramps interchangeably and applies these same requirements to maintaining ramps. An optional good practice for keeping lifts in working order is to have drivers cycle lifts (or ramps) as part of pre-trip inspections. Mechanics can repair any problems or, if necessary, assign spare accessible vehicles. Most transit agencies include lift cycling in all levels of vehicle inspection and maintenance. While pre-trip lift cycling is an optional good practice, it is not a regulatory requirement. Some transit agencies design other procedures for making regular and frequent checks of lifts. An alternative approach may be necessary if the logistics of pullouts make it difficult for each driver to make checks at the time of pullout. Some agencies ensure lift reliability by having maintenance personnel perform daily checks to verify that lifts work properly. Another optional good practice is to keep thorough records of lift operations checks. When transit agencies perform checks during pre-trip inspections, completed inspection forms serve as documentation. An additional optional good practice is for mechanics to document any lift inspections and include this information in each vehicle’s maintenance history.
In non-rail fixed route systems, except as discussed below, § 37.163(d) requires transit agencies to remove vehicles with inoperable lifts (and ramps) from service before the beginning of the vehicle’s next service day. An optional good practice, if possible, is to remove vehicles sooner (e.g., at the end of the run or driver’s shift). As covered in the regulations and discussed in Appendix D to § 37.163, “[w]hen a lift is discovered to be inoperative, either because of an in-service failure or as the result of a maintenance check, the entity must take the vehicle out of service before the beginning of its next service day . . . and repair the lift before the vehicle is put back into service.” When agencies do not have sufficient accessible spare vehicles available, § 37.163(e) permits agencies to return vehicles with inoperable lifts to service for limited periods as follows: Vehicles with inoperable lifts may be returned to service for up to three days if there are no available spares and the transit agency’s service area has a population of more than 50,000. Vehicles with inoperable lifts may be returned to service for up to five days if there are no available spares and the transit agency’s service area has a population of 50,000 or less. A transit agency cannot continue to use vehicles with inoperable lifts after these specified timeframes, even when there are no spares. Section 37.163(e) requires the agency to remove these vehicles from service until the lifts are repaired.3 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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