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



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2.7Oxygen Supplies

Requirement

“The entity shall not prohibit an individual with a disability from traveling with a respirator or portable oxygen supply, consistent with applicable Department of Transportation rules on the transportation of hazardous materials (49 CFR Subtitle B, chapter 1, subchapter C)” (§ 37.167(h)).
Discussion

As discussed in Appendix D to § 37.167, under the DOT hazardous materials rules, a passenger may bring a portable medical oxygen supply on board a vehicle. Specific requirements pertaining to compressed oxygen cylinders can be found in 49 CFR § 177.870(e). However, the commonly used portable oxygen concentrators are not considered hazardous materials and do not require the same level of special handling as compressed oxygen cylinders. Transit agencies, therefore, cannot require riders to secure such concentrators in a particular space on the vehicle (e.g., behind forward-facing seats), and § 37.167(h) requires that agencies allow riders to use the concentrators as needed while aboard the vehicle. (See FTA response to Complaint 09-0057 for an example of how FTA addressed a complainant’s objection to restrictions on transporting her oxygen supply.)

Questions concerning the transportation of compressed oxygen cylinders should be directed to the Pipeline and Hazardous Materials Safety Administration.


2.8Accessible Information

Requirement

“The entity shall make available to individuals with disabilities adequate information concerning transportation services. This obligation includes making adequate communications capacity available, through accessible formats and technology, to enable users to obtain information and schedule service” (§ 37.167(f)).
Discussion

All public transportation customers need access to adequate information to use a particular service. This requirement obligates transit agencies to ensure that individuals with disabilities also have access to adequate information, including schedules, routes, fares, service rules, and temporary changes. This broad crosscutting requirement applies to all modes. Parts 37, 38, and 39 each contain additional requirements related to information, which are covered elsewhere in this Circular.8

Providing information to individuals with sensory, and sometimes mobility and cognitive, disabilities can include the following:



  • Providing written information in accessible formats

  • Ensuring electronically published materials (e.g., websites) are accessible

  • Ensuring alternatives to audio communications are available

2.8.1Accessible Formats


For individuals who are blind or have low vision, accessible formats include, for example, large print, braille, audiotape, and electronic files usable with text-to-speech technology (also known as screen reader technology). As discussed in Appendix D to § 37.125 on paratransit eligibility, information “does not necessarily need to be made in the format a requester prefers, but it does have to be made available in a format the person can use. There is no use giving a computer disk to someone who does not have a computer, for instance, or a braille document to a person who does not read braille.”

FTA views this Appendix D discussion similarly to other requests for written information in accessible formats. In other words, if an individual requests schedule information on audiotape but can use electronic files (e.g., text files that can be rendered as speech, braille, or large print) with the same information, providing the information in electronic format is acceptable. Or a rider with a visual disability may need route and schedule information for bus service and request that information in audio format. Asking the rider which routes he or she will be using and creating audio files for only those routes rather than creating audio files for the entire set of bus routes is also acceptable if it meets the rider’s needs. FTA encourages agencies to work with individuals who request information to determine the most appropriate alternative formats.

In addition to this general requirement in § 37.167(f) for accessible formats, § 37.125(b) contains specific format requirements for complementary paratransit materials. (See Circular Section 9.10.1.)


2.8.2Accessible Websites


Transit agency websites are a primary source of information for riders. Having a fully accessible website is one of the best ways to ensure the adequate information required under § 37.167(f) is available to all riders. Website accessibility also reduces the need for an agency to provide alternate formats on a case-by-case basis. While the DOT ADA regulations do not set standards for website accessibility, FTA suggests that agencies review DOJ guidance, “Accessibility of State and Local Government Websites to People with Disabilities,” which also notes general related obligations under the Rehabilitation Act of 1973 (Section 504). For technical guidance on making websites accessible, see the Access Board’s Section 508 Standards for Electronic and Information Technology, which apply to the Federal government and address access to websites and other electronic information by people with physical, sensory, or cognitive disabilities. Other helpful information may be found in the Web Content Accessibility Guidelines.

2.8.3Alternatives to Audio Communications


For individuals who are deaf or hard of hearing, or who have speech impairments, providing accessible information includes offering alternatives to voice telephone communications, such as using (and having appropriate personnel trained to use) the national “711” relay service or other relay services available through states or telecommunications companies. It can also include using dedicated equipment such as telecommunications devices for the deaf (TDDs) or other advanced technologies people with speech or hearing disabilities use. Where telephone communications are a critical part of using transit services (e.g., customer service and information services, or on-call demand responsive or complementary paratransit services), FTA encourages agencies to obtain equipment that makes direct communication possible in addition to having relay services available. As new technologies become available, FTA also encourages agencies to use a variety of these options to accommodate riders with different abilities and personal equipment. For example, as more people adopt new technologies, it remains important to continue to advertise relay service numbers for riders who do not have or cannot use the latest technologies.

Whichever technologies transit agencies use, the training requirements at § 37.173 obligate them to ensure employees using the technology “are trained to proficiency, as appropriate to their duties,” to operate it. (See Circular Section 2.9.) For TDDs, if used, this means providing proper training to those assigned responsibility for their use, including having familiarity with the particular terminology and shorthand that such device users typically employ. This also means having at least one trained staff person available to make and receive TDD calls during the hours in which the telephone lines are open.

When using public transportation, riders who are deaf or hard of hearing also rely on visual information. The ADA Standards for Transportation Facilities (discussed in Circular Chapter 3) state, “Where public address systems convey audible information to the public, the same or equivalent information shall be provided in a visual format.” (See DOT Standards Section 810.7.)



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