Federal Transit Administration November 4, 2015 Subject: americans with disabilities act (ada): guidance
Chapter 4 – Vehicle Acquisition and Specifications
Download 1.93 Mb.
|
- Navigate this page:
- 4.1.1Standards for Accessible Vehicles
- Discussion
- 4.1.2Elements of Accessible Vehicles
- 4.1.3Stand-in-the-Shoes Acquisition Requirements
- 4.1.4Acquisition Requirements for Public Entities – In Summary
4.Chapter 4 – Vehicle Acquisition and Specifications4.1IntroductionBeginning in 1991, the U.S. Department of Transportation (DOT) Americans with Disabilities Act (ADA) regulations laid out a strategy for making public transportation vehicles accessible over time by requiring transportation providers to acquire vehicles that are “readily accessible to and usable by individuals with disabilities.” This phased-in compliance approach with the 49 CFR Part 38 Accessibility Specifications for Transportation Vehicles18 tied to acquisition will eventually make fixed route vehicle fleets fully accessible as older inaccessible vehicles are replaced with accessible ones. Nearly 100 percent of transit buses and rapid rail cars and 87 percent of commuter rail and light rail cars were reported to be accessible as of 2013.19 This chapter highlights the design requirements for accessible buses and vans and for rapid, commuter, and light rail cars as outlined in Part 38, and discusses the vehicle acquisition requirements that apply to various types of service. It ends with suggestions for ensuring acquired vehicles are in fact accessible. Vehicle acquisition includes both purchasing and leasing vehicles. It also includes vehicles that transit agencies receive through donations. The requirements vary depending on whether a transportation provider is a public entity (or an entity providing service on behalf of a public entity) or a private entity. As noted in Circular Chapter 1, public entities include state or local governments, special purpose districts, commuter authorities, and transit agencies, regardless of whether they are FTA grantees. The requirements also vary depending on transportation modes an agency provides and, in some cases, whether or not an agency is acquiring new, used, or remanufactured vehicles for these services. 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.
Requirement“For purposes of this part, a vehicle shall be considered to be readily accessible to and usable by individuals with disabilities if it meets the requirements of this part and the standards set forth in Part 38 of this title” (§ 37.7(a)). DiscussionAn “accessible” vehicle under the ADA is by definition one that meets the Part 38 design specifications. It is important to stress that public entities cannot depart from the specific technical and scoping requirements for vehicles in Part 38 without a signed determination of “equivalent facilitation” from the FTA Administrator. (See Circular Section 5.3.) 4.1.2Elements of Accessible VehiclesPart 38 contains technical design requirements for each of the four surface vehicles typically run by FTA grantees. Each vehicle type has its own subpart in Part 38: Subpart B – Buses and Vans Subpart C – Rapid Rail Vehicles Subpart D – Light Rail Vehicles Subpart E – Commuter Rail Cars Readers should refer to the relevant subpart for the technical design requirements. Because Part 38 is so expansive, this chapter focuses broadly on the crucial and sometimes overlooked accessibility elements. These accessibility elements are discussed below for each respective vehicle type, along with the relevant acquisition requirements. Readers seeking information on standards for bus rapid transit (BRT) are reminded that “BRT vehicles” are buses, and should direct their attention to the relevant sections of this Circular. Similarly, readers seeking information for “streetcars” should direct their attention to the standards and requirements for light rail. Although accessibility for buses and rail cars is commonly perceived to mean an individual using a wheelchair or mobility aid can board or alight the vehicle, this is a far from complete picture of accessibility. A fully accessible vehicle or rail car includes a number of additional important elements detailed in Part 38. The range of elements that make for an accessible vehicle is often best illustrated graphically. For example, as shown in Figures 4-1 and 4-2, for the respective interior and exterior elements of a bus, accessibility requirements include public address systems (on vehicles more than 22 feet in length), proper handrails, and stanchions. In addition, minimum overhead clearances, slip-resistant flooring, and sufficient lighting are part of vehicle accessibility. 
Figure 4-1 – Interior Accessibility Components of a Bus Longer Than 22 Feet Figure 4-2 – Accessibility Components of a Bus Exterior 4.1.3Stand-in-the-Shoes Acquisition RequirementsRequirement“A private entity which purchases or leases new, used, or remanufactured vehicles, or remanufactures vehicles, for use, or in contemplation of use, in fixed route or demand responsive service under contract or other arrangement or relationship with a public entity, shall acquire accessible vehicles in all situations in which the public entity itself would be required to do so by this part” (§ 37.23(b)). “A public entity which enters into a contractual or other arrangement (including, but not limited to, a grant, subgrant, or cooperative agreement) or relationship with a private entity to provide fixed route service shall ensure that the percentage of accessible vehicles operated by the public entity in its overall fixed route or demand responsive fleet is not diminished as a result” (§ 37.23(c)). DiscussionMany transit agencies use private contractors to operate all or some of their agency’s services. As discussed in Circular Section 1.3.2, § 37.23 obligates these agencies to ensure their contractors comply with the DOT ADA regulations. These stand-in-the-shoes provisions not only apply to service delivery, but also specifically to vehicle acquisition. As discussed in Appendix D to § 37.23, The “stand in the shoes” requirement applies not only to vehicles acquired by private entities explicitly under terms of an executed contract to provide service to a public entity, but also to vehicles acquired “in contemplation of use” for service under such a contract. This language is included to ensure good faith compliance with accessibility requirements for vehicles acquired before the execution of a contract. Whether a particular acquisition is in contemplation of use on a contract will be determined on a case-by-case basis. However, acquiring a vehicle a short time before a contract is executed and then using it for the contracted service is an indication that the vehicle was acquired in contemplation of use on the contract, as is acquiring a vehicle ostensibly for other service provided by the entity and then regularly rotating it into service under the contract. Agencies must also ensure that the percentage of accessible vehicles in their fixed route or demand responsive fleet is not diminished as a result of using a contractor. For example, if a public entity’s demand responsive bus fleet is 85 percent accessible, then at least 85 percent of its contractor’s vehicles used for the contract must be accessible. This requirement applies whether the vehicles to be acquired are new, used, or remanufactured
Service type – This includes fixed route bus, light or rapid rail, commuter rail, and demand responsive. Vehicle type – This is defined as rail or non-rail. Non-rail vehicles include buses and vans. Vehicle condition – This includes new, used, or remanufactured vehicles. Table 4-1 – Vehicle Acquisition Requirements for Public Entities
* Applicable only if a vehicle of historic character is operated solely on a segment of a fixed route that is included on the National Register of Historic Places **FTA also permits agencies to acquire inaccessible used vehicles. (See Circular Section 4.2.4.) As shown in the table, for each type of service and vehicle listed, the applicable requirements obligate public entities to acquire vehicles that are accessible unless one of the exceptions applies. Each requirement is explained in the following sections. Note that some language is deliberately repeated for completeness. These requirements again also apply to contractors that may be “standing in the shoes” to provide service for a public entity. (See Circular Section 4.1.3.)
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:
|
