Public transit subrecipients must comply with the DOT regulations implementing the transportation related provisions of the Americans with Disabilities Act (ADA) of 1990 and Section 504 of the Rehabilitation Act of 1973, as amended. The regulations in 49 CFR Parts 27, 37, 38 and 39 set specific requirements transit providers must follow to ensure their services, vehicles, and facilities are accessible to and usable by individuals with disabilities.
ADA Regulation of Transit: The ADA affects transportation providers in several significant ways as included below:
- The ADA accessible vehicle requirements pertain to vehicle acquisitions for fixed route or demand responsive service.
- The ADA contains accessibility requirements for the design and construction of new transportation facilities and alterations to existing facilities.
- The ADA requires public entities providing fixed route service to provide complementary paratransit service for people with disabilities who cannot use fixed route service.
- The ADA includes service requirements intended to ensure that people with disabilities are afforded equal opportunity to use transportation vehicles and facilities.
- The ADA requires transit to provide information in accessible formats, and to use equipment that allows accessibility to information and communications.
- The ADA includes employment and training provisions that must be met.
Complaint Handling: Subrecipients must have a complaint form, complaint procedures and staff assigned to handle ADA complaints. Failure to comply with ADA not only results in the transit system being ineligible for Federal funds, but could also subject the system to private lawsuits. IMD must be notified of any ADA complaints or lawsuits filed against a transit system immediately upon notification to the transit system.
Facilities: IMD inspects all state and federally funded facilities for ADA compliance. Facilities include but are not limited to physical buildings, bus stops, and shelters.
Required Management Documents and Policies:
- ADA Plan for ADA demand responsive and/or complementary paratransit service;
- Service Animal Policy;
- Personal Care Attendant travel policy;
- Equivalent Service analysis;
- Lift inspection, maintenance and use policies; and,
- Complaint Procedures and staff responsibilities.