Airport Disability Compliance

Ensuring Disability Access in Airport Transportation Network Company Programs

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Presented to: 2020 NCRTC Participants

Date: August 4, 2020

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• Section 504 of the Rehabilitation Act (Sec. 504)

• Americans with Disabilities Act (ADA)

• Air Carrier Access Act

Airport Disability Compliance Authorities

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Role RequirementsState/Local

government entity • Subject to Title II (Subtitle A) of the ADA

Recipient of Federal assistance • Subject to Sec. 504

Employer • Subject to Title I of the ADA

Landlord • Ensure tenants meet Title III of the ADA

Transportation provider • Subject to Title II (Subtitle B) of the ADA

Air travel • Subject to Air Carrier Access Act

Airport Disability Compliance Authorities (cont.)

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• .Nondiscrimination requirements– Responsible for contractors, tenants, and licensees– TNC’s are treated as taxis (DOJ statement of interest

to N.D. Cal.)– Reasonable modification / accommodation

• .Design standards for transportation facilities– Adopted for airports through Sec. 504 regulations (49

CFR 27.3(b))– Updates, effective November 2006 for ground

transportation programs

Requirements for Airport TNC Operations

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• Requirements to use accessible vehicles– Accessible vehicle standards in DOT ADA regulations – Accessible vehicles or equivalent service are often

required for private operators– Equivalent service defined in DOT ADA regulations– FTA Circular 4710.1 (November 4, 2015)

Requirements for Airport TNC Operations (cont.)

• See Day 2, Session 1• Reasonable modification is in addition to other obligations

– Receive and respond to requests– Advance notice– Undue burden, direct threat, and fundamental alteration

• Best practice: address foreseeable issues through clear policies

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Reasonable Modification

• Accessible path of travel (Sec. 209)• Accessible zones in loading areas (Sec. 209)

– 1991 Standard: provide signage– 2006 Standard: provide street marking for aisle, every 100’

Driving Lane 2006 Standard

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Design Standards

60” min. Aislewidth

Curb

1991: 240” min. Aisle length

Loading Aisle

Driving Lane

1991 Standard

2006: Aisle is full length of Space

Loading Aisle

Vehicle Space

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Design Standards (cont.)

• Vehicle design standards:– Lift / ramp – Securement area(s)– Vehicle floor surface (material, thresholds)– Door height and maneuvering clearance– Handrails

49 CFR Part 38

Accessible Vehicles

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• Requirements apply to private and public providers operating at airports

• Factors for determining whether services must use accessible vehicles:– Fixed route or demand responsive– In or not in business of providing transportation– Vehicles purchased / leased as new or as used– Vehicle type: bus, “automobile,” or other– Vehicle size: above or below the 8 passenger threshold

49 CFR 37.71-73, 37.101-103

Accessible Vehicles (cont.)

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Accessible Vehicles (cont.)

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Vehicle is a van or bus?

Vehicle does not need to be accessible. Equivalent service notrequired.

Vehicle does notneed to be accessible ifequivalent service provided.

Vehicle must be accessible.

Vehicle was new when acquired?

Fixed route service?

Vehicle capacity ≥ 8 people?

No

Yes

No No

Yes Yes

No

For each vehicle, operated by private entity, primarily in the transportation business:

Accessible Vehicles (cont.)

• Equivalent service determination factors:– Schedules/headways/response time – Fares– Geographic area of service– Service hours– Availability of information– Reservations capability (demand responsive system)– Constraints on capacity or service availability– Restrictions based on trip purpose

49 CFR 37.105

Accessible Vehicles (cont.)

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• U.S. v. Supershuttle International, Inc. (2002 Settlement)– http://www.ada.gov/superstl.htm– Insufficient accessible vehicles resulting in denials of service

• U.S. v. Starline Tours of Hollywood, Inc. (2011 Consent Decree)– http://www.ada.gov/star-line/starline-cd.htm– Inaccessible new fixed route vehicles and inaccessible on-demand

service• U.S. v. Supershuttle International, Inc. (2013 Settlement)

– http://www.ada.gov/supershuttle.htm– Surcharge and segregated service for passenger with a service

animal

Accessible Vehicles (cont.) - DOJ Enforcement

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Questions

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