Airport Disability Compliance
Ensuring Disability Access in Airport Transportation Network Company Programs
1
Presented to: 2020 NCRTC Participants
Date: August 4, 2020
2
• Section 504 of the Rehabilitation Act (Sec. 504)
• Americans with Disabilities Act (ADA)
• Air Carrier Access Act
Airport Disability Compliance Authorities
3
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.)
4
• .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
5
• 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
6
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
7
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
8
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
9
• 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.)
10
11
Accessible Vehicles (cont.)
12
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.)
13
• 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
14
Questions
15
Top Related