statement regarding inability to obtain reasonable transportation

The FTA never intended its letters to be used as product endorsements or certifications of compliance. A manufacturer said it should not have to consult with disability groups: it had tried, and had a hard time finding anyone who would respond or who was technically qualified to help. If, as in many systems, the only transit employee aboard the train is in the driver's compartment in the front car, the employee will not be in a position to see who is sitting in a priority seat in the third car in the train, let alone ask someone to move from it. As a matter of guidance, we believe it is reasonable that if a passenger with a "hidden" disability wants a driver to ask someone to make room for use of a priority seat, the individual should tell the driver about the disability. WebAny Party claiming a Force Majeure event shall use reasonable diligence to remove the condition that prevents performance and shall not be entitled to suspend performance of The Department of Justice and the Access Board do not: In non-transportation contexts, if a facility owner determines that it has made an equivalent facilitation, if need not seek approval or confirmation from any Federal agency. drc.interpreters@dot.gov * * * * *(d) * * *(2) Wheelchair or mobility aid spaces. Requirements by transportation providers that passengers use a particular accommodation are also inappropriate under the ADA. United States, Email: drc@dot.gov The purpose of the detectable warning is to inform blind or visually impaired passengers that they are nearing the platform edge. The DOT study alluded to by commenters, with some qualifications, does support the proposition that standees may use lifts safely and successfully. Washington, DC 20590 Finally, the need of transit properties for time to determine which specific detectable warning product is best for their systems and to go through their procurement processes is reasonable to take into account. One rail operator cited a 1991 study performed by a consultant for DOT that noted a number of problems that had occurred in early installations of detectable warnings. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. WebStatement regarding reasonable accommodation under the Fair Housing Act generally apply to requests for reasonable accommodations to rules, policies, practices, and For example, if a transit authority provides an on-board wheelchair for use by standees on lifts, the transit authority could not insist that a standee sit in the wheelchair in order to use the lift. One of these commenters simply said that the current rule should be left in place, without change. This rule is not a significant rule under the Executive Order on Regulatory Planning and Review. The NPRM also noted that the Department's concerns did not relate to the cost of installing detectable warnings in key stations. Moreover, some fairly subtle differences among designs could produce differences in effectiveness that might not be apparent to manufacturers or DOT. PAGE 2158 FR 63092, *63100(ATMs). The chance of the future event or events occurring is more than remote but less than likely. Thirty-one state and local agencies working with disability matters, three private transportation providers, three members of Congress (Senators Harkin and Kennedy and Representative Mineta), and four other commenters also advocated not changing the existing rule. 2. Some of these commenters expressed the concern that requiring enforcement could lead to confrontations between drivers and passengers or could disrupt service. Even when Amtrak leases an entire consist from a commuter authority after that date, the consist will necessarily include at least one accessible car, assuming the commuter authority lessor is in compliance with the rule. Our staff will work with you to understand how your limitations impact your ability to perform your critical job tasks. WebUnlawful use of means of transportation can result in a conviction of class 5 or class 6 felony. 10 0 obj <> endobj It is a way of encouraging innovation and the application of newer technologies. The Department's proposal was based on a belief that rail operators may need additional time to resolve concerns over adhesion, durability, and maintainability of detectable warning materials in the context of key station modifications. The Department is adopting this proposal without change. Any such use of these letters, or reliance on these letters in marketing materials, is unauthorized, and potential customers for these products should disregard claims of this kind. 12101-12213); 49 U.S.C. (3) The entity is not required to enforce the request that other passengers move from priority seating areas or wheelchair securement locations. (2) This requirement applies to light rail, rapid rail, and commuter rail systems only to the extent practicable. The DRC will then purchase the items or services outlined in the Action Plan, at no additional cost to your operating administration. The Department is free to consider safety or reliability information that may be developed by the Access Board as it reviews detectable warnings. This means, of course, that detectable warnings were to be in place by that date. Their focus was on what could happen. The Department will extend the required completion date for the installation of detectable warnings in existing key stations to July 26, 1994. Four rail operators suggested that the 18 months should start to run from the time that FTA or the Access Board completed its research on detectable warnings. (The study suggests that frequent cleaning is important.) These concerns include the possibility of adhesive failures and "lift-off" (i.e., the corners of segments of the materials may come up) as well as durability. The comments to this docket were considered in context of that rulemaking and were reflected in its preamble. INTRODUCTION. Another commenter said the Access Board specification for [*63094] detectable warnings should be made more precise, and that the "pathfinder" design had some international acceptance. Safety railings on platforms, while perhaps useful for safety of visually impaired passengers, could create crowding and obstacles for other passengers, and might not be practical given that train doors do not always stop at the same point on a platform. While managers and employees are experts in their respective fields, they may not know how to go about providing specific reasonable accommodation solutions for different situations. The Department will adopt the proposed provision, which appears workable both to Amtrak and disability community commenters. PAGE 1858 FR 63092, *63099transit agencies asked for guidance on how to identify people with hidden disabilities for priority seating purposes (one of these commenters suggested that such passengers self-disclose). Transit providers have asked the Department whether they have an obligation under the ADA to direct other passengers to move from designated priority seats or from fold-down seats over a wheelchair securement location when a passenger with a disability enters the vehicle. The availability of seating or securement space is an integral part of accessibility (i.e., having a vehicle that is "readily * * * usable by" an individual with a disability). We expect economic impacts to be minimal, so we have not prepared a regulatory evaluation. Copies of the final rule are available in alternative formats on request. [49.CFR 37.163 (f)] SECTION 12 - PRIORITY SEATING . The two types of machines are similar enough in the operations that consumers must perform that the same requirements make sense in both contexts. In @ 37.165, paragraph (g) is revised to read as follows:@ 37.165 -- Lift and securement use. All documents and other information concerning the request shall be available, upon request, to members of the public. United States, Phone: 888-446-4511 In other words, we believe it is more important to do the job right than to do it immediately. The discussion below pertains to this timing issue. @ 38.113 -- [Amended] 11. PTSB described, in some detail, how the design and operation of a particular lift model (a front door "arcing" lift manufactured by EEC, Inc., Model 141) could create specific hazards for standees. 35 0 obj <>/Filter/FlateDecode/ID[<219546CA2F0B1B4A956CBC6DFEFAA54F>]/Index[10 48]/Info 9 0 R/Length 119/Prev 123083/Root 11 0 R/Size 58/Type/XRef/W[1 3 1]>>stream Only one commenter, a person with a disability, opposed the proposal, saying it could cause litigation and a backlash against disabled riders. endstream endobj 11 0 obj <> endobj 12 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/Type/Page>> endobj 13 0 obj <>stream (iii) The entity shall sponsor at least one public hearing on the request and shall provide adequate notice of the hearing, including advertisement in appropriate media, such as newspapers of general and special interest circulation and radio announcements. These factors make a persuasive case for not unduly postponing the installation of detectable warning materials that can prevent death, injuries, and narrow escapes of the kind cited in the record. The case of installing detectable warnings sooner, rather than later, is made stronger by three publicly reported deaths of visually impaired passengers in the time since the comment period for this rulemaking closed, of which the. Again, I must emphasize he needs to be reasonably sure and NOT Since the situation of air carriers making equivalent facilitation requests concerning facilities at public airports is very similar to that of the airport sponsors themselves, we decided to apply the same procedural requirements to both. WebThe CPA performs procedures in order to obtain reasonable assurance (defined as a high but not absolute level of assurance) about whether the financial statements are free from material misstatement. These support services are provided throughout DOT, regardless of an employee's geographic location. The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) changed the name of the former Urban Mass Transportation Administration (UMTA) to Federal Transit Administration (FTA). Other comments addressed a variety of concerns. The conclusion the Department draws from this study is that there are documented practical problems with the installation and maintenance of some detectable warning materials, which it is necessary for transit properties to address if their installation of detectable warnings is to be successful. PAGE 1258 FR 63092, *63096commenter said it was inappropriate for a transit authority to require a standee to use the handrail (i.e., because it might be more dangerous for the passenger to release his or her grip on a walker or crutch to grasp the handrail); one transit authority wanted to be able to impose such a requirement. This will inform passengers that such a request may be made and that they should comply. Web1. In particular, transit authorities said that safety (e.g., a potential tripping hazard), durability, and maintainability questions about detectable warnings had not been answered satisfactorily. It also mentioned a technical safety concern relating to the interface of the detectable warning strip and the yellow safety stripe at the platform edge. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. Thirteen of the remaining comments were from manufacturers of detectable warnings and associated products, with four from state or local agencies working on disability matters and two each from state or local transportation agencies and other commenters. The first change would extend until July 1994 the compliance date for retrofitting key rail station platforms with detectable warnings. An entity wishing to employ equivalent facilitation * * * shall submit a request to UMTA or FRA, as applicable, and include the following information: (list of five items of information). Webthe issuance of Statement on Auditing Standards No. Given the urgency of the concerns expressed by disability community comments and the strong safety rationale for installing detectable warnings, the Department will not adopt the proposed 18-month extension, however. The basic view of these commenters was that the proposed extension of the completion date was needed to address the concerns cited in the NPRM. Operators can only make the request but cannot enforce it. * * * * *, 8. This extension applies only to detectable warnings. (2) The requesting party shall provide the following information with its request:(i) Entity name, address, contact person and telephone;(ii) Specific provision of appendix A to this part with which the entity is unable to comply;(iii) Reasons for inability to comply;(iv) Alternative method of compliance, with demonstration of how the alternative meets or exceeds the level of accessibility or usability of the vehicle provided in appendix A to this part; and(v) Documentation of the public participation used in developing an alternative method of compliance.PAGE 2558 FR 63092, *63102(3) In the case of a request by a public entity that provides transportation facilities (including an airport operator), or a request by an air carrier with respect to airport facilities, the required public participation shall include the following:(i) The entity shall contact individuals with disabilities and groups representing them in the community. 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