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http://archive.org/details/adatransportatioOOkrwi

ADA TRANSPORTATION ACCESSIBILITY
REFERENCE GUIDE

PROJECT ACTION

NATIONAL EASTER SEAL SOCIETY

U.S. ARCHITECTURAL AND TRANSPORTATION

B/iRRIERS CC'IPLUNCE EO/JID

KRW INCORPORATED

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ADA TRANSPORTATION ACCESSIBILITY
REFERENCE GUIDE

PROJECT ACTION

NATIONAL EASTER SEAL SOCIETY

U.S. ARCHITECTURAL AND TRANSPORTATION

BARRIERS COMPLIANCE BOARD

KRW INCORPORATED

(

ADA TRANSPORTATION ACCESSIBILITY

TRAINING PROGRAM
PREPARED FOR:

U.S. Architectural and Transportation

Barriers Compliance Board

1331 F Street, N.W.

Suite 1000

Washington, DC 20004-1111

PREPARED BY:

KRW Incorporated

2387 S. Dove Street

Alexandria, VA 22314

(703) 836-4691

March 1993

ACKNOWLEDGEMENT

This training material was prepared by KRW Incorporated under contract to the U.S.
Architectural and Transportation Barriers Compliance Board. To assist in the preparation
of the material, an Accessibility Advisory Board was formed by KRW. That Board
included transit users who are blind, visually impaired, hearing impaired, and wheelchair
dependent Each Board member identified barriers and problems they had personally i

encountered in the use of transportation vehicles and facilities and participated in the |

documentation of accessibility barriers/problems and their solutions. These individuals _.

provided invaluable assistance to the successful preparation of this training and resource Qj

material. The presentation of this course is funded by Project ACTION through the
National Easter Seal Society under a cooperative agreement with the U.S. Department of
Transportation, Federal Transit Administration.

CONTENTS

UNIT TITLE

1 The Total Trip: A Series of Accessible Routes

Trip Planning

Accessible Route Between Trip Origin or Destination
and the Transit Facility Entrance

4-1

Accessible Route Between the Transit Facility
Entrance and the Boarding Platform - Bus Stops

4-2

Accessible Route Between the Transit Facility Entrance
and the Boarding Platform - Bus Terminals/Rail Stations

5-1

Accessible Route Between the Boarding Platform and the
Vehicle - Buses/Vans

5-2

Accessible Route Between the Boarding Platform and the
Vehicle - Rail Vehicle from a Level Boarding Platform

5-3

Accessible Route Between the Boarding Platform and the
Vehicle - Step Entry Vehicle

5-4

Accessible Route Between the Boarding Platform and the
Vehicle - Mobility Aids Accessibility and Securement Devices

6-1

Vehicle Enroute Accessibility - BusesA^ans

6-2

Vehicle Emoute Accessibility - Rapid Rail Vehicles

6-3

Vehicle Enroute Accessibility - Light Rail Vehicles

6-4

Vehicle Enroute Accessibility - Commuter Rail Cars

6-5

Vehicle Enroute Accessibility - Intercity Rail Cars

(

THE TRAINING OBJECTIVES.

o To explain to transportation planners, designers, operators and government officials

particular application of ADAAG to fixed transportation facilities, and

o To illustrate barriers that may be encountered by persons with various disabilities

using transportation vehicles and to help transportation planners, operators, and
government officials develop solutions to those barriers.

A little less formally stated, the objective is to create an awareness, a sensitivity if you will,
of the needs of persons with disabilities, of the ADAAG standards and how they are
applied to help them better use transportation systems.

THE PURPOSE OF THE REFERENCE GUIDE

To provide transportation planners, designers, operators, and government officials
with a quick and comprehensive reference to the DOT Rule and the ADA
Accessibility Guidelines as they apply to transit vehicles and facilities, and

To provide a discussion of solutions to most of the problems that are encountered
by persons with disabilities.

UNTTl
THE TOTAL TRIP: A SERIES OF ACCESSIBLE ROUTES

INTRODUCTION

Slides 1, 2

This training course is developed in a series of training units. Groups of units can be
selected to simulate the various trips individuals with disabilities, including individuals who
use wheelchairs, may take using the one or a combination of the various transportation
system modes. The course is structured so that you, as a training participant, can simulate
the trip that individuals with disabilities take. You will experience the problems and
barriers the individuals who use wheelchairs and others with disabilities experience by
reviewing and discussing a series of problems and solutions that may be encountered during
each segment of the total trip.

To provide a uniform framework for describing an accessible "Total Trip," some consistent
terminology must first be established. The total trip is defined as a series of smaller trips
taken by travelers using various transportation systems between their origins and
destinations. The term "systems" is particularly difficult to deal with because of the
widespread and meaningful uses it enjoys. The definition of system in the next section, sets
the framework for this course. Once the system has been defined, it can be broken down
further into its components and elements.

The element is the key to accessibility. Barriers are generally identified and addressed at
the element level. Thus, if all of the elements that make up a component are accessible,
the component will be fully accessible and if all of the components of a system are
accessible, the system will be accessible. Finally, if all the systems (transportation systems)
used to make a particular total trip are accessible, then individuals with disabilities,
including individuals who use wheelchairs, will be able to make their total trips free of
barriers.

The next section, "Definitions," establishes a uniform framework for describing the features
one encounters during the total trip. Once a uniform framework has been established, the
following section, the "Total Trip Concept," explains how a total trip is nothing more than
a series of accessible routes between a defined origin and destination.

DEHNITIONS

SYSTEM: A SYSTEM is the entire transportation system in a specific geographic area.
The total system is composed of various transportation subsystems. Examples include the
highway/roadway system, a pedestrian walkway system, a parking lot system, single-mode
transportation systems such as fixed route bus systems; rapid, light, commuter, and intercity
rail systems; over-the-road bus systems; van and small bus systems; and other transportation
systems. Mixtures of these modes are common and the largest multimodal SYSTEMS can,
in effect, be made up of all of these individual transportation systems.

1-1

An alternate definition of a system, from the traveler's perspective, is a continuous route
connecting the traveler's origination and destination points. An entire transportation
system consists of the totality of the systems (i.e., routes) that travelers might use. A
person with a disability is much more interested in the specific system he or she will use
on a given trip. System failure (nonaccessibility) usually occurs because of a lack of
continuity between the components and elements of the system.

COMPONENTS : A component is a major part of a transportation system. Such major
system parts are grouped into route components, vehicle components and facility
components. For either definition of system given above, it is seen that each is a particular
combination of route, vehicle and facility components. Analysis of system and component
accessibility entails examination of all vehicle/facility interfaces for accessibility in addition
to that for each route, vehicle and facility component. Buses of all sizes, various rail
vehicles, etc., are examples of vehicle components. Facility components include bus stops,
bus terminals, transit stations, etc. Route components include the path of travel from home
to a transit stop or facility, the path through the vehicle or the facility, etc.

ELEMENTS: An element is a constituent part of a component. The elements of a bus
include the bus lift, signs, aisle width, handrails and stanchions, securement device, door,
etc. Examples of transit station elements are ramps, signs, elevators, doors and gates, stairs
and escalators, tactile warnings, platform/train interfaces, etc. Elements of a route include
curb ramps, crosswalks, street furniture, etc.

SINGLE-MODE SYSTEMS: Specific single-mode mass transportation systems are defined
in the DOT Final Rule. Such systems include fixed route systems: bus, rapid rail, light rail,
commuter rail, demand responsive systems, paratransit systems and vanpools. The
definitions of these systems given in the DOT Final Rule are presented in the Appendices.

VEHICLES: Specific mass transportation vehicles are also defined in the DOT Final Rule
including bus, light and heavy rail vehicles, over-the-road buses, commuter rail car, intercity
rail passenger car, new/used/remanufactured vehicles and other vehicles. The vehicle
definitions are presented in the Appendices as given in the DOT Final Rule.

FACILITY: All or any portion of buildings, structures, site improvements, complexes,
equipment, roads, walks, passageways, parking lots, or other real or personal property
located on a site.

ACCESSIBLE ROUTE: A continuous unobstructed path connecting all accessible
elements and spaces in a building or facility. Interior accessible routes may include
corridors, floors, ramps, elevators, lifts, and clear floor space at fixtures. Exterior accessible
routes may include parking access aisles, curb ramps, walks, ramps and lifts.

ACCESSIBLE VEHICLE: A transportation vehicle shall be considered readily accessible
to and usable by individuals with disabilities if it meets the requirements of Part 37,
Transportation Services for Individuals with Disabilities (ADA), and the standards of Part
38, ADA Accessibility Specifications for Transportation Vehicles, of the 1991 DOT Final
Rule.

SITE: A parcel of land bounded by a property line or a designated portion of a public
right-of-way.

1-2

ACCESSIBLE FACILITY: A transportation facility shall be considered readily accessible
to and usable by individuals with disabilities if it meets the requirements of Part 37,
Transportation Services for Individuals with Disabilities (ADA) and the standards of
Appendix A of Part 37 of the 1991 DOT Final Rule.

THE TOTAL TRIP CONCEPT

Slide 3

The total trip - from a traveler's perspective - is a series of trip segments which when
connected form a continuous route between the traveler's origin and destination. Because
of their barrier-avoidance needs, persons with disabilities must research and determine the
feasibility of each specific segment they plan to use in traveling from one place to another.

Exhibit 1 illustrates the typical trip segments which comprise a total trip. Travelers with
disabilities first plan and, where a planned trip is feasible for them, proceed from origin to
destination via these well-defined trip segments. The nomenclature for the trip segments
is as follows:

SO: Trip Planning

SI: Origin to Transit Facility Entrance

S2: Transit Facility Entrance to Boarding Platform

S3: Boarding Platform to Vehicle

S4: Vehicle Enroute

S5: Vehicle to Boarding Platform

S6: Boarding Platform to Transit Facility Exit

S7: Transit Facility Exit to Destination

S8: Boarding Platform to Boarding Platform

This nomenclature describes each trip segment by its beginning and endpoint of travel.
Each type of trip segment is displayed as a rectangle in the exhibit. The path of travel
followed during each trip segment is shown just below each rectangle. For example, the
path of travel for segment SI is the accessible route that a person with disabilities would
take between his or her home and the transit facility entrance. If the transportation mode
were a fixed route bus system, the transit facility entrance would be the point where the
person passes the property line of the bus stop area. The same point of property-line
passage definition of entrance would apply to rail systems, however the corresponding S2
segments for a bus stop and a rail station are considerably different. More explicitly, for
a bus mode, the S2 path of travel would be a short path within the bus pad area. For a rail
mode, the S2 path of travel would be a much longer, possibly multilevel, path within the
rail system transit facility. The path of travel shown in Exhibit 1 for each of the remaining
trip segments are self explanatory and helpful in visualizing potential barriers/problems in
"negotiating" each path.

The most critical trip segment is SO, Trip Planning. Here, the persons with disabilities must
use the telephone, system maps, advice of others familiar with the system's

1-3

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barriers/problems, and other aids to assess the feasibility of the trip. Ascertaining feasibility
requires anticipating the barriers that the trip will present and "mentally" overcoming them
beforehand. Only when feasibility is firmly established can travelers with disabilities begin
the trip.

From Exhibit 1, it is seen that trip segments SI through S7 would be taken by travelers on
any single-mode trips not involving transfers to other vehicles or other modes. As outlined
with dotted lines in the exhibit, same-mode transfers are initiated by trip segment S8,
wherein the path of travel is within the transit facility and proceeds from one boarding
platform to another. Thereafter, as shown in the exhibit, the single mode trip would be
completed via trip segments S3 through S7. If other transfers were made, they would be
initiated by a trip segment S8 at the transfer point. Appropriate use of trip segments SI
through S8 as illustrated by this single-mode with-transfer(s) trip can be used to describe,
and plan in detail, any "total trip." This illustrates the generic nature of the trip segments
and the straightforward building block approach to transportation trip planning that
travelers with disabilities must thoroughly complete.

This building block approach applies equally well to inter-mode transfers, also outlined with
dotted lines in Exhibit 1. These transfers would be initiated after leaving the platform and
traveling to the exit of one modal facility (trip segment S6) and proceeding along a route
from the entrance to the boarding platform of the second modal facility (Segment S2)
followed by boarding the second mode vehicle (Segment S3) to complete the transfer.
Thereafter, the traveler would continue via segments S3 through S7 to complete the trip
on the new mode. Should other transfers be required before trip end, they would be
initiated either by a same-mode segment, S8, or a new-mode segment, S2, and proceed as
explained above.

This training program has been developed to enable the participant to simulate a total trip
using various transportation systems. The training program has been developed in a series
of units which correspond to the basic trip segments which make up a total trip.

The number of trip segments for which training units are presented has been narrowed
down to the first four: SI, S2, S3, and S4. Note that S5 and S3 are both passages between
a boarding platform and a vehicle, one leaving (S5) and the other boarding (S3). The
barriers associated with either of these trip segments are presented in the same training
unit. This also applies to the two other mirror-image pairs of transit segments: S6 and S2,
and S7 and SI. Finally, S8 is essentially an S2, both of which involve passage within a
transit facility.

Slide 4

Exhibit 2, The Four Basic Trip Segments, summarizes the abbreviated version of the more
detailed total trip. For each of the four basic trip segments, the exhibit shows various
combinations of transportation systems and components that might be used during that
segment of the trip. The exhibit includes most of the available means of transportation in
urban or suburban areas within the United States. With the addition of the Trip Planning
segment mentioned earlier, a total trip - single-mode or multi-mode - origin to destination

1-5

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can be simulated by using combinations of these basic trip segments.

The following training materials have been developed to address the problems/barriers
individuals with disabilities, including individuals who use wheelchairs, encounter when
taking a total trip. You can make up the trip of your choice and put your own training
course together by simply selecting the appropriate training units for that trip.

SHde 5

For ease of reference. Exhibit 3 provides a listing of the course unit numbers that apply to
each of the four basic trip segments. Unit 2 in these course materials addresses the
barriers that may be encountered during the trip planning phase.

An example of how to assemble the course materials for a typical home-to-work trip
follows. The activities in the left column describe each segment of the trip. The
corresponding course unit number and titie are presented in the right column. Note that
some of the units are listed at the start of the total trip and again toward the end of the
total trip (e.g.. Units 3 and 4-2). For this example, the tities of those units have been
changed slightiy to represent a particular trip segment. Even though these title changes
have been made here to illustrate a point, the basic Unit contained in the course material
addresses all of the barriers that may be encountered during these trip segments regardless
if one travels from an entrance to a platform or from a platform to an exit within that
particular type of transportation facility.

TRIP SEGMENT DESCRIPTION

COURSE UNIT NUMBER AND TITLE

Plan your trip

Travel to the Bus Stop

At the Bus Stop

Getting on the Bus

Riding on the Bus
Transfer to Rapid Rail

At the Platform

Riding on the Rapid
Rail Vehicle

Unit 2 Trip Planning

Unit 3 Accessible Route Between Trip Origin

and the Transit Facility Entrance

Unit 4-1 Accessible Route Between the Transit

Facility Entrance and the Boarding Platform -

Bus Stops

Unit 5-1 Accessible Route Between the

Boarding Platform and the Vehicle - Buses/Vans

Unit 5-4 Mobility Aids and Securement Devices

Unit 6-1 Vehicle Enroute Accessibility -

Buses/Vans

Unit 4-2 Accessible Route Between The Transit

Facility Entrance and The Boarding Platform -

Bus Terminals/Rail Stations

Unit 5-2 Accessible Route Between the

Boarding Platform and the Vehicle - Rail

Vehicle Level Boarding Platform

Unit 6-2 Vehicle Enroute Accessibility - Rapid

Rail Vehicles

1-7

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the Street Boarding Platform and Transit Facility Exit f

From the Street to your Unit 3 Accessible Route Between Transit

Office Facility Exit and Destination

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UNIT2
TRIP PLA^fNING

SCOPE

Prior to embarkmg on a trip, persons with different disabilities will ask different questions
about the planned trip. Each will pursue different aspects of some questions in great
depth, depending on the nature of his or her disability. In the main, all will ask various
forms of the following questions:

Slide 1 Ql: Can Your System Get Me TTiere?

This question inquires not only about the geographical extent of the
system and its on-the-system accessibility, but also asks about the
proximity of the traveler's origin and destination point to the system,
hours of operation, etc. If any of these general characteristics of the
system fail to meet the needs of the user, he or she will not even
attempt to use the system and will ask no further questions. Most
persons with disabilities will pose Question 1 and the succeeding
questions to the transit agency first For increased assurance of
feasibility, they will ask these questions again of friends and others
who may have the ssmie disabilities.

Q2: Tell Me About the Entry and Exit Points?

This question addresses the exact location, and accessibility provisions,
of the entry and exit points of the system. Note that this question
must also be asked by those in the general public who are unfamiliar
with the system. Hence, the extent to which the requested
information is available to the general public largely determines the
extent of the barriers perceived by potential first time users. This
entry/exit information is crucial to blind and low vision travelers who
often conduct a pre-trip "practice run" to at least the entry point.

Q3: Wayfinding, which requires a host of questions about:

Getting on the bus, rail car, other vehicles.

Getting through terminals and stations.

Gaining status awareness (announcements, signage, lighting,

elevation changes, elevator control panels, escalator locations).

Transfer points and other vehicle/facility interfaces.

Leaving the system, including where to exit vehicle, when (i.e.,

how to anticipate?), and where (i.e., the characteristics of the

exit point from the system-side).

2-1

DEHNmONS

Slide 2

Text Telephone: Machinery or equipment that employs interactive graphic (i.e., typed)
communications through the transmission of coded signals across the standard telephone
network. Text telephones can include, for example, devices known as TDD's
(telecommunications display devices or telecommunication devices for deaf persons) or
computers. The operant word is "interactive", meaning the ability to conduct a real-time,
two-way conversation.

Braille: A system of writing for blind persons that uses characters made up of raised dots.

Braille Writer: A machine for writing Braille. ^

Braille Alphabet: ^ k r H p f n h ; i

• •

CapKdl Numeral
Sign Sign

• • •• •• •• •• •• •• ••

braille alphabet

Pictograms: One of the symbols belonging to a pictorial graphic system, a pictograph.

Slide 3

Sans serif: A letter or type face with no serifs. Serifs are any of the short lines stemming
from and at an angle to the upper and lower ends of the strokes of a letter.

Deal tray: A drawer-like tray used to distribute articles from a secured area to an
unsecured area. Commonly used at drive-up windows at banks.

2-2

APPLICABLE STANDARDS

Space Allowance and Reach Ranges ADAAG 4.2

Accessible Route ADAAG 4.3

Doors ADAAG 4.13

Storage ADAAG 4.25

Controls and Operating Mechanisms ADAAG 4.27

Signage ADAAG 4.30

Telephones ADAAG 4.31

Fixed or Built-in Seating and Tables ADAAG 4.32

Automated Teller Machines ADAAG 4.34
Sales and Service Counters, Teller Windows,

Information Counters ADAAG 7.2

Fixed Facilities and Stations ADAAG 10.3; 10.3.1(18)

PROBLEMS AND SOLUTIONS

Information on transit system accessibility can be delivered in various ways. Each method
of delivering the information poses special problems to the transit agency and the people
with various types of disabilities. System information presented in such a way that it is
accessible to a person who is blind may not meet the needs of a person who is deaf. Thus,
information regarding the accessibility of a transit system must be developed recognizing
the relevant differences between disabilities (e.g., mobility, vision, hearing or cognitive
impairments).

The following problems and solutions address those differences for three methods of access
to the information, namely: telephone, written media and over-the-counter access. Some
of the following can be applied to existing services whereas, for new construction and
alterations, the standards in Appendix A (ADAAG) to Part 37 are mandatory. The last
set of problems and solutions addresses training requirements.

Check List of Problems

n Telephone Access

□ Written Media Access

n Over-the-Counter Access

n Training

2-3

n Telephone Access

Problem; People who have hearing disabilities cannot obtain information about the
transit system over the standard telephone.

Slide Solution: Transit agency information offices must provide information in accessible
4 formats. Therefore, they should have text telephones available and should staff each

shift with a person who knows how to use the text telephone. Another option for
transit agencies is to utilize a text telephone service agency. This allows people with
hearing disabilities to call the text telephone service agency and correspond with a
person who is skilled in the use of the text telephone. The service agency then
relays the message via a voice phone to the transit agency.

Problem: People who are visually impaired or blind and want to travel by public
transit must be able to obtain detailed directions over the telephone about how to
get to and use the transit system.

Slide Solution: Transit information clerks must be sensitive to the needs of visually
5 impaired or blind people and be able to provide very specific directions. Transit

information clerks must have the information available to them (e.g., maps and
transit facility layouts) so that they can refer to those materials when giving
directions.

Problem: People with walking disabilities want to know if the transit stations they
want to use are accessible by elevator when they call for information. They would
also like to know if the route between their origin and the transit facility and
between the transit facility and their destination is accessible.

Solution: Transit Agency information clerks should have the appropriate maps and
floor plans of the transit facilities available so that they can locate and give
directions to the accessible routes within the various transit facilities. Local
governments should have mapping showing which intersections have curb ramps and
which streets have accessible walkways for people in wheelchairs.

n Written Media Access

Problem: People with vision impairments cannot read the maps or transit schedules
published by the transit providers.

Slide Solution; Transit system route maps can be printed in Braille for those people who

6 are blind and can understand Braille. For people with limited sight, maps and route
schedules could be printed in large bold typeface or the transit service provider

Slide could, upon request, enlarge specifically requested maps and route schedules by

7 simply expanding the existing schedule on a copy machine.

Problem; The counters, shelves, and "pocket boards" where route schedules are
distributed are not accessible to people who use wheelchairs.

Slide Solution; Counters, shelves, and pocket boards that are built and installed by the
8 transit provider should be constructed and installed in such a way that a person in

a wheelchair can reach the schedule. Section 4.2 of the ADAAG Standards contain
Space and Reach Ranges which should be followed when installing "pocket boards"
on walls for the distribution of route schedules and when installing counters and
shelves where written media is distributed. Service counters are covered by Section
7.2, in new construction and alterations. [4.2.5, 4.2.6]

Problem; Large system maps are sometimes mounted too high on the wall or
mounted horizontally on a pedestal which is too high for people in wheelchairs to
see.

Slide Solution; Maps that are mounted on the walls should be located so that a person
9 in a wheelchair can approach within 3 in (76 mm) of the map without encountering

protruding objects. The map should be mounted so that its centerline is no more
than 60 in (1525 mm) above the floor. When a map is located on a pedestal or
platform, it should be placed on an angle with the floor (tilted) and mounted low
enough so a person in a wheelchair can view the entire map. [4.30.6]

Problem; Maps are often placed behind plexiglass to protect them from vandalism.
Lighting over the map causes a glare making it difficult for persons with visual
impairments to read.

Slide Solution; If a plexiglass type cover must be used, a non-glare surface should be
10 considered or the lighting for the map should be positioned in such a way so there
is no glare on the plexiglass cover. The amount of glare may be different for a
standing person as opposed to a person sitting in a wheelchair. [4.30.5]

2-5

Over-the-Counter Access

Problem: Information or ticket booths or stores are not accessible to persons in
wheelchairs.

Solution; When a transit agency provides a ticketing and information service, it
must be designed to accommodate people in wheelchairs. Applicable ADAAG
Standards must be followed for entrances, doors, aisle widths, protruding objects,
ground and floor surfaces, and signage. Most importantly, the store or booth must
be on an accessible route. For existing facilities which are not key stations, general
"program access" requirements apply. [4.14, 4.13, 4.3, 4.4, 4.5]

Problem; Even though the information store or booth is accessible once in the store
or to the booth, the service counter is too high for people in wheelchairs.

Slides Solution: An auxiliary counter with a maximum height of 36 in (915 mm) in close
11, 12 proximity to the main counter should be provided so that people in wheelchairs can
transact business with the ticket or information clerk. [7.2(2), 10.3.1(18)]

Problem: Information/ticket clerks cannot communicate with people who are deaf.

Solution: The transit provider should have a TDD available at the
information/ticket store. At least one clerk per shift should know how to operate
the TDD. If a TDD is not available, the clerk should use a note pad. Messages
should be written in large bold strokes so that if the person also has visual
impairments, the message can be seen. The transit agency should provide sensitivity
training to all information clerks so that they can better understand and deal with
the various disabilities.

Problem: Many ticketing areas have a thick glass screen between the ticket agent
and the public. Window slots or deal trays are used to transact business. Many
times the lighting on the window causes a glare and the person in a wheelchair
cannot see the ticket agent. The window slot or deal trays are often too high for a
person in a wheelchair to reach.

Solution: Care should be taken when designing the glass screen. A non-glare glass
can be used or the lighting should be located so there is no glare. When window
slots and deal trays are used and cannot be placed at a height that is accessible to
people in wheelchairs, a separate auxiliary counter can provide equivalent facilitation
under some circumstances. The auxiliary counter must be a maximum height of 36
in (915 mm). [10.3.1(18), 7.2(2)]

2-6

Training

Probiem; The transit agency workforce that deals directly with the public, either
across the counter or over the telephone, and those who design and distribute the
written information about transit service are not sensitive to the needs, and do not
know how to deal with persons with various disabilities.

Solution; The Department of Transportation Final Rule on Transportation for
Individuals with Disabilities, Section 37.173 Training, emphasizes several points:
First, the requirements for training apply to private as well as to public providers of
transit Second, training must be to proficiency. That is, every employee who is
involved in the delivery of transit service to persons with disabilities must have been
trained so that he or she knows what needs to be done to provide service in the
right way. Third, training must be appropriate to the duties of each employee. An
information clerk must be trained to be sensitive and provide adequate information
to persons with various disabilities. Fourth, the training requirement applies to both
technical tasks and human relations. Employees must know how to operate
equipment (e.g., text telephone) and every employee who has public contact has to
understand the necessity of treating individuals with disabilities courteously and
respectfully. Finally, one of the important points in training concerns differences
among individuals with disabilities. All individuals with disabilities are not alike.
Recognizing the relevant differences between disabilities (e.g., mobility, vision,
hearing or cognitive impairments) and responding to them is extremely important
[37.173]

2-7

EXERCISES

1. What is a TDD?

2. What is the preferred type of print for accessible signage?

3. If a transit map is mounted on a wall, how high off the floor should it be?

4. How high should a ticket counter be to ensure that it is accessible to individuals who
use wheelchairs?

5. Is a public transit agency required to train its employees who deal with persons with
disabilities?

2-8

UNITS

ACCESSIBLE ROUTE BETWEEN TRIP ORIGIN OR DESTINATION

AND THE TRANSIT FACILITY ENTRANCE

SCOPE

The Department of Transportation rules implementing the facility accessibility requirements
of ADA can be found in Appendix A of 49 CFR Part 37, the ADA Accessibility Guidelines
for Buildings and Facilities.

This training unit will address the various accessible elements one encounters when
traveling from the origin of the trip to the transit facility entrance or from the transit
facility exit to the trip destination.

The accessible elements that will be addressed are:

Walkways and Sidewallcs

Curb Ramps

Crosswalks

Refuge Islands

Stairs, Ramps and Handrails

Signage

A section for each of the above accessible elements follows which provides key deJQnitions,
applicable standards, and a series of problems and solutions.

3-1

WALKWAYS AND SIDEWALKS

DEHNmONS

Walkway or walk: An exterior pathway with a prepared surface intended for pedestrian
use, including general pedestrian areas such as plazas and courts.

Sidewalk: A walkway within a public right-of-way.

Accessible Route: A continuous unobstructed path connecting all accessible elements and
spaces of a building or facility. Interior accessible routes may include corridors, floors,
ramps, elevators, lifts, and clear floor space at fixtures. Exterior accessible routes may
include parking access aisles, curb ramps, crosswalks at vehicular ways, walks, ramps, and
lifts.

Note: Elements and spaces located on a site and required to be accessible must be
connected with an Accessible Route. Elements and spaces on different sites may or may
not be connected by a walkway or walk which meets the requirements for an Accessible
Route. Most of the facilities discussed in this unit will have been built prior to the effective
date of ADAAG or by an entity not yet subject to it Nevertheless, the standards for an
Accessible Route (ADAAG 4.3) can be used to evaluate the accessibility and useability of
any walkway or walk.

APPLICABLE STANDARDS

Width

Passing Space

Head Room

Surface Texture

Changes in Level

Gratings

Slope

Detectable Warnings

ADAAG 4.3.3
ADAAG 4.3.4
ADAAG 4.3.5, 4.4.2
ADAAG 4.3.6, 4.5.1
ADAAG 4.3.8, 4.5.2
ADAAG 4.5.4
ADAAG 4.3.7
ADAAG 4.29

3-2

PROBLEMS AND SOLUTIONS

This section will discuss some of the typical general design problems associated with the
layout and placement of a walkway. Typical specific design issues will be presented.

Checklist of Problems

□ Walkway Location and Placement

D Walkway Widtii

D Walkway Slope and Cross Slope

n Walkway Suriface

n Temporary Walkways

n Walkway Location and Placement

Problem: Many walkways are located or placed in such a way that they abut
potential hazards.

Slide Solution: In order to be considered an accessible route, overhanging objects such
1 as signs or tree branches must be mounted or trimmed so that there is an 80 in

(2030 mm) vertical clearance above the walkway surface. Street furniture, shrubs,
sign posts and parking meters must be placed so there is at least a 36 in (915 mm)
wide sidewalk. Continuous driveway entrances (no curb) should be avoided. If a
hazard cannot be avoided, a means (such as a curb, protective barrier, a hand rail
or a detectable warning strip) must be devised to warn the disabled pedestrian of a
hazardous vehicular crossing. Walkways which do not meet the requirements are
not considered an accessible route. [4.4.1, 4.4.2, 4.3.3]

D Walkway Width

Problem: Some walkways in urban areas, especially in the older cities, are quite
Slide narrow. The width is further restricted when the city engineering department places
2 parking meters and signs along the curb.

Solution: Affix parking meters and signs to the exterior walls of the buildings when
the sidewalk width is restricted . Eliminate street furniture and consolidate signage
onto one strategically located post. In new construction, walkway width must be at
least 36 in (915 mm). Recommended width to accommodate two-way traffic is 60
in (1525 mm). If possible, provide a 60 in (1525 mm) wide by 60 in (1525 mm) long
passing area every 200 ft (61 m). [4.3.3, 4.3.4]

3-3

Walkway Slope and Cross Slope

Problem: Some walkways are so steep that they cannot be used by persons with
disabilities who are elderly. Some walkways are so flat and have no cross slope so
they do not drain properly.

Solution: Walkways with slopes greater that 1:20 (5 percent) should be treated as
a ramp. Since this is impractical in many cities, an accessible route should be
located to avoid steep grades whenever possible. If the terrain is very flat, the
walkways should have a slight cross slope so that water will drain from the surface.
A maximum 1:50 (2 percent) cross slope is required in new construction of an
Accessible Route. [4.3.7]

Walkway Surfaces

Problem: Many sidewalks in urban areas are broken. After they are patched the
joints are uneven and rough. Access grates or vent grates in the sidewalks have
been damaged so that edges protrude above the adjacent surface or the center of
the grate sags well below the adjacent surface.

Solution: Joints between different materials should be flush. A maximum of 1/4 in
(6 mm) vertical difference is allowable on an Accessible Route. If the difference in
elevation is between 1/4 to 1/2 in (6 to 13 mm) the edge should be beveled with a
1:2 slope. For existing streets and sidewalks, try to define an alternate route which
avoids barriers. [4.3.8]

Problem: Walkways around the perimeter of urban construction sites are often
rough, uneven and slippery.

Solution: Temporary walkways must be planned and built to comply with the
ADAAG Standards, cited above. [4.1.1(4)]

Problem: Some walkways on the transit property are at the same level as the
roadway at the passenger drop off area. It is difficult for people with vision
impairments to tell when they are in the roadway.

Solution: If a new walk crosses or adjoins a vehicular way and the walking surfaces
are not separated by curbs, railings, or other elements between the pedestrian and
vehicular areas, the boundary between the areas shall be defined by a continuous
detectable warning which is 36 in (915 mm) wide. The detectable warning shall
comply with ADAAG 4.29.2. [4.29.5]

3-4

CURB RAMPS
DEnNITIONS

Curb: The edge of a walk or street surface which has been raised to protect or contain.

Curb Cut: The removal or termination of a portion of a continuous street curb to permit
a ramped connection between two surfaces at different elevations.

Curb Ramp: A pedestrian ramp which cuts through a curb or builds up to it from a lower
level.

APPLICABLE STANDARDS

Curb Ramps ADAAG 4.7

Slope ADAAG 4.8.2

Surface ADAAG 4.5.1, 4.5.2

Detectable Warnings ADAAG 4.7.7, 4.29.2

3-5

PROBLEMS AND SOLUTIONS

This section presents problems that commonly occur with curb ramps. Solutions that
incorporate the applicable ADAAG standard are presented for each problem.

Checklist of Problems

Curb Height

Curb Ramp Direction and Location

Curb Height

Curb Ramp Width

Curb Ramp Slope and Length

Curb Ramp Transition

Curb Ramp Side Flare Slope

Curb Ramp Surface Materials

Curb Ramp Detectable Warning

Curb Ramp Maintenance

Curb

Height

Problem; Very high or low curbs are difficult for some pedestrians to cross and are
difiQcult to treat with a curb ramp.

Solution; Whenever possible, curbs should be 6 in (150 mm) high or less. When
locating a curb ramp in an area that has curbs higher than 6 in (150 mm), the
designer should ensure that the sidewalk is wide enough to accommodate the runout
of the curb ramp using the desirable slope of 1:12. A slope of 1:10 or 1:8 is
permitted for short ramps. If a slope of 1:8 cannot be obtained, the placement of
the curb ramp should be changed. Low or "mountable" curbs are not suitable for
wheelchair access without a curb ramp. [4.7.2]

3-6

Q Curb Ramp Direction and Location

Problem; A curb ramp can be hazardous if it is located such that:

• It directs the user out of the marked crosswalk, or

• It requires the user to make abrupt turns, or

• It does not line up and point in the same direction as the crosswalk, or

• It does not provide a directional queue to the crosswalk direction, or

• It requires the user to enter the pedestrian flow at a right angle.

Slide Solution; The curb ramp should be positioned within, line up with, and run
3 generally in the same direction as the marked crosswalk. Diagonal curb ramps (one
ramp on the comer serving both crosswalks) are permitted but should be uniform
in design and placement throughout a jurisdiction. Consistency of design in
placement is as important as the specific design. When determining the direction
of a curb ramp, the designer should ensure that it is positioned so that there is an
overrun space at each end of the curb ramp. The overrun space should be a
minimum of 48 in (1220 mm). If 48 in (1220 mm) is not available at the top of the
curb ramp, then the slope of the flared sides of the curb ramp must not exceed 1:10.
[4.7.9, 4.7.10, 4.7.5]

Problem; Curb Ramps are difficult for some pedestrians to travel across because
of the side slopes of the ramp flares.

Solution; Pedestrian traffic should not have to move across the ramp and side
flares. If this is not possible, then side flares should not exceed 1:10. [4.7.5] If
there is less than 48 in (1220 mm) of clear width at the top of the ramp, the flares
must have a slope not to exceed 1:12.

Problem; Some people with visual impairments find it easier to locate the edge of
the street at a curb rather than a curb ramp.

Solution; Whenever possible, curb ramps should be located away from the direct
line of travel used by people with visual impairments. In all cases the curb ramp
must be within the crosswalk lines. Curb ramps located on properties owned by a
public entity that provides public transportation service must have a detectable
warning surface. [4.7.7]

3-7

Problem; Poor drainage or a drain or grate placed in the path of a curb ramp
makes the ramp difficult to use.

Solution: Whenever possible, avoid locating curb ramps near storm water inlets or
where users must cross gratings or utility access covers. If a curb ramp must be
located in line with a grating, ensure that the open spaces in the grate are no greater
than 1/2 in (13 mm) in one direction and that the elongated openings are
perpendicular to the predominant direction of travel. [4.5.4]

Problem; Curb ramps are difficult to use when placed too close to each other or
too close to signs, poles, or street furniture.

Solution; Whenever possible, locate the curb ramp so that one curb ramp will
provide access to both directions at the comer. Do not locate curb ramps too close
to each other or too close to signs, light poles, or street furniture. As necessary,
signs or street furniture must be relocated to properly install the curb ramp. In
general, placement and design consistency is desirable. [4.7.10]

Problem; Curb ramps located behind tall bushes or street furniture can be
hazardous because they preclude a clear line of sight between wheelchair users and
oncoming traffic.

Solution; Curb ramps should be located so there is a clear line of sight between the
user of the curb ramp and oncoming vehicles. "No Parking" signs or trimming or
removing shrubbery may be warranted to maintain a clear line of sight. [4.7.8]

3-8

Curb Ramp Width

Problem; If the curb ramp is too narrow and is heavily used by pedestrians,
pedestrians who are disabled may be forced to wait in the street. If the curb ramp
is too wide, there is little level ground left for people who do not want to use ramps.

Solution; Width of curb ramps shall be no less than 36 in (915 mm). In areas
where snow is common a 48 in (1220 mm) width makes snow removal easier. On
street intersections with high pedestrian volume, curb ramps should be wider to
lessen the conflict between wheelchair users and other pedestrians. [4.7.3]

Curb Ramp Slope and Length

Problem; Curb ramps that are too steep or too long cannot be traversed by some
people who are disabled. If the gradient of the existing sidewalk and the camber of
the road are not considered, the curb ramp may become too steep.

Solution; The maximum slope of a curb ramp constructed as part of a new facility
must be 1:12. If a curb ramp is installed at an existing intersection and the desirable
1:12 slope cannot be achieved, then a steeper slope may be used within the following
parameters.

Maximum Maximum Available

Curb Height Horizontal Projection Slope Range

3 in (75 mm) 2 ft (0.6 m) 1:10 not to exceed 1:8

6 in (150 mm) 5 ft (1.5 m) 1:12 not to exceed 1:10

In accordance with the standard, in no case can a slope steeper than 1:8 be used.
[4.7.2]

3-9

Curb Ramp Transitions

Problem; A step as small as 1/2 in (13 mm) will prevent some people in wheelchairs
from using the curb ramp. Wheelchair users often have to "take a run" at a ramp.
Any step at the bottom of the ramp or an abrupt transition between the ramp and
the sidewalk or street may overturn the wheelchair. Abrupt transitions between the
curb ramp and the street may snag the foot rest of the wheelchair.

Solution: Transitions between the curb ramp and sidewalk and the curb ramp and
the gutter shall be free of abrupt changes in grade. The slope of the adjacent
sidewalk and gutter shall never exceed 1:20. [4.7.2]

Curb Ramp Side Flare Slope

Problem; The flared sides of the curb ramp are often very steep and are hazardous
for all pedestrians, especially for wheelchair users.

Solution; The location of the curb ramp determines the treatment of the slopes or
sides. If a curb ramp is located where pedestrians would not normally walk across
the ramp and the sidewalk width at the top of the curb ramp is greater than 48 in
(1220 mm), a curb ramp with returned curbs may be used. [4.7.5]

Problem; A curb ramp with steep side flares located such that its length traverses
the entire sidewalk is hazardous to all pedestrians. A vertical drop off at the edge
of a curb ramp is hazardous.

Solution: If a curb ramp is located where pedestrians must walk across the ramp
and the sidewalk width at the top of the curb ramp is less than 48 in (1220 mm), the
curb ramp side flare slopes shall not exceed 1:12. If a curb ramp is located where
pedestrians must walk across the ramp and the sidewalk width at the top of the curb
ramp is more than 48 in (1220 mm), the curb ramp cross slopes shall not exceed
1:10. [4.7.5, Figure 12(a)]

3-10

Curb Ramp Surface Materials

Problem; Curb ramp surfaces are sometimes slippery, particularly around the gutter.
Curb ramp surfaces finished with rough textures to assist pedestrians with visual
impairments are difficult to keep clean and can become hazardous. Pedestrians with
visual impairments may not detect the location of the curb ramp if it is the same
color and texture as the sidewalk or street. Painting of curb ramps with certain
paints can make them slippery.

Solution; Curb ramp surfaces shall be stable, firm, and slip resistant. The visual
contrast of the curb ramp should be different than that of the adjoining sidewalk
and street. This can be achieved by using different colored materials. TTie surface
of the ramp should not be so smooth that it is slippery when it is wet and it should
not be so rough that it collects dirt or makes it uncomfortable for wheelchair users.
Certain concrete stains, which leach into the surface and thus become part of it, may
be applied to in-place concrete. [4.5.1]

Curb Ramp Detectable Warning

Problem; Persons with vision impairments cannot tell when they have entered a
street if they happen to walk in the direct path of a wide curb ramp with gently
flared cross slopes.

Solution; Detectable warnings must be placed at the curb ramp. The detectable
warning must extend the full width and depth of the curb ramp, exclusive of the
flared sides. A detectable warning must consist of raised truncated domes with a
diameter of nominal 0.9 in (23 mm), at the base, a height of nominal 0.2 in (5 mm)
and a center to center spacing of nominal 2.35 in (60 mm). Detectable warnings
must contrast visually with adjoining surfaces, either light-on-dark or dark-on-light
and be an integral part of the curb ramp. [4.29]

Note: If a transit agency constructs the curb ramp, regardless of whether it is on its
property, it must comply with ADAAG.

3-11

Curb Ramp Maintenance

Problem; Snow, ice, and deicing agents can deteriorate curb ramps making them
hazardous. Snow and/or debris accumulation can make curb ramps unusable.

Solution: A maintenance program should be initiated to insure that all curb ramps
on accessible routes are cleaned periodically and snow is removed.

Problem; Repaying of the street can cause a step or a transition problem at the
bottom of the curb ramp.

Solution; When streets are repaved or repaired, the contract specifications for the
project should specify no lip between the new pavement and the gutter or curb
ramp. If the transit agency has jurisdiction or "sign-off' or approval of work done
by other entities (e.g., city) it must exercise whatever authority it has to ensure
compliance with ADAAG, to the extent possible. [4.5.2]

3-12

CROSSWALKS

DEFINITIONS

Crosswalk: A part of a roadway, generally at an intersection, that is delineated for
pedestrian crossing.

Stop Line: A wide solid line on the roadway extending across all approach roadway lanes
which is used in conjunction with a stop sign, traffic signal, officer's direction or other legal
requirement indicating the point behind which vehicles are required to stop.

APPLICABLE STANDARDS

Manual on Uniform Traffic Control Devices, MUTCD Section 3B-18

1988, Crosswalks and Crosswalk Lines
Detectable Warnings ADAAG 4.29.5, 4.29.2

3-13

PROBLEMS AND SOLUTIONS

The crossing of a street in an urban area or suburban area is one of the most hazardous
points enroute to a transit facility entrance. Crosswalk markings at signalized intersections
and across intersection approaches on which traffic stops, serve primarily to guide
pedestrians in the proper safe path. Crosswalk markings across roadways on which traffic
is not controlled by traffic signals or STOP signs, must also serve to warn motorists of a
pedestrian crossing point at non-intersection locations. These markings legally establish the
crosswalk.

When a crosswalk directs pedestrians across the street directly into the entrance of a
transportation facility owned by a public entity and the street surface is at the same level
as the transportation facility entrance (e.g., no curbs between the street and entrance
sidewalk area), a detectable warning must be utilized between the pedestrian area and the
vehicular area.

Checklist of Problems

□ Crosswalk Location and Approach

□ Crosswalk Width and Length
n Crosswalk Markings

n Crosswalk Surface

D Crosswalk Location and Approach

Problem; Some urban and many suburban intersections do not have marked
crosswalks across the street.

Solution: Crosswalks should be marked at all intersections where there is
substantial conflict between pedestrians and vehicles. Crosswalks should also be
provided where there is a continued large concentration of pedestrians. An
accessible route may cross a vehicular way only if it is marked. [MUTCD 3B-18]

Problem: Some crosswalks are not placed perpendicular to the curb line. This
skewed placement may cause persons with visual impairments to walk outside of the
marked area.

Solution: Whenever possible crosswalks should be perpendicular to the curb line.
The curb ramp must be placed within the crosswalk lines. This will direct people
with visual impairments into the marked crossing.

3-14

Problem; Vehicles often stop or park in the crosswalk and force the pedestrians to
walk outside of the marked area into oncoming traffic.

Solution; A stop line should accompany a crosswalk. The stop line should be
Slide placed 4 ft (1.2 m) in advance of and parallel to the nearest crosswalk line. A "No
4 Parking" zone should be designated from 20 to 30 ft (6 to 9 m) back from the

nearest crosswalk line. In some cities parking in the crosswalk area has been

eliminated by extending that part of the sidewalk that adjoins the crosswalk out to

the edge of the travel lane.

Problem; The crosswalk leading from a major parking facility owned by the city
leads directly into the entrance of a rapid rail terminal. The entrance to the rail
terminal is fully accessible. Because of the large pedestrian volume entering the rail
terminal, the pedestrian area at the entrance is at the same level as the street (e.g.,
no curb defining the pedestrian area and the vehicular drop-off area). Without
curbs or railings it is difficult for people with vision impairments to know when they
are in the vehicular area.

Solution; If a walk crosses or adjoins a vehicular way, and the walking surfaces are
not separated by curbs, railings or other elements between the pedestrian areas and
the vehicular areas, the boundary between the areas shall be defined by a continuous
detectable warning which is 36 in (915 mm) wide, and consisting of raised truncated
domes with a diameter of nominal 0.9 in (23 mm), at the base, a height of nominal
0.2 in (5 mm) and a center-to-center spacing of nominal 2.35 in (60 mm) in the
same horizontal or vertical row (rows are staggered) and shall contrast visually with
adjoining surfaces, either light-on-dark or dark-on-light. The material used to
provide contrast shall be an integral part of the walking surface. [4.29.5, 4.29.2]

Note: The detectable warning is on the pedestrian portion of the walk, not in the
vehicular way.

3-15

Crosswalk Width and Length

Problem: Crosswalks are often too narrow and become congested during heavy
pedestrian movements. This can be hazardous for people with ambulatory
difficulties or poor balance.

Solution: Crosswalk widths should never be less than 6 ft (1.8 m) wide. Where
pedestrian volumes are high the crosswalk width may be increased. [MUTCD 3B-
18]

Problem: Some urban streets are so wide that people with ambulatory difficulties
cannot make it across the street before the traffic hght changes.

Solution: The length of the crosswalk must be coordinated with the amount of
traffic signal green time or pedestrian walk time. The safe green time can be
determined by assuming a maximum walking speed of 3.5 ft/sec (1.07 m/sec). An
additional 2 seconds must be added for reaction time. If it is not possible to allow
the required green time, a refuge island should be placed in the middle of the street;
this effectively reduces the length of the crosswalk.

n Crosswalk Markings

Problem: Crosswalk markings vary from city to city and within a city. Some are
painted lines, some are delineated by brick pavers, some are delineated by concrete
borders set in the roadway pavement.

Slide Solution: A standard crosswalk design should be adopted and used throughout a
5 city. Crosswalk lines should be sohd white lines which delineate both sides of the

crosswalk area. Lines must be at least 6 in (150 mm) wide and should be spaced 6
ft (1.8 m) apart. If added visibility is required the crosswalk area may be marked
with diagonal lines at a 45 degree angle to the border lines. Some crosswalks are
delineated with different types of surfaces. [MUTCD 3B-18]

3-16

Crosswalk Surface

Problem; The area within the crosswalk sometimes contains utility access covers and
grates or in some cases it has been painted making it slippery when wet.

Solution; Crosswalk surfaces should be stable, firm, slip-resistant surfaces.
Whenever possible, utility access covers and grates should be located outside the
boundaries of the crosswalk. If grates or utility access covers are within the
crosswalk area, they should be flush with the surrounding pavement. Gratings
should have spaces no greater than 1/2 in (13 mm). [4.5.4]

3-17

REFUGE ISLANDS

DEnNITIONS

Pedestrian refuge island: Specifically defined areas for pedestrians that cannot cross the
entire roadway at one time.

Traffic control island: A defined area between traffic lanes for control of vehicle
involvements or for pedestrian refuge.

APPLICABLE STANDARDS

Islands ADAAG 4.7.11

Detectable Warnings ADAAG 4.29.5, 4.29.2

Curb Ramps ADAAG 4.7.1, 4.7.7

3-18

PROBLEMS AND SOLUTIONS

Pedestrian refuge islands are useful at urban street intersections where there is a
considerable amount of pedestrian traffic and where heavy volumes of vehicular traffic
make it difficult to cross the entire roadway. Islands must be carefully planned and
designed to provide travel paths that are obvious, easy to follow and continuous. Some
typical problems are presented to illustrate the application of the standards.

Checklist of Problems

n Refuge Island Location and Placement
n Refuge Island Shape and Size
n Refuge Island Delineation

Refuge Island Location and Placement

Problem; Traffic engineers are faced with the trade-off of providing full width
traffic lanes or reducing the lane widths at very wide intersections and providing a
refuge island.

Solution: At signalized urban intersections the length of the crosswalk and the walk
cycle time of the traffic signal must be reviewed. If the entire roadway cannot be
traversed using a walking speed of 3.5 ft/sec (1.07 m/sec) within the walk cycle of the
traffic signal and the walk signal cannot be extended then a pedestrian refiige island
should be considered.

Problem: Some refuge islands are placed in areas where they are difficult to see
from the oncoming vehicles.

Solution: Refuge islands must always be placed so the vehicle operator will not be
surprised. Large trees or shrubs or street furniture should not be placed on the
refuge island since they can obstruct the view of the vehicle operator.

3-19

Q Refuge Island Shape and Size

Problem: The shape of some refuge islands is such that they entice pedestrians to
cross the street where crossing is prohibited.

Solution: Refuge islands should be elongated or triangular in shape. Where
Slide crossing is prohibited the island must be narrow enough to deliver the message not
6 to cross. Where the island is to be used as a refuge area it must be wide enough to

acconmiodate the pedestrian volume at that intersection.

Problem; Some refuge islands are so narrow and small that pedestrians must stand
in the street as they wait to cross.

Solution: Refuge islands should preferably be 72 in (1828 mm) wide. In no case
should the level area be less than 48 in (1220 mm) wide. The length of a refuge
island should be no less than 12 ft (3.66 m) measured from end to end and including
the section at pavement level at the crosswalk location. [4.7.11]

Refuge Island Delineation

Problem: Some refuge islands are difficult to see by persons with visual impairments
because they are at the same level as the street and there is no contrast or
detectable warning outlining the refuge area.

Solution; Refuge islands should be well lighted. If a refuge island is at the same
level as the street, the island can be delineated by using pavement markings, a
different texture of pavement, buttons or flexible stanchions. The color of the
roadway pavement and the refuge island should contrast.

Problem: Some islands are delineated by a curb with no curb ramps. Other islands
have had curb ramps installed at a point where there is not a sufficient level width
for a person in a wheelchair to wait for the traffic to clear.

Solution; Any raised islands in crossings shall be cut through level with the street
or have curb ramps and a level area at least 48 in (1220 mm) long in the part of the
island intersected by the crossing. New curb ramps shall have a detectable warning
if constructed by the transit agency. [4.7.11]

3-20

STAIRS, RAMPS AND HANDRAILS
DEnNITIONS

Step: One unit that addresses a change in elevation consisting of a riser and a tread.

Stairs: A series of steps, with or without landings, giving access from one level to another.

Tread: The horizontal surface of a step.

Riser: The upright (vertical) face of a step.

Nosing: A rounded edge of a step tread that projects over the riser.

Ramp: Any part of an accessible route with a running slope greater than 1:20 (5 percent).

APPLICABLE STANDARDS

Stairs

Stair Handrails

Ramps

Ramp Handrails

ADAAG 4.9
ADAAG 4.9.4, 4.26
ADAAG 4.8
ADAAG 4.8.5, 4.26

3-21

PROBLEMS AND SOLUTIONS

Although an accessible route does not include stairs, steps or escalators, it is important to
understand the design standards for stairs because some people with disabilities prefer to
use stairs instead of ramps. Stairs are required to comply with ADAAG 4.9 only where
they connect levels not connected by ramps, elevators or lifts. However, ADAAG 4.9
provides good design guidance even when not required.

Ramps are an integral part of an accessible route and must contain specific features to
ensure that they can be used by people with walking disabilities.

Handrails are an important element of both stairs and ramps, thus specific applications of
handrails must be understood.

The following discussion addresses the most common problems encountered with stairs,
ramps and handrails. Stairs are assumed to be covered by ADAAG 4.9.

Checklist of Problems

n Stair Treads, Risers and Nosings

n Stair Handrails

n Ramp Length, Slope and Width

n Ramp Edge Protection and Handrails

n Ramp Landings

G Stair Treads, Risers and Nosings

Problem; Many people have difficulty climbing steps, especially steps with high
risers and narrow treads.

Solution; All steps in a flight of stairs must have uniform tread depths and riser
heights. The minimum tread depth is 11 in (280 mm). A safe comfortable riser
height ranges from 5 in (127 mm) to 7 in (178 mm). Treads on outdoor steps
should slope approximately 1/8 in (3 mm) in 12 in (304 mm). [4.9.2]

Problem; Stair nosings that project too much make it difficult for people with
prosthetic legs to climb because their feet can get caught in the projecting nosing.

Solution; Nosings shall project no more than 1-1/2 in (38 mm). The underside of
the nosing shall not be abrupt. The radius of curvature at the leading edge of the
tread shall be no greater than 1/2 in (13 mm). Risers shall be sloped or the
underside of the nosing shall have an angle not less than 60 degrees fi-om the
horizontal. [4.9.3]

3-22

n Stair Handrails

Problem; Some handrails are too high or too low. Others are too close to an
adjacent wall. Some gripping diameters are so large that people with disabilities
cannot use them.

Solution; Handrails are required on both sides of all new stairways covered by the
DOT rule. The handrail gripping surface shall be between 34 in (865 mm) and 38
in (965 mm) above the stair nosing. The diameter of the gripping surface of the
handrail shall be 1-1/4 in (32 mm) to 1-1/2 in (38 mm). Handrails that are attached
to the wall shall be mounted so that there is 1-1/2 in (38 mm) clear distance between
the wall and the gripping surface. [4.9.4]

3-23

Ramp Length, Slope and Width

Problem: People with disabilities find it difficult to use extremely long or steep
ramps. Ramps are sometimes too narrow for a person in a wheelchair to pass
anyone.

Solution; If the slope of a ramp is 1:12 the maximum length between landings
(ramp run) is 30 ft (9.14 m). A length of 40 ft (12.19 m) can be used between
landings when the slope is 1:16. Gently sloping walkways of 1:20 are not considered
ramps. Ramps shall be a minimum of 36 in (915 mm) wide. A width of 60 in (1525
mm) is necessary for two wheelchairs to pass each other. [4.8.2, Fig. 16]

G Ramp Edge Protection and Handrails

Problem: Some ramps do not have handrails or a curb along the edge. This is
hazardous to people with disabilities since they could walk off the edge of the ramp.

Slide Solution: All new ramps shall have curbs or rails along the sides. If a curb is used
7 it shall be at least 2 in (50 mm) high and should be wide enough to accommodate

a handrail installation. Handrails must be installed if any point on the ramp is
higher than 6 in (150 mm) or when the horizontal length of the ramp is greater than
72 in (1830 mm). Handrails shall be on both sides of the ramp and between 34 in
(865 mm) and 38 in (965 mm) above the ramp surface. The gripping surface shall
be 1-1/2 in (38 mm) away from the wall and 1-1/4 in (32 mm) to 1-1/2 in (38 mm)
in diameter. [4.8.7, 4.8.5]

n Ramp Landings

Problem: Some ramps never have a level space where people in wheelchairs or
people on crutches can stop and rest.

Solution: Ramps shall have level landings at the bottom and top of each ramp run
Slide [maximum of 30 ft (9.14 m)]. Landings shall be at least as wide as the ramp and
8 shall be at least 60 in (1525 mm) long. If a ramp changes direction at a landing, the

landing must be 60 in (1525 mm) by 60 in (1525 mm). [4.8.4]

3-24

SIGNAGE

DEHNITIONS

Signage: Messages conveyed by means of graphic symbols or lettering; verbal, symbolic,
tactile and pictorial information.

APPLICABLE STANDARDS

Signage ADAAG 4.30

3-25

PROBLEMS AND SOLUTIONS

Problems are encountered with sign placement and location, the character proportion of
the text used on the sign, the finish of the material used for the sign, and the contrast
between the text and the background. The following problems and solutions will illustrate
the proper use of the signage standards.

Checklist of Problems

n Sign Location and Placement
n Sign Legibility

D Sign Location and Placement

Problem; Street signs are often located too high to read or they are located behind
other street furniture or trees where they cannot be seen.

Solution; Signs should be located at a height that can be read by people in
wheelchairs. Care must be taken when designing the size of the sign and the
mounting assembly.

Signs projecting from the walls of buildings over an accessible route with the leading
edge between 27 in (685 mm) and 80 in (2030 mm) above the walkway surface can
project no more than 4 in (100 mm) into the walkway. If the sign is mounted with
the leading edge at or below 27 in (685 mm) or 80 in (2030 mm) above the walkway
it may protrude any amount. Signs mounted on posts or pylons may overhang a
maximum of 12 in (305 mm) if they are mounted between 27 in (685 mm) and 80
in (2030 mm) above the walkway. [4.4.1]

Problem; Signs mounted flat on walls or building surfaces are too high or there are
pieces of street furniture or shrubs in the way so you cannot get close enough to
read the text

Solution; If a sign is mounted flat on a building or a wall the mounting height can
Slide be 60 in (1525 mm) above the walkway to the center line of the sign. Signs that are
9 mounted 80 in (2030 mm) or more above the walkway should have characters or

letters with a minimum height of 3 in (75 mm). The area in front of the sign should

be cleared so that people may position themselves within 3 in (76 mm) of the sign

without encountering any obstacles. [4.30.6]

3-26

Sign Legibility

Problem; The print on some signs is too small to read. Sometimes the letters are
almost the same color as the sign background an in certain lights you cannot read
the sign. Some signs have a plexiglass type cover on them which causes a glare and
makes it difficult to read.

Solution: The character proportions of letters and numbers on signs shall have a
width-to-height ration between 3:5 and 1:1 and a stroke-width-to-height ratio
between 1:5 to 1:10. Characters shall be sized according to the viewing distance
from which they are read. If a sign is mounted 80 in (2030 mm) above the walkway
surface the minimum character height is 3 in (75 mm). The characters and
background of signs shall be eggshell, matte, or another non-glare finish. Characters
and symbols shall contrast with their background — light characters on a dark
background or dark characters on a light background. [4.30.2, 4.30.3, 4.30.5]

Problem; Some persons with vision impairments cannot read a sign even though it
has the proper character proportions and contrast.

Slide Solution: Letters and numerals on signs which designate permanent rooms and
10 spaces shall be raised 1/32 in (0.8 mm) upper case, sans serif or simple serif type and
shall be accompanied with Grade 2 Braille. Raised characters shall be at least 5/8
in (16 mm) high, but no higher than 2 in (50 mm). Pictograms shall be
accompanied by the equivalent verbal (written) description placed directly below the
pictogram. The border dimension of the pictogram shall be 6 in (162 mm) minimum
in height. [4.30.4]

3-27

EXERCISES

1. How wide must an accessible walkway be?

(a) 24 in (610 mm)

(b) 30 in (760 mm)

(d) 42 in (1065 mm)

2. A walkway is considered a ramp if its slope is greater than .

(a) 1:10

(b) 1:12

(d) 1:30

3. How wide must a curb ramp be?

(a) 24 in (610 mm)

(b) 36 in (915 mm)

(d) 48 in (1220 mm)

4. What is the maximum flare slope for a curb ramp?

(a) 1:8

(b) 1:10

(d) 1:16

5. What is the minimum width of a crosswalk?

(a) 4 ft (1.2 m)

(b) 6 ft (1.8 m)

(d) 10 ft (3.1 m)

6. What is the minimum width of the level area on a refuge island to ensure the safety
of a person with a disability?

(a) 4 ft (1.2 m)

(b) 6 ft (1.8 m)

(d) 10 ft (3.1 m)

3-28

7. What is the minimum width of the tread (stepping surface) of a step?

(a) 7 in (175 mm)

(b) 9 in (230 mm)

(d) 12 in (300 mm)

8. If a ramp changes direction, a level landing is required. What are the minimum
dimensions of the landing?

(a) 48 in (1220 mm) by 48 in (1220 mm)

(b) 48 in (1220 mm) by 60 in (1525 mm)

(d) 60 in (1525 mm) by 60 in (1525 mm)

3-29

UNIT 4-1

ACCESSIBLE ROUTE BETWEEN THE TRANSIT FACILITY ENTRANCE AND

THE BOARDING PLATPORM - BUS STOPS

SCOPE

The Department of Transportation rules implementing the facility accessibility requirements
of ADA can be found in 49 CFR Part 37, Subpart C - Transportation Facilities. Appendix
A to 49 CFR Part 37, Accessibility Guidelines for Buildings and Facilities, Section 10.
Transportation Facilities, addresses the specific design standards for bus stops.

Bus stop is a general term which encompasses all of the elements associated with the access
to the loading area or bus stop pad, the interface area between the bus lift or ramp and the
bus stop pad, the shelter, if provided, and the bus route signage.

This unit will address the barriers that may be encountered due to location and placement
of the bus stop and also the barriers that may be encountered when approaching the bus
stop area.

Since most bus stops are placed on existing sidewalks, the transit agency may not have
direct jurisdiction. However, where bus stop pads are built by, or on behalf of, the transit
agency, the transit agency must ensure compliance with the standards in Appendix A to 49
CFR Part 37. If jurisdiction is shared, the transit agency must exert whatever authority it
has to ensure compliance to the extent possible. Moreover, when siting bus stops on public
sidewalks, the transit agency must choose the spot which most closely complies, within
other necessary constraints. Also, when erecting new signs at existing stops, the transit
agency must meet certain requirements for signage.

Unless otherwise noted, the material which follows assumes the transit agency has control
of the specified design or construction element

4-1-1

DEnNITIONS

Commuter Bus Service: Fixed route bus service, characterized by service predominantly
in one direction during peak periods, limited stops, use of multi-ride tickets, and routes of
extended length usually between the central business district and outlying suburbs.

Demand Responsive System: Any system of transporting individuals including the
provisions of designated public transportation service by public entities and the provision
of transportation service by private entities, including but not limited to specified public
service which is not a fixed route system.

Fbced route system: A system of transporting individuals including the provisions of
designated public transportation service by public entities and the provision of designated
public transportation service by private entities, including but not limited to specified public
transportation service on which a vehicle is operated along a prescribed route according to
a fixed schedule.

Bus Stop: An area dedicated by signage or pavement markings or a specially designed
turnout or pull through area for on- or off-loading passengers.

Bus Stop Sign: A sign located at a bus stop area which identifies the transit provider and
may identify the bus routes and schedules served at that stop.

Bus Passenger Shelter: A shelter located at a bus stop which can be used by individuals
waiting to board a bus.

Bus Stop Pad: A firm stable surface located parallel to a roadway on a slope parallel with
the roadway and connected to the sidewalk or pedestrian way.

4-1-2

APPLICABLE STANDARDS

Bus Stops and Terminals ADAAG 10.2

Accessible Route ADAAG 4.3

Protruding Objects ADAAG 4.4

Signage ADAAG 4.30.2, 4.30.3, 4.30.5

Other Service Requirements ADAAG 37.167

PROBLEMS AND SOLUTIONS

Slides 1 and 2

Bus stops are a common feature at urban and suburban intersections. Stops may be
located on the near (approach) side or the far (exit) side of the intersection. The location
is generally determined by city traffic engineers with consideration given to service and
safety to bus system patrons, efficiency of transit operations and traffic operation in
general. Bus stops in a terminal area are generally laid out in a "sawtooth" configuration.

Numerous problems can arise when a bus stop is being located. The following checklist will
address some of the common problems encountered.

Checklist of Problems

D Bus Stop Siting

n Bus Stop Layout and Placement

D Bus Stop Pads

n Bus Passenger Shelters

n Bus Stop Signage

n Bus Route Information

n Enforcement

4-1-3

Bus Stop Siting

Problem: Many bus stops are located where there is not enough room to deploy the
lift or ramp used by people in wheelchairs to board the bus.

Solution; There are many factors that must be considered in locating a bus stop.
Traffic flow and safety are major concerns to traffic engineers and efficient safe
transit operations are concerns of the transit operator. Since most bus stops are
located on property that is not under the control of the operator it is important that
the transit provider work closely with the local jurisdiction's department of public
works to identify sites for bus stops that can accommodate the proper layout,
placement, and size for the bus stops. [10.2.2]

D Bus Stop Layout and Placement

Slide Problem: Bus stops located along suburban arterials are sometimes difficult to get
3 to.

Solution: Bus stops shall be connected to streets, sidewalks or pedestrian paths by
an accessible route complying with ADAAG 4.3 and 4.4. [10.2.1(1)]

Slide Problem; Some bus stops are placed several feet from the roadway and it is difficult
4 to traverse the unstable surface between the stop area and the bus.

Solution: Bus stops should be placed so it is possible to connect them with a
continuous stable firm surface between the sidewalk or pedestrian path that provides
access to the bus stop area and the boarding or alighting point of the bus vehicle.

Slide Problem; Some bus stop areas are laid out so that the slope of the bus stop surface
5 is level and the roadway is going up a hill. This prevents the lift from sitting flat on

the ground when lowered.

Solution: The slope of the bus stop area or pad parallel to the roadway shall, to the
extent practicable, be the same as the roadway. [10.2.1(1)]

4-1-4

Problem; Some bus stops are laid out so that they have a severe slope
perpendicular either toward or away from the street which limits the operations of
a bus lift

Solutions; Bus stop areas or pads shall have a minimum slope of 1:50 (2 percent)
perpendicular to the roadway. This slope will provide adequate drainage.
[10.2.1(1)]

Slide Problem; Utility poles, street lights and large trees near or adjacent to the bus stop
6 pad often restrict the access to the bus.

Solution; Bus stops should be located a sufficient distance from utility poles, street
lights and trees to allow for the minimum clear width of 60 in (1525 mm) measured
parallel to the roadway and a minimum clear length of 96 in (2440 mm) measured
perpendicular to the roadway. [10.2.1(1)]

Slide Problem; Bus stops are often placed on a sidewalk where there is a lot of existing
7 street furniture (benches, trash receptacles, newspaper dispensers) which restrict

access to the bus stop and make it difficult for people in wheelchairs to align

themselves to get on the lift or ramp.

Solution; Street furniture that obstructs the use of a bus stop should be removed
or relocated to a mid-block location where there is less congestion.

Slide Problem; Some bus stops are located directly behind a drainage inlet in the gutter.
8 These drainage inlets generally have a removable concrete top which can be broken

or displaced if it is hit by a bus tire.

Solution; Avoid locating a bus stop over the top of a drainage inlet. If the drainage
inlet cannot be avoided put a permanent cover over the inlet with a man-hole cover
to provide a way to clean out the drain.

4-1-5

n Bus Stop Pads

Problem; Some bus stop pads are at the same level as the roadway and there is no
way for a person with visual impairments to determine if he/she is standing in the
roadway.

Solution: If a bus stop is on a transit agency's property or site and the bus stop pad
is at the same level as the roadway and there are no curbs, railings or other
elements separating the vehicle areas from the pedestrian areas the boundary
between the areas shall be defined by a continuous detectable warning which is 36
in (915 mm) wide complying with ADAAG 4.29.2. Note: If the bus stop pad is
NOT designed or constructed by the transit agency, the detectable warning may not
be required. [4.29.2]

Problem: Some bus stop pads are not long enough, so the lift or ramp extends
beyond the pad.

Slide Solution; New bus stop pads shall have a minimum clear length of 96 in (2440 mm)
9 measured from the curb or vehicle roadway edge and a minimum clear width of 60

in (1525 mm) measured parallel to the vehicle roadway to the maximum extent

feasible with existing site constraints. [10.2.1(1)]

Problem; How is a transit agency supposed to construct bus stop pads at all the bus
stops along the city streets and suburban arterials?

Solution: Section 10.2.1(1) does not require that bus stop pads be built; it does
specify what a bus stop pad must look like if it is constructed.

Section 37.9(c) further explains that public entities must exert control over the
construction of bus stop pads if they have the ability to do so. The Access Board
and DOT realize that most physical improvements related to bus stops are out of
the control of the transit provider. Section 37.9(c) states that if the transit provider
has control over construction it must meet the standards. [10.2.1(1), 37.9(c)]

4-1-6

Problem: Many bus stop pads, especially in suburban areas, get soft and muddy
after it rains or during the winter months, which makes it difficult for people in
wheelchairs to negotiate.

Solution; New bus stop pads shall have a firm stable surface. For water drainage
a maximum slope of 1:50 (2 percent) perpendicular to the roadway is allowed.
Where there are no pads, the transit agency should consider constructing them or
encouraging the appropriate jurisdiction to do so. [10.2.1(1)]

n Bus Passenger Shelters

Problem: Some bus passenger shelters are designed and located such that a person
in a wheelchair cannot use them.

Slide Solution: Bus passenger shelters should be designed with access openings at least
10 32 in (1370 mm) wide. For a front approach, maneuvering clearance at the
openings should be 48 in (1220 mm) long with the width the same as the opening.
For a side approach, the maneuvering area should be 42 in (1065 mm) long by 54
in (1370 mm) wide. A minimum clear floor area of 30 in (760 mm) by 48 in (1220
mm), entirely within the perimeter of the shelter shall be provided. The shelter
shall be connected by an accessible route to the boarding area. [4.13.6, 10.2.1(2)]

Slide Problem: The benches in the shelter that are installed at a bus stop area that is
11 sloping the same way as a steep parallel roadway are too high on one end for people
with certain disabilities to use.

Solution: Fixed or built-in benches should be from 16 in (406 mm) to 20 in (508
mm) from the ground and should be a uniform height. If the height between the
bench and the ground cannot be kept relatively uniform because the bench is
located on the back wall of the shelter (parallel to a steep roadway) then the bench
should be repositioned on a side wall of the shelter (perpendicular to the roadway).
Sufficient clear area for a wheelchair [e.g., 30 in (760 mm) by 48 in (1220 mm)]
must be maintained within the shelter. [10.2.1(2)]

4-1-7

Problem; Some bus passenger shelters are located so close to the street that a
person in a wheelchair cannot pass between the shelter and the curb. Other shelters
are located adjacent to utility poles, signs or street lights which restrict access
between the shelter and the curb.

Solution; When locating a shelter provide a minimum of 36 in (915 mm) of width
between the curb and the shelter or between any existing pole and the shelter.
ADAAG Fig. 7(b) shows that, if a wheelchair user must turn around an obstruction
(such as the wall of the shelter), a minimum clear distance from the curb of 48 in
(1065 mm) is required. For safety reasons, even more clearance from the curb edge
is desirable. [4.3.3]

4-1-8

□ Bus Stop Signage

Slide Problem: Many bus stop signs have route information printed on them but the sign

12 is mounted so high or the route information is printed so small that people with
impaired vision and people in wheelchairs cannot read the sign.

Solution; When provided, all new bus route identification signs shall comply with
Slide the following. The characters and background of signs shall be eggshell, matte or

13 other non-glare finish. Characters and symbols shall contrast with their background
- either light characters on a dark background or dark characters on a light
background. In addition, to the maximum extent practicable, all new bus route
identification signs shall comply with ADAAG 4.30.2 and 4.30.3. ADAAG 4.30.2
and 4.30.3 require that letters and numbers on signs shall have a width-to-height
ratio between 3:5 and 1:1 and a stroke-width-to-height ratio between 1:5 and 1:10.

Characters and numbers on signs shall be sized according to the viewing distance
fi-om which they are to be read. The minimum height is measured using an upper
case X. Lower case characters are permitted. If the sign is mounted 80 in (2030
mm) above the walkway, the minimum character height shall be 3 in (75 mm). Signs
are mounted at 80 in (2030 mm) above the ground when the sign protrudes more
than 12 in (305 mm) beyond the post Route signs could be mounted on the wall
of the shelter when a shelter is present This would make the sign readable by
people in wheelchairs. If mounted on the wall of the shelter the center of the sign
should be 60 in (1525 mm) from the ground surface. [10.2.1(3), 4.30.2, 4.30.3,
4.30.5]

Problem: People who are blind cannot tell when they are at a bus stop and when
they determine they are, they do not know what routes serve that stop.

Solution; Bus stop signs could be placed on a post that has a unique cross section
Slide so that blind people could feel the size/shape of the post and know they are at a bus
14 stop.

Route information (e.g., the routes that stop at a specific bus stop) could be placed
on the sign post in Braille either on a small plaque or tack welded onto the post.
As the different buses stop at a multi-route stop the drivers should be sensitive to
the various disabilities and call out the bus route number. The DOT rule requires
that operators either provide a means by which a person with a vision impairment
can identify the bus or a means by which the person can identify himself or herself
as a person seeking a ride on a particular route. [37.167, p. 45755]

4-1-9

Problem: Many local jurisdictions have passed ordinances which restrict the size of
signs. At a multi-route stop if all of the route information is placed on a sign face
in compliance with the ADAAG standards 4.30.2 and 4.30.3 the sign will be larger
than permitted by the local ordinance.

Solution: Signs that are sized to the maximum dimensions permitted under
legitimate local, state or federal regulations or ordinances shall be considered in
compliance. In other words, use the maximum legal size of a sign and adjust the
size of print as close to 3 in (75 mm) as possible so that all required route
information will fit on the sign. [10.2.1(3)]

4-1-10

Bus Route Information

Problem; Bus route schedules, time tables and maps are sometimes posted within
the shelter at a bus stop. These are printed small and it is difficult for persons with
visual impairments to read them.

Solution; Although the standards do not require schedules, time tables or maps to
comply with ADAAG 4.30.2 and 4.30.3, the transit service provider should make
every effort to provide schedules and maps in large bold print and Braille whenever
possible. [10.2.1(3)]

D Enforcement

Slide Problem; Buses cannot pull up to the bus stop pad to engage the lift or ramp
15 because cars or delivery trucks are parked near or in the bus stop area.

Solution; Bus stops must be clearly marked. The limits of the bus stop must be large
enough for the bus to pull in close and parallel to the curb. Transit service
providers should work closely with local police to enforce the no parking and no
standing regulations at bus stops. In general, far-side bus stops are better than near-
side stops.

4-1-11

EXERCISES

1. The roadway is on an uphill grade. A bus stop is planned along the roadway. How
should the bus stop pad be designed?

(a) On the same grade as the roadway.

(b) As level as practicable.

2. The slope of a bus stop pad, perpendicular to the roadway, can affect the operation
of the platform lift. Therefore, the pad should .

(a) slope away from the roadway on a 1:50 slope

(b) be level

3. What is the minimum clear length of a newly constructed bus stop pad?

(a) 36 in (915 mm)

(b) 48 in (1220 mm)

(d) 96 in (2440 mm)

4. How is the clear length measured?

(a) Perpendicular to the roadway edge.

(b) Parallel to the roadway edge.

5. What is the minimum clear width of a newly constructed bus stop pad?

(a) 36 in (915 mm)

(b) 48 in (1220 mm)

(d) 72 in (1830 mm)

6. The ADA Standards do not require that bus stop pads be built, but they do specify
what a bus stop pad must look like if one is constructed. ADA requires bus stop
pads to be .

(a) concrete

(b) asphalt

(d) stable and firm surface

4-1-12

7. If a bus stop sign is on a post at approximately 80 in (2030 mm) above the ground,
what is the proper height of the letters on the sign?

(a) 5/8 in (15 mm)

(b) 1 in (25 mm)

(d) 3 in (75 mm)

4-1-13

UNIT 4-2
ACCESSIBLE ROUTE BETWEEN THE TRANSIT FACILITY ENTRANCE AND
THE BOARDING PLATFORM - BUS TERMINALS/RAIL STATIONS

SCOPE

The Department of Transportation rules implementing the facility accessibility requirements
of ADA can be found at two levels of detail. The first area which addresses the more
general requirements is contained in 49 CFR Part 37, Subpart C - Transportation Facilities.
The second, more specific design criteria is contained in tiie ADA Accessibility Guidelines
for Buildings and Facilities (ADAAG). Section 10, Transportation Facilities, includes
additional requirements specific to transportation facilities.

This unit will address the barriers that may be encountered when entering into, circulating
through, and exiting a bus terminal or rail station. The unit addresses those accessible
features that are required throughout the terminal/station area and on the boarding
platform.

Unless otherwise noted, this section deals with design construction or alteration carried
out by or on behalf of a transit agency.

4-2-1

DEnNITIONS

"New" Transportation Facility: A facility or station on which construction began (i.e.,
issuance of notice to proceed to a construction contractor) after January 25, 1992, or in the
case of intercity or commuter rail stations, after October 7, 1991.

Primary function: A major activity for which the transportation facility or station is
intended. Areas that involve primary functions include, but are not limited to, ticket
purchase and collection areas, passenger waiting areas, train or bus platforms, baggage
checking and return areas and employment areas.

Altered Area: An existing facility or part of an existing facility that because of alterations
affects or could affect the usability of the facility or part of the facility in providing
designated public transportation services. Alterations for which a notice to proceed or
work order was issued after January 25, 1992, or for commuter or intercity rail stations
after October 7, 1991 are covered by ADAAG.

Path of Travel: A continuous unobstructed way of pedestrian passage by means of which
the altered area may be approached, entered, and exited and which connects the altered
area with an exterior approach (including sidewalks, parking areas and streets) an entrance
to the facility, and other parts of the facility. Path of travel also includes the restrooms,
telephones, and drinking fountains serving the altered area.

Accessible Path of Travel: A continuous unobstructed way of pedestrian passage which
may include walks and sidewalks, curb ramps and other interior or exterior pedestrian
ramps, clear floor paths through corridors, waiting areas, concourses, and other improved
areas, parking access aisles, elevators and lifts, bridges, tunnels, or other passageways
between platforms, or a combination of these and other elements.

Key Stations in Light and Rapid Rail Systems and Commuter Rail Systems: Stations
identified by a public entity or commuter rail authority through a prescribed public
participation process and through the consideration of the following criteria:

(1) Stations where passenger boardings exceed average station passenger boardings on
the rail system by at least fifteen percent, unless such a station is close to another
accessible station.

(2) Transfer stations on a rail line or between rail lines.

(3) Major interchange points with other transportation modes, including stations with
major parking facilities, bus terminals, intercity or commuter rail stations, passenger
vessel terminals or airports.

(4) End stations, unless close to another accessible station.

4-2-2

(5) Stations serving major activity centers such as employment or government centers,
institutions of higher education, hospitals or other major health care facilities or
other facilities that are major trip generators for individuals with disabilities.

Intercity Rail Facility: Facilities served by intercity rail passenger cars which are rail cars
intended for use by the National Railroad Passenger Corporation (Amtrak). Intercity rail
stations shall be made readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs, as soon as practicable but in no event later than
July 26, 2010.

4-2-3

APPLICABLE STANDARDS

Transportation Facilities

Entrances

Accessible Route

Signage [Exception 10.3.1(4)]

Automated Teller Machines

Controls and Operating Mechanisms

Doors

Detectable Warnings

Telephones

Elevators [Exception 10.3.1(17)]

Sales and Service Counters, Teller

Windows, Information Counters
Space Allowance and Reach Ranges
Alterations to an Area Containing a

Primary Function

49 CFR Part 37, Subpart C

ADAAG 10

ADAAG 4.14

ADAAG 4.3

ADAAG 4.30

ADAAG 4.34

ADAAG 4.27

ADAAG 4.13

ADAAG 4.29

ADAAG 4.31

ADAAG 4.10

ADAAG 7.2

ADAAG 4.2
ADAAG 4.1.6(2)

4-2-4

PROBLEMS AND SOLUTIONS

Problems and solutions will be addressed at two levels of detail: (1) General Requirements
and (2) Specific Design Requirements.

Checklist of Problems - General Requirements

n New Construction and Alterations by Public Entities

n Key Stations (Light, Rapid, & Commuter Rail)

n Intercity Rail Accessibility

□ Exceptions

n New Construction and Alterations by Public Entities

SHde Problem; A notice to proceed was issued on January 28, 1992 for the construction
1 of a multi-million dollar multi-modal transportation center. The center has a rapid

rail station, a commuter rail station, a collector bus terminal, a large multi-level
parking garage, a day-care center and direct pedestrian connections to a major
shopping center. The design for this transportation complex was developed over a
two-year period and the design standards required compliance with UFAS and ANSI
A117.1 - 1980, Standards. "Actual" construction of the complex did not start until
February 24, 1992. What, if any, modifications have to be made to ensure that the
transportation complex fully complies with the American with Disabilities Act.

Solution; The Rule requires that all new facilities constructed after January 25,
1992 be accessible to and usable by individuals with disabilities. The requirement
is keyed to construction which "begins" after January 25, 1992. The regulation
defines "begin" to mean when a notice to proceed order has been issued. Since
notice to proceed was issued after January 25, 1992, this entire transportation
complex must be constructed in compliance with the ADAAG Standards.

Since the ADAAG standards contain additional requirements than UFAS and ANSI
A117.1 - 1980, a review of the design should be initiated and appropriate changes
must be added by modification to the construction contract. Note: ADAAG
requires areas used as work areas to be accessible so that a person with disabilities
or a person in a wheelchair can approach and enter and exit the work area. This
requirement applies even if the employees who work in the work area are not
disabled. [37.41, p. 45627, p. 45738]

4-2-5

Problem: Some major alteration projects are being planned for several rail stations
on the system. The Rule requires a public entity undertaking alterations that affect
or could affect the usability of or access to an area of a facility containing a primary
function to make the alterations in such a manner that . . .
What is the definition of a primary function?

Solution; Primary function is a major activity for which the facility is intended.
Areas of transportation facilities that involve primary functions include but are not
limited to:

Ticket purchases and collection areas

Passenger waiting areas

Train and bus platforms

Baggage checking and return areas

Employment areas

Note: Employment areas involving non-occupiable spaces accessed only by ladders,
catwalks, crawl spaces, very narrow passageways, or freight (non-passenger) elevators
which are frequented only by maintenance and repair personnel are not required to
be accessible to persons with disabilities. [37.43, p. 45627, p. 45739]

4-2-6

Problem; A large rail station alteration contract was awarded on December 17,
1991. On January 30, 1992 the notice to proceed was issued to the contractor. The
alteration contract contains a number of items that specifically address accessibility.
When the design was done for the project, UFAS and ANSI A117.1 - 1980
Standards were used to ensure that the altered work would comply with each and
every element in UFAS and ANSI A117.1 - 1980. Since all of the design work was
completed, the construction work advertised and a construction contract awarded
before the effective date of the rule (January 25, 1992), it is assumed that no
additional work will need to be done to make the station fully accessible.

Solution; Even though the construction contract was awarded prior to January 25,
1992 and the design fully complied with UFAS and ANSI A117.1 standards, the
Rule requires that any alteration which "begins" after January 25, 1992 (or in the
case of intercity and commuter rail stations after October 7, 1991) must comply with
ADAAG standards. The regulation defines "begin" to mean notice to proceed.
Since notice to proceed was not given until January 30, 1992, the alteration contract
must be modified to incorporate the new ADAAG standards. [37.43, p.45627, p.
45739]

Problem; A transit agency made several alterations to a rail station in 1990, and all
of the alterations were in conformance with UFAS and ANSI A117.1 - 1980. Do
the alterations have to be changed to comply with ADAAG?

Solution; Previous alterations made in conformance with UFAS (for federally
funded projects) are deemed to be accessible but only to the extent a specific
element is covered by the applicable standard. For example, an elevator provided
in conformance with UFAS is acceptable even if it is not glazed.

4-2-7

Problem: Alterations are planned for the platform of a commuter rail station. The
platform will be raised to provide level boarding onto the new cars, a detectable
warning strip will be added to the platform edge and signs will be upgraded to
comply with the ADAAG standards. Coincidentally, the ticketing area and turnstile
gates will be on the same level as the new raised platform. An existing pedestrian
passageway leads from the ticketing area up a slight incline to a flight of four steps.
Once past the steps, the street is accessible by an elevator which serves another
station. The only alterations that are planned are those associated with the
platform.

Solution; The Rule requires a public entity or the owner of, or entity in control of,
a commuter rail station undertaking alterations that affect or could affect the
usability of, or access to, an area of a facility containing a primary function, to make
the alterations in such a manner that, to the maximum extent feasible, the path of
travel to the altered area and the bathrooms, telephones and drinking fountains
serving the altered area are accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs. Provided that, alterations to the path of
travel, drinking fountains and bathrooms are not required to be made accessible and
usable if the cost and scope of doing so would be disproportionate to the planned
alteration.

Because of the Rule, the public entity must consider the costs of making the
following non-accessible elements accessible: (1) the gates between the platform
and the ticketing area, (2) the ticketing area, and (3) the pedestrian way between
the ticketing area and the elevator to the street. This would require: (1) replacing
the turnstiles with an accessible gate having a minimum clear opening of 32 in (815
mm) and having a smooth continuous surface extending from 2 in (50 mm) above
the floor to 27 in (685 mm) above the floor and complying with all applicable
specifications in ADAAG 4.13 Doors; (2) altering the ticketing area to comply with
all applicable specifications in ADAAG 7.2 Sales and Service Counters, Teller
Windows, Information Counters; (3) replacing the stairs in the pedestrian
passageway with a ramp complying with ADAAG 4.8 Ramps and ensuring that the
pedestrian passageway complies with ADAAG 4.3 Accessible Routes, 4.4 Protruding
Objects and 4.5 Ground and Floor Surfaces.

If the costs of altering the turnstiles, ticketing area and steps is less than twenty
percent of the cost of the platform alterations, all of the alterations must be
undertaken.

Note: If telephones, restrooms, and a drinking fountain are available for use by the
general public along the path of travel between the platform and the elevator to the
street in the other station, then: (1) the telephones must be made to comply with
ADAAG 4.31 Telephones, (2) the restrooms must be made accessible (e.g., grab
bars ADAAG 4.26, enlarged toilet stalls ADAAG 4.17, accessible faucet controls
ADAAG 4.19), and (3) the drinking fountain must be made to comply with
ADAAG 4.15 Drinking Fountains and Water Coolers.

4-2-8

Problem; In the previous problem, how should the improvements be prioritized if
some can be done and others cannot because of the disproportion to the cost of the
alteration guidelines.

Solution: Priority should be given to the elements that will provide the greatest
access, in the following order:

(1) An accessible entrance

(2) An accessible route to the altered area from the entrance

(3) At least one accessible restroom for each sex or a single unisex
restroom (where there are one or more restrooms)

(4) Accessible telephones (including text telephones)

(5) Accessible drinking fountains [37.43, p. 45628]

Problem; Some station alteration work has been designed with in-house forces.
The implementation (construction) of the alterations will also be accomplished with
in-house maintenance personnel, that is, no construction contract will be awarded.
Since a notice to proceed will not be issued, what is the triggering event that is
equivalent to the notice to proceed?

Solution; When alteration work is scheduled to be done with in-house forces, the
date the work order is signed by the approving official is the official start date for
construction. (35.43, p. 45627, p. 45739)

4-2-9

Key Stations (Light, Rapid and Commuter Rail)

Problem; Using the criteria for defining key stations, it has been determined that
ten stations are key on a particular system. The policy of the Board of Directors is
full compliance with ADA, but because of funding limitations and the time it takes
to implement a change (e.g., select a designer, design, advertise, award, and
construction) it is not likely that all of the key stations will be modified to meet the
ADAAG standards by the required date of July 26, 1993.

Solution: A rail operator may request an extension of the July 26, 1993 completion
deadline for accessibility modifications to one or more key stations. The extension
for light rail and rapid rail stations can be up to July 2020, though two-thirds of the
key stations must be accessible by July 2010. Commuter rail stations can be
extended up to July 2010. The extension is granted by FTA on a station-by-station
basis. To justify an extension, it must be shown that making a station accessible
requires extraordinarily expensive alterations, such as raising the entire platform,
installing an elevator, or alterations of similar cost and magnitude. An extension
cannot be granted for Station A that requires some non-extraordinarily expensive
changes because Station B which has extraordinarily expensive changes will require
all of the available resources. In other words, non-extraordinarily expensive charges,
however costly, when considered collectively for a system are not grounds for
granting an extension. [37.47 & 37.51, p. 45628, p. 45739]

Problem; Major alterations were completed at a rapid rail transfer station in June
of 1990. These alterations made the station fully accessible in compliance with
UFAS. This station has recently been designated a key station. A detailed survey
was conducted and the station fully complies with UFAS and ANSI A117.1, 1980.
What additional work, if any, must be done at the station?

Solution: An earlier alteration of an entire station in accordance with UFAS or the
ANSI standard does not relieve an entity from compliance with ADAAG standards
for individual elements and spaces that were not covered in the UFAS or ANSI
standards. For example, if a particular individual element is required by the
ADAAG standards but was not required by the UFAS or ANSI standards, that
element would now be required at the key station. Note: If federal financial
assistance was used to alter a facility, the UFAS would have applied. If a facility
was altered without federal financial assistance, the ANSI standards would have
applied.

4-2-10

Intercity Rail Stations

Problem; A commuter rail system is being planned. Several of the stations that are
to be used by the commuter rail train are intercity rail stations used by Amtrak
trains. Are requirements for stations under the control of Amtrak different than
those for rapid rail or commuter rail?

Solution; All intercity rail stations shall be made readily accessible to and usable by
individuals with disabilities including individuals who use wheelchairs, as soon as
practicable, but in no event later that July 26, 2010. This requirement is separate
from and in addition to the requirements discussed in the previous Problems/
Solutions for Rapid, Light and Commuter Rail Stations. [37.55, p. 45629] Where
intercity and commuter rail systems share the station, the parties are expected to
come to an agreement on how to share responsibility. Detailed guidance is provided
in Appendix D to the DOT rule [37.49, p. 45740]. Where different parties have
different schedules or deadlines for modification, the "late" part of the work should
not get in the way of people's use of modifications resulting from the "early" part
[37.59, p. 45741]

4-2-11

Checklist of Problems - Specific Design Requirements

Entrances

Accessible Routes/Circulation Paths

n Escalators

n Elevators

n Illumination

D Public Address Systems

D Clocks

D Telephones

Fare Collection/Ticketing Areas

n Baggage Check/Claim Areas

Platforms

n Station Identification Signs

D Station, Route, Destination Signs

n Platform Edge

D PlatformA^ehicle Gap

D Track Crossings

4-2-12

Entrances (New Construction and Key Stations)

Problem; There are four entrances at one of the existing stations that has been
designated as a key station. Do all four have to be made accessible? What are the
design requirements for an accessible entrance to a rail station?

Solution; ADAAG 10.3.2(1) requires at least one accessible entrance to a key
station.

The circulation path, including an accessible entrance and an accessible route shall,
to the maximum extent practicable coincide with those used by the majority of the
general public.

Slide Problem; A new rapid rail station is under design. Four entrances are planned for
2 the station. Entrance A will serve a direct connection pedestrian passageway from
a Regional Shopping Mall and Condominium Complex. Entrance B will connect to
a commuter rail station. Entrance C will serve a multi-level commuter parking
garage and a bus terminal area where the local feeder bus routes arrive and depart.
Entrance D will serve several surface parking lots and a bus terminal area where the
regional commuter bus routes arrive and depart. Since cost is a major factor in the
feasibility of this rapid rail station, the designer has been instructed to design the
minimum acceptable accessible entrances. How many of the entrances must be
made accessible?

Solution; If the station is designed as planned all four entrances must be made
accessible to comply with the following ADAAG standards. At least one entrance
to each new rapid rail station shall be accessible (comply with ADAAG 4.14
Entrances). ADAAG 4.14 requires entrances to serve transportation stops, parking
and public sidewalks. In addition, if different entrances to a station serve different
transportation fixed routes or groups of fixed routes, at least one entrance serving
each group or route shall be accessible (comply with ADAAG 4.14 Entrances). All
accessible entrances shall, to the maximum extent practicable, coincide with those
used by the majority of the general public. [10.3.1(2)]

Direct connections to commercial, retail or residential facilities shall have an
accessible route complying with ADAAG 4.3 from the point of connection to
boarding platforms and all transportation system elements used by the public.
[10.3.1(3)]

4-2-13

Slide Problem: Once it has been detennined what entrance should be made accessible,
3 how will people with disabilities know which one it is?

Solution: Entrances which are not accessible shall have directional signage
complying with 4.30.1, 2, 3 and 5, which indicates the location of the nearest
accessible entrance. The characters on the directional signage shall have a width-to-
height ratio between 3:5 to 1:1 and a stroke-width-to-height ration between 1:5 to
1:10 (4.30.2). Characters shall be sized according to the viewing distance from which
they are read with the minimum height measured using an upper case X. Minimum
character height shall be 3 in (75 mm) when the bottom of the sign is mounted 80
in (2030 mm) above the floor. [4.30.3, 4.4.2]

The characters and background of the signs shall be eggshell, matte, or other non-
glare finish. Characters shall contrast with their background - either light characters
on a dark background or dark characters on a light background (4.30.5). The
accessible entrance shall be identified with a sign containing the international ^onbol
of accessibility. [10.3.1(1), 4.30.7(1)] Where signs are provided at entrances to
stations identifying the station or the entrance, or both, at least one sign at each
entrance shall comply with 4.30.4 and 4.30.6. Such signs shall be placed in uniform
locations at entrances within the transit system to the maximum extent practicable.
These station entrance signs, if provided, shall have characters which are raised 1/32
in (0.8 mm) in upper case, sans serif or simple serif type and shall be accompanied
with Grade 2 Braille. The raised characters shall be at least 5/8 in (16 mm) high,
but no higher than 2 in (50 mm). If pictograms are used they shall have a minimum
border dimension height of 6 in (152 mm). Each pictogram shall be accompanied
by the equivalent verbal description placed directly below the pictogram. (4.30.4)
The sign identifying the station entrance shall be installed on the nearest adjacent
wall if applicable mounted at 60 in (1525 mm) from the floor to the centerline of
the sign. The sign shall be mounted in a location so that a person may approach
within 3 in (76 mm) of the sign without encountering protruding objects or standing
within the swing of a door. [4.30.6]

If the station does not have a defined entrance, but signage is provided as outlined
above, then the accessible signage shall be placed in a central location.

If it is not obvious what constitutes a "uniform location at entrances" or a "central
location" where there is no defined entrance, the transit agency should discuss the
issue with the local community of persons with vision impairments or organizations
representing them.

4-2-14

Accessible Routes and Circulation Paths (New Construction and Key Stations)

Problem; Many times the routes that have been made accessible are circuitous and
go through some isolated areas where there are very few people.

Elevators have been installed in some stations that provide service from the street
directly to one end of a side platform station serving the northbound trains. If a
person with disabilities is on the street level and wants to catch a southbound train
he or she must use the elevator access to the northbound platform, traverse a long
route to an elevator that connects the northbound platform to a platform below on
another line and then get another elevator which connects the line below to the
southbound platform. This rather lengthy circulation path is difficult for persons
with disabilities. There are no signs or instruction to show a person in a wheelchair
how to get from the street level to the southbound train platform.

Solution; Elements such as ramps, elevator, or other circulation devices, fare
vending or other ticketing areas and fare collection areas shall be placed to minimize
the distance which wheelchair users and other persons who cannot negotiate steps
may have to travel compared to the general public. The circulation path, including
an accessible entrance and an accessible route, shall, to the maximum extent
practicable, coincide with the circulation path used by the general public. If a
circuitous route must be used to gain access to a transportation facility or if the
accessible route is different than the route used by the general public signage shall
be provided to indicate direction to and to identify the accessible entrance and
accessible route. [10.3.1(1), 10.3.2(2)]

Slide Problem; Many existing transit stations have direct connections to commercial,
4 retail, and residential facilities. Unfortunately, the route between the transportation

facility and the commercial, retail and residential facilities is not accessible to people

in wheelchairs.

Solution; Direct connections to commercial, retail or residential facilities at existing
stations that are key stations shall, to the maximum extent feasible, have an
accessible route from the point of connection to boarding platforms and all
transportation system elements used by the public. The transportation agency
should include language in whatever agreement it has with the commercial, retail or
residential facility which requires or encourages the provision of an accessible route
from the direct connection point into the connected transit facility.

4-2-15

Slides Problem: Direct connections from a planned transportation facility to adjacent
5, 6 commercial, retail and residential developments are being considered. Some of
these direct connections will not be needed until the new development is fully
operational. Thus, a "knock out" panel is being provided in the transportation
facility. What are the responsibilities of the public entity that is designing and will
operate the transportation facility?

Solution: The public entity must design and construct the transportation facility in
such a way that all direct connections to commercial, retail or residential facilities
shall have an accessible route from the point of connection to boarding platforms
and all transportation system elements used by the public. Any elements provided
to facilitate future direct connections (e.g., "knock out" panels) shall be on an
accessible route connecting boarding platforms and all transportation system
elements used by the public. The public entity should coordinate closely with
adjacent developers to ensure that an accessible route is provided between the direct
connection entrance and the development.

4-2-16

n Escalators (New Construction)

Slide Problem; Escalators leading from the street level to the mezzanine and from the
7 mezzanine to the station platform are difficult for people with visual impairments

to use because it is difficult for them to see when the moving tread reaches the

comb plate.

Solution; On new construction, when escalators are provided they shall be designed
so that at the top and bottom of each escalator run at least two contiguous treads
shall be level beyond the comb plate, before the risers begin to form. All treads
shall be marked by a strip of clearly contrasting color, 2 in (50 mm), wide placed
parallel to the nose of each step. The material shall be at least as slip resistant as
the remainder of the tread. The treads shall be apparent from both ascending and
descending directions.

Problem; The design for the alteration of a key station is underway. There are two
areas where the designer has proposed to replace stairs with escalators. What
design standards are required for escalators?

Solution; An accessible route does not include stairs, steps or escalators. Thus,
ADAAG 10.3.2 Existing Facilities: Key Stations does not address standards for
escalators. Since many people with disabilities do use escalators they should be
designed to be as safe as possible, especially for people with low vision. Thus, it is
recommended that when escalators are provided as part of an overall alteration, they
should be designed with the same parameters that were outlined in the previous
Problem/Solution statement

Slide Problem; The width of some older escalator treads make it difficult for people who
8 use guide dogs because the step is not wide enough for the dog to stand along-side

his/her master.

Solution; On new construction where escalators are provided, the tread width shall
be 32 in (815 mm). If a station is being altered and a new escalator is being
installed, the tread should be 32 in (815 mm) wide if physically possible even though
there is no specific standard.

4-2-17

n Elevators (New Construction and Key Stations)

Problem; Since an accessible route does not include stairs, steps or escalators and
ramps cannot address all level change problems, it is obvious that elevators or
platform lifts will have to be installed in new construction and during alterations of
existing stations, key stations, specifically, to make a route accessible. What design
parameters must be addressed when preparing an elevator design?

Slides Solution; Elevators shall be designed to comply with all applicable specifications
9A,B contained in ADAAG 4.10 Elevators. In addition, when provided in transportation
facilities, elevators shall be glazed or have transparent panels to allow an
unobstructed view both into and out of the elevator car. [4.10, 10.3.1(7)]

Problem; One of the rapid rail stations on the Blue Line has been designated a key
station. In June 1990, an elevator was added to this station. No federal funds were
used for this elevator project. ANSI A117.1 Specifications were used for the design
and the elevator complies with the ANSI standards but it does not meet the
ADAAG standards. Additional alterations are planned for this key station to bring
it into compliance with the ADAAG standards. Does the elevator need to be
modified to bring it into compliance with the ADAAG standards?

Solution; No. If the elevator was designed to comply with the 1980 ANSI standards
and it still complies with those standards, it is not required to modify the elevator
to comply with ADAAG standards. All other modifications that are currently being
undertaken must comply with the ADAAG standards. It should be noted that this
"grandfathering" applies only to alterations of individual elements and spaces and
only to the extent that provisions covering those elements and spaces are found in
UFAS or ANSI A117.1 - 1980. [37.9, p. 45625, p. 45735] If the previous
installation of an elevator was made with federal funds, compliance with UFAS,
rather than ANSI 117.1 - 1980, would have been required for the grandfather
provision to apply.

4-2-18

Slide Problem; Some areas in transportation facilities are quite restricted and it is
9C,D difficult to accommodate a full-sized elevator in the area that is the most

appropriate location. What are the minimum dimensions of the floor area inside

the elevator, and how wide must the door be?

Solution: The floor area of the elevator car shall provide space for wheelchair users
to enter the car, maneuver within reach of the controls and exit the car. Door
openings shall be a minimum 36 in (915 mm). All elevator cars shall be a minimum
51 in (1291 mm) deep from the back wall to the front wall. A minimum clear
distance of 54 in (1370 mm) is required between the back wall and the face of the
door when it is closed. If the door is centered on the car, the minimum car width
shall be 80 in (2030 mm). When the door is off-set to one side of the car, the
minimum car width shall be 68 in (1730 mm).

Note: In transportation facilities, elevator cars with a clear floor area in which a 60
in (1525 mm) diameter circle can be inscribed may be substituted for the minimum
car dimensions stated above. However, in alterations, as opposed to new
construction or key station requirements, ADAAG 4.1.6(3)(c) permits an inside
elevator car area of 48 in by 48 in (1220 mm by 1220 mm) where existing draft
configurations or technical infeasibility prevent compliance with 4.10.9.

Problem; The control panels inside the car of the elevator seem to vary
considerably from elevator to elevator even on the same transportation system. Is
there a standard for the control panel?

Solution; Buttons shall be raised or flush and the smallest dimension shall be at
least 3/4 in (19 mm). All control buttons shall be designated by Grade 2 Braille and
sans serif characters, raised 1/32 in (0.8 mm) and at least 5/8 in (16 mm) high. Main
entry floor call button shall be designated by a raised star to the left of the floor
number. Any other raised pictograms shall be placed immediately to the left of the
button to which they apply. Floor buttons shall have visual indicators to show when
a call is registered and the indicator shall be extinguished when a call is answered.
All floor buttons shall be no higher than 54 in (1370 mm) above the car floor for
a side approach and 48 in (1220 mm) for a front approach. All emergency controls
shall be grouped at the bottom of the panel and shall have their centerline no higher
than 35 in (890 mm) above finish floor. Controls shall be located on a front wall
if cars have center opening doors and at the side wall or at the front wall next to the
door if cars have side opening doors.

It is desirable for the configuration of buttons in elevators throughout the system to
be uniform. For example, the "up" button should ahvays be above the "down" button
on a two-stop elevator.

4-2-19

Problem; The elevator is a very critical element of an accessible route, and a very
expensive element to install. Since an elevator is a specialized piece of equipment
it would seem that there would be only a few manufacturers, and that it would be
up to the manufacturers to produce a standard elevator which would fully comply
with ADA- Yet when you ride on the various elevators around the country it seems
like there is a lot of variety. How can the transportation facility designer be assured
that the elevator that is selected for installation complies with the new ADAAG
standards?

Solution: The ADAAG standards for elevators (4.10 Elevators) should be cited as
the minimum standards in the elevator specifications. If the transportation facility
designer shows specific design details in the contract drawings, he should ensure that
those design details comply with the ADAAG standards. [Sections 4.10 and
10.3.1(17)] The ADAAG standards address the following criteria for elevators, a
brief summary is provided for each criteria.

Automatic Operation: Elevators shall be automatic, each car shall have a self-
leveling feature that will bring the car floor and landing level to within + 1/2 in (13
nmi) under rated to zero loading conditions.

Slide Hall Call Buttons: Shall be centered at 42 in (1065 mm) above the floor. Shall

10 have visual signals to indicate when a call is registered and when it is answered. Call
button shall be a minimum of 3/4 in (19 mm) in the smallest dimension. Up bottom
shall be on top of the down button. Buttons shall be raised or flush. Objects
mounted below the call buttons shall not project into the elevator lobby more than
4 in (100 mm).

Hall Lanterns: Shall provide a visible and audible signal at each hoistway entrance
to indicate which car is answering the call. Audible signals shall sound once for up,
twice for down or shall have verbal announcements of "up" or "down." Visible
signals shall have the following features: (1) Lantern centerline 72 in (1830 mm)
above the floor, (2) visual element shall be at least 2-1/2 in (64 mm) in the smallest
dimension, and (3) signal element shall be visible from the vicinity of the hall call
buttons.

Slide Raised and Braille Characters on Hoistway Entrances: Floor numbers shall be

11 permanently affixed to each hoistway door jamb at 60 in (1525 mm) above the floor.
Characters shall be 2 in (50 mm) high, sans serif, raised 1/32 in (0.8 mm). The
raised numbers shall be accompanied with Grade 2 Braille.

Door Protective and Reopening Device: Elevator doors shall open and close
automatically and shall be equipped with a reopening device that will stop and
reopen the doors if there is an obstruction. The reopening device shall be capable
of sensing an obstruction between 5 in (125 mm) and 29 in (735 mm) from the floor
without contact Door reopening devices shall remain on for 20 seconds and then
the doors may close.

4-2-20

Door and Signal Timing for Hall Calls: This is the time that elapses starting with
the visible and audible up/down signal until the doors of that car start to close. The
time is calculated and is a function of the distance (D) between that door and a
point in the lobby 60 in (1525 mm) in front of the furthest call button that operates
that door. The equation is Time=D/1.5 feet/second or Time=D/445 mm/second.
The minimum acceptable notification time shall be 5 seconds.

Door Delay for Car Calls: The minimum time for doors to remain open in response
to a call is 3 seconds.

Floor Plan of Elevator Cars: Elevator cars in a transportation facility with a clear
floor area in which a 60 in (1525 mm) diameter circle can be inscribed comply with
the ADAAG specifications by exception.

Floor Surface: Shall be stable, firm and slip-resistant. If carpet or carpet tile is
used, it shall be securely attached, have a firm cushion, pad or backing or no
cushion or pad, have level loop, textured loop, level cut pile or level cut/uncut pile
texture. Maximum pile thickness shall be 1/2 in (13 mm).

Illumination Levels: At car controls, platform and car threshold and landing sill
shall be at least 5 footcandles (53.8 lux).

Slide Car Controls: Buttons shall be raised or flush and the smallest dimension shall be
12 at least 3/4 in (19 mm). All control buttons shall be designated by Grade 2 Braille
and sans serif characters, raised 1/32 in (0.8 mm) and at least 5/8 in (16 mm) high.
Main entry floor call button shall be designated by a raised star to the left of the
floor number. Any other raised pictograms shall be placed immediately to the left
of the button to which they apply. Floor buttons shall have visual indicators to show
when a call is registered and the indicator shall be extinguished when a call is
answered. All floor buttons shall be no higher than 54 in (1370 mm) above the car
floor for a side approach and 48 in (1220 mm) for a front approach. All emergency
controls shall be grouped at the bottom of the panel and shall have their centerline
no higher than 35 in (890 mm) above finish floor. Controls shall be located on a
front wall if cars have center opening doors and at the side wall or at the front wall
next to the door if cars have side opening doors.

Car Position Indicator: Visual car position indicators located above the door or
above the car control panel shall illuminate to show which floor the car has stopped
at or passed, numerals at the visual indicator shall be at least 1/2 in (13 mm) high.
An audible signal shall also sound. Audible signal shall be no less than 20 decibels
with a fi-equency no higher than 1500 Hz.

Emergency Communications: If provided the highest operable part shall be 48 in
(1220 mm) above the floor. The communication device shall be identified by a
symbol raised 1/32 in (0.8 mm) and at least 5/8 in (16 mm) high. If the device is a
handset then the cord length shall be at least 29 in (735 mm). If the device is in a
closed compartment the door operating mechanism shall be operable with one hand

4-2-21

and shall not require tight grasping, pinching or twisting of the wrist. The force to
open the door shall be no greater than 5 Ibf (22.2N). The emergency system shall
not require voice communication.

4-2-22

Problem: Many times I have departed the train at my normal stop and proceeded
to the elevator to exit the station only to find the elevator is out of service.

Solution; Public and private entities providing transportation services shall maintain
in operative condition those features of facilities that are required to make the
facilities readily accessible to and usable by individuals with disabilities. Accessibility
features such as elevators shall be repaired promptly if they are damaged or out of
order. When an accessibility feature is out of order, the entity shall take reasonable
steps to accommodate individuals with disabilities who would otherwise use the
feature. Thus, when an elevator is out of service at Station A the transit operator
should make an announcement on the train as it approaches Station A. If a station
close by is accessible (Station B) the operator should announce that Station A
elevator is not operating but Station B entrance, only a few blocks away, does have
an elevator. This announcement should be made in a timely fashion so that the
affected riders can adjust their trips. If an accessible station (Station C) is not close
to Station A, the transit operator could provide accessible bus or paratransit service
between Station C and Station A. This temporary service should be announced
throughout the transit system if possible but at a minimum, it should be announced
on all trains serving Station A.

4-2-23

n Illumination (New Construction and Key Stations)

Problem; A large suburban transportation facility has parking lots and bus platforms
that are connected to the rail system. The lighting at certain points between the
parking area and the rail station entrance is so dim that older people with poor
vision sometimes trip and fall on some of the curbs. The ceiling lights on the
mezzanine area and along some of the pedestrian routes leading to the platforms
are designed so that there are bright spots and dark areas all along the route. This
non-uniform lighting pattern makes it difficult for persons with low vision to see
variations in the floor surface.

Solution; Lighting along circulation routes shall be of a type and configuration to
provide uniform illumination. [10.3.1(11)] Good general illumination on accessible
routes and in accessible spaces is critical to the use of transportation systems by
persons with disabilities, especially persons with low vision. Many forms of visual
impairment cause a person's vision to respond slowly to changes in lighting level,
especially in moving from bright daylight to dim transit stations. Relatively uniform
lighting levels, as well as brightness are important Fluorescent ceiling lights with
proper diffuser panels provide even illumination and are longer lasting and cheaper
to operate than incandescent lights. Other types of illumination, such as Halogen,
"daylight" spectrum, and some systems tested by the military, are also more
appropriate for persons with visual impairments. On the other hand, recessed
ceiling lights mounted in cans, or downlights, are examples of inappropriate lighting.
They create pools of light and shadow which are disconcerting to many persons with
low vision, (renditions such as glaucoma and cataracts cause particular susceptibility
to glare and reflection which is aggravated as a person moves under succeeding
downlights. Such lights also reflect off the interior surfaces of eyeglasses which may
be particularly disconcerting to persons with vision impairments. Downlights are not
prohibited but cannot be the only source of illumination on an accessible route or
space.

Slide Problem; The signs on the fare card machines are designed so that they appear to

13 comply with the ADAAG standards for signage. The signs are covered with a clear

plastic material. In the daylight the signs are easy to read but when it is dark and

the ceiling lights shine on the signs the glare from the lights makes it impossible to

read the signs.

Solution; Illumination levels in the areas where signage is located shall be uniform
and shall minimize glare on signs. [10.3.1(11)] The transit operator should change
the light bulbs in the ceiling light fixtures to see if the glare can be reduced. If the
sign is covered with a clear plastic cover a non-glare plastic should be considered.

4-2-24

Problem; The entrance signs at all of the transit stations appear to comply with all
of the signage requirements in ADAAG. During the day they are visible and easy
to read. At night the only light on the entrance signs is from nearby city street
lights. Apparently the transit operator does not provide lighting at the street level
of the transit station entrance. In many areas the street lights are not close enough
to the station entrance and thus it is dark and the entrance sign cannot even be
seen.

Solution: When entrance signs are provided the transit operator should provide
sufficient lighting so that the entrance sign can be seen by persons with low vision.
Many times the local jurisdiction will relocate or adjust the lighting levels of the
street lights if the transit operator brings lighting problems to their attention. The
transit agency might also consider installing internally lighted signs, which would
benefit all system users.

Slide Problem: Some stations are lighted with indirect lighting which is located between
14 the train tracks on side platform stations and beyond the train tracks along the

station wall on center platform stations. These bright lights which shine upward
tend to look like the edge of the platform for people with low vision, causing them
to walk off the edge of the platform and fall onto the track bed.

Solution: When designing lighting in a station, care should be taken to avoid using
decorative lights that are brighter than wayfinding lights. Transit operators could
have people with disabilities critique the station lighting after it is installed on the
first station and make changes to follow-on designs that would make the stations
more accessible. Note: On all new station construction and on key stations a
detectable warning is required along the edge of the platform.

4-2-25

n Public Address System (New Construction and Key Stations)

Problem; Many existing rail stations have audible public address systems which
provide a range of information to the patrons of the system. These audible P.A.
systems cannot be understood by people who are hard of hearing or people who are
deaf. Reverberation or train noise may also reduce their usefulness to persons with
average hearing.

Slide Solution: Where public address systems are provided to convey information to the
15 public in new and key stations, a means of conveying the same or equivalent
information to persons with hearing loss or who are deaf shall be provided
[10.3.1(14)]. Multi-message (LED) signs or TV monitors can be placed at strategic
locations along the circulation path and on the platform. The message displayed on
the screen should be clear and concise. Characters on the signs/monitors should be
sized according to the viewing distance from which they are to be read. Mounting
height and location should be such that persons in wheelchairs and persons with
vision impairments can approach the sign/monitor within a reasonable distance
without encountering protruding objects. Some routine information frequently
conveyed by P.A. (e.g., no smoking, operating hours, etc.) can be disseminated by
adequate signage.

Some of the problems with P.A. systems in transit facilities which make
announcements difficult to understand by persons with moderate hearing loss can
be addressed by placing speakers at more frequent intervals and lowering the
volume. This helps reduce distortion from reverberation.

D Clocks (New Construction and Key Stations When Provided)

Problem: Clocks in some transportation stations and terminals are difficult to find
and then when there is one it is difficult to read because the numbers are too small
and do not contrast with the background.

Slide Solution: Where clocks are provided for use by the general public, the clock face
16 shall be uncluttered so that its elements are clearly visible. Hands, numerals, and/or
digits shall contrast with the background either light-on-dark or dark-on-light.
Where clocks are mounted overhead to comply with the 80 in (2030 mm) headroom
height, the height of the numerals and/or digits shall be a minimum of 3 in (75 mm).
Clocks, if provided, shall be placed in uniform locations throughout the
transportation facility and system to the maximum extent practicable.

4-2-26

n Telephones (New Construction and Key Stations)

Slide Problem; The public entity that is responsible for the design of new stations and the
17 operation of the existing stations adopted a policy to provide public pay telephones

inside all new and existing stations. Do text telephones have to be provided? If so,

how many at each location?

Solution; If an interior public pay telephone is provided in a "transit facility" at least
one interior public text telephone shall be provided in the station. [10.3.1(12a),
10.3.2(2)]

Note: The Department of Transportation defines a "transit facility" for the purposes
of determining the number of text telephones required by the ADA as a physical
structure the primary function of which is to facilitate access to and from a
transportation system which has scheduled stops at the structure. [37.3]

Slide Problem; Public pay telephones are provided on the street level at the entrance to
18 all of the transit facilities on a particular system. Some entrances have only one
telephone, others have as many as ten telephones. What is required by the public
entity that operates the stations and if this policy of having telephones at the station
entrances continues in effect for new stations, what are the requirements for the new
stations?

Solution; Where four or more public pay telephones serve a particular entrance to
a rail station and at least one is in an interior location, at least one interior public
text telephone shall be provided to serve that entrance. Thus, if all of the public pay
telephones are mounted in an exterior location, no text telephones are required.
[10.3.1(12b), 10.3.2(2)]

Slide Problem; Public telephones were installed on the mezzanine level of a major
19 transfer station in 1989. This station has been designated a key station. The

telephones currently comply with UFAS, but none of the telephones have
telecommunication devices for the deaf (TDD's). Do these telephones need to be
modified?

Solution; Yes. The Rule specifically provides that "grandfathering" applies only to
alterations of individual elements and spaces and only to the extent that provisions
covering those elements or spaces are found in UFAS or ANSI A117.1 - 1980.
Thus, even though the telephones were installed in 1989 and complied with UFAS
there were no text telephones installed. The new ADAAG standard (4.31 Text
Telephones) requires text telephones and thus the telephones must be modified to
comply with the ADAAG standard. (37.9, p.45625, p. 45735)

4-2-27

Slide Problem: Text telephones are required at the key stations operated throughout the
20 service area because telephones complying with UFAS were recently installed

throughout the system. What standards should be provided so that text telephones

that are installed will meet ADA requirements?

Solution: ADAAG 4.31.9 Text Telephone applies, which is summarized as follows:
(1) Text telephones used with a pay telephone shall be permanently affixed within,
or adjacent to, the telephone enclosure. If an acoustic coupler is used, the
telephone cord shall be sufficiently long to allow connection of iht text telephone
and the telephone receiver. (2) Pay telephones designed to accommodate a
portable text telephone shall be equipped with a shelf and an electrical outlet within
or adjacent to the telephone enclosure. The telephone handset shall be capable of
being placed flush on the surface of the shelf. The shelf shall be capable of
accommodating a text telephone and shall have 6 in (152 mm) minimum vertical
clearance in the area where the text telephone is to be placed. (3) Equivalent
facilitation may be provided. For example, the transit operator may make a portable
text telephone available at the information kiosk if equivalent service is provided.
That is, if entrance A would be required to have a text telephone, the portable unit
must be at the kiosk for entrance A, not entrance B. Moreover, the portable unit
must be available during the same times that public pay telephones are available to
the general public.

4-2-28

n Fare Collection/Ticketing Areas

Problem; In designing the fare collection system for new light rail, rapid rail and
commuter rail systems, the question has been asked ~ Can a special flash pass card
be sold to people with disabilities so they can go through a simple swinging gate and
won't have to deal with the automatic fare machines and fare gates?

Solution: Automatic fare vending, collection and adjustment (e.g., add fare) systems
shall comply with ADAAG 4.34.2, 4.34.3, and 4.34.4. At each accessible entrance,
such devices shall be located on an accessible route.

Problem; ADAAG 4.34 Automatic Teller Machines is a new standard which was
not included in UFAS. Does this mean that the requirements of this new standard
apply to existing facilities?

Solution; Existing Facilities: Key Stations (ADAAG 10.3.2) requires at least one
accessible route from an accessible entrance to those areas necessary for use of the
transportation system. The accessible route is required to have automatic fare
vending, collection and adjustment systems which comply with ADAAG 4.34.2,
4.34.3, and 4.34.4 if this system is provided to the general public.

4-2-29

Problem: Since ADAAG 4.34 is required both on new construction and at one
entrance on an accessible route at key stations on existing systems, what are the
specifics of the required sections?

Solution: Each section (e.g., 4.34.2, .3 and .4) will be addressed. It should be noted
that other standards are referenced in these specific sections which make the
understanding of the entire requirement more complex than it first appears. The
following design parameters will be addressed: (1) Clear Floor Space, (2) Reach
Range, (3) Controls and Operating Mechanisms, and (4) Operating Instructions.

Clear Floor Space: Free-standing or built-in units not having a clear space
under them shall have a clear floorspace of 30 in (760 mm) by 48 in (1220
mm) that allows a forward or a parallel approach by a person in a
wheelchair. One full unobstructed side of the clear floor space for a
Slide 21 wheelchair shall adjoin or overlap an accessible route or adjoin another

Handout wheelchair clear floor space area. If one half or more of a forward approach
clear floor space area is confined on three sides, an additional 6 in (150 mm)
shall be added to the 30 in (760 mm) clear floor space width. If one half or
more of a parallel approach clear floor space area is confined on three sides,
an additional 12 in (305 mm) shall be added to the 48 in (1220 mm) clear
floor space length. [4.34.3, 4.27.2, 4.2.4]

Slide 22 Reach Range: Controls, slots and dispensers required to operate the

Handout equipment shall be between 15 in (380 mm) and 48 in (1220 mm) from the
floor when the equipment is positioned for a forward approach and between
9 in (230 mm) and 54 in (1370 mm) when the equipment is positioned for a
parallel approach. [4.27.3, 4.2.5, 4.2.6]

Controls and Operating Mechanisms: Controls and operating mechanisms
shall be operable with one hand and shall not require tight grasping,
pinching, or twisting of the wrist. The force required to activate controls
shall be no greater than 5 Ibf (22.2N). [4.34.2, 4.27.4]

Operating Instructions: Instructions and all information for use shall be
made accessible to and independently usable by persons with vision
impairments. [4.34.3] Note: Auditory output of digital displays is one way
to provide some of the necessary information but is not required.

Problem: ADAAG 4.34 addresses the requirements of an automatic fare vending,
collection and adjustment system.. What if a system sells fare media at a booth and
the fare media is used to gain access to the system?

Solution: If self-service collection devices which accept the fare media are provided
for the use of the general public, at least one accessible device for entering, and at
least one for exiting, unless one device serves both functions, shall be provided at
each accessible point of entry or exit.

4-2-30

Slide Problem: The fare collection devices are accessible and the fare media must be
23 purchased at booths in stations. What are the requirements that apply to the fare
media sales booth?

Solution: Where provided, ticketing areas shall permit persons with disabilities to
obtain a ticket and shall comply with ADAAG 7.2 Sales and Service Counters,
Teller Windows, Information Counters. [10.3.2(2), 10.3.1(18)] ADAAG 7.2
requires the ticketing area to be on an accessible route, and also requires that a 36
in (915 mm) long section of the main counter used by the general public be at a
maximum height of 36 in (915 mm) from the floor or that an auxiliary counter with
a maximum height of 36 in (915 mm) in close proximity to the main counter be
provided. [7.2(2)]

Problem; The fare collection devices on a specific system are accessible in that the
Slide fare media slot is reachable and easy to use. The gates open automatically when the
24 fare media is inserted. The only problem is that the clear open width of the gate

is only 18 in (455 mm). Is this acceptable?

Solution: Accessible fare collection devices shall have a minimum clear opening of
32 in (815 mm); shall permit passage of a wheelchair; and where provided, coin or
card slots and controls necessary for operation shall comply with the requirements
for Reach Range and Controls and Operating Mechanisms which were presented
in a previous Problem/Solution statement. [10.3.1(7), 4.27]

Problem: The accessible route in an existing station that has been designated as a
key station does not coincide with the route taken by the general public. What
measures must be taken regarding fare collections?

Slide Solution: Where the circulation path used by persons with disabilities does not
25 coincide with that used by the general public, accessible fare collection systems shall
be located at or adjacent to the accessible point of entry or exit. [10.3.1(7)]

4-2-31

Problem: Since the fare gates are not wide enough for a wheelchair and the
requirements call for a 32 in (815 mm) wide gate, the gate array will have to be
modified which will require reducing the total number of gates available to the
general public. At high volume stations, this will adversely affect the flow of patrons
into and out of the station. If the fare media slot in the gate array adjacent to the
emergency access gate is within reach of a person in a wheelchair, can the
emergency gate be used for access to the station?

Slide Solution; Yes, provided the gates which must be pushed open and are used by

26 people in wheelchairs or mobility aids have a smooth continuous surface extending
from 2 in (50 mm) above the floor to 27 in (685 mm) above the floor. This surface
must be flush with the gate frame, not recessed, so that parts of the gate will not
catch on the wheelchair or mobility aid as it passes through. If the gate opens
automatically, the smooth, continuous surface requirement does not apply. The
gates shall also have a clear width of 32 in (815 mm) when the gate is open at 90

Slide degrees. The maximum force for pushing or pulling open a gate shall be 5 Ibf

27 (22.2N). If the gate is equipped with a closer the sweep period of the closer shall
be adjusted so that from an open position of 70 degrees, the gate will take at least
3 seconds to move to a point 3 in (75 mm) from the latch, measured to the leading
edge of the gate. Maneuvering clearances at gates that are not automatic or power-
assisted shall be as shown in the following figure. [4.13]

4-2-32

18 mln, 24 pnftrrtd

rOTE: X « 12 in (305 mm) if door hu both a
doMT and latch.

(•)

Front Approaches — Swinging Doora

54mln

\ — X.

NOTE: X = 36 in (91 5 mm) minimum if y = 60 in
( 1 525 mm); x = 42 in (1 065 mm) minimum if y =
54 in (1370 mm)

NOTE: y = 48 in ( 1 220 mm) minimum if door has
both a latch and closer

(b)

Hinge Side Approaches — Swinging Doors

Pull Side

X
,24 m«

• 10

P \(?

fiOTE; y « 54 in ( 1 370 nf»m) minimum if door has

NOTE: y V 48 in (1220 mm) minimum if door has

NOTE: AJI doors in alcoves shall compty with the clearances for front approaches.

Maneuvering Clearances at Doors

4-2-33

Baggage Check/Claim Areas

Problem; A baggage check/claim area is to be provided when a new wing is added
to a multi-modal terminal. The existing terminal has a baggage area. The terminal
contains intercity, commuter rail, and rapid rail lines. What are the accessibility
requirements for the new area and does the existing baggage area have to be
modified?

Solution; If the existing terminal has been designated a key station, then the
existing baggage check/claim area and the new one must comply with the following
standards. The baggage area must be on an accessible route, and have space
immediately adjacent which complies with all of the ADAAG Space Allowance and
Reach Ranges (ADAAG 4.2). If unattended security barriers are provided, at least
one gate shall be provided which must comply with ADAAG 4.13. If the gate must
be pushed open by wheelchair or mobility aid users, the gate shall have a smooth
continuous surface extending from 2 in (50 mm) above the floor to 27 in (685 mm)
above the floor.

If the station is not a key station, only the new construction must comply.

D Platform

Problem; A new system is under design. The design standards are being reviewed
to ensure they are in compliance with ADAAG. One solution proposed as a cost
savings measure is to make the section of the platform closest to the accessible route
comply with all of the requirements and to leave the remainder of the platform as
previously designed. Is this an acceptable solution?

Solution; No. The standards state that stations shall not be designed or constructed
so as to require persons with disabilities to board or alight from a vehicle at a
location other than one used by the general public.

Problem; The Bus loading platform is designed so buses can use both sides of the
platform. Does the platform have to be a minimum of 84 inches wide (e.g., twice
the width of a bus stop pad)?

Solution; No. When there is space, this would be ideal, but if space is limited,
operational practices may suffice (e.g., buses on either side could have staggered
stops so lifts could be deployed, or if not possible, one bus waits until the other
leaves). [45735]

4-2-34

n Station Identification Signs at Platforms

Problem; Persons with hearing loss cannot hear the train attendant announce the
station stop, and at many stations, the station identification signs are not placed in
a location where they can be seen when sitting on the train.

Solution; On all new rapid rail, light rail, commuter and intercity rail, high speed
rail and other fixed guideway systems and on existing platforms in key stations,
Slide station identification signs shall be placed at frequent intervals and shall be clearly
28 visible from within the vehicle on both sides when not obstructed by another train.
When station identification signs are placed close to vehicle windows on the side
opposite from boarding (e.g., on the wall of a center platform station) each sign
shall have the top of the highest letter or symbol below the top of the vehicle
window and the bottom of the lowest letter or symbol above the horizontal mid-line
of the vehicle window. Station identification signs shall be designed to comply with
the following signage standards.

Character Proportion: Letters and numbers on signs shall have a width-to-
height ratio between 3:5 and 1:1 and a stroke-width-to-height ratio between
1:5 and 1:10.

Character Height: Characters and numbers on signs shall be sized according
to the viewing distance from which they are to be read. The minimum height
is measured using an upper case X. Lower case characters are permitted.
If the height above the finished floor is 80 in (2030 mm), complying with
minimum headroom, the minimum character height shall be 3 in (75 mm).

Finish and Contrast: The characters and background of signs shall be
eggshell, matte, or other non-glare finish. Characters and symbols shall
contrast with their background - either light characters on a dark background
or dark characters on a light background. [10.3.1(5), 10.3.2(2), 4.30.1, 4.30.2,
4.30.3, 4.30.5]

Problem; The station identification signs in the key stations of an existing system
were designed and installed to meet the requirements of UFAS. Do any changes
have to be made to the signs?

Solution; Some requirements for station identification signs on platforms have been
added in the ADAAG standards primarily in terms of location. The existing station
identification signs in the key stations must be surveyed to see if they comply with
the new standards. If the existing signs do not comply with ADAAG, then new
signs must be installed. [10.3.2(2), 37.47, 37.51] If the exiting signs complying with
UFAS are in the right locations (e.g., along platforms, at station entrances, etc.) new
signs would not need to be installed. However, since all new signs and new stations
must comply fully with ADAAG (e.g., character proportion, contrast, etc.), it may
be desirable to change old signs to achieve design consistency.

4-2-35

Destination Signs (Routes and Stations) at Platforms

Problem; There are route maps located at the ticket area showing where a
particular train goes and listing the station stops. When waiting on the platform
there are no signs to inform patrons where the train goes or at which stations the
train will stop.

Solution: Lists of stations, routes or destinations served by the station and located
on boarding areas, platforms or mezzanines, shall be designed to comply with the
Character Proportion, Character Height, and Finish and Contrast specifications
summarized in the Problem/Solution addressing Station Identification Signs at
Platforms. [10.3.1(6), 10.3.2(2), 4.30.1, 4.30.2, 4.30.3, 4.30.5] The requirements
apply to lists of stations, where they are provided, not specifically maps. However,
it is desirable to have at least some maps which comply.

Problem; People who are blind or who have low vision cannot tell what station they
are at when they are on the platform because there are no station identification
signs on the platform that are accessible to them.

Solution; A minimum of one sign which identifies the specific station shall be
Slide placed on each platform or boarding area. To the maximum extent practicable, this
29 sign shall be placed in a uniform location within the transit system. The sign shall

be designed and installed to comply with the following standards.

Raised and Braille Characters and Pictorial Symbol Signs (Pictograms'):
Letters and numerals shall be raised 1/32 in (0.8 mm), upper case, sans serif
or simple serif type and shall be accompanied with Grade 2 Braille. Raised
characters shall be at least 5/8 in (16 mm) high, but no higher than 2 in (50
mm). Pictograms required by this section shall be accompanied by the
equivalent verbal (written) description placed directly below the pictogram.
The border dimension of the pictogram shall be 6 in (152 mm) minimum in
height.

Mounting Location and Height: To the maximum extent practicable, the sign
shall be placed at a uniform location on all platforms within the system. The
location for the sign shall be such that a person may approach within 3 in (76
mm) of the sign without encountering protruding objects or standing within
the swing of a gate or door. Mounting height shall be 60 in (1525 mm)
above the finished floor to the center line of the sign. [10.3.1(6), 10.3.2(2),
4.30.4, 4.30.6]

4-2-36

n Platform Edge (New Construction and Key Stations)

Problem; People who are blind cannot tell when they reach the end of the platform
in a high platform station because there is no curb or detectable warning. As a
result, there is a possibility that they can fall onto the tracks.

Solution: Platform edges bordering a drop-off and not protected by platform
screens or guard rails shall have a detectable warning. The detectable warning shall
Slide be 24 in (610 mm) wide running the full length of the platform drop-off. Detectable
30 warning surface shall consist of raised truncated domes with a diameter of nominal
0.9 in (23 mm), a height of nominal 0.2 in (5 mm) and a center-to-center spacing
of nominal 2.35 in (60 mm). A drawing of an acceptable detectable warning is
shown on the next page. The detectable warning surface shall contrast visually with
adjoining surfaces, either light-on-dark or dark-on-light. The material used to
provide contrast shall be an integral part of the detectable warning material
[10.3.1(8), 4.29.2]

Problem: The detectable surfaces specifications in the ADAAG are very specific,
yet the word "nominal" is used. Is there some latitude in the design of the
detectable warning surface? If so, how much variation is permitted?

Solution: The word nominal was used to show that the 0.9 in (23 mm) diameter,
0.2 in (5 mm) height, and 2.35 in (60 mm) center-to-center spacing could be varied
Slide minimally. For example, if individual tiles or pavers are used, there may be a
31 discrepancy in spacing between domes on adjacent tiles or pavers. This discrepancy
will also depend on grouting or expansion joints between tiles, pavers or material
segments. These discrepancies should be kept to a minimum.

4-2-37

Detectable Warnings

® — @

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^t)

€^

I
2.35'

0.9"Dia.

2.35"

VARIES

$^'-^ — ®

PLAN

2.35'

2.35-

0.9"

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\ZZTo.:

SECTION

4-2-38

□ PlatformA^ehicle Horizontal Gap (New Construction and Key Stations)

Problem: People who use wheelchairs and other mobility aids are afraid to use rail
transportation because the horizontal gap between the vehicle and the platform is
so wide that the front wheels of their mobility aids could get caught in the gap and
possibly overturn. Thus, they must back onto the vehicle which is extremely difficult
for people with serious disabilities because they cannot see where they are backing
and other patrons will not move out of their way.

Solution; On new construction of rapid rail, light rail, commuter rail, high speed

rail and intercity rail stations, the horizontal gap measured when the new vehicle is

Slide at rest shall be no greater than 3 in (76 mm). For slow moving automated guideway

32 systems, the horizontal gap in new stations shall be no greater than 1 in (2.5 mm).

[10.3.1(9)]

In light rail, rapid rail and commuter rail key stations, the horizontal gap measured
when the vehicle is at rest, shall be no greater than 3 in (76 mm) for at least one
door of each vehicle or car required to be accessible. Existing vehicles retrofitted
to meet the requirements of the one-car-per-train rule [37.93] shall be coordinated
with the platform such that, for at least one door, the horizontal gap is no greater
than 4 in (102 mm). [10.3.2(4)]

On new construction and at existing key stations in light rail, intercity rail, and
commuter rail systems where it is not operationally or structurally feasible to meet
the horizontal gap requirements, mini-high platforms, car-borne or platform-
mounted lifts, ramps or bridge plates or similar manually deployed devices shall
suffice. [10.3.1(9), 10.3.2(4)]

4-2-39

n PlatformA^ehicle Vertical DifTerence

Problem: The vertical difference between the floor of the rail car and the platform
boarding surface is often so great that a person in a wheelchair cannot negotiate to
get on or off the train.

Solution; The rail-to-platform height in new stations shall be coordinated with the
floor height of new vehicles so that the vertical difference, measured when the
Slide vehicle is at rest, is within plus or minus 5/8 in (16 mm) under normal passenger
32 load conditions. Existing vehicles operating in new stations may have a vertical
difference between the new platform and the floor of the existing vehicle of plus or
minus 1-1/2 in (38 mm), measured when the vehicle is at rest. [10.3.1(9)]

In light rail, rapid rail and commuter rail key stations, the platform or a portion
thereof and the vehicle floor shall be coordinated so that the vertical difference,
measured when the vehicle is at rest, is within plus or minus 1-1/2 in (38 mm) under
normal passenger load conditions. Existing vehicles retrofitted to meet the
requirements of the one-car-per-train rule shall be coordinated with the platform
such that, for at least one door, the vertical difference between the vehicle floor and
the platform, measured when the vehicle is at rest with 50 percent of normal
passenger capacity, is within plus or minus 2 in (50 mm). [10.3.2(4)]

On new construction and at key stations in light rail, rapid rail, and commuter rail
systems where it is not operationally or structurally feasible to meet the vertical
difference requirements, mini-high platforms, car-borne or platform-mounted lifts,
ramps or bridge plates or similar manually operated devices shall suffice. [10.3.1(9),
10.3.2(4)]

4-2-40

n Track Crossings (New Construction and Key Stations)

Problem; In some outlying stations, it is necessary to cross the tracks to get to the
other platfonn. Many times the walkway across the track is rough and the gap
between the walkway and the rail is so wide it is difficult to traverse with a
wheelchair.

Solution; Where it is necessary to cross tracks to reach boarding platforms, the
route surface shall be level and flush with the top of the rail both at the outer edges
of the rail and between the rails. A maximum 2-1/2 in (64 mm) horizontal gap
between the crossing surface and the inner edge of each rail is allowable. This
horizontal gap permits the passage of the rail car wheel flange. If the walkway
across the tracks is not separated from both platforms by curbs, railing, or other
Slides elements, the boundary between the platform and the walkway crossing the tracks
33,34 shall be defined by a continuous 36 in (915 mm) wide detectable warning. The
detectable warning shall consist of truncated domes with a diameter of nominal 0.9
in (23 mm), a height of nominal 0.2 in (5 m) and a center-to-center spacing of
nominal 2.35 in (60 mm). The detectable surface shall contrast visually with
adjoining surfaces either light-on-dark or dark-on-light.

If a curb separates the platforms and the walkway across the tracks, a curb ramp is
required which must have a detectable warning surface the full width and depth of
the curb ramp that meets the above nominal specifications. The curb ramp
detectable warning shall also contrast visually with the adjoining surfaces. Note:
The detectable warning consisting of a surface with truncated domes does not apply
to the flared sides of the curb ramp. [10.3.1(13), 4.29.5, 4.29.2]

4-2-41

G Maintenance of Accessible Features

Problem; Many of the accessible features are provided but much of the time the
mechanical devices such as elevators are out of order and there are many instances
where the only accessible route is blocked by temporary construction barriers or
service vehicles/carts. Some of the walkways and curb ramps are deteriorated and
in the winter the curb ramps are icy and snow is seldom removed from them.

Solution: To the maximum extent feasible, facilities shall be accessible to and usable
by individuals with disabilities. It is not sufficient to provide accessible features such
as elevators and communications systems for people with vision or hearing
Slide impairments if the features are not maintained in a manner that enables individuals
35 with disabilities to use them. Inoperative elevators, locked accessible doors,
accessible paths of travel that are blocked by equipment or boxes are not accessible
to or usable by individuals with disabilities. Temporary pedestrian passageways and
walkways around construction sites must comply with ADAAG.

Temporary obstructions or isolated instances of mechanical failures are not
considered violations. But repairs must be made "promptly." There are no specific
time limits stated in the rule for repairs to be affected. However, making repairs to
accessible features must be made a high priority.

Accommodations must be made to individuals with disabilities who would otherwise
use an inoperative accessibility feature. For example, if an elevator at a key station
is out of service for repairs, the transit operator must announce the problem
throughout the system to alert the passengers and offer an accessible alternative
such as a shuttle bus to the area served by that station.

4-2-42

EXERCISES

1. If there are four existing entrances to a station that has been determined to be a key
station, how many of the entrances must be made accessible?

(a) At least one entrance

(b) Two entrances

(d) All of the entrances

2. What are the requirements at the entrances that do not have to be made accessible?

(a) Nothing has to be done.

(b) A directional sign which indicates the location of the nearest accessible
entrance must be added.

3. If an escalator is provided, even though it is not considered an accessible element,
what is the desired width?

(a) 24 in (610 mm)

(b) 30 in (760 mm)

4. What is the minimum clear floor area for an elevator that has a door centered on
the car?

(a) 51 in (1291 mm) deep by 80 in (2030 mm) wide

(b) 60 in (1525 mm) deep by 60 in (1525 mm) wide

5. Announcements are made over the PA system at an existing station. This station
has been designated a key station. Does the PA system need to be updated?

(a) No

(b) Yes, a new PA system is required.

(c) The existing PA system if operable could stay. A means of conveying the
same message to persons with hearing loss or who are deaf must be provided.

6. Telephones were installed on the platform of a key rapid rail system in late 1989.
They were installed in full compliance with UFAS. The new ADA specifications
require that a text telephone be installed. Do the existing telephones need to be
changed?

4-243

7. The existing fare gates are 27 in wide and operate automatically. Does this comply
with the ADA standards?

8. When a station identification sign is placed on the wall of the station and the wall
is close to the train, where should the sign be placed in relation to the windows of
the train?

(a) At the top edge of the window.

(b) At the bottom edge of the window.

(d) Between the top of the window and the horizontal centerline of the window.

9. How wide must the detectable platform edge be to comply with the new ADA
standards?

(a) 12 in (300 mm)

(b) 18 in (460 mm)

(d) 30 in (765 mm)

10. On a newly designed system with new rapid rail cars, what is the maximum
acceptable vertical and horizontal gap between the edge of the platform and the rail
car floor?

(a) 5/8 in (16 mm) vertical 1 in (25 mm) horizontal

(b) 5/8 in (16 mm) vertical 2-1/2 in (64 mm) horizontal

4-2-44

UNIT 5-1

ACCESSIBLE ROUTE BETWEEN THE BOARDING

PLATFORM AND THE VEHICLE - BUSESA^ANS

SCOPE

The Department of Transportation rules implementing the vehicle accessibility
requirements of ADA can be found at two levels of detail. The first area which addresses
the more general requirements is 49 CFR Part 37, Subpart D - Acquisition of Accessible
Vehicles by Public Entities and Subpart E - Acquisition of Accessible Vehicles by Private
Entities. The second more specific design criteria is contained in 49 CFR Part 38, ADA
Accessibility Specifications for Transportation Vehicles, Subpart B - Buses, Vans and
Systems and Subpart G - Over-the-Road Buses and Systems.

This unit will address both the general requirements and the more specific design criteria
for these vehicles.

This unit will address the accessible features that are required from the time the vehicle
approaches the stop until the passenger is settled on the vehicle and if appropriate, fuUy
secured on the vehicle. Unless otherwise noted, these requirements apply to vehicles for
which the solicitation closing date was on or after October 7, 1991.

This unit does not address the barriers encountered by individuals in wheelchairs or
mobility aids as they board the bus and get settled into the securement devices. That
portion of the trip for individuals who use wheelchairs and mobility aids is addressed in
Unit 5-4.

5-1-1

DEHNmONS

Slides 1, 2, 3, 4, 5

Bus: Any of several types of self-propelled vehicles, generally rubber-tired, intended for
use on city streets, highways, and busways, including but not limited to minibuses, forty-
and thirty-foot buses, articulated buses, double-deck buses and electrically powered trolley
buses used by public entities to provide designated public transportation service and by
private entities to provide transportation service, including, but not limited to, specific
public transportation service. Self-propelled, rubber-tired vehicles designed to look like
antique or vintage trolleys are considered buses.

New Vehicle: A vehicle (bus) which is offered for sale or lease after manufacture without
any prior use.

Slide 6

Over-the-Road Bus: A bus characterized by an elevated passenger deck located over a
baggage compartment

Remanufactured Vehicle: A vehicle (bus) which has been structurally restored and has had
new or rebuilt major components installed to extend its service life.

Wheelchair: A mobility aid belonging to any class of three- or four-wheeled devices, usable
indoors, designed for and used by individuals with mobility impairments, whether operated
manually or powered. A "common wheelchair" is such a device which does not exceed 30
in (760 mm) in width and 48 in (1220 mm) in length measured 2 in (50 mm) above the
ground and does not weigh more than 600 pounds (270 kg) when occupied.

Equivalent Service Standard: The service available to individuals with disabilities, including
individuals who use wheelchairs that is provided, when viewed in its entirety, in the most
integrated setting appropriate to the needs of the individual and is equivalent to the service
provided other individuals with respect to schedules, headways, response time, fares, service
area, hours and days of service, information availability, reservation capability, constraints
on capacity or service availability, and restrictions or priorities based on trip purpose.
[37.105]

Slides 7, 8

Vehicle Ramp: A sloping surface attached to a vehicle which leads from the ground
surface to the floor of a vehicle.

Slide 9

Vehicle Lift: An apparatus or machine attached to a vehicle which is used to transport an
individual from one level to another.

5-1-2

APPLICABLE STANDARDS

49 OFR 37.71 Purchase and lease of new non-rail vehicles by Public

entities operating fixed route systems.

49 CFR 37.73 Purchase and lease of used non-rail vehicles by public

entities operating fixed route systems.

49 CFR 37.75 Remanufacture of non-rail vehicles and purchase and

lease of remanufactured non-rail vehicles by public
entities operating fixed route systems.

49 CFR 37.77 Purchase or lease of new non-rail vehicles by public

entities operating a demand responsive system for the
general public.

49 CFR 37.101 Purchase and lease of vehicles not primarily engaged in

the business of transporting people.

49 CFR 37.103 Purchase and lease of new non-rail vehicles by private

entities primarily engaged in the business of transporting
people.

49 CFR 37.163 Keeping Vehicle Lifts in Operative Condition: Public

Entities

49 CFR 37.165 Lift and Securement Use

49 CFR 37.167 Other Service Requirements

49 CFR 37.169 Interim Requirements for Over-the-Road Buses

Operated by Private Entities

49 CFR 37.173 Training Requirements

49 CFR 38.23 Mobility Aid Accessibility

49 CFR 38.25 Doors, Steps and Thresholds

49 CFR 38.27 Priority Seating Signs

49 CFR 38.29 Interior Circulation, Handrails and Stanchions

49 CFR 38.31 Lighting

49 CFR 38.33 Fare Box

5-1-3

49 CFR 38.35 Public Information System

49 CFR 38.37 Stop Request

49 CFR 38.39 Destination and Route Signs

38 CFR 38.153 Doors, Steps and Thresholds

38 CFR 38.155 Interior, Circulation, Handrails and Stanchions

38 CFR 38.157 Lighting

5-14

PROBLEMS AND SOLUTIONS

Problems and solutions will be addressed at two levels of detail: (1) General Requirements
and (2) Specific Design Requirements.

Checklist of Problems - General Requirements

n Standards for Accessible Vehicles
n Operation and Maintenance
n Training

D Standards for Accessible Vehicles

Problem: A public entity is preparing to initiate commuter bus service and will use
over-the-road buses. The public entity can either purchase the buses or contract out
the service. What are the accessibility requirements for the over-the-road buses in
both cases? Buses will be acquired in 1993.

Solution; Since commuter bus sendee is fixed route service, the public entity shall
ensure that the over-the-road buses are readily accessible to and usable by
individuals with disabilities, including individuals who use wheelchairs. [37.3, 37.71]

Slide Over-the-road buses purchased by, or provided by a contractor to, a public entity
10 must have a lift or ramp which meets the performance requirements of a regular bus
lift and must meet the specific design requirements for over-the-road buses (e.g..
Doors, Steps, & Thresholds; Interior Circulation, Handrails and Stanchions, and
Lighting). These specific design requirements are addressed in the next part of this
unit [37.7(c)]

5-1-5

Problem: A private entity that provides inter-city service with over-the-road buses,
intends to initiate commuter service to the downtown area from the outlying
suburbs. What are the requirements for vehicle accessibility?

Solution; Boarding assistance is required for over-the-road bus service provided by
private entities. Each private operator may decide what type of boarding assistance
is appropriate for its operation. Even though the preamble to the DOJ Rule for
Title II of ADA contains a discussion on carrying or lifting persons with disabilities,
carrying the person with a disability onto the bus in this case is allowed but should
be avoided. It is required by the DOT Rule that any employee who provides
boarding assistance — above all, who may carry or otherwise directly physically assist
a passenger - must be trained to provide this assistance appropriately and safely.
[37.169]

Operation and Maintenance

Problem; The 40-ft urban bus on a regular fixed route is equipped with a
wheelchair lift but often times, at least once a month, there are several consecutive
days when the lift cannot be deployed. What are the requirements on the public
entity for providing back up service, or for fixing the lift?

Solution; When a lift breaks down while the bus is in service the driver must report
the problem by the most immediate means available. If a radio is on the bus, the
driver must call in the problem. If there us no radio the driver must make a phone
call at the first opportunity. It is not sufficient to wait until the end of the day.

If the headways on the route exceed 30 minutes, the public entity must
accommodate the passenger who requires a lift This accommodation could be by
a paratransit vehicle or another lift equipped bus.

If the lift is known to be inoperable, the public entity must take the bus out of
service before the beginning of the next day and repair the hft before the vehicle is
put back into service. There are exceptions to this requirement which are
summarized as follows:

If there is no spare bus (with or without a lift) available to take the place of
the bus with the broken lift, then the bus with the broken lift may be placed
back into service the next day. If the public entity's service area has a
population over 50,000, the bus with a broken lift can be kept in service a
maximum of three days. If the public entity's service area has a population
less than 50,000 the bus with the broken lift can be kept in service for a
maximum of five days until the lift is repaired. [37.163]

5-1-6

Problem; Many of the buses throughout the service area have inoperable lifts. Is
there a requirement for preventive maintenance on the lifts so the lifts can be made
more reliable?

Slide Solution; The DOT Rule requires the public entity to establish a system of regular
11 and frequent maintenance checks of lifts sufficient to determine if they are
operative. This does not mean that the public entity must check each lift operation
daily. If alternate day checks or an alternate means of checking to see if the lift is
operable can be implemented this is acceptable. It is a violation of the Rule if the
public entity neglects to check lifts regularly and frequently. It is also a violation of
the Rule if a pattern of lift breakdowns in service occurs which results in stranded
passengers. [37.163]

Problem; The bus operator refuses to assist persons in wheelchairs. He does deploy
the lift but he will not help the passenger with a disability get on the lift or help him
get secured on the vehicle. The operator has stated that his union contract does not
allow him to leave his seat This type of interaction does not seem to be in the
spirit of the ADA legislation.

Solution; Both public and private entity employers have an obligation to ensure that
a passenger with a disability is able to take advantage of the accessibility and safety
features on vehicles. Consequently the operator must deploy the lift properly and
safely and if the passenger cannot board the bus and use the securement device on
his own, the operator must assist him. Even in public and private entities whose
operators do not traditionally leave their seats because of labor-management
agreements or company rules, this assistance must be provided. The DOT Rule
overrides any requirements to the contrary. [37.165]

Problem; A person with a disability, using a cane, asked the operator to deploy the
lift because she could not step up onto the first step on the bus. The operator
refused to deploy the lift and the person was unable to board the bus. Does the
DOT Rule address this problem?

Solution; Yes. People using canes or walkers and other standees with disabilities
who do not use wheelchairs but have difficulty using steps must be permitted to use
the lift, on request [37.165]

5-1-7

Problem; When waiting at the bus platform of a busy bus terminal it is difficult for
people who have vision impairments to know which route the bus serves as it pulls
up to the stop.

Solution; When buses from more than one route serve a given stop, public and
private entities must provide a means to assist an individual with a visual impairment
or other disability in determining which is the proper bus to enter. Some acceptable
means are external speakers. Colored mitts or numbered cards can be held by the
disabled person to show the driver which route they want. [37.167]

Problem; On a recent trip to town during midday, there was a person sitting in the
priority seating that had a pet monkey sitting next to her. An elderly person was
forced to walk further from the aisle to find a seat. Shouldn't the driver object to
having people with pets on the bus and especially when they occupy the priority
seat?

Solution; The person in the priority seat could have been disabled. One of the
most common misconceptions about service animals is that a service animal is always
a guide dog used by persons with visual impairments. Other animals such as
monkeys have been trained and are used to assist not only blind people but persons
with other disabilities as well. [37.167]

Problem; Recently a driver refused to deploy the lift at a stop to let a person in a
wheelchair off of the bus. The driver told the person that the stop would not
accommodate the lift and that he could get off at the next appropriate stop.

Solution; It is inconsistent with the DOT Rule for a transit provider (public or
private) to refuse to let a passenger use a lift at a designated bus stop, unless the lift
is physically unable to deploy or the lift would be damaged if it were deployed. If
there were a temporary situation at the bus stop such as an accident, parked car
blocking the accessible area of the stop or some construction that would be
hazardous for any passenger to use the stop, the operator was correct in refusing to
deploy the lift. [37.167]

Problem; A commuter bus must go through an underwater tunnel on its route to
the downtown area. A person in a wheelchair that required breathing assistance
from a portable medical oxygen supply tried to board the bus. The operator told
the person with the disability that she could not ride the bus because the route
(tunnel) taken by the bus prohibited pressurized containers.

Solution; The DOT Hazardous Materials Rules allow a passenger to bring a
portable medical oxygen supply on board a vehicle. Since the hazardous rule
permits it, the transit provider ^public or private) cannot prohibit it. [ 37.167]

5-1-8

Training

Problem; Even though all of the buses are equipped with lifts and, generally
speaking, the lifts work the majority of the time, the drivers are very rude when they
have to engage the lift and many of them are extremely rough when they help
people in wheelchairs to board the bus.

Solution: Each public and private entity which operates a fixed route or demand
responsive system shall ensure that personnel are trained to proficiency as
appropriate to their duties. This means the drivers must be trained so that they
operate vehicles and equipment safely and properly assist and treat individuals with
disabilities who use the service in a respectful and courteous way with appropriate
attention to the difference among individuals with disabilities. [37.173]

Problem; A new driver was assigned to a route where several people with
disabilities normally catch the bus. When the driver stopped at the bus stop where
the person in the wheelchair boards, he did not pull close enough to the curb. The
person in the wheelchair told him that the lift would not reach the bus stop pad but
the driver engaged the lift anyway. It took over ten minutes for the driver to load
and secure the person in the wheelchair. With the normal driver it only takes
about three or four minutes. This is not fair to the other passengers on the bus and
most of the delay was due to the driver's poor training. Shouldn't training be
required so the driver knows how to operate the lift properly?

Solution; Yes. The Rule requires all public and private entities operating fixed
route and demand responsive service to ensure that all personnel are trained to
proficiency as appropriate to their duties. [37.173]

5-1-9

Checklist of Problems - Specific Design Requirements

□ Bus Stops and Bus Terminal Platforms

□ Vehicle Destination and Route Signs
n Doors

n Steps, Thresholds and Aisles

D Lighting

n Fare Box

n Handrails and Stanchions

n Priority Seating Signs

□ Securement Area

D Bus Stops and Bus Terminal Platforms

Problem; The interface between the bus stop pad or platform and the lift or ramp
is critical to accessing the lift or ramp.

Solution; The specific design requirements and location and placement
requirements for bus stop pads and platforms are presented in Unit 3-1 of this
document. In general, bus stop pads or platforms built by or on behalf of the transit j

entity shall be a level, firm, stable surface with a minimum clear length of 96 in
(2440 mm) measured from the curb or vehicle roadway edge and a minimum clear
width of 60 in (1525 mm) measured parallel to the vehicle roadway, to the maximum %

extent allowed by legal or site constraints. Such pads shall be connected to streets,
sidewalks, or pedestrian paths by an accessible route. [10.2.1]

5-1-10

G Vehicle Destination and Route Signs

Problem; The signs over the front of the bus and over the side door of the bus are
difficult to read because the letters are not bold enough.

Slide Solution; Where destination or route information is displayed on the exterior of a
12 bus (excluding over-the-road buses) each bus shall have illuminated signs on the
front and boarding side of the bus. Characters on the signs shall have a width-to-
height ratio between 3:5 and 1:1 and a stroke width-to-height ratio between 1:5 and
1:10 with a minimum character height (using an upper case X) of 1 in (25 mm) for
signs on the boarding side of the bus and a minimum character height of 2 in (50
mm) for front "headsigns." Characters shall have wide spacing (generally the space
between letters shall be 1/16 the height of upper case letters). Characters shall
contrast with the background, either dark-on-light or light-on-dark. [38.39]

5-Ml

n Doors

Problem: When a lift is put on a transit bus shouldn't the operator of the lift take
into effect the height of the bus doorway? It seems like the door height could be
a problem once the lift is at the bus floor level. Do the DOT vehicle specifications
require a certain doorway height? If so, what is it?

Slide Solution: Buses longer than 22 ft (6.7 m) shall have an overhead clearance between
13 the top of the door opening and the platform (floor) of the raised lift of 68 in (1725
mm). Note: Where the lift is the "elevator" type in which a standee is positioned
fully inside the vehicle during lift operation, the door height requirement does not
apply by virtue of a determination of "equivalent facilitation." If a ramp is used the
clearance between the top of the door opening to the highest point on the ramp
shall be 68 in (1725 mm). Note that there is no standard for the clear opening
width of a transit bus because when the bus is equipped with a lift, the lift platform
width dictates the door width.

Buses 22 ft (6.7 m) long and shorter shall have an overhead clearance between the
top of the door opening and the platform (floor) of the raised lift of 56 in (1420
mm). If a ramp is used the clearance between the top of the door opening to the
highest point on the ramp shall be no less than 56 in (1420 mm). Note that there
is no standard for the clear opening width of a transit bus because when the bus is
equipped with a lift, the lift platform width dictates the door width. [38.25(c)]

Problem; Some of the doors on over-the-road buses seem very narrow, especially
when the handrails are installed. It is very difficult to negotiate the width of the
doorway if baggage is being carried on by persons with walking disabilities.

Solution; Doors on over-the-road buses shall have a minimum clear width of 30 in
(760 mm) when they are open, but in no case shall they be less than 27 in (685 mm).
[38.155(c)]

5-1-12

n Steps, Thresholds and Aisles

Problem; When it rains and snows the steps and aisle ways in the bus get wet and
some of the smooth surfaces on the floor of the bus become quite slippery.

Solution; All aisles, steps and floor areas where people walk and the floors in the
wheelchair securement areas shall have slip-resistant surfaces on regular and over-
the-road buses. [38.25(a), 38.153(a)]

Problem; In developing a specification for a new bus procurement, what standard
should be used to ensure that the floor area and steps are provided with the
mandated "slip resistant" surface?

Solution; The coefficient of friction can be used to measure slip resistance. The
coefficient of friction is the ratio between the force necessary to move one surface
over another surface and the pressure between the two surfaces. For example, the
coefficient of friction for cast iron on oak is 38:100 or 0.38. A research project
conducted with persons with disabilities concluded that a static coefficient of friction
of 0.60 was appropriate for steps, floors and lift platforms and a coefficient of
friction of 0.80 was desirable for ramps.

Problem; It is difficult for people with vision impairments to distinguish when they
are at the edge of the step.

Slides Solution; All step edges, thresholds and the boarding edges of ramps and lift
14, 15 platforms shall have a band of color(s) running the full width of the step or edge.

The color shall contrast from the step tread and riser, or the lift platform or ramp

surface either dark-on-light or light-on-dark.

The material used should contrast by at least 70%. Percent contrast is determined
by the following equation:

B, -B,

Contrast = — x 100

where B^ is the Light Reflectance Value of the lighter area and Bj is the Light
Reflectance Value of the darker area. Note that in any application both white and
black are never absolute: thus Bj never equals 100 and Bjis always greater than zero.
[38.25(6), 38.153(b), Appendix Part 38]

5-1-13

n Lighting

Problem; When boarding and alighting the over-the-road bus that is used on the
route between the outer suburbs and the city, and also when boarding and alighting
the local transit bus that is used within the city, it is difficult to see in the area
immediately outside of the front and rear doors when there is no street light located
at the bus stop. One bus that was used had a light on the outside of the bus which
helped to illuminate the boarding area and made it easier to see where the curb was
located in relation to the steps.

Slide Solution; The doorways of over-the-road buses and standard transit buses including

16 doorways in which lifts or ramps are installed shall have outside light(s) which, when

the doors are open, provide at least 1 foot-candle (11 lux) of illumination on the

street or sidewalk surface, for a distance of 36 in (915 mm) measured perpendicular

from all points along the outer edge of the bottom step tread.

This standard applies to both of the doors on transit buses and to the door on over-
the-road buses. [38.31(c), 38.157(b)]

Problem; Even though the ground surface outside of the door of the bus is lighted
when the doors are open, some of the treads of the steps on the transit buses and
over-the-road buses appear to be quite dark.

Slides Solution; Any stepwell or doorway immediately adjacent to the driver (on transit
17, 18 buses and over-the-road buses) shall have, when the door is open, at least 2 foot
19 candles (22 lux) of illumination measured on the step tread or on the lift platform.
On transit buses, at all other doorways (including doorways where lifts or ramps are
installed) the stepwell or doorway shall have, at all times, at least 2 foot-candles (22
lux) of illumination measured on the step tread at the vehicle floor level. When the
lift or ramp is deployed, the illumination level at the vehicular floor level shall be
2 foot-candles (22 lux). [38.31(a)(b), 38.157(a)]

5-1-14

n Fare Box

Problem; When boarding the bus, it is difficult to maneuver past the fare box,
especially since the transit authority installed the new fare boxes. Apparently, there
is no standard for clear width of aisle space in the vicinity of the fare box. If the
fare box were moved slightly forward in conjunction with a minor modification to
the pole across the aisle, there would be enough room.

Slides Solution: When a fare box is provided, it shall be located as far forward as

20, 21 practicable and shall not obstruct traffic in the vestibule, especially wheelchair or

22 mobility aids. The stanchion immediately behind the driver shall either terminate

at the lower edge of the aisle-facing seat or be "dog-legged" out of the aisle

maneuvering space.

The standard, as written, does not require a specific clear width for the vestibule
area, but since the standard prohibits the obstruction to a wheelchair, it can be
assumed that the clear width should comply with the minimum clear width for a
doorway which is 32 in (815 mm). [38.33]

Although the DOT Rule does not prescribe the reach limitations for a fare box,
some general guidance may be used from ADAAG 4.2 Space Allowance and Reach
Ranges. If the vestibule area of the bus allows a forward approach by a person in
a wheelchair, the fare box controls and money slot should be between 15 in (380
mm) and 48 in (1220 mm) from the vestibule floor. If the vestibule area of the bus
allows a side or parallel approach by a person in a wheelchair, the fare box controls
and money slot should be between 9 in (230 nmi) and 54 in (1370 mm) from the
vestibule floor.

5-1-15

n Handrails and Stanchions

Problem; When boarding the transit bus and the over-the-road bus it is difficult to
reach up and grasp the rail as you negotiate the first step.

Slide Solution; Handrails and stanchions shall be provided in the entrance to transit
23 buses and over-the-road buses in a configuration which allows persons with
disabilities to grasp such assists fi-om outside of the vehicle while starting to board,
and to continue using such assists throughout the boarding process, and throughout
the fare collection process where fares are collected. [38.29(b), 38.155(a)]

Problem; Placement of stanchions and handrails around the vestibule area of the
bus, in the doorway/stepwell area and along the aisles sometimes causes those spaces
to be very difficult to negotiate in a wheelchair. Are there any specific guidelines
in the DOT Rule which set the requirements for clear widths and clear floor space?

Slide Solution; On transit buses, interior handrails and stanchions shall permit sufficient
24 turning and maneuvering space for wheelchairs and other mobility aids to reach a
securement location from the lift or ramp. Securement area clear floor space
dimensions are specified in the DOT Rule. The DOT vehicle specifications do not
specifically prescribe the minimum dimensions for the vestibule or aisles. Even
though there are no specific requirements, ADAAG should be used for guidance.
The following guidance is provided.

Door clear width: ADAAG 4.13 Doors - Doorways shall have a minimum
clear opening of 32 in (815 mm) with the door open 90 degrees, measured
between the face of the door and the opposite stop.

Vestibule area: ADAAG 4.2 Space Allowance and Reach Ranges - The
space required for a wheelchair to make a 180 degree turn is a clear space
of 60 in (1525 mm) in diameter or an L-shaped space with 36 in (915 mm)
aisle ways.

Aisle widths: ADAAG 4.2 Space Allowance and Reach Ranges - The
minimum clear width for single wheelchair passage shall be 32 in (815 mm)
at a point and 36 in (915 mm) continuously.

Securement area: ADAAG 4.2 Space Allowance and Reach Ranges - The
minimum clear floor area required to accommodate a single stationary
wheelchair and occupant is 30 in (760 mm) by 48 in (1220 mm).
[38.23(d)(2)]

5-1-16

Problem; When paying the fare, there is nothing stable to lean against or hold onto
as you pay. Sometimes the driver starts moving the bus while people are still paying
the fare and they must hold on to the stanchions across the aisle from the fare box.
A person with a walking disability finds that difficult.

Slide Solution; On transit buses longer than 22 ft (6.7 m) and on over-the-road buses
25 where on-board fare collection devices are used, a horizontal passenger assist
(handrail, grab bar or other appropriate surface) shall be located across the front
of the vehicle between boarding passengers and the fare collection device to prevent
passengers from sustaining injuries on the fare collection device or the bus
windshield in the event of a sudden deceleration. This horizontal passenger assist
must not restrict the vestibule space and must provide support for the boarding
passenger from the doorway through the boarding process. The passenger assist
shall be secured and designed such that passengers are able to lean against the assist
for security while paying fares. [38.29(b), 38.155(a)]

Problem; Some of the handrails are so close to the surface they are attached to that
it is difficult to get your fingers between the handrail and the adjacent surface. Is
there a specific offset that is required when mounting handrails?

Slides Solution; Handrails used on transit buses and over-the-road buses shall have a grab
26, 27 bar with a cross-sectional diameter between 1-1/4 in (32 mm) and 1-1/2 in (38 mm)
or shall provide an equivalent grasping surface. Edges on the handrail shall be
rounded and have a minimum radius of 1/8 in (3.2 mm). All handrails shall be
placed and mounted so that there is a minimum 1-1/2 in (38 mm) space between the
grasping surface and the adjacent surface. [38.29(b), 38.155(a)]

Problem; Once the wheelchair lift has raised the wheelchair to the same level as the
bus aisle floor, the individual in the wheelchair must negotiate through the fare
box/driver vestibule area to the securement area. The placement of the vertical
stanchions is critical because the footrest of the wheelchair can hit the stanchion as
the turning movement is made if there is not enough clear floor space to maneuver
the wheelchair around the comer.

Solution; For vehicles in excess of 22 ft (6.70 m) in length with front-door lifts or
ramps, vertical stanchions immediately behind the driver shall either terminate at the
lower edge of the aisle-facing seats, if applicable, or be "dog-legged" so that the floor
attachment does not impede or interfere with wheelchair footrests. If the driver seat
platform must be passed by a wheelchair or mobility aid user entering the vehicle,
the platform, to the maximum extent practicable, shall not extend into the aisle or
vestibule beyond the wheel housing. [38.29(e)]

5-1-17

Problem: When the individual in the wheelchair moves from the lift platform
through the vestibule area and down the aisle and into the securement area, it is
important that there are no overhead objects that could obstruct this path of travel.
How much distance should there be between the floor and the overhead handrails
to ensure that individuals in wheelchairs have sufficient headroom to move from the
ramp platform to the securement area?

Solution: For vehicles in excess of 22 ft (6.70 m) in length, the minimum interior
height along the path from the lift to the securement location shall be 68 in (1730
mm). For vehicles of 22 ft (6.70 m) in length or less, the minimum interior height
from lift to securement location shall be 56 in (1420 mm). [38.29 (f)]

5-1-18

n Priority Seating Signs

Problem; Some transit buses do not have the sign which designates priority seating
for persons with disabilities clearly displayed.

Slide Solution: Each bus shall contain sign(s) which indicate that seats in the front of the

28 vehicle are priority seats for persons with disabilities, and that other passengers

should make such seats available to those who wish to use them. [38.27(a)]

Problem; Generally the seats that are signed for persons with disabilities are the
seats in the front of the bus behind the driver. In most buses when you sit in these
seats you are facing sideways. This is difficult when the bus starts or stops quickly
and it is also difficult to see out of the window to locate where you are.

Solution; At least one set of seats which face forward shall be designated and
signed as priority seats. [38.27(a)]

Problem: The city bus system has the seats on the bus laid out so they all face
toward the center aisle. This makes all of the seats on the bus face sideways. Does
the DOT Rule require that at least one set of forward facing seats applies in this
case?

Solution; Even though the DOT rule does not have an exception listed for the
requirement of one set of forward facing seats [38.27(a)], the technical assistance
manual issued by the Access Board explains that this was not the intent

Problem; The signs which designate priority seating areas and securement areas are
sometimes so small you cannot read them. People with vision impairments that have
to use wheelchairs have a difficult time reading the signs because the characters do
not contrast with the sign background.

Slide Solution: Characters on priority seating signs and securement location signs shall
29 have a width-to-height ratio between 3:5 and 1:1 and a stroke width-to-height ratio
between 1:5 and 1:10. with a minimum character height (using an upper case X) of
5/8 in (16 mm). Wide spacing between the characters shall be used (generally the
space between letters shall be 1/16 the height of the upper case letters). The
characters and sign background shall contrast either light-on-dark or dark-on-light
[38.27(c)]

5-1-19

Securement Area

Problem: Where should the securement area be located? How big must it be to
accommodate one wheelchair? If there isn't enough room, can the securement area
overlap some of the aisle way? How close to some of the other seats can the
wheelchair get?

Solution; The securement area should be located as near to the accessible entrance
as practicable. The area shall have a clear space of 30 in (760 mm) wide by 48 in
(1220 mm) long. The securement area shall adjoin and may overlap an access path
(aisle). Up to 6 in (150 mm) of the 48 in (1220 mm) clear length can extend
underneath a seat or modesty panel provided there is a minimum of 9 in (230 mm)
from the floor to the lowest part of the seat or panel. This 6 in (150 mm) space can
be used to accommodate the footrest of the wheelchair. [38.23(d)(2)]

Problem: When a securement area is provided, it takes seats away from other
passengers when it is not being used.

Solution; The securement areas may have fold-down seats to accommodate other
passengers when a wheelchair or mobility aid is not occupying the space. The fold-
down seats, if provided, must not obstruct the clear floor area 48 in (1220 mm) by
30 in (760 mm) when they are folded up. [38.23(d)(2)]

Problem; How many spaces for a wheelchair are required on a bus? Does the size
of the bus have anything to do with the number of required spaces? If more spaces
can be accommodated by squeezing the wheelchairs in sideways, is it better to have
more spaces even though the person with the disability has to sit sideways when
riding on a bus?

Solution: In vehicles that are longer than 22 ft (6.7 m) at least two securement
areas and devices are required. At least one securement area shall be provided so
that the wheelchair or mobility aid, when secured, is facing toward the front of the
vehicle. If other securement areas are provided, they shall be designed so that the
wheelchair or mobility aid faces either toward the front of the bus or rearward. In
vehicles 22 ft (6.7 m) long or less, the securement area can be designed so that the
wheelchair or mobility aid can face either toward the front or the back of the
busA'an. Sidefacing securement of wheelchairs or mobility aids is prohibited.
[37.239(d)(4)]

5-1-20

Problem; When secured on a bus in a rear facing position, there is concern about
the possibility of whiplash if the bus has to stop quickly. Is there some requirement
for a head rest to provide a safety cushion for the individual's head?

Solution: If the wheelchair or mobility aid faces toward the rear of the busA^an, a
padded barrier shall be provided. The padded barrier shall be located such that it
is centered in back of the secured wheelchair. The padded barrier shall extend from
a height of 38 in (965 mm) to a height of 54 in (1370 mm) from the floor of the
vehicle and shall be 18 in (455 mm) wide. [37.23(d)(4)]

Problem; On many of the transit buses the securement area is taken up by fold-
down seats. Even though the fold-down seats are generally different in appearance
than the regular seats, it is sometimes difficult to know where the securement area
is especially when all of the seats are taken.

Solution; Each securement area or location shall have a sign designating it as such.
[38.27(b)]

5-1-21

EXERCISES

1. What is the minimum acceptable height of a character on the route destination sign
on the side of the bus?

(a) 5/8 in (16 mm)

(b) 1 in (25 mm)

(d) 2 in (50 mm)

2. What is the minimum acceptable height of a character on the route destination sign
on the front of the bus?

(a) 5/8 in (16 mm)

(b) 1 in (25 mm)

(d) 2 in (50 mm)

3. What is the acceptable lift or ramp overhead clearance of the doorway of a bus that
is longer than 22 feet?

(a) 60 in (1525 m)

(b) 68 in (1725 mm)

(d) 80 in (2030 mm)

4. What is the acceptable clear width of the door for a transit bus that is longer than
22 feet?

(a) 27 in (685 mm)

(b) 30 in (760 mm)

(d) There is no ADA standard for door clear widths.

5. What is the maximum diameter of a handrail that will permit a disabled person to
firmly grasp the rail?

(a) 1 in (25 mm)

(b) 1-1/4 in (32 mm)

(d) 2 in (50 mm)

5-1-22

6. What is the minimum interior height along the path of travel from the platform lift
to a securement area on a bus that is longer than 22 feet?

(a) 60 in (1525 m)

(b) 68 in (1725 mm)

(d) 80 in (2030 mm)

7. What is the acceptable height of a character on a priority seating sign?

(a) 5/8 in (16 mm)

(b) 1 in (25 mm)

(d) 2 in (50 mm)

8. How much clear area should there be in the securement area of a transit bus?

(a) 30 in (760 mm) by 48 in (1220 mm)

(b) 32 in (815 mm) by 54 in (1370 mm)

(d) a 60 in (1525 mm) diameter circle

5-1-23

UNIT 5-2

ACCESSIBLE ROUTE BETWEEN THE BOARDING PLATFORM AND THE

VEHICLE - RAIL VEHICLE FROM A LEVEL BOARDING PLATFORM

SCOPE

The Department of Transportation rules implementing the vehicle accessibility
requirements of ADA can be found at two levels of detail. The first area which addresses
the more general requirements is 49 CFR Part 37, Subpart D - Acquisition of Accessible
Vehicles by Public Entities and Subpart E - Acquisition of Accessible Vehicles by Private
Entities. The second more specific design criteria is contained in 49 CFR Part 38, ADA
Accessibility Specifications for Transportation Vehicles, Subpart C - Rapid Rail Vehicles
and Systems, Subpart D - Light Rail Vehicles and Systems, Subpart E - Commuter Rail
Cars and Systems, and Subpart F - Intercity Rail Cars and Systems.

All new, used and remanufactured rapid rail and light rail vehicles, commuter rail and
intercity rail cars that were purchased or leased after August 25, 1990 by a public entity,
commuter rail authority or Amtrak must be readily accessible to and usable by individuals
with disabilities, including individuals who use wheelchairs. Those for which a solicitation
closed on or after October 7, 1991, must comply with the Part 38 standards discussed in this
unit

TWs unit addresses the elements that must be accessible to permit persons with disabilities
to determine the route of a specific train, to safely locate the accessible vehicle or car, to
determine which door is accessible and board the vehicle or car that is serving the desired
route from a level boarding platform before the doors close.

5-2-1

DEnNITIONS

Slide 1

Commuter Rail Car: A rail passenger car obtained by a commuter authority for use in
commuter rail transportation.

Slide 2

Intercity Rail Passenger Car: A rail car, intended for use by revenue passengers, obtained
by the National Railroad Passenger Corporation (Amtrak) for use in intercity rail
transportation.

Slides

Light Rail: A streetcar-type vehicle operated on city streets, semi-exclusive rights of way,
or exclusive rights of way. Service may be provided by step-entry vehicles or by level
boarding.

Slide 4

Rapid Rail: A subway-type transit vehicle railway operated on exclusive private rights of
way with high level platform stations. Rapid rail also may operate on elevated or at grade
level track separated from other traffic.

New Vehicle: A vehicle which is offered for sale or lease after manufacture without any
prior use.

Used Vehicle: A vehicle with prior use.

Slide 5

Remanufactured Vehicle: A vehicle which has been structurally restored and has had new
or rebuilt major components installed to extend its service life.

Retrofitted Vehicle: A vehicle that has been modified to the extent necessary to comply
with the specific accessibility standards required by the One Car Per Train Rule.

Automated Guideway Transit System (AGT): A fixed guideway transit system which
operates with automated (driverless) individual vehicles or multi-car trains. Service may
be on a fixed schedule or in response to a passenger-activated call button.

High Speed Rail: A rail service having the characteristics of intercity rail service which
operates primarily on a dedicated guideway or track not used, for the most part, by freight,
including, but not limited to, trains on welded rail, magnetically levitated (maglev) vehicles
on a special guideway, or other advanced technology vehicles, designed to travel at speeds
in excess of those possible on other types of railroads.

5-2-2

APPLICABLE STANDARDS

49 CFR 37.79

49 CFR 37.81

49 CFR 37.83

49 CFR 37.85

49 CFR 37.87

49 CFR 37.89

49 CFR 37.93

49 CFR 37.101

49 CFR 37.107

49 CFR 38

Subpart C

49 CFR 38

Subpart D

49 CFR

Subpart E

49 CFR

Subpart F

Purchase or lease of new rail vehicles by public entities
operating rapid or light rail systems.

Purchase or lease of used rail vehicles by public entities
operating rapid or light rail systems.

Remanufacture of rail vehicles and purchase or lease of
remanufactured rail vehicles by public entities operating
rapid or light rail systems.

Purchase or lease of new intercity and commuter rail

Purchase or lease of used intercity and commuter rail
cars.

Remanufacture of intercity and commuter rail cars and
purchase and lease of remanufactured intercity and
commuter rail cars.

One car per train rule.

Purchase or lease of vehicles by private entities not
primarily engaged in the business of transporting
people.

Acquisition of passenger rail cars by private entities
primarily engaged in the business of transporting
people.

Rapid Rail Vehicles and Systems

Light Rail Vehicles and Systems

Commuter Rail Cars and Systems

Intercity Rail Cars and Systems

5-2-3

PROBLEMS AND SOLUTIONS

Accessibility from the level (high or mini-high) boarding platform to rapid rail and light rail
vehicles and commuter rail and intercity rail cars will be addressed at two levels of detail:
(1) General requirements and (2) Specific design requirements.

Checklist of Problems - General Requirements

n Accessibility of New and Used Rapid Rail and Light Rail Vehicles

n Accessibility of Remanufactured Rapid Rail and Light Rail Vehicles

n Accessibility of New and Used Commuter Rail and Intercity Rail Cars

n Accessibility of Remanufactured Commuter Rail and Intercity Rail Cars

D One Car Per Train Rule

5-2-4

Accessibility of New and Used Rapid Rail and Light Rail Vehicles

Problem; A city has a system which uses light rail and rapid rail vehicles. The
existing vehicles are not fully accessible. A procurement is underway to order used
light rail vehicles and new rapid rail vehicles. Do these vehicles have to be
accessible?

Solution; Each public entity operating a rapid or light rail system making a
solicitation after October 7, 1991 to purchase or lease a used or new rapid or light
rail vehicle for use on the system shall ensure that the vehicle is readily accessible
to and usable by individuals with disabilities, including individuals who use
wheelchairs, and complies with the standards in 49 CFR Part 38.

A public entity may purchase or lease a used rapid or light rail vehicle that is not
readily accessible after making demonstrated good faith efforts to obtain an
accessible vehicle. [37.79, 37.81]

Problem; What are the good faith efforts that must be made when trying to
purchase a readily accessible used light or rapid rail vehicle? How does the public
entity document the good faith efforts?

Solution; Good faith efforts shall include at least the following steps:

(1) The initial solicitation for the used vehicles published by the public entity
must specify that all used vehicles were to be accessible to and usable by
individuals with disabilities, or, if a solicitation is not used, a documented
communication so stating;

(2) A nationwide search for accessible vehicles, involving specific inquiries
to manufacturers and other transit providers; and

(3) Advertising in trade publications and contacting trade associations.
[37.81(c)]

Each public entity purchasing or leasing used rapid or light rail vehicles that are not
readily accessible to and usable by individuals with disabilities shall retain
documentation of the specific good faith efforts it made for three years from the
date the vehicles were purchased. These records shall be made available, on
request, to the FTA Administrator and the public. [37.81(d)]

5-2-5

Accessibility of Remanufactured Rapid and Light Rail Vehicles

Problem; A transit authority plans to remanufacture some of its rapid rail vehicles
and purchase some remanufactured light rail vehicles. Do the rapid rail and light
rail vehicles have to meet the vehicle accessibility specifications?

Solution; Yes, if a light or rapid rail vehicle is remanufactured after August 25,
1990, so as to extend its useful life for five years or more, it shall, to the maximum
extent feasible be readily accessible to and usable to individuals with disabilities,
including individuals who use wheelchairs. [37.83]

It shall be considered feasible to remanufacture a rapid or light rail vehicle so as to
be readily accessible to and usable by individuals with disabilities, including
individuals who use wheelchairs, unless an engineering analysis demonstrates that
doing so would have a significant adverse effect on the structural integrity of the
vehicle. [37.83(c)]

Problem; One of the light rail lines and one of the rapid rail lines on a particular
system is included on the National Register of Historic Places. The vehicles
operated on the lines are considered historic. The vehicles are scheduled to be
remanufactured so that the service life can be extended for another seven years. Do
these "historic vehicles" have to be made accessible?

Solution; If a public entity operates a rapid or light rail system any segment of
which is included on the National Register of Historic Places and if making a rapid
or light rail vehicle of historic character used solely on such segment readily
accessible to and usable by individuals with disabilities would significantly alter the
historic character of such vehicles, the public entity need only make (or purchase or
lease a remanufactured vehicle with) those modifications that do not alter the
historic character of such vehicles. [37.83(d)]

A public entity operating a fixed route system as described above may apply in
writing to the FTA Administrator for a determination of the historic character of
the vehicle. The FTA Administrator shall refer such requests to the National
Register of Historic Places and shall rely on its advice in making a determination of
the historic character of the vehicle. [37.83(e)]

Note: The regulation specifically states that the exception applies to rail vehicles
operated solely on a rail segment which is on the National Register. A historic
vehicle operated on other lines, for promotional purposes, for example, is not
covered by the exception.

5-2-6

G Accessibility of Remanufactured Rapid and Light Rail Vehicles

Problem: A transit authority plans to remanufacture some of its rapid rail vehicles
and purchase some remanufactured light rail vehicles. Do the rapid rail and light
rail vehicles have to meet the vehicle accessibility specifications?

Problem: One of the light rail lines and one of the rapid rail lines on a particular
system is included on the National Register of Historic Places. The vehicles
operated on the lines are considered historic. The vehicles are scheduled to be
remanufactured so that the service life can be extended for another seven years. Do
these "historic vehicles" have to be made accessible?

Solution: If a public entity operates a rapid or light rail system any segment of
which is included on the National Register of Historic Places and if making a rapid
or light rail vehicle of historic character used solely on such segment readily
accessible to and usable by individuals with disabilities would significantly alter the
historic character of such vehicles, the public entity need only make (or purchase or
lease a remanufactured vehicle with) those modifications that do not alter the
historic character of such vehicles. [37.83(d)]

5-2-6

n Accessibility of New and Used Commuter and Intercity Rail Cars

Problem; Do new commuter and intercity rail cars have to be accessible?

Solution; Amtralc or a commuter authority maldng a solicitation after October 6,
1991, to purchase or lease a new intercity or commuter rail car for use on the system
shall ensure that the vehicle is readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs and complies with 49 CFR
Part 38. [37.85,37.87]

Problem; If a public entity purchases used intercity or commuter rail cars, do they
have to be accessible?

Solution; Amtrak or a commuter authority purchasing or leasing a used intercity
or commuter rail car shall ensure that the car is readily accessible to and usable by
individuals with disabilities, including individuals who use wheelchairs.

Amtrak or a commuter authority may purchase or lease a used intercity or
commuter rail car that is not readily accessible to and usable by individuals with
disabilities if, after making demonstrated good faith efforts to obtain an accessible
vehicle, it is unable to do so. [37.85, 37.87]

Problem; What constitutes "demonstrated good faith efforts" to obtain an accessible
vehicle?

Solution; Good faith efforts shall include at least the following steps:

(1) An initial solicitation for the used vehicles published by the commuter
authority or Amtrak must specify that all used vehicles were to be accessible
to and usable by individuals with disabilities;

(2) A nationwide search for accessible vehicles, involving specific inquiries
to used vehicle dealers and other transit providers; and

(3) Advertising in trade publications and contacting trade associations.

Amtrak and commuter authorities purchasing or leasing used intercity or commuter
rail cars that are not readily accessible to and usable by individuals with disabilities
shall retain documentation of the specific good faith efforts it made for three years
from the date the vehicles were purchased or leased. These records shall be made
available, on request, to the Federal Railroad Administration or FTA Administrator,
as applicable. These records shall be made available to the public, on request
[37.87]

5-2-7

D Accessibility of Remanufactured Commuter and Intercity Rail Cars

Problem; If a commuter rail car or an intercity rail car is scheduled to be
remanufactured, does the scope of the remanufacturing project have to address all
of the accessibility specifications?

Solution: If Amtrak or a commuter rail authority remanufactures or purchases or
leases a remanufactured car which has its life extended by ten years or more, the
commuter rail and intercity rail cars shall, to the maximum extent feasible, be readily
accessible to and usable by individuals with disabilities, including individuals who use
wheelchairs.

It shall be considered feasible to remanufacture an intercity or commuter rail car so
as to be readily accessible to and usable by individuals with disabilities, including
individuals who use wheelchairs, unless an engineering analysis demonstrates that
remanufacturing the car to be accessible would have a significant adverse effect on
the structural integrity of the car. [37.89]

One Car Per Train Rule

Problem; What is the One Car Per Train Rule and what are the dates for
implementation?

Solution: Each public entity providing rapid or light rail service shall ensure that
each train, consisting of two or more vehicles, includes at least one car that is readily
accessible as soon as practicable but in no case later than July 25, 1995. Each
entity providing intercity rail service and each commuter rail authority shall ensure
that each train has one car that is readily accessible as soon as practicable but in no
case later than July 26, 1995. [37.93]

Note: For Amtrak, there is also a specific seating requirement which will not be
addressed here.

5-2-8

Problems and solutions related to the specific design criteria address those barriers that a
person with a disability encounters between the time the train arrives at a level boarding
platform until the disabled passenger is on the vehicle and the doors are closed. This
section addresses the barriers as they would occur sequentially during this segment of the
trip. A checklist of the ADA requirements that address those barriers follows:

Checklist of Problems - Specific Design Requirements

□ Between-Car Barriers
D Signage

n Public Information System

n Coordination of Vehicle Floor with Boarding Platform

□ Clear Width of Passenger Doorway at the Boarding Platform
n Doorway Threshold

D Vehicle Floor

n Door Closing Signal

□ Handrails and Stanchions at the Entrance Vestibule

n Between Car Barriers

Problem: After the train has arrived at the platform, persons with visual
impairments may have a difficult time finding where the door opening is located on
the platform. The sound of the door opening is a useful clue but may be obscured
in a noisy station. One way to find the door opening is to walk along the platform
touching the side of train until an opening can be felt. Although use of a cane
should detect the vehicle floor to determine whether the opening is a doorway or
the space between the cars of the train, the rush of boarding can lead to mistakes.
If an error is made, the person could fall off the platform between two cars.

Slides Solution: Where rapid rail, light rail and commuter rail vehicles operate in a high
6, 7 platform, level-boarding mode, and where between-car bellows are not provided,
devices or systems shall be provided to prevent, deter or warn individuals from
inadvertently stepping off the platform between cars. Appropriate devices include,
but are not limited to, pantograph gates, chains, motion detectors or other suitable
devices.

On rail systems, between-car barriers are not required where platform screens are
provided which close off the platform edge and open only when trains are correctiy
aligned with the doors. Typically, such train screens are used in "people mover"
systems. [38.63, 38.85, 38.109]

Between-car barriers are not required on intercity rail systems because they have
bellows.

5-2-9

Signage

Problem; The one-car-per-train rule in the DOT regulations requires that at least
one car per train be readily accessible to and usable by individuals with disabihties,
including individuals who use wheelchairs. This accessible car must be provided as
soon as practicable, but, in no case, later than July 1995. How will a person with
a disability know which car is accessible?

Solution; The standard which outlines the requirements for accessible doorways on
rapid rail, light rail, commuter rail and intercity rail vehicles requires the
International Symbol of Accessibility to be displayed on the exterior of all doors
which comply with the accessible doorway standards, unless all cars are accessible
and are not marked by the access symbol. [38.53(b), 38.73(b), 38.93(e), 38.113(e)]

On commuter rail and intercity rail cars, appropriate signage shall also indicate
which accessible doors are adjacent to an accessible restroom, if applicable.
[38.93(e), 38.113(e)]

Problem; Even though a sign is required to show which doorway is accessible on
the rapid rail, light rail, commuter rail, and intercity rail vehicles, it is not clear from
the standards that the vehicle will be accessible or if only the doorway and its
associated elements are accessible.

Problem; The standards do not explicitly require any signage on the accessible
vehicle door that can be read by a blind person. How can a person who is blind tell
which door is accessible?

Solution; The requirements for accessible doorways apply primarily to persons with
mobility impairments. Threshold edge marking is encouraged for existing doors.
Although not specifically required, the International Symbol of Accessibility that is
required to be displayed on the vehicle doors could be a tactile pictorial symbol sign.
The ADA Accessibility Guidelines for Buildings and Facilities (Section 4.30.4)
contains standards for tactile signs.

5-2-10

n Public Information Systems

Problem; At the Key transfer stations more than one line operates on the same
track and serves the same platform. For example, the Blue and Green lines
alternate trains at the same platform. Once you are on the train, you can hear the
announcement for the next station stop and from that you can tell what train you
are on, but many times it is too late to get off the train before the door has closed.
Even though the signs on the trains comply with the standards, a person who is
blind or persons with severe visual impairments cannot read the signs.

Slide Solution; On rapid rail systems, each vehicle operating in stations having more than
8 one line or route shall have an external public address system to permit

transportation system personnel, or recorded or digitized human speech messages,

to announce train, route, or line identification information.

Where station announcement systems provide information on arriving trains, an
external train speaker is not required. [38.61]

D Coordination of Vehicle Floor with Boarding Platform

Problem; Persons with disabilities, especially persons who use wheelchairs or
mobility aids, find it difficult to ride rapid rail, light rail, commuter rail and intercity
rail systems even when there is a "level" boarding or a mini-high platform because
the gap between the platform and vehicle floor and the difference in elevation
between the platform and vehicle floor vary so much from station to station, vehicle
to vehicle, and system to system. The new accessibility standards for vehicles
address this problem in Sections 38.53(d), 38.73(d). 38.93(d), and 38.113(d). In
addition, the ADAAG for Buildings and Facilities addresses this problem in Sections
10.3.1(9) and 10.3.2(4). Both of the standards appear to be consistent but because
of all the possible combinations between vehicles (new, existing, and retrofitted) and
station platforms (new, existing, key stations) for the various systems (rapid, light,
commuter and intercity), it is very difficult to understand the requirements.

Slide Solution; There are a number of requirements for each of the different systems.

9 The requirements do have exceptions which have been developed to make it possible
to comply with the intent of the ADA legislation. Probably, the easiest way to
summarize the variety of scenarios for which specific standards have been
promulgated is with a chart which displays the maximum acceptable horizontal gap
and vertical elevation difference between new, used and rehabilitated vehicles and
new, existing and key station platforms for the various systems. The table follows:

5-2-11

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5-2-13

Clear Width of Passenger Doorway at Boarding Platform

Problem; The critical access control point is the doorway. The clear width of
doorways is sometimes a problem on trains for persons who use mobility aids and
wheelchairs.

Solution: On new rapid rail and light rail vehicles, all passenger doorways on
vehicle sides shall have minimum clear openings of 32 in (815 mm) when open. On
new commuter rail cars, at least one door, on each side of the car, that opens onto
a station platform and that is used for passenger boarding shall have a minimum
clear opening of 32 in (815 mm). Each new intercity rail car that is required to be
accessible shall have at least one doorway on each side of the car from which
passengers board that has a minimum clear width of 32 in (815 mm). [38.53, 38.73,
38.93, 38.113]

Note: Existing commuter and intercity railcars retrofitted to meet the one-car-per-
train rule do not need to have wider doors, as long as they can be entered.

Doorway Threshold

Problem; People with impaired vision find it difficult to see where the platform
stops and the threshold at the vehicle doorway begins, especially when the color of
the platform is similar to the color of the vehicle floor.

Solution: On light rail, commuter rail, and intercity rail vehicles, all thresholds shall
have a band of color(s) running the full width of the threshold. The band shall
contrast with the adjacent floor, either light-on-dark or dark-on-light.

n Vehicle Floor

Problem: Some floors become quite slippery when they are wet. Others are so
smooth that even when they are dry, they are slippery. Are there standards which
must be followed on rail vehicles which prescribe what type of material should be
used on the floors?

Slide Solution; Floor surfaces on aisles, places for standees, and areas where wheelchairs

10 and mobility-aid users are to be accommodated are to be slip-resistant on all rapid

rail, light rail, commuter rail and intercity rail vehicles. [38.59, 38.79(a), 38.99(a),

38.117(a)] The appendix recommends that flat surfaces have a static coefficient of

0.6, and ramps have a coefficient of 0.8.

5-2-14

Problem; The design of the new rail vehicles calls for carpet on the floor. People
who use wheelchairs and mobility aids could have a problem with a carpeted floor
especially if the pile of the carpet is very thick. Are there standards that prohibit
carpet?

Solution; The ADA Accessibility Specifications for Transportation Vehicles does
not address carpeted floors. A guideline that could be used is Section 4.5.3 of the
ADA Accessibility Guidelines for Buildings and Facilities. Note: If a carpet or
carpet tile is used on a ground or floor surface, then it shall be securely attached;
have a firm cushion, pad, or backing or no cushion or pad; and have a level loop,
Slide textured loop, level cut pile, or level cut/uncut pile texture. The maximum pile
11 thickness shall be 1/2 in (13 mm). Exposed edges of carpet shall be fastened to
floor surfaces and have trim along the entire length of the exposed edge. Carpet
edge trim up to 1/4 in (6 mm) high can be vertical. If the edge trim is between 1/4
in (6 mm) and 1/2 in (13 mm) a bevel with a slope no greater than 1:2 shall be used.

Door Closing Signal

Problem; Many times people who are deaf start to board the train right when the
doors start to close. There is an auditory signal to warn other people, but the
people who are deaf get no warning. Is there a requirement for auditory door
closing signals?

Solution; All rapid rail and light rail vehicles shall have auditory and visual warning
signals to alert passengers of closing doors. If doors to the platform on commuter
rail and intercity rail vehicles close automatically or from a remote location, auditory
and visual warning signals shall be provided to alert passengers of closing doors.
[38.53(c), 38.73(c), 38.93(c), 38.113(c)]

Problem; Visual public announcement systems are generally not available. Is there
a specification that covers this?

Solution; The ADA Accessibility Specifications for Transportation Vehicles do not
contain a detailed specification. Announcements may be provided in a visual format
by the use of electronic message boards. Electronic message boards using a light
emitting diode (LED) or "flip-dot" display are currently provided in some transit
stations and terminals and may be usable in vehicles.

5-2-15

Handrails and Stanchions at the Entrance Vestibule

Problem; Even though it is easier to board a vehicle from a level boarding platform,
people with certain walking disabilities need some support as they enter the vehicle
doors. On some vehicles there is no handrail at the doorway. On other vehicles,
the stanchions restrict the aisleway for people using wheelchairs or walkers.

Solution On rapid and light rail vehicles, handrails and stanchions shall be sufficient
to permit safe boarding, onboard circulation, seating and standing assistance, and
alighting by persons with disabilities.

On commuter and intercity rail cars handrails or stanchions, where provided within
the passenger compartment, shall be placed to permit sufficient turning and
maneuvering space for wheelchairs and other mobility aids to reach a seating
location from an accessible entrance.

Slide Problem; If onboard fare collection is used it is difficult for some people with
12 disabilities to pay the fare especially when the vehicle starts to move. The fare

collection device is not designed so a person can easily support himself while paying

the fare.

Solution; On light rail vehicles where onboard fare collection devices are used, a
horizontal passenger assist shall be located between boarding passengers and the
fare collection device and shall prevent passengers from sustaining injuries on the
fare collection device or windshield in the event of a sudden deceleration. Without
restricting the vestibule space, the assist shall provide support for a boarding
passenger from the door through the boarding procedure. Passengers shall be able
to lean against the assist for security while paying fares.

Problem; When handrails and stanchions are required, what are the design
parameters for each?

Solution; The diameter or width of the gripping surface of handrails and stanchions
shall be 1-1/4 in (32 mm) to 1-1/2 in (38 mm) or provide an equivalent
Slide gripping surface and have eased edges with comer radii of not less than 1/8 in (3
13 mm). Handrails shall be placed to provide a minimum 1-1/2 in (38 mm) knuckle
clearance from the nearest adjacent surface.

5-2-16

Note: The Access Board-sponsored hand anthropometrics research project tested
gripping by persons with various hand disabilities and confirmed the appropriateness
of the specified dimensions. A 1-inch diameter handrail would not be usable. The
Access Board notes that most vehicle handrails are made of pipe. In the building
industry, pipe size typically specifies inside diameter so that a 1-1/2 inch pipe
handrail actually has a larger outside diameter, sometimes up to 2 inches. Such
handrails have not posed any known problem. Thus, the 1-1/2 inch diameter
requirement can result in a handrail of approximately 2 inches under current
building industry practices. The 1-1/2 inch clearance also received general support

5-2-17

EXERCISES

1. The one-car-per- train rule means:

(a) At least one car per train must be accessible by July 25, 1995.

(b) Disabled people can only ride on one car per train.

2. Between-Car Barriers are required

(a) Where rapid rail, light rail and commuter rail vehicles operate in a high
platform, level boarding mode.

(b) On all light rail vehicles.

3. If only one car in the train is accessible, how will a person with a disability know
which car it is?

(a) The car must be painted a different color.

(b) The International Symbol of Accessibility must be displayed on all of the
windows of the car.

4. What are the standards for the vertical difference between the platform and the
door threshold for a retrofitted rapid rail car in a new rapid rail station?

(a) 5/8 in (16 mm)

(b) 1 in (25 mm)

(d) 2 in (50 mm)

5. What are the standards for the horizontal gap between the platform and the door
threshold for a new rapid rail car in a new rapid rail station?

(a) 4 in (100 mm)

(b) 3 in (76 mm)

(d) 6 in (150 mm)

5-2-18

6. The doorway onto a rapid rail and light rail vehicle should be at least wide

when opened.

(a) 27 in (685 mm)

(b) 30 in (760 mm)

(d) 36 in (915 mm)

7. When the doors on a rapid rail or light rail vehicle close automatically, what type
of warning system is required?

(a) A bell must ring at least three times.

(b) An auditory and visual warning signal shall be provided to alert passengers.

8. How high from the floor must the handrails be to comply with the ADA standards
for handrails in rapid rail and light rail vehicles?

(a) 72 in (1830 mm)

(b) 68 in (1730 mm)

(d) There is no standard regarding height of handrails in rapid rail and light rail
vehicles.

5-2-19

UNIT 5-3

ACCESSIBLE ROUTE BETWEEN THE BOARDING PLATFORM AND THE

VEHICLE - STEP ENTRY VEHICLES

SCOPE

The Department of Transportation rules implementing the vehicle accessibility
requirements of ADA can be found at two levels of detail. The first area which addresses
the more general requirements is 49 CFR Part 37, Subpart D - Acquisition of Accessible
Vehicles by Public Entities and Subpart E - Acquisition of Accessible Vehicles by Private
Entities. The second more specific design criteria is contained in 49 CFR Part 38, ADA
Accessibility Specifications for Transportation Vehicles, Subpart D - Light Rail Vehicles
and Systems, Subpart E - Commuter Rail Cars and Systems, and Subpart F - Intercity Rail
Cars and Systems.

All new, used and remanufactured light rail vehicles, commuter rail and intercity rail cars
that were purchased or leased after October 6, 1991, must comply with the Part 38
standards. Those purchased before October 6, 1991, but after August 25, 1990 by a public
entity, commuter rail authority or Amtrak must be readily accessible to and usable by
individuals with disabilities, including individuals who use wheelchairs and must comply with
interim standards issued by DOT in October 1990.

This unit addresses the elements that must be accessible to permit persons with disabilities
to determine which route the specific train serves, to locate the accessible vehicle or car,
to determine which door on the vehicle or car is accessible and to board a step entry type
vehicle or car before the doors are closed. This unit does not address the barriers
encountered by individuals in wheelchairs or mobility aids as they board a step entry vehicle
and get settled. That portion of the trip for individuals who use wheelchairs and mobility
aids is addressed in Unit 5-4.

5-3-1

DEnNITIONS

Slide 1

Commuter Rail Car: A rail passenger car obtained by a commuter authority for use in
commuter rail transportation.

Slide 2

Intercity Rail Passenger Car: A rail car, intended for use by revenue passengers, obtained
by the National Railroad Passenger Corporation (Amtrak) for use in intercity rail
transportation.

Slide 3

Light Rail: A streetcar- type vehicle operated on city streets, semi-exclusive rights of way,
or exclusive rights of way. Service may be provided by step-entry vehicles or by level
boarding.

New Vehicle: A vehicle which is offered for sale or lease after manufacture without any
prior use.

Used Vehicle: A vehicle with prior use.

Slide 4

Remanufactured Vehicle: A vehicle which has been structurally restored and has had new
or rebuilt major components installed to extend its service life.

Retrofitted Vehicle: A vehicle that has been modified to the extent necessary to comply
with the specific accessibility standards required by the One-Car-Per-Train Rule.

5-3-2

APPLICABLE STANDARDS

49 CFR 37.79

49 CFR 37.81

49 CFR 37.83

49 CFR 37.85

49 CFR 37.87

49 CFR 37.89

49 CFR 37.93

49 CFR 37.101

49 CFR 37.107

49 CFR 38

Subpart D

49 CFR

Subpart E

49 CFR

Subpart F

Purchase or lease of new rail vehicles by public entities
operating rapid or light rail systems.

Purchase or lease of used rail vehicles by public entities
operating rapid or light rail systems.

Remanufacture of rail vehicles and purchase or lease of
remanufactured rail vehicles by public entities operating
rapid or light rail systems.

Purchase or lease of new intercity and commuter rail
cars.

Purchase or lease of used intercity and commuter rail
cars.

Remanufacture of intercity and commuter rail cars and
purchase and lease of remanufactured intercity and
commuter rail cars.

One-car-per-train rule.

Purchase or lease of vehicles by private entities not
primarily engaged in the business of transporting
people.

Acquisition of passenger rail cars by private entities
primarily engaged in the business of transporting
people.

Light Rail Vehicles and Systems

Commuter Rail Cars and Systems

Intercity Rail Cars and Systems

5-3-3

PROBLEMS AND SOLUTIONS

Acx^essibility onto a step entry type light rail vehicle, commuter rail or intercity rail car will
be addressed in this unit at two levels of detail: (1) General requirements and (2) Specific
design requirements.

Checklist of Problems - General Requirements

n Accessibility of New and Used Light Rail Vehicles

n Accessibility of Remanufactured Light Rail Vehicles

n Accessibility of New and Used Commuter Rail and Intercity Rail Cars

n Accessibility of Remanufactured Commuter Rail and Intercity Rail Cars

D One-Car-Per-Train Rule

5-3-4

n Accessibility of New and Used Light Rail Vehicles

Problem: A city has a system which uses light rail vehicles. The existing vehicles
are not fully accessible. A procurement is underway to order some used light rail
vehicles and some new light rail vehicles. Do these vehicles have to be accessible?

Solution; Each public entity operating a light rail system making a solicitation after
October 6, 1991 to purchase or lease a used or new light rail vehicle for use on the
system shall ensure that the vehicle is readily accessible to and usable by individuals
with disabilities, including individuals who use wheelchairs, and meets the
requirements of 49 CFR Part 38.

A public entity may purchase or lease a used light rail vehicle that is not readily
accessible after making demonstrated good faith efforts to obtain an accessible
vehicle. [37.81]

Note: The entity must nevertheless meet the requirements of the one-car-per-train
rule so procurement of inaccessible vehicles, even if permitted, may not be a prudent
or cost effective decision.

Problem; What are the good faith efforts that must be made when trying to
purchase a readily accessible used light rail vehicle? How does the public entity
document the good faith efforts?

Solution; Good faith efforts shall include at least the following steps:

(2) A nationwide search for accessible vehicles, involving specific inquiries
to manufacturers and other transit providers; and

(3) Advertising in trade publications and contacting trade associations.
[37.81(c)]

Each public entity purchasing or leasing used light rail vehicles that are not readily
accessible to and usable by individuals with disabilities shall retain documentation
of the specific good faith efforts it made for three years from the date the vehicles
were purchased. These records shall be made available, on request, to the FTA
Administrator and the public. [37.81(d)]

5-3-5

Q Accessibility of Remanufactured Light Rail Vehicles

Problem: A transit authority plans to remanufacture some of its light rail vehicles
and purchase some remanufactured light rail vehicles. Do the light rail vehicles
have to meet the vehicle accessibility specifications?

Solution: Yes, if a light rail vehicle is remanufactured after August 25, 1990, so as
to extend its useful life for five years or more, it shall, to the maximum extent
feasible be readily accessible to and usable to individuals with disabilities, including
individuals who use wheelchairs. [37.83]

It shall be considered feasible to remanufacture a light rail vehicle so as to be
readily accessible to and usable by individuals with disabilities, including individuals
who use wheelchairs, unless an engineering analysis demonstrates that doing so
would have a significant adverse effect on the structural integrity of the vehicle.
[37.83(c)]

Problem: One of the light rail lines on a particular system is included on the
National Register of Historic Places. The vehicles operated on the lines are
considered historic. The vehicles are scheduled to be remanufactured so that the
service life can be extended for another seven years. Do these "historic vehicles"
have to be made accessible?

Solution: If a public entity operates a light rail system any segment of which is
included on the National Register of Historic Places and if making a light rail
vehicle of historic character used solely on such segment readily accessible to and
usable by individuals with disabilities would significantly alter the historic character
of such vehicles, the public entity need only make (or purchase or lease a
remanufactured vehicle with) those modifications that do not alter the historic
character of such vehicles. [37.83(d)]

Note: The exception applies only to those vehicles operated solely on a historic
segment.

5-3-6

Q Accessibility of New and Used Commuter and Intercity Rail Cars

Problem: Do new commuter and intercity rail cars have to be accessible?

Solution: Amtrak or a commuter authority making a solicitation after October 6,
1991, to purchase or lease a new intercity or commuter rail car for use on the system
shall ensure that the vehicle is readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs, complying with the standards
in Part 38.

Problem: If a public entity purchases used intercity or commuter rail cars, do they
have to be accessible? [37.85, 37.87]

Solution: Amtrak or a commuter authority purchasing or leasing a used intercity
or commuter rail car after October 6, 1991, shall ensure that the car is readily
accessible to and usable by individuals with disabilities, including individuals who use
wheelchairs.

Problem; What constitutes "demonstrated good faith efforts" to obtain an accessible
vehicle?

Solution: Good faith efforts shall include at least the following steps:

(2) A nationwide search for accessible vehicles, involving specific inquiries
to used vehicle dealers and other transit providers; and

(3) Advertising in trade publications and contacting trade associations.

5-3-7

□ Accessibility of Remanufactured Commuter and Intercity Rail Cars

Problem: If a commuter rail car or an intercity rail car is scheduled to be
remanufactured, does the scope of the remanufacturing project have to address all
of the accessibility specifications?

Solution; If Amtrak or a commuter rail authority remanufactures or purchases or
leases a remanufactured car which has its life extended by ten years or more, the
commuter rail and intercity rail cars shall, to the maximum extent feasible, be readily
accessible to and usable by individuals with disabilities, including individuals who use
wheelchairs.

D One-Car-Per-Train Rule

Problem: What is the One-Car-Per-Train Rule and what are the dates for
implementation?

Problem: If a commuter, light or rapid rail system has vehicles or cars which were
considered accessible under previous DOT rules, but do not fully meet all of the
standards in Part 38, can they be used to meet the one-car-per-train rule?

Solution: Yes, provided they can be entered and used from stations in which they
are to be operated.

5-3-8

Problems and solutions related to specific design requirements address those barriers that
a person with a disability encounters between the time the light rail vehicle or light rail,
commuter rail or intercity rail train arrives at the stop or station until the passenger with
the disability is on the vehicle and the doors are dosed. This section addresses the barriers
as they would be encountered as the disabled person completes this segment of the trip.
A checklist of the ADA requirements that address those barriers follows:

Checklist of Problems - Specific Design Requirements

D Signage

□ Clear Width of Passenger Doorway

□ Steps and Thresholds
D Lighting

□ Vehicle Floor

□ Door Closing Signal

□ Handrails and Stanchions at the Entrance Vestibule

D Signage

Problem: The one-car-per-train rule in the DOT regulations requires that at least
one car per train is readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs. This accessible car must be provided as
soon as practicable, but, in no case, later than July 1995. How will a disabled person
know which car is accessible?

Solution; The standard which outlines the requirements for accessible doorways on
Slide light rail, commuter rail and intercity rail vehicles requires the International Symbol
5 of Accessibility to be displayed on the exterior of all doors which comply with the

accessible doorway standards, unless all cars are accessible and are not marked by

the access symbol. [38.73(b), 38.93(e), 38.113(e)]

On commuter rail and intercity rail cars, appropriate signage shall also indicate
which accessible doors are adjacent to an accessible restroom, if applicable.
[38.93(e), 38.113(e)]

5-3-9

Problem; Even though a sign is required to show which doorway is accessible on
the light rail, commuter rail, and intercity rail vehicles, it is not clear from the
standards that the vehicle will be accessible or if only the doorway and its associated
elements are accessible.

Solution; The standards do, in fact, require the International Symbol of
Accessibility to be placed on the doors that comply with the section of the standard
addressing doorways. The Doorway sections address the following elements: Clear
Width, Signage, Door Closing Signals, Coordination with Boarding Platform
(horizontal gap and vertical height differences between vehicle and platform) for
Light Rail, Commuter Rail and Intercity Rail vehicles. At all doors on level-entry
vehicles, and at each entrance accessible by lift, ramp, bridge plate or other suitable
means, handrails, stanchions, passenger seats, vehicle driver seat platforms, and fare
boxes, if applicable, shall be located so as to allow a route at least 32 in (815 mm)
wide so that at least two wheelchairs or mobility aid users can enter the vehicle and
position the wheelchairs or mobility aids in areas, each having a minimum clear
space of 48 in by 30 in (1220 mm by 760 mm), which do not unduly restrict
movement of other passengers. Space to accommodate wheelchairs and mobility
aids may be provided within the normal area used by standees and designation of
specific spaces is not required. Particular attention shall be given to ensuring
maximum maneuverability immediately inside doors. Ample vertical stanchions from
ceiling to seatback rails shall be provided. Vertical stanchions from ceiling to floor
shall not interfere with wheelchair or mobility aid circulation and shall be kept to
a minimum in the vicinity of accessible doors. [38.77]

n Clear Width of Passenger Doorway at Boarding Platform

Slide Problem; The critical access control point is the doorway. The clear width of
6 doorways is sometimes a problem on trains for persons who use mobility aids and

wheelchairs.

Solution; On light rail vehicles, all passenger doorways on vehicle sides shall have
minimum clear openings of 32 in (815 mm) when open. On commuter rail cars, at
least one door, on each side of the car, that opens onto a station platform and that
is used for passenger boarding shall have a minimum clear opening of 32 in (815
mm). Each intercity rail car that is required to be accessible shall have at least one
doorway on each side of the car from which passengers board that has a minimum
clear width of 32 in (815 mm). [38.73, 38.93, 38.113] For new rail cars where entry
is through a vestibule, the vestibule must be a minimum of 42 in (1065 mm) wide.

5-3-10

D Steps and Thresholds

Problem; When it rains and snows the steps on the Hght rail vehicles and the steps
on the commuter rail and intercity rail cars get wet. Some of the smooth surfaces
on the steps become quite slippery.

Slide Solution; All step treads on light rail vehicles, commuter rail and intercity rail cars
7 shall be slip resistant. [38.79(a), 38.99(a). 38.117(a)]

Problem; In developing a specification for a slip resistant surface, what standard
should be used to ensure that the surface complies with ADA requirements?

Solution; There is no specific requirement but advisory guidance is provided in the
appendix. The coefficient of friction is the descriptor used to measure slip
resistance. The coefficient of friction is the ratio between the force necessary to
move one surface over another surface and the pressure between the two surfaces.
For example, the coefficient of friction for cast iron on oak is 38:100 or 0.38. A
research project conducted with persons with disabilities concluded that a static
coefficient of friction of 0.60 was appropriate for steps, floors and lift platforms and
a coefficient of friction of 0.80 was desirable for ramps.

Problem; It is difficult for people with low vision to distinguish when they are at the
edge of a step or when they are approaching a threshold.

Slide Solution; All step edges and thresholds on light rail vehicles, commuter rail and
8 intercity rail cars shall have a band of color(s) running the full width of the step or

threshold which contrasts from the step tread and riser or adjacent floor, either
light-on-dark or dark-on-light. [38.79(b), 38.99(b), 38.117(b)]

There is no specific requirement for contrast but the ADAAG appendix
recommends that the material used contrast by at least 70%. Percent contrast is
determined by the following equation:

B - B

Contrast = — x 100

where Bj is the Light Reflectance Value of the lighter area and Bj is the Light
Reflectance Value of the darker area. Note that in any application both white and
black are never absolute: thus Bj never equals 100 and Bi is always greater than
zero. [Appendk Part 38]

5-3-11

n Lighting

Problem: When boarding a light rail vehicle, commuter rail or intercity rail car at
stops or stations where the steps must be used and where there are no lights on the
platform area and or at the stop, it is difficult to see in the area immediately outside
of the doors.

Slide Solution; The doorways of vehicles not operating at lighted station platforms shall
9 have outside lights which provide at least 1 footcandle (11 lux) of illumination on

the station platform or street surface for a distance of 36 in (915 mm) perpendicular
to all points on the bottom step tread. Such lights shall be located below window
level and shielded to protect the eyes of entering and exiting passengers. [38.81,
38.101, 38.119]

Problem: Even though the ground surface or the platform surface outside of the
light rail vehicle, commuter rail or intercity rail vehicle is lighted when the doors are
open, it is difficult to see the step treads. When the lift or ramp is deployed, it is
difficult to see the lift platform or ramp surface because there is very little light
shining on those surfaces.

Solution: Any stepwell or doorway with a lift or ramp immediately adjacent to the
driver shall have, when the door is open, at least 2 footcandles (22 lux) of
illumination measured on the step tread or lift platform. [38.81(a), 38.101(a),
38.119(a)]

Other stepwells and doorways with lifts or ramps shall have, at all times, at least 2
footcandles (22 lux) of illumination measured on the step tread or lift or ramp, when
deployed at the vehicle floor level. [38.81(b)]

5-3-12

D Vehicle Floor

Problem; Some floors become quite slippery when they are wet. Others are so
smooth that even when they are dry, they are sHppery. Are there standards which
must be followed on rail vehicles which prescribe what type of material should be
used on the floors?

Slide Solution: Floor surfaces on aisles, places for standees, and areas where wheelchairs

10 and mobility-aid users are to be accommodated are to be slip-resistant on all light

rail, commuter rail and intercity rail vehicles. [38.79(a), 38.99(a), 38.117(a)]

Note: Appendix to Part 38 recommends the coefficient of friction as the
appropriate descriptor to measure slip resistance.

Problem: The design of the new rail vehicles calls for carpet on the floor. People
who use wheelchairs and mobility aids could have a problem with a carpeted floor
especially if the pile of the carpet is very thick. Are there standards that prohibit
carpet?

Solution: The ADA Accessibility Specifications for Transportation Vehicles does
not specifically address carpeted floors. A guideline that could be used is Section
4.5.3 of the ADA Accessibility Guidelines for Buildings and Facilities which states:
If a carpet or carpet tile is used on a ground or floor surface, then it shall be
securely attached; have a firm cushion, pad, or backing or no cushion or pad; and
Slide have a level loop, textured loop, level cut pile, or level cut/uncut pile texture. The
11 maximum pile thickness shall be 1/2 in (13 mm). Exposed edges of carpet shall be
fastened to floor surfaces and have trim along the entire length of the exposed edge.
Carpet edge trim up to 1/4 in (6 mm) high can be vertical. If the edge trim is
between 1/4 in (6 mm) and 1/2 in (13 mm) a bevel with a slope no greater than 1:2
shall be used. Some carpet can be "slippery" when wet, so specify with care.

n Door Closing Signal

Solution: All light and rapid rail vehicles shall have auditory and visual warning
signals to alert passengers of closing doors. If doors to the platform on commuter
rail and intercity rail vehicles close automatically or from a remote location, auditory
and visual warning signals shall be provided to alert passengers of closing doors.
[38.73(c), 38.93(c), 38.113(c)]

5-3-13

Problem; Visual door closing signals are generally not available. Is there a
specification that covers this?

Solution: A light at the door which flashes in synchronization with the door chime
would suffice. Such a signal needs to be visible fi-om the platform as well as inside
the vehicle. A bright light which raises the overall illumination of the doorway could
be provided.

G Handrails and Stanchions at the Entrance Vestibule

Slide Problem: When boarding a light rail vehicle, it is difficult to reach up and grasp the
12 handrail as you negotiate the first step.

Solution: Handrails and Stanchions on light rail vehicles shall be sufficient to
permit safe boarding assistance and alighting by persons with disabilities. [38.77(a)]
At entrances equipped with steps on light rail vehicles, handrails and stanchions
shall be provided in the entrance to the vehicle in a configuration which allows
passengers to grasp such assists from outside the vehicle while starting to board, and
to continue using such handrails or stanchions throughout the boarding process.
[38.77(b)]

Problem: If onboard fare collection is used it is difficult for some people with
disabilities to pay the fare especially when the vehicle starts to move. The fare
collection device is not designed so a person can easily support himself while paying
the fare.

Solution: On light rail vehicles where onboard fare collection devices are used, a
horizontal passenger assist shall be located between boarding passengers and the
fare collection device and shall prevent passengers from sustaining injuries on the
fare collection device or windshield in the event of a sudden deceleration. Without
restricting the vestibule space, the assist shall provide support for a boarding
passenger from the door through the boarding procedure. Passengers shall be able
to lean against the assist for security while paying fares.

Problem: When handrails and stanchions are required, what are the design
parameters for each?

Solution: The diameter or width of the gripping surface of handrails and stanchions
shall be 1-1/4 in (32 mm) to 1-1/2 in (38 mm) or provide an equivalent
gripping surface and have eased edges with comer radii of not less than 1/8 in (3
mm). Handrails shall be placed to provide a minimum 1-1/2 in (38 mm) knuckle
clearance from the nearest adjacent surface.

5-3-14

5-3-15

EXERCISES

1. The one-car-per- train rule means:

(a) Disabled people can only ride on one car per train.

(b) At least one car per train must be accessible by July 25, 1995.

2. Light rail step entry vehicles are being remanufactured and the remanufacture
process will extend the life of the vehicles approximately 10 years. There are no
between car barriers on the existing vehicles. Are between car barriers required by
ADA?

(a) Yes

(b) No

3. A light rail transit authority is retrofitting its vehicles to comply with the ADA One-
Car-Per-Train Rule. What section of the standards would you research to determine
what elements must be retrofitted to make the vehicle accessible?

4. What is the level of lighting required on the steps as you enter the step entry
vehicle?

(a) 2 footcandles (22 lux)

(b) 1 footcandle (11 lux)

(d) No light is required.

5. What is the recommended percent of contrast between the color of a threshold and
the color of the adjacent floor surfaces to ensure that people with low vision can see
the threshold?

(a) 100%

(b) 25%

(c)

(d) 70%

6. How wide should the entry doorway be on a light rail step entry vehicle?

(a) 27 in (685 mm)

(b) 30 in (760 mm)

(d) 36 in (915 mm)

5-3-16

UNIT 5-4

ACCESSIBLE ROUHE BETWEEN THE BOARDING PLATFORM AND THE

VEHICLE - MOBILITY AIDS ACCESSIBILITY AND SECUREMENT DEVICES

SCOPE

The Department of Transportation rules implementing the vehicle accessibility
requirements of ADA can be found at two levels of detail. The first area which addresses
the more general requirements is 49 CFR Part 37, Subpart D - Acquisition of Accessible
Vehicles by Public Entities and Subpart E - Acquisition of Accessible Vehicles by Private
Entities. The second more specific design criteria is contained in 49 CFR Part 38, ADA
Accessibility Specifications for Transportation Vehicles, Accessibility Specifications for
Transportation Vehicles, Subpart B - Buses, Vans and Systems, Subpart D - Light Rail
Vehicles and Systems, Subpart E - Commuter Rail Cars and Systems, and Subpart F -
Intercity Rail Cars and Systems.

This unit addresses the barriers that may be encountered as a person with a disability uses
a wheelchair lift, ramp or bridge plate to board a bus, van, light rail, commuter rail or
intercity rail vehicle and as that person is secured at the securement area on board a bus
or van.

This unit is divided into three parts, namely, Platform Lifts, Ramps or Bridge Plates and
Securement Devices. Each part addresses the specific design requirements for that
particular mobility aid with a series of problems (barriers) that could be encountered by an
individual who is disabled. Solutions to the specific problems are presented. The solutions
are a statement of the design specifications that are required to make the system accessible
to individuals with disabilities, including individuals who use wheelchairs.

5-4-1

DEHNITIONS

Wheelchair: A mobility aid belonging to any class of three or four-wheeled devices, usable
indoors, designed for and used by individuals with mobility impairments, whether operated
manually or powered. A "common wheelchair" is such a device which does not exceed 30
in (760 mm) in width and 48 in (1220 mm) in length measured 2 in (50 mm) above the
ground, and does not weigh more than 600 pounds (272 kg) when occupied.

Slides 1, 2, 3

Platform Lift: A horizontal surface that is raised to a higher position and is used to
transport objects from one level to another.

Slides 4, 5

Ramp: A sloping surface joining different levels. A walking surface that has a running
slope greater than 1:20.

Slide 6

Bridge Plate: A stowable, relatively thin piece of metal or other material that provides a
connection or transition over a gap or between two different levels which provides a way
across for a pedestrian or a mobility aid user.

Slide 7

Securement Device: A mechanical contrivance used to restrain a mobility aid to protect
it from moving during transit.

APPLICABLE STANDARDS

49 CFR 38.23
49 CFR 38.83

49 CFR 38.95

49 CFR 38.125

Mobility Aid Accessibility, Buses, Vans and Systems

Mobility Aid Accessibility, Light Rail Vehicles and
Systems

Mobility Aid Accessibility, Commuter Rail Cars and
Systems

Mobility Aid Accessibility, Intercity Rail Cars and
Systems

5-4-2

PLATFORM LIFTS

Slides 8, 9

Platform lifts or wheelchair lifts can be used on buses, vans, light rail, commuter rail, and
intercity rail vehicles. The requirements for all of these vehicles are generally the same.
There are some instances where requirements for a particular vehicle type are different.
These will be addressed and specific requirements will be presented. The following
elements must meet specific specifications in order for the platform lift to be accessible.

Checklist of Problems - Specific Design Requirements

n Design Load

n Controls

□ Emergency Operation/Power or Equipment Failure

□ Platform Barriers

n Platform Surface (Texture and Size)

D Platform Gaps

n Platform Entrance Ramp

n Platform Deflection

n Platform Movement and Boarding Direction

n Use By Standees

n Handrails

n Design Load

Problem: There are various sizes and weights of wheelchairs. Some of the
motorized wheelchairs appear to be quite heavy, and when occupied by a person
who could possibly weigh over two-hundred pounds, the load capacity of a platform
lift could affect accessibility. How much of a load must a platform lift be able to
transport to be in compliance with the specifications?

Solution: The design load of the lift shall be at least 600 pounds (272 kg). Working
parts, such as cables, pulleys, and shafts, which can be expected to wear, and upon
which the lift depends for support of the load, shall have a safety factor of at least
six, based on the ultimate strength of the material. Nonworking parts, such as
platform, frame, and attachment hardware which would not be expected to wear,
shall have a safety factor or at least three, based on the ultimate strength of the
material. [38.23(b)(1), 38.83(b)(1), 38.95(b)(1), 38.125(b)(1)]

5-4-3

□ Controls

Slide Problem; When the platform lift is onboard the vehicle, what prevents the vehicle
10 from starting to move, even by accident, while the lift is being deployed? How can

a person with a disability be assured that the lift is safe and will not go into a

stowage location before he or she exits the platform?

Solution: The controls shall be interlocked with the vehicle brakes, propulsion
system (rail cars), transmission (vans, buses), or door, or shall provide other
appropriate mechanisms or systems, to ensure that the vehicle cannot be moved
when the lift is not stowed and so the lift cannot be deployed unless the interlocks
or systems are engaged. The lift shall deploy to all levels normally encountered in
the operating environment. Where provided, each control for deploying, lowering,
raising, and stowing the lift and lowering the roll-off barriers shall be of a
momentary contact type requiring continuous manual pressure by the operator and
shall not allow improper lift sequencing when the lift platform is occupied. The
controls shall allow reversal of the lift operation sequence, such as raising or
lowering a platform that is part way down, without allowing an occupied platform
to fold or retract into the stowed position. [38.23(b)(2), 38.83(b)(2), 38.95(b)(2),
38.125(b)(2)]

Problem; Are there any exceptions to the design specifications for controls stated
in the above solution?

Solution; For vans and buses, where the lift is designed to deploy with its long
dimension parallel to the vehicle axis and which pivots into or out of the vehicle
while occupied (i.e., "rotary lift"), the requirements of this paragraph prohibiting the
lift from being stowed while occupied shall not apply if the stowed position is within
the passenger compartment and the lift is intended to be stowed while occupied.

For light rail, commuter rail, and intercity rail cars, where physical or safety
constraints prevent the deployment at some stops of a lift having its long dimension
perpendicular to the car axis, the transportation entity may specify a lift which is
designed to deploy with its long dimension parallel to the car axis and which pivots
into or out of the car while occupied (i.e., "rotary lift"). The requirements stated in
the above Problem/Solution prohibiting the lift from being stowed while occupied
shall not apply to a lift design of this type if the stowed position is within the
passenger compartment and the lift is intended to be stowed while occupied.

The brake or propulsion system interlocks requirement does not apply to platform
mounted or portable lifts provided that a mechanical, electrical or other system
operates to ensure that cars do not move when the lift is in use. [38.83(b)(2),
38.95(b)(2), 38.125(b)(2)]

Note: "Other system" could be a door interlock which prevents the vehicle from
moving when the door is open.

5-4-4

□ Emergency Operation/Power or Equipment Failure

Problem: If the power supply to the platform lift fails when the lift is deployed, how
will the person with the disability be removed from the platform?

Solution; The lift shall incorporate an emergency method of deploying, lowering to
ground or station platform level with a lift occupant, and raising and stowing the
empty lift if the power to the lift fails. No emergency method, manual or otherwise,
shall be capable of being operated in a manner that could be hazardous to the lift
occupant or to the operator when operated according to the manufacturer's
instructions. No emergency method shall permit the platform to be stowed or
folded when occupied, unless the lift is a rotary lift and is intended to be stowed
while occupied. Platforms stowed in a vertical position, and deployed platforms
when occupied, shall have provisions to prevent their deploying, failing, or folding
any faster than 12 in/sec (300 mm/sec) or their dropping of an occupant in the event
of a single failure of any load carrying component. [38.23(b)(3)(4), 38.83(b)(3)(4),
38.95(b)(3)(4), 38.125(b)(3)(4)]

n Platform Barriers

Slide Problem: Once on the lift platform, what type of barrier or edge protection should
11 there be to ensure that the wheelchair does not go over the side or roll forward or
backward off the platform surface?

Solution: The lift platform shall be equipped with barriers to prevent any of the
wheels of a wheelchair or mobility aid from rolling off the lift during its operation.
A movable barrier or inherent design feature shall prevent a wheelchair or mobility
aid from rolling off the edge closest to the vehicle until the lift is in its fully raised
position. Each side of the lift platform which, in its raised position, extends beyond
the vehicle shall have a barrier a minimum 1-1/2 in (38 mm) high. Such barriers
shall not interfere with maneuvering into or out of the vehicle. The loading-edge
barrier (outer barrier) which functions as a loading ramp when the lift is at ground
or station platform level, shall be sufficient when raised or closed, or a
supplementary system shall be provided, to prevent a power wheelchair or mobility
aid from riding over or defeating it. The outer barrier of the lift shall automatically
rise or close, or a supplementary system shall automatically engage, and remain
raised, closed, or engaged at all times that the lift platform is more than 3 in (75
mm) above the station platform and the lift is occupied. Alternatively, a barrier or
system may be raised, lowered, opened, closed, engaged or disengaged by the lift
operator provided an interlock or inherent design feature prevents the lift from
rising unless the barrier is raised or closed or the supplementary system is engaged.
[38.23(b)(5), 38.83(b)(5), 38.95(b)(5), 38.125(b)(5)]

5-4-5

□ Platform Surface (Texture and Size)

Problem; Some surfaces are very smooth and slippery when they get wet, and others
are quite rough, which makes it difficult to walk and stand on. Is there a design
requirement for the platform surface texture?

The size of the platform is very important especially for some of the new, larger
mobility aids. Is there a minimum size for the platform on the lift?

Slide Solution: The lift platform surface shall be free of any protrusions over 1/4 in (6
12 mm) high and shall be slip resistant. The lift platform shall have a minimum clear
width of 28-1/2 in (724 mm) at the platform, a minimum clear width of 30 in (760
mm) measured from 2 in (50 mm) above the lift platform surface to 30 in (760 mm)
above the surface, and a minimum clear length of 48 in (1220 mm) measured from
2 in (50 mm) above the surface of the platform to 30 in (760 mm) above the surface.
[38.23(b)(6), 38.83(b)(6), 38.95(b)(6), 38.125(b)(6)]

n Platform Gaps

Problem; Some of the openings or cracks around the edges of the lift platform
between the platform surface and the edge protection barrier are quite wide. A
wheel on the wheelchair could get caught in the crack and someone could get hurt.
The gap between the edge of the platform and vehicle floor is often very wide and
sometimes there is quite a vertical difference between the platform surface and the
vehicle floor. Are there any standards for these gaps?

Slide Solution; Any openings between the lift platform surface and the raised barriers
13 shall not exceed 5/8 in (16 mm) wide. When the lift is at car floor height with the
inner barrier (if applicable) down or retracted, gaps between the forward lift
platform edge and vehicle floor shall not exceed 1/2 in (12 mm) horizontally and 5/8
in (16 mm) vertically. Platforms on semi-automatic lifts may have a hand hold not
exceeding 1-1/2 in (38 mm) by 4-1/2 in (115 mm) located between the edge barriers.
[38.23(b)(7), 38.83(b)(7), 38.95(b)(7), 38.125(b)(7)]

Note: The 5/8 in (16 mm) maximum gap between raised barriers and platform is
not a requirement for the platform itself; expanded metal platforms are not
precluded.

5-4-6

n Platform Entrance Ramp

Slide Problem: The slope of the ramp that leads onto the platform is a critical part of the

14 trip. Is there a maximum slope that is allowable? What about the vertical distance

between the ramp and the sidewalk or platform surface? Is there a maximum height

before some type of beveled threshold must be used? If a threshold is used, is there

a standard for the threshold design?

Solution; The entrance ramp, or loading-edge barrier used as a ramp, shall not
exceed a slope of 1:8, when measured on level ground, for a maximum rise of 3 in
(75 mm) and the transition from the roadway, sidewalk or station platform to ramp
may be vertical without edge treatment up to 1/4 in (6 mm). Thresholds between
1/4 in (6 mm) and 1/2 in (13 mm) high shall be beveled with a slope no greater than
1:2. [38.23(b)(8), 38.83(b)(8), 38.95(b)(8), 38.125(b)(8)]

Platform Deflection

Problem: In designing the platform of the lift, what is the maximum amount of
deflection that is acceptable? Since the weight must be considered, the thinner the
material that can be used on the platform, the better, but thinner materials will
likely deflect more.

Solution; The lift platform (not including the entrance ramp) shall not deflect more
than 3 degrees (exclusive of vehicle roll or pitch) in any direction between its
unloaded position and its position when loaded with 600 pounds (272 kg) applied
through a 26 in (660 mm) by 26 in (660 mm) test pallet at the centroid of the lift
platform. [38.23(b)(9), 38.83(b)(9), 38.95(b)(9), 38.125(b)(9)]

Note: The centroid is the center of mass which, in most cases, will be close to the
geometric center of the platform.

5-4-7

Platform Movement and Boarding Direction

Problem: Is there a maximum safe speed for the movement of the platform from
the street or platform level to the vehicle floor level? Is a faster speed more
acceptable to speed up the boarding process? Is there a maximum acceleration
rate? What is the preferred boarding direction? Some individuals would rather
back onto the ramp and platform. Is this permissible?

Solution; No part of the platform shall move at a rate exceeding 6 in/sec (150
mm/sec) during lowering and lifting an occupant, and shall not exceed 12 in/sec (305
mm/sec) during deploying or stowing. This requirement does not apply to the
deployment or stowage cycle of lifts that are manually deployed or stowed. The
maximum platform horizontal and vertical acceleration when occupied shall be 0.3g.
The lift shall permit both inboard and outboard facing of wheelchairs and mobility
aids. [38.23(b)(10)(ll), 38.83(b)(10)(ll), 38.95(b)(10)(ll), 38.125(b)(10)(ll)]

D Use By Standees

Problem; Many people who cannot climb steps and people who are on crutches or
use walkers have a difficult time boarding a step entry vehicle. Can the platform lift
be used safely by those individuals?

Solution; Lifts shall accommodate persons using walkers, crutches, canes or braces
or who otherwise have difficulty using steps. The lift may be marked to indicate a
preferred standing position. [38.23(b)(12), 38.83(b)(12), 38.95(b)(12), 38.125(b)(12)]

Note: Several transit agencies have initiated successful programs to allow standees
to use lifts with no reported problems. [FTA Study]

5-4-8

n Handrails

Slide Problem: When people use the platform lift, especially persons who stand on the
15 platform, there must be something to hold on to when the lift is in motion. Are
there specific design specifications for handrails?

Solution; Platforms on lifts shall be equipped with handrails, on two sides, which
move in tandem with the lift, and which shall be graspable and provide support to
standees throughout the entire lift operation. Handrails shall have a usable
component at least 8 in (200 mm) long with the lowest portion a minimum 30 in
(760 mm) above the platform and the highest portion a maximum 38 in (965 mm)
above the platform. The handrails shall be capable of withstanding a force of 100
pounds concentrated at any point on the handrail without permanent deformation
of the rail or its supporting structure. The handrail shall have a cross-sectional
diameter between 1-1/4 in (32 mm) and 1-1/2 in (38 mm) or shall provide an
equivalent grasping surface, and have eased edges with comer radii of not less than
1/8 in (3 mm). Handrails shall be placed to provide a minimum 1-1/2 in (38 mm)
knuckle clearance from the nearest adjacent surface. Handrails shall not interfere
with wheelchair or mobility aid maneuverability when entering or leaving the vehicle.
[38.23(b)(13), 38.83(b)(13), 38.95(b)(13), 38.125(b)(13)]

5-4-9

VEHICLE RAMPS OR BRIDGE PLATES

Slides 16, 17

Vehicle ramps or bridge plates can be used on buses, vans, light rail, commuter rail and
intercity rail vehicles. TTie requirements for all of the vehicles are similar. There are
particular situations where the slope of the ramp is affected by vehicle loading and the
variety of areas where the ramp must be deployed. These situations are addressed and
specific requirements are presented.

Checklist of Problems - Specific Design Requirements

Design Load

Surface

Threshold

Edge Protection

Slope

Attachment

Stowage

Handrails

Design Load

Problem: Some of the

than others to accommodate the slope requirements. There are so many different
types of wheelchairs and mobility aids. Some appear to be quite heavy with all the
batteries and other paraphernalia. It seems like some of the longer ramps may not
be strong enough to support the heavier mobility aids. Are there some general
guidelines regarding length and size of load for ramps?

Solution: Ramps or bridge plates 30 in (760 mm) or longer shall support a load of
600 pounds (272 kg), placed at the centroid of the ramp or bridge plate distributed
over an area of 26 in (660 mm) by 26 in (660 mm), with a safety factor of at least
3 based on the ultimate strength of the material. Ramps or bridge plates shorter
than 30 in (760 mm) shall support a load of 300 pounds (136 kg). [38.23(c)(1),
38.83(c)(1), 38.95(c)(1), 38.125(c)(1)]

Note: For a "short" ramp or bridge plate, only the front or rear wheels of a
common wheelchair or mobility aid will be on the surface at any one time, hence,
half the load. No specific measurement technique is prescribed.

5-4-10

□ Surface

Problem; It is important that the ramp be slip resistant, especially when it is wet.
One way to obtain a slip resistant surface is to use a material that has protrusions
or "small bumps" all over the surface. If the "bumps" are too large, the surface is
very difficult to negotiate, especially when the ramp is at its maximum slope.

Slide Solution: The ramp or bridge plate surface shall be continuous and slip resistant,
18 shall not have protrusions from the surface greater than 1/4 in (6 mm) high, shall
have a clear width of 30 in (760 mm) and shall accommodate both four-wheel and
three-wheel mobility aids. [38.23(c)(2), 38.83(c)(2), 38.95(c)(2), 38.125(c)(2)]

Note: Two ramps placed side by side with a gap in the middle will not
accommodate a 3-wheel scooter. Expanded metal or perforated ramps are
permitted.

Threshold

Problem; Sometimes getting on the ramp is difficult because the edge of the ramp
does not have a smooth transition with the platform or sidewalk surface. What is
the maximum vertical difference before some type of threshold or beveled edge
treatment is required?

Solution; The transition from the boarding surface (sidewalk, street or station
platform) to the ramp or bridge plate and the transition from vehicle floor to the
ramp or bridge plate may be vertical without edge treatment up to 1/4 in (6 mm).
Changes in level between 1/4 in (6 mm) and 1/2 in (13 mm) shall be beveled with
a slope no greater than 1:2. [38,23(c)(3), 38.83(c)(3), 38.95(c)(3), 38.125(c)(3)]

n Edge Protection

Slide Problem; Ramps are required to be 30 in (760 mm) wide. This is a sufficient width

19 for most wheelchairs and mobility aids, but for some, it doesn't leave a lot of room

on either side of the ramp. It's possible for a wheelchair to go off to the right or

left a little bit and fall off the ramp. Is there a requirement that some type of

barrier be placed along the edge of the ramp?

Solution; Each side of the ramp or bridge plate shall have barriers at least 2 in (50
mm) high to prevent mobility aid wheels from slipping off. [38.23(c)(4), 38.83(c)(4),
38.95(c)(4), 38.125(c)(4)]

5-4-11

Slope

Problem: The slope of a ramp depends on where it is deployed. For buses and
vans, the locations where a ramp can be deployed vary widely. For light rail,
commuter rail and intercity rail vehicles, the conditions are somewhat controlled.
The loading of the vehicle would change the floor elevation and this could change
the ramp slope, especially for those vehicles that service the same platform areas.

Solution; For buses and vans, ramps shall have the least slope practicable and shall
not exceed 1:4 when deployed to ground level. If the height of the vehicle floor
from which the ramp is deployed is 3 in (75 mm) or less above a 6-in (150-mm)
curb, a maximum slope of 1:4 is permitted; if the height of the vehicle floor from
which the ramp is deployed is 6 in (150 mm) or less, but greater than 3 in (75 mm),
above a 6-in (150-mm) curb, a maximum slope of 1:6 is permitted; if the height of
the vehicle floor from which the ramp is deployed is 9 in (225 mm) or less, but
greater than 6 in (150 mm), above a 6-in (150-mm) curb, a maximum slope of 1:8
is permitted; if the height of the vehicle floor from which the ramp is deployed is
greater than 9 in (225 mm) above a 6-in (150-mm) curb, a slope of 1:12 shall be
achieved. Folding or telescoping ramps are permitted provided they meet all
structural requirements of this section. [38.23(c)(5)]

For light rail, commuter rail and intercity rail vehicles, ramps or bridge plates shall
have the least slope practicable. If the height of the vehicle floor, under 50%
passenger load, from which the ramp is deployed is 3 in (75 mm) or less above the
station platform a maximum slope of 1:4 is permitted; if the height of the vehicle
floor, under 50% passenger load, from which the ramp is deployed is 6 in (150 mm)
or less, but more than 3 in (75 mm), above the station platform a maximum slope
of 1:6 is permitted; if the height of the vehicle floor, under 50% passenger load,
from which the ramp is deployed is 9 in (225 mm) or less, but more than 6 in (150
mm), above the station platform a maximum slope of 1:8 is permitted; if the height
of the vehicle floor, under 50% passenger load, from which the ramp is deployed is
greater than 9 in (225 mm) above the station platform a slope of 1:12 shall be
achieved. Folding or telescoping ramps are permitted provided they meet all
structural requirements of this section. [38.83(c)(5), 38.95(c)(5), 38.125(c)(5)]

5-4-12

Permissible Ramp Slope

Height of Vehicle Floor

above Station Platform

with 50% Loading

Maximum Permissible Ramp Slope

0 in (0 mm) to 3 in (75 mm)
3 in (75 mm) to 6 in (150 mm)
6 in (150 mm) to 9 in (225 mm)

Greater than 9 in (225 mm)

1:4
1:6
1:8
1:12

5-4-13

Attachment

Problem: Depending on how the ramp is attached to the vehicle, it can seem like
it is quite loose and can move from side to side. Also, the gap between the ramp
and the vehicle on some installations appears to be quite large. What are the
requirements for ramp attachment? Are there any requirements which limit the size
of the gap?

Solution: When in use for boarding or alighting, the ramp or bridge plate shall be
attached to the vehicle, or otherwise prevented from moving such that it is not
subject to displacement when loading or unloading a heavy power mobility aid and
that any horizontal gaps between vehicle and ramp or bridge plate, and station
platform and ramp or bridge plate, shall not exceed 5/8 in (16 mm). [38.23(c)(6),
38.83(c)(6), 38.95(c)(6), 38.125(c)(6)]

Problem: What if a ramp is attached to a station platform instead of the vehicle,
are the requirements for ramp attachment and gaps the same?

Solution: Ramp or bridge plates attached to and deployed from a station platform
are permitted in lieu of on-vehicle devices provided the same requirements that were
outlined in the previous Problem/Solution are met. [38.83(c)(6), 38.95(c)(6),
38.125(c)(6)]

□ Stowage

Problem: After boarding the vehicle, the ramp is generally stowed away. Is there
a specific design requirement for stowage of the ramp?

Solution: A compartment, securement system, or other appropriate method shall
be provided to ensure that stowed ramps or bridge plates, including portable ramps
or bridge plates stowed in the passenger area, do not impinge on a passenger's
wheelchair or mobility aid or pose any hazard to passengers in the event of a sudden
stop or maneuver of the vehicle. [38.23(c)(7), 38.83(c)(7), 38.95(c)(7), 38.125(c)(7)]

5-4-14

Handrails

Problem: Many ramps do not have handrails which makes it difficult to negotiate,
especially for a person who is walking up the ramp. Are handrails required on
ramps, and if so, where should they be located? Should the handrails be the same
size as handrails in facilities and onboard the vehicle?

Solution: Handrails on ramps are not required, but if they are provided, they shall
allow persons with disabilities to grasp them from outside the vehicle while starting
to board, and to continue to use them throughout the boarding process, and shall
have the top between 30 in (760 mm) and 38 in (965 mm) above the ramp surface.
The handrails shall be capable of withstanding a force of 100 pounds concentrated
at any point on the handrail without permanent deformation of the rail or its
supporting structure. The handrail shall have a cross-sectional diameter between 1-
1/4 in (32 mm) and 1-1/2 in (38 mm) or shall provide an equivalent grasping surface,
and have eased edges with corner radii of not less than 1/8 in (3 mm). Handrails
shall not interfere with wheelchair or mobility aid maneuverability when entering or
leaving the vehicle. [38.23(c)(8), 38.83(c)(8), 38.95(c)(8), 38.125(c)(8)]

5-4-15

SECUREMENT DEVICES

Securement devices are only required in buses and vans. In vehicles in excess of 22 ft (6.7
m) in length, at least one securement device or system shall secure the wheelchair or
mobility aid facing toward the front of the vehicle. Additional securement devices or
systems shall secure the wheelchair or mobility aid facing forward, or rearward with a
padded barrier, extending from a height of 38 in (965 mm) from the vehicle floor to a
height of 56 in (1420 mm) from the vehicle floor with a width of 18 in (455 mm), laterally
centered immediately in back of the seated individual. In vehicles 22 ft (6.7 m) in length
or less, the required securement device may secure the wheelchair or mobility aid either
facing toward the front of the vehicle or facing rearward, with a padded barrier as
described. Additional securement locations shall be either forward or rearward facing with
a padded barrier. Such barriers need not be solid provided equivalent protection is
afforded. Commuter rail and intercity rail vehicles are required to have a space on the
vehicle which will accommodate a wheelchair. The space shall have a minimum clear floor
area of 48 in (1220 mm) by 30 in (760 mm), but no securement device is required on those
vehicles. The specific design requirements for the securement area and securement devices
for buses and vans follow.

Checklist of Problems - Specific Design Requirements

Design Load

Location and Size

Orientation

Movement

Stowage

Seat Belt and Shoulder Harness

n Design Load

Problem: The differences between vans and buses is quite significant. Are the
specifications for securement devices for these vehicles different? It would seem like
the smaller vehicle would require a stronger securement device so if an accident
does occur, the person with a disability would have more protection. Also, smaller
vehicles seem to move more erratically through traffic and stop and start faster than
a large bus.

Solution: Securement devices on vehicles with GVWR's of 30,000 pounds (13,620
kg) or above, and their attachments to such vehicles, shall restrain a force in the
forward longitudinal direction of up to 2,000 pounds (908 kg) per securement leg
or clamping mechanism and a minimum of 4,000 pounds (1816 kg) for each mobility
aid. Securement systems on vehicles with GVWR's of up to 30,000 pounds (13,620
kg), and their attachments to such vehicles, shall restrain a force in the forward
longitudinal direction of up to 2,500 pounds (1135 kg) per securement leg or
clamping mechanism and a minimum of 5,000 pounds (2270 kg) for each mobility
aid. [38.23(d)(1)]

5-4-16

Note: These requirements are based on actual crash profiles for large and small
vehicles. The reference to "securement leg" is not intended to imply that only a two-
leg securement is specified, only that each leg which would exert force in the
rearward direction have adequate strength.

5-4-17

n Location and Size

Problem; Some securement areas are located too far away from the operator and
this makes it difficult to gain access to the operator when required. The securement
area is often in the same area as some seats and even though the seats can be folded
up, they are generally occupied and the operator must ask the people to move.
Once settled in the securement area, the wheelchair overlaps the aisleway and makes
it difficult for people to pass by when entering and exiting the bus.

Solution: The securement system shall be placed as near to the accessible entrance
as practicable and shall have a clear floor area of 30 in (760 mm) by 48 in (1220
mm). Such space shall adjoin, and may overlap, an access path. Not more than 6
in (150 mm) of the required clear floor space may be accommodated for footrests
under another seat provided there is a minimum of 9 in (225 mm) from the floor
to the lowest part of the seat overhanging the space. Securement areas may have
fold-down seats to accommodate other passengers when a wheelchair or mobility aid
is not occupying the area, provided the seats, when folded up, do not obstruct the
clear floor space required. The securement system shall secure common wheelchairs
and mobility aids and shall either be automatic or easily attached by a person
familiar with the system and mobility aid and having average dexterity. [38.23(d)(2)
and (3)]

Note: The DOT rule requires operators to secure common wheelchairs as best they
can, even if the securement device is not designed for the specific wheelchair. It is
advisable that transit agencies retrofit existing vehicles with current securement
systems.

5-4-18

n Orientation

Slide Problem: It is very difficult to see where the next bus stop is when facing sideways
20 away from the sidewalk side of the bus. Also, the jerky movements of the van or
bus would be easier to withstand if the wheelchair could be pointed in the same
direction as the front of the vehicle. Some vehicles are arranged so the wheelchair
faces toward the rear. When the vehicle stops quickly, it is difficult to prepare for
the stop since the view is out of the rear window and without being prepared the
stopping action could cause a person's neck to be thrown backward.

Solution; In vehicles in excess of 22 ft (6.7 m) in length, at least one securement
device or system shall secure the wheelchair or mobility aid facing toward the front
of the vehicle. In vehicles 22 ft (6.7 m) in length or less, the required securement
device may secure the wheelchair or mobility aid either facing toward the front of
the vehicle or rearward. Additional securement devices or systems shall secure the
wheelchair or mobility aid facing forward or rearward. Where the wheelchair or
mobility aid is secured facing the rear of the vehicle, a padded barrier shall be
provided. The padded barrier shall extend from a height of 38 in (965 mm) from
the vehicle floor to a height of 56 in (1420 mm) from the vehicle floor with a width
of 18 in (460 mm), laterally centered immediately in back of the seated individual.
Such barriers need not be solid provided equivalent protection is afforded.
[38.23(d)(4)]

Movement

Problem; Some securement systems don't seem to be tight enough and when the
vehicle starts or stops, the wheelchair moves quite a bit.

Solution; When the wheelchair or mobility aid is secured in accordance with
manufacturer's instructions, the securement system shall limit the movement of an
occupied wheelchair or mobility aid to no more than 2 in (50 m) in any direction
under normal vehicle operating conditions. [38.23(d)(5)]

n Stowage

Problem: Once in the securement area, there have been times when the securement
device has been vandalized and doesn't work. Also, some securement devices seem
to stick out from the wall of the vehicle and it appears they could be a hazard to
people standing nearby.

Solution; When not being used for securement, or when the securement area can
be used by standees, the securement system shall not interfere with passenger
movement, shall not present any hazardous condition, shall be reasonably protected
from vandalism, and shall be readily accessed when needed for use. [38.23(d)(6)]

5-4-19

n Seat Belt and Shoulder Harness

Slide Problem: Seat belts and shoulder harnesses are required in automobiles for the
21 safety of the passengers. Are they required in vans and buses for persons secured
in the securement area?

Solution: For each wheelchair or mobility aid securement device provided, a
passenger seat belt and shoulder harness, complying with all applicable provisions
of 49 CFR Part 571, shall also be provided for use by wheelchair or mobility aid
users. Such seat belts and shoulder harnesses shall not be used in lieu of a device
which secures the wheelchair or mobility aid itself. [38.23(d)(7)]

Note: This section requires seat and shoulder belts to be provided; whether they are
used is not addressed.

5-4-20

EXERCISES

1. What is the size of a common wheelchair?

(a) 27 in (685 mm) by 54 in (1370 mm)

(b) 30 in (760 mm) by 48 in (1220 mm)

(d) 32 in (815 mm) by 48 in (1220 mm)

2. What is the design load for a platform lift?

(a) 750 pounds (340 kg)

(b) 450 pounds (204 kg)

(d) 600 pounds (272 kg)

3. How high should the barrier (curbing) along the sides of the platform be?

(a) 1 in (25 mm)

(b) 1-1/2 in (38 mm)

(d) 3 in (76 mm)

4. When the side barriers along the platform and the barriers at the front and back of
the platform are raised, what is the maximum gap allowed?

(a) 1/2 in (12 mm)

(b) 5/8 in (16 mm)

(d) 1/4 in (6 mm)

5. How long must the handrails on the platform lift be to comply with the standards?

(a) 24 in (610 mm)

(b) 36 in (915 mm)

(d) 12 in (305 mm)

6. What is the design load for a ramp or bridge plate which is shorter than 30 in (760
mm)?

(a) 250 pounds (114 kg)

(b) 450 pounds (204 kg)

(d) 600 pounds (272 kg)

5-4-21

7. What is the maximum permissible change in elevation at the transition
between the street or platform and the ramp?

(a) 1 in (25 mm)

(b) 5/8 in (16 mm)

(d) 1/2 in (12 mm)

8. How wide must a ramp be to comply with the standards?

(a)

36 in (915 mm)

(b)

27 in (685 mm)

(c)

30 in (760 mm)

(d)

32 in (815 mm)

9. What is the maximum permissible slope for a ramp between the street and the
bus/van floor?

(a) 1:20

(b) 1:12

(d) 1:4

10. What is the maximum permissible slope between the platform and the floor of a
light rail vehicle? Note the platform is 12 in (302 mm) lower than the floor of the
vehicle.

(a)

1:20

(b)

1:12

(c)

1:8

(d)

1:4

11. How high must the handrails on a ramp be above the ramp surface when handrails
are provided?

(a) Between 24 in (610 mm) and 36 in (915 mm)

(b) Between 30 in (760 mm) and 38 in (965 mm)

(d) There is no specification on height.

12. On a transit bus that is longer than 22 feet, what is the minimum number of
wheelchair securement devices which must be provided?

(a) One

(b) Two

(d) Four

5-4-22

13. On a transit bus that is longer than 22 feet, how many forward facing wheelchair
securement devices must be provided?

(a)
(b)
(c)
(d)

One
Two
Three
Four

Can

side faci

(a)
(b)

Yes

14.

15. Can all securement systems on vans (less than 22 feet) be rear facing?
(a) Yes

16. Are securement devices required on rail vehicles?

(a) Yes

(b) No

5-4-23

UNIT 6-1

VEHICLE ENROUTE ACCESSIBILITY

BUSES/VANS

SCOPE

Slide 1

This unit addresses all of the barriers that could be encountered by individuals with
disabilities including individuals who use wheelchairs and mobility aids while they are on
a bus, van or paratransit vehicle. Barriers are encountered as an individual moves from the
entrance vestibule to the seating area, finds the priority seating and gets settled, and, when
appropriate, informs the bus operator of the desired destination. This unit does not
address the barriers encountered by individuals in wheelchairs or mobility aids as they
board the bus and get settled into the securement devices; that portion of the trip for
individuals who use wheelchairs and mobility aids is addressed in Unit 5-4.

6-1-1

DEFINITIONS

Bus: Any of several types of self-propelled vehicles, generally rubber-tired, intended for
use on city streets, highways, and busways, including but not limited to mini buses, forty-
and thirty-foot buses, articulated buses, double-deck buses and electrically powered trolley
buses used by public entities to provide designated public transportation service and by
private entities to provide transportation service, including but not limited to, specified
public transportation service. Self-propelled, rubber-tired vehicles designed to look like
antique or vintage trolleys are considered buses.

Over-the-Road Bus: A bus characterized by an elevated passenger deck located over a
baggage compartment.

New Vehicle: A vehicle (bus) which is offered for sale or lease after manufacture without
any prior use.

Used Vehicle: A vehicle with prior use.

Remanufactured Bus: A bus which has been structurally restored and has had new or
rebuilt major components installed to extend its service life by 5 years or more.

Fixed Route System: A system of transporting individuals, including the provision of
designated public transportation service by public entities and the provision of
transportation service by private entities, including, but not limited to, specified public
transportation service, on which a vehicle is operated along a prescribed route according
to a fixed schedule.

Demand Responsive System: Any system of transporting individuals, including the
provision of designated public transportation service by public entities and the provision of
transportation service by private entities, including, but not limited to, specific
transportation service which is not a fixed route system.

6-1-2

APPLICABLE STANDARDS

49 CFR Part 37
Subpart D

49 CFR 37.71
49 CFR 37.73
49 CFR 37.75

49 CFR 37.77

49 CFR Part 38
Subpart B

49 CFR 38.21

49 CFR 38.25

49 CFR 38.27

49 CFR 38.29

49 CFR 38.35

49 CFR 38.37

Acquisition of Accessible Vehicles by Public
Entities

Purchase and Lease of New Non-Rail Vehicles
by Public Entities Operating Fixed* Route
Systems

Purchase and Lease of Used Non-Rail Vehicles
by Public Entities Operating Fixed Route
Systems

Remanufacture of Non-Rail Vehicles and
Purchase and Lease of Remanufactured Non-
Rail Vehicles by Public Entities Operating Fixed
Route Systems

Purchase and Lease of New Non-Rail Vehicles
by Public Entities Operating a Demand
Responsive System for the General Public

Buses, Vans and Systems

General

Door Step Thresholds (Aisles, Floors)

Priority Seating Signs

Interior Circulation, Handrails and Stanchions

Public Information Systems

Stop Request

6-1-3

PROBLEMS AND SOLUTIONS

The problems or barriers individuals with disabilities encounter once on board the bus will
be addressed at two levels of detail. The first level, General Requirements, will define the
buses that must be made accessible. The Specific Design Requirements, the second level
of detail, address the design specifications for each element that is required for a bus to be
considered accessible.

Checklist of Problems - General Requirements

n Accessibility of New Buses

□ Accessibility of Used Buses

n Accessibility of Remanufactured Buses

□ Existing Inaccessible Buses —

□ Operation and Maintenance

□ Accessibility of New Buses

Problem; A public entity that operates a fixed route bus system is preparing a
solicitation for new buses. The solicitation will be ready for advertisement in one
month. Does the solicitation have to require accessible buses?

Solution; Yes. Each public entity operating a fixed route system making a
solicitation after October 6, 1991 to purchase or lease a new bus or other new
vehicle for use on the system, shall ensure the vehicle is readily accessible to and
usable by individuals with disabilities including individuals who use wheelchairs and
complies with the standards in 49 CFR Part 38. [37.71(a)]

6-1-4

Problem: A public entity operating a fixed route bus system publicly advertised for
the lease of several hundred buses. The advertisement specified that the buses had
to be readily accessible and usable by persons with disabilities including individuals
who use wheelchairs. The low bidder was selected and a contract was awarded.
Several months after contract award, the lessee requested a modification to the lease
agreement which would exclude the accessibility feature on fifty percent of the buses
because there was no qualified manufacturer of lifts that could provide the -number
of lifts required. Can the public entity change the lease agreement?

Solution: A public entity may purchase or lease a new bus that is not readily
accessible to and usable by individuals with disabilities, including individuals who use
wheelchairs, if it applies for, and the FTA Administrator grants, a waiver as
provided in this section.

Before submitting a request for such a waiver, the public entity shall hold at least
one public hearing concerning the proposed request.

The FTA Administrator may grant a request for such a waiver if the public entity
demonstrates to the FTA Administrator's satisfaction that -

o The initial solicitation for new buses made by the public entity
specified that all new buses were to be lift-equipped and were to be
otherwise accessible to and usable by individuals with disabilities;

o Hydraulic, electromechanical, or other lifts for such new buses could
not be provided by any qualified lift manufacturer to the manufacturer
of such new buses in sufficient time to comply with the solicitation;
and

o Any further delay in purchasing new buses equipped with such
necessary lifts would significantly impair transportation services in the
community served by the public entity.

The public entity shall include with its waiver request a copy of the initial solicitation
and written documentation from the bus manufacturer of its good faith efforts to
obtain lifts in time to comply with the solicitation, and a full justification for the
assertion that the delay in bus procurement needed to obtain a lift-equipped bus
would significantly impair transportation services in the community. This
documentation shall include a specific date at which the lifts could be supplied,
copies of advertisements in trade publications and inquiries to trade associations
seeking lifts, and documentation of the public hearing. [37.71(b)(c)(d)(e)]

6-1-5

Problem: A public entity has submitted a waiver request to FTA. The waiver
request clearly demonstrates that all of the conditions for a waiver have been met
by the public entity. What actions must FTA take in granting and properly
documenting the waiver, and what conditions, if any, should be contained in the
waiver?

Solution; Any waiver granted by the FTA Administrator under this section -shall be
subject to the following conditions:

o The waiver shall apply only to the particular bus delivery to which the
waiver request pertains;

o The waiver shall include a termination date, which will be based on
information concerning when lifts will become available for installation
on the new buses the public entity is purchasing. Buses delivered
after this date, even though procured under a solicitation to which the
waiver applied, shall be equipped with lifts;

o Any bus obtained subject to the waiver shall be capable of accepting
a lift, and the public entity shall install a lift as soon as one becomes
available;

o Such other terms and conditions as the FTA Administrator may

impose.

When the FTA Administrator grants a waiver under this section, he/she shall
promptly notify the appropriate committee of Congress. If the FTA Administrator
has reasonable cause to believe that a public entity fraudulently applied for a waiver
under this section, the FTA Administrator shall:

o Cancel the waiver if it is still in effect; and

o Take other appropriate action. [37.71(f)(g)]

6-1-6

Problem: A public entity operating a demand responsive system is preparing a
solicitation for new vehicles. The solicitation will be ready for advertisement in one
month. Does the solicitation have to require accessible vehicles?

Solution; A public entity operating a demand responsive system for the general
public, making a solicitation after October 6, 1991, to purchase or lease a new bus
or other new vehicle for use on the system shall ensure that the vehicle complies
with Part 38, EXCEPT if the system, when viewed in its entirety, provides a level
of service to individuals with disabilities including individuals who use wheelchairs,
equivalent to the level of service it provides to individuals without disabilities, then
the public entity may purchase new vehicles that are not readily accessible.
[37.77(a)(b)]

Note: For each new vehicle purchased, ask the question, "Do I have enough
accessible vehicles?" If the answer is no, the vehicle must meet Part 38 standards;
if yes, it does not.

Problem: How is equivalent level of service between individuals with disabilities
including individuals who use wheelchairs and individuals who are not disabled
determined and documented?

Solution: A demand responsive system, when viewed in its entirety, shall be deemed
to provide equivalent service if the service available to individuals with disabilities,
including individuals who use wheelchairs, is provided in the most integrated setting
appropriate to the needs of the individual and is equivalent to the service provided
other individuals with respect to the following service characteristics:

(1) Response time;

(2) Fares;

(3) Geographic area of service;

(4) Hours and days of service;

(5) Restrictions or priorities based on trip purpose;

(6) Availability of information and reservations capability; and

(7) Any constraints on capacity or service availability.

Before procuring an inaccessible vehicle, public entities must file a certificate
showing that equivalent service is provided to individuals with disabilities and other
persons. The certificate should be filed as follows: [37.77(c)(d)]

6-1-7

Public Entity:

File Certificate:

Receiving FTA Section 18 Funds

With Appropriate State Program Office

Receiving FTA Section 9 Funds from a
State Administering Agency

With Appropriate State Program Office

Receiving Any Other FTA Funds and
Operating Demand Responsive Service

With Appropriate FTA Regional O'ffice

Receiving NO FTA Funds

In Public Entity Files for Inspection by
FTA

Problem; Can a waiver from the FTA be granted for vehicles operating on a
demand responsive system similar to vehicles operating on a fixed route system?

Solution; Yes. The waiver procedures and documentation/approval process is the
same for a vehicle operating on a demand responsive system as it is for a vehicle
operating on a fixed route system. [37.79]

Accessibility of Used Buses

Problem; A public entity is preparing a solicitation to purchase used buses which
can be operated on its fixed route system. The solicitation will be ready for
advertisement in approximately two months. Does the solicitation have to require
accessible buses?

Solution; Each public entity operating a fixed route system purchasing or leasing,
after October 6, 1991, a used bus or other vehicle for use on the system, shall ensure
that the vehicle complies with Part 38 standards.

A public entity may purchase or lease a used vehicle for use on its fixed route
system that is not readily accessible to and usable by individuals with disabilities if,
after making demonstrated good faith efforts to obtain an accessible vehicle, it is
unable to do so. [37.73(a)(b)]

6-1-8

Problem: What constitutes good faith efforts to obtain an accessible used vehicle?
Solution: Good faith efforts shall include at least the following steps:

(1) An initial solicitation for used vehicles specifying that all used vehicles
are to be lift-equipped and otherwise accessible to and usable by
individuals with disabilities, or, if an initial solicitation is not used, a
documented communication so stating;

(2) A nationwide search for accessible vehicles, involving specific inquiries
to used vehicle dealers and other transit providers; and

(3) Advertising in trade publications and contacting trade associations.

Each public entity purchasing or leasing used vehicles that are not readily accessible
to and usable by individuals with disabilities shall retain documentation of the
specific good faith efforts it made for three years from the date the vehicles were
purchased. These records shall be made available, on request, to the FTA
Administrator and the public. [37.73(c)(d)]

Problem: A transit authority operates a large bus fleet on a fixed route system. The
fleet is aging. A plan has been developed to extend the useful life of the fleet by
purchasing several hundred remanufactured buses and to set up a rebuild process
at the largest garage on the property so the transit authority can remanufacture its
own buses. Most of the buses scheduled to be remanufactured on property are not
accessible. Do the remanufactured buses that are to be purchased have to be
accessible? Do the buses that are to be remanufactured by the transit authority
have to be made accessible?

Solution; If a public entity purchases or leases a remanufactured bus or
remanufactures a bus after August 25, 1990, and the useful life of the bus is
extended by 5 years due to the remanufacture process, then the remanufactured
buses must, to the maximum extent feasible, be readily accessible and usable by
individuals with disabilities, including individuals who use wheelchairs. Also, if the
agency remanufactures buses to extend their life 5 years or more, they must meet
Part 38 to the maximum extent possible. [37.75(a)(b)]

Note: The requirement does not apply to an overhaul that is not designed to extend
the life beyond its normal useful life.

6-1-9

Problem: What is the definition of maximum extent feasible as used in the previous
problem:

Solution: It shall be considered feasible to remanufacture a bus or other motor
vehicle so as to be readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs, unless an engineering analysis
demonstrates that including accessibility features required by this part would have
a significantly adverse effect on the structural integrity of the vehicle. [37.75(c)]

6-1-10

n Existing Inaccessible Buses

Problem; Almost fifty percent of the bus fleet in a large metropolitan area is not
equipped with lifts, ramps or other boarding devices. Does the ADA require that
all of these existing inaccessible buses be retrofitted with lifts or ramps?

Solution: The ADA Accessibility Guidelines for Vehicles does not require that
inaccessible buses be retrofitted with lifts, ramps or other boarding devices.
[38.21(b)]

Problem; The agency is planning to refurbish the interior of some buses. Do they
need to be made accessible?

Solution; If elements covered by Part 38 are altered, they must meet the new
standards to the maximum extent feasible. If handrails are modified or replaced,
they must meet the handrail requirements; if flooring is replaced, it must be slip
resistant. If the lift is replaced, the new lift must meet the new standards, to the
extent feasible.

Note: If the door isn't wide enough to accommodate a Part 38 lift, the widest lift
feasible would be installed.

n Operation and Maintenance

Problem; The local public bus system is equipped with on-board public address
(PA) systems. At one time, the drivers were supposed to announce each stop over
the PA system. I have never heard a driver use the system. One operator told me
that it was not required under the union contract.

Solution; The DOT Rule requires that the entity (public and private) use the
equipment it has. The operator is required to use the PA system to announce stops
unless he can be heard throughout the bus without the PA system. On fixed route
systems, the entity shall announce stops as follows:

(1) The entity shall announce at least at transfer points with other fixed routes,
other major intersections and destination points, and intervals along a route
sufficient to permit individuals with visual impairments or other disabilities to be
oriented to their location.

(2) The entity shall announce any stop on request of an individual with a disability.
[37.167]

6-1-11

Problems and solutions related to specific design requirements address those barriers that
disabled persons encounter fi-om the time when they have boarded the bus and the bus
doors have closed (for disabled persons in wheelchairs after they are secured in a
securement location) until they have located and requested the bus to stop at their
intended destination. If portions of the vehicle are modified in any way that affects or
could affect accessibility, each such portion shall comply with the specific design
requirements.

Checklist of Problems - Specific Design Requirements

□ Interior Circulation, Handrails and Stanchions

□ Floors, Aisles

□ Priority Seating Signs

n Public Information Systems -

□ Stop Request

6-1-12

D Interior Circulation, Handrails and Stanchions

Solution: On transit buses, interior handrails and stanchions shall permit sufficient
Slide turning and maneuvering space for wheelchairs and other mobility aids to reach a
2 securement location from the lift or ramp. Securement area clear floor space
dimensions are specified in the DOT Rule. The DOT vehicle specifications do not
specifically prescribe the minimum dimensions for the vestibule or aisles. Even
though there are no specific requirements, ADAAG should be used as follows:

Door width: Clear door width is generally required to be 32 in (815 mm)
minimum. Door width is not specified for buses because it will generally be
controlled by the minimum lift width.

Aisle widths: ADAAG 4.2 Space Allowance and Reach Ranges - The
minimum clear width for single wheelchair passage shall be 32 in (815 mm)
at a point and 36 in (915 mm) continuously.

Securement area: The minimum clear floor area required to accommodate
a single stationary wheelchair and occupant is 30 in (760 mm) by 48 in (1220
mm). [38.23(d)(2)]

6-1-13

Problem; When paying the fare, there is nothing stable to lean against or hold onto
as you pay. Sometimes, the driver starts moving the bus while people are still paying
the fare and they must hold onto the stanchions across the aisle from the fare box.
A person with a walking disability finds that difficult.

Solution: On transit buses longer than 22 ft (6.7 m) and on over-the-road buses
Slide where on-board fare collection devices are used, a horizontal passenger assist
3 (handrail, grab bar or other appropriate surface) shall be located across the front

of the vehicle between boarding passengers and the fare collection device to prevent
passengers from sustaining injuries on the fare collection device or the bus
windshield in the event of a sudden deceleration. This horizontal passenger assist
must not restrict the vestibule space and must provide support for the boarding
passenger from the doorway through the boarding process. The passenger assist
shall be secured and designed such that passengers are able to lean against the assist
for security while paying fares. [38.29(b), 38.155(a)]

Problem; Once on board the bus, often times the driver starts to move before
everyone is seated. Sometimes it is difficult to negotiate the aisleway without
anything to hold on to.

Solution; For vehicles in excess of 22 ft (6.7 m) in length, overhead handrail(s) shall
Slide be provided which shall be continuous except for a gap at the rear doorway.
4 [38.29(c)]

Problem; In the areas of the bus where the seats are facing sideways, it is difficult
to stand while the bus is moving. There doesn't seem to be enough handrails or
vertical stanchions to hold onto so one can move around the bus safely.

Solution: Handrails and stanchions shall be sufficient to permit safe boarding, on
Slide board circulation, seating and standing assistance, and alighting by persons with
5 disabilities. [38.29(d)]

Solution: Handrails used on transit buses and over-the-road buses shall have a grab
Slide bar with a cross-sectional diameter between 1-1/4 in (32 mm) and 1-1/2 in (38 mm)
6 or shall provide an equivalent grasping surface. Edges on the handrail shall be

rounded and have a minimum radius of 1/8 in (3.2 mm). All handrails shall be
placed and mounted so there is a minimum 1-1/2 in (38 mm) space between the
grasping surface and the adjacent surface. [38.29(b), 38.155(a)]

6-1-14

Problem: Once the wheelchair lift has raised the wheelchair to the same level as the
bus aisle floor, the individual in the wheelchair must negotiate through the fare
box/driver vestibule area to the securement area. The placement of the vertical
stanchion is critical because the foot rest of the wheelchair can hit the stanchion as
the turning movement is made if there is not enough clear floor space to maneuver
the wheelchair around the comer.

Solution: For vehicles in excess of 22 ft (6.7 m) in length with front-door lifts or
Slide ramps, vertical stanchions immediately behind the driver shall either terminate at the
7 lower edge of the aisle-facing seats, if applicable, or be "dog-legged" so that the floor

attachment does not impede or interfere with wheelchair footrests. If the driver seat
platform must be passed by a wheelchair or mobility aid user entering the vehicle,
the platform, to the maximum extent practicable, shall not extend into the aisle or
vestibule beyond the wheel housing. [38.29(e)]

Problem: When the individual in the wheelchair moves between the lift platform,
through the vestibule area and down the aisle and into the securement area, it is
important that there are no overhead objects that could obstruct this path of travel.
How much distance should there be between the floor and the overhead handrails
to ensure that individuals in wheelchairs have sufficient headroom to move from the
ramp platform to the securement area?

Solution; For vehicles in excess of 22 ft (6.7 m) in length, the minimum interior
Slide height along the path from the lift to the securement location shall be 68 in (1730
8 mm). For vehicles of 22 ft (6.7 m) in length or less, the minimum interior height

from lift to securement location shall be 56 in (1420 mm). [38.29(f)]

6-1-15

n Floors and Aisles

Problem: When it is raining or snowing the aisleways in the bus get wet from all the
traffic moving in and out of the bus. Some floor surfaces are quite slippery when
they get wet, making it difficult for individuals with disabilities to negotiate the
aisleway especially when the bus is moving.

Solution: All aisles and floor areas where people walk and floors in securement
locations shall have a slip-resistant surface. [38.25(a)]

Problem: In developing a specification for a new bus procurement, what standard
should be used to ensure that the floor area and steps are provided with the
mandated "slip resistant" surface?

Slide Solution: There is not specific requirement, but an appendix recommends the
9 coefficient of friction as the appropriate descriptor to measure slip resistance. The

coefficient of fiiction is the ratio between the force necessary to move one surface
over another surface and the pressure between the two surfaces. For example, the
coefficient of friction for cast iron on oak is 38:100 or 0.38. A research project
conducted with persons with disabilities concluded that a static coefficient of friction
of 0.6 was appropriate for steps, floors and lift platforms and a coefficient of friction
of 0.8 was desirable for ramps.

6-1-16

□ Priority Seating Signs

Problem: Once on the bus, it is difficult to tell where the priority seating is located.
The priority seating signs are often missing and on some buses they have never been
installed. Generally, the priority seats are located in the front of the bus facing
sideways. It is difficult to sit sideways on the bus especially when the bus is stopping
and starting in heavy traffic.

Solution; Each vehicle shall contain sign(s) which indicate that seats in the front of
Slide the vehicle are priority seats for persons with disabilities, and that other passengers
10 should make such seats available to those who wish to use them. At least one set

of forward-facing seats shall be so designated. Each securement location shall have

a sign designating it as such.

Note: Forward facing seats are not required where all seats are aisle-facing.

Problem: Many of the priority seating signs are so small that people with vision
impairments cannot read them. Also, on some of the buses, the background of the
priority seat sign is almost the same color as the lettering which makes it difficult
to see and read.

Solution: Characters on signs shall have a width-to-height ratio between 3:5 and 1:1
and a stroke width-to-height ratio between 1:5 and 1:10, with a minimum character
height (using an upper case "X") of 5/8 in (16 mm) with "wide" spacing (generally,
the space between letters shall be 1/16 the height of upper case letters), and shall
contrast with the background either light-on-dark or dark-on-light. [38.75]

Raised or Braille characters or pictorial symbol signs, are not required, but could be
used to make it easier for persons with low vision or persons who are blind to tell
where the priority seating is located. If a pictorial symbol is used, the international
symbol of accessibility should be used. The border dimensions of the pictorial shall
be 6 in (152 mm) minimum in height. If raised letters are used they shall be raised
1/32 in (0.8 mm), upper case, sans serif or simple serif type and shall be
accompanied with Grade 2 Braille. The raised characters shall be at least 5/8 in (16
mm) high but no higher than 2 in (50 mm). [4.30.4]

6-1-17

n Public Information Systems

Problem: It is difficult for persons with vision impairments to tell when the bus is
approaching their stop. Since the bus does not automatically stop at all bus stops
and a stop request signal must be used, it would be good if the bus driver could
announce each stop, or at a minimum, announce when the bus approaches major
intersections along the route.

Solution; Vehicles in excess of 22 ft (6.7 m) in length, used in multiple-stop, fixed
route service, shall be equipped with a public address system permitting the driver,
or recorded and digitized human speech messages, to announce stops and provide
other passenger information within the vehicle. [38.27(a)] In addition, the DOT
rule requires drivers to announce certain stops. [37.167(b)]

Note: Some systems have external P.A. systems and some electronic head signs
announce route designation whenever the door opens

n Bus Stop Request

Problem: Individuals secured on the bus at the securement area generally tell the
bus operator where they are going and where they would like to stop and get off the
bus. Sometimes the bus driver forgets and overruns the stop which makes it very
inconvenient for a person in a wheelchair.

Solution: Where passengers may board or alight at multiple stops at their option.
Slides vehicles in excess of 22 ft (6.7 m) in length shall provide controls adjacent to the
11,12 securement location for requesting stops and which alert the driver that a mobility

aid user wishes to disembark. Such a system shall provide auditory and visual

indications that the request has been made. [38.37(a)]

Problem: The stop request mechanism located on the wall of the bus near the
wheelchair securement area is out of reach for some individuals who use the
securement area. What are the design requirements to accommodate the reach
limitations for persons who are in wheelchairs or mobility aids?

Solution: Controls for the stop request in the securement area shall be mounted no
higher than 48 in (1220 mm) and no lower than 15 in (380 mm) above the floor
shall be operable with one hand and shall not require tight grasping, pinching, or
twisting of the wrist. The force required to activate controls shall be no greater than

5 Ibf (22.2 N). [38.37(b)]

6-1-18

EXERCISES

1. On transit buses that are longer than 22 feet where onboard fare collection is used,
what are the requirements for handrails around the fare collection area?

(a) A horizontal handrail should be placed around the fare box.

(b) A vertical stanchion should be placed on each comer of the fare box.

(c) A horizontal handrail should be located across the front of the vehicle
between boarding passengers and the fare box.

2. On transit buses that are longer than 22 feet, where should the overhead handrails
be located?

(a) One small handrail should be placed above each seat.

(b) Continuous handrails should be placed along the total length of the bus over
each side of the aisle.

3. How far away from the wall should the handrail be placed so people can grab the
handrail easily?

(a) 1 in (25 mm)

(b) 1-1/4 in (32 mm)

(d) 2 in (50 mm)

4. On a transit bus that is longer than 22 feet, what is the minimum acceptable clear
height for handrails along the path from the platform lift to the securement areas?

(a) 56 in (1420 mm)

(b) 60 in (1220 mm)

(d) 72 in (1830 mm)

5. All of the seats on a bus face toward the aisle. How many seats should be
designated as priority seating?

(a) one set

(b) two sets

6-1-19

6. Is a public address system required on a transit bus that is longer than 22 feet?

(a) Yes

(b) No

7. What is the range above the floor of a bus where the stop request control can be
located?

(a) 15 in (380 mm) to 48 in (1220 mm)

(b) 9 in (230 mm) to 54 in (1370 mm)

(d) 6 in (150 mm) to 24 in (610 mm)

6-1-20

UNIT 6-2

VEHICLE ENROUTE ACCESSIBILITY

RAPID RAIL VEHICLES

SCOPE

The Dejpartment of Transportation rules implementing tiie vehicle accessibility
requirements of ADA can be found at two levels of detail. The first area which addresses
the more general requirements is 49 CFR Part 37, Subpart D - Acquisition of Accessible
Vehicles by Public Entities and Subpart E - Acquisition of Accessible Vehicles by Private
Entities. The second more specific design criteria is contained in 49 CFR Part 38, ADA
Accessibility Specifications for Transportation Vehicles,* Subpart C - Rapid Rail Vehicles
and Systems.

Slide 1

This unit addresses all of the barriers that could be encountered by individuals with
disabilities, including individuals who use wheelchairs and mobility aids once they are on
board the rapid rail vehicle. Barriers are encountered as the individual moves from the
entrance vestibule to the seating area, finds the priority seating and gets settied, moves
between vehicles, gathers information during the trip and locates the desired destination.

6-2-1

DEnNITIONS

Rapid Rail: A subway- type transit vehicle railway operated on exclusive private rights of
way with high level boarding platform stations. Rapid rail may also operate on elevated
and at grade level track separated from other traffic.

New Rapid Rail Vehicle: A rapid rail vehicle which is offered for sale or lease after
manufacture without any prior use.

Used Rapid Rail Vehicle: A rapid rail vehicle with prior use.

Remanufactured Rapid Rail Vehicle: A rapid rail vehicle which has been structurally
restored and has had new or rebuilt major components installed to extend its service life
by 5 years.

Retrofitted Vehicle: A vehicle that has been modified to the extent necessary to comply
with the specific accessibility standards required by the One Car Per Train Rule.

6-2-2

APPLICABLE STANDARDS

49 CFR Part 37
Subpart D

49 CFR 37.79

49 CFR 37.81
49 CFR 37.83

49 CFR 37.93

49 CFR Part 38
Subpart C

49 CFR 38.51

49 CFR 38.53

49 CFR 38.55

49 CFR 38.57

49 CFR 38.59

49 CFR 38.61

49 CFR 38.63

10.3.1(5)

10.3.2(2)

Acquisition of Accessible Vehicles by Public Entities

Purchase and Lease of New Rail Vehicles by Public
Entities Operating Rapid or Light Rail Systems

Purchase and Lease of Used Rail Vehicles by Public
Entities Operating Rapid or Light Rail Systems

Purchase and Lease of Remanufactured Rail Vehicles
by Public Entities Operating Rapid or Light Rail
Systems

One Car Per Train Rule

Rapid Rail Vehicles and Systems

General

Doorways

Priority Seating Signs

Interior Circulation, Handrails and Stanchions

Floor Surfaces

Public Information Systems

Between Car Barriers

ADAAG Fixed Facilities and Stations, New
Construction

ADAAG Fixed Facilities and Stations, Existing
Facilities, Key Stations

6-2-3

PROBLEMS AND SOLUTIONS

The problems or barriers individuals with disabilities encounter once on board a rapid rail
vehicle will be addressed at two levels of detail. The first level of detail, General
Requirements, address which rapid rail cars must be made accessible. To be considered
accessible, new, used, and remanufactured rapid rail vehicles must comply with specific
design requirements. The Specific Design Requirements, the second level of detail,* address
the design specifications for each element that is required for a rapid rail vehicle to be
considered accessible.

Checklist of Problems - General Requirements

n Accessibility of New Rapid Rail Vehicles

□ Accessibility of Used Rapid Rail Vehicles -

□ Accessibility of Remanufactured Rapid Rail Vehicles
n One Car Per Train Rule

G Accessibility of New Rapid Rail Vehicles

Problem: A public transit authority is preparing a specification to purchase new
rapid rail vehicles. The solicitation is scheduled to be advertised publicly two
months from now. Do the ADA Vehicle Specifications apply to this specification?

Solution; Yes, each public entity operating a rapid rail system making a solicitation
after October 6, 1991 to purchase or lease a new rapid rail vehicle for use on the
system shall ensure that the vehicle is readily accessible to and usable by individuals
with disabilities including individuals who use wheelchairs. [37.79] A vehicle is
considered accessible if it complies with Part 38 standards.

Accessibility of Used Rapid Rail Vehicles

Problem: A public transit authority is negotiating with another transit authority to
purchase some used rapid rail vehicles. Negotiations started two weeks ago and
should be concluded by the end of next month. Will the purchasing authority have
to make the used vehicles comply with the ADA Vehicle Standards?

Solution; Each public entity operating a rapid rail system that purchases or leases
a used rapid rail vehicle after October 6, 1991 for use on its system shall ensure that
the vehicle is readily accessible to and usable by individuals with disabilities
including individuals who use wheelchairs and complies with Part 38.

A public entity may purchase and lease a used rapid rail vehicle that is not readily
accessible if after making demonstrated good faith efforts to obtain an accessible
vehicle it is unable to do so.

6-2-4

Note: The one-car-per-train rule requires each public entity providing rapid rail
service to ensure that each train consisting of two or more vehicles, includes at least
one car that is accessible as soon as practicable, but in no case later than July 25,
1995. Thus, care should be taken to ensure that this requirement can be met over
the entire fleet [37.93(c)] [38.51(c)]

Problem: What are the good faith efforts that must be made when trying to
purchase a readily accessible used rapid rail vehicle? How does the public entity
document the good faith efforts?

Solution; Good faith efforts shall include at least the following steps:

(2) A nationwide search for accessible vehicles, involving specific inquiries
to manufacturers and other transit providers; and

(3) Advertising in trade publications and contacting trade associations.

Each public entity purchasing or leasing used rapid rail vehicles that are not readily
accessible to and usable by individuals with disabilities shall retain documentation
of the specific good faith efforts it made for three years from the date the vehicles
were purchased. These records shall be made available, on request, to the FTA
Administrator and the public.

n Accessibility of Remanufactured Rapid Rail Vehicles

Problem: A transit authority plans to remanufacture some of its rapid rail vehicles
and purchase some remanufactured vehicles. Do the rapid rail vehicles have to
meet the vehicle accessibility specifications?

Solution: Yes, if a rapid rail vehicle is remanufactured so as to extend its useful life
for five years or more, it shall, to the maximum extent feasible be readily accessible
to and usable to individuals with disabilities, including individuals who use
wheelchairs. An entity shall not purchase or lease a remanufactured vehicle which
does not comply with Part 38 to the maximum extent feasible. [37.83(b)]

6-2-5

Problem: One of the rapid rail lines on a particular system is included on the
National Register of Historic Places. The vehicles operated on the lines are
considered historic. The vehicles are scheduled to be remanufactured so that the
service life can be extended for another seven years. Do these "historic vehicles"
have to be made accessible?

Solution: If a public entity operates a rapid rail system any segment of which is
included on the National Register of Historic Places and if making a rapid rail
vehicle of historic character used solely on such segment readily accessible to and
usable by individuals with disabilities would significantly alter the historic character
of such vehicles, the public entity need only make (or purchase or lease a
remanufactured vehicle with) those modifications that do not alter the historic
character of such vehicles. [37.83(d)]

n One-Car-Per-Train Rule

Problem: What is the One-Car-Per-Train Rule and what are the dates for
implementation?

Solution: Each public entity providing rapid rail service shall ensure that each train,
consisting of two or more vehicles, includes at least one car that is readily accessible
as soon as practicable but in no case later than July 25, 1995.

Existing vehicles which are retrofitted to comply with the "one-car-per-train rule"
shall have priority seating signs [38.55], adequate handrails and at least two areas
for wheelchair or mobility aid users [38.57(b)], and slip resistant floors [38.59]. At
new key stations, at least one door with proper signage [38.53(b)], 32 in (810 mm)
wide [38.53(a)(1)], and a horizontal gap no bigger than 4 in (100 mm) and vertical
displacement no more than 2 in (50 mm). Removal of seats is not required.
Vehicles previously designed and manufactured in accordance with the accessibility
requirements of 49 CFR 609 or the Secretary of Transportation regulations
implementing section 504 of the Rehabilitation Act of 1973 that were in effect
before October 7, 1991, and which can be entered and used from stations in which
they are to be operated, may be used to satisfy the requirements of the one-car-per-
train rule.

Note: If there are vehicles in your fleet which were deemed accessible under
previous (504) rules, and they can be entered and used in the stations in which you
now plan to operate them, they can be used to satisfy the one-car-per-train rule.

6-2-6

Problems and solutions related to specific design requirements address those barriers that
disabled persons and persons in wheelchairs encounter from the time when they have
boarded the vehicle and the doors have closed until they reach their intended station stop.
These barriers are encountered as they move within the vehicle to get settled for the trip,
as they move between vehicles and as they approach the various stops along their route.
If portions of the vehicle are modified in such a way that it affects or could affect
accessibility, each such portion shall comply, to the extent practicable, with the- specific
design requirements.

Checklist of Problems - Specific Design Requirements

n Interior Circulation, Handrails and Stanchions

D Floors

□ Priority Seating

□ Doorways Connecting Vehicles
n Public Information Systems

□ Platform Signage

n Interior Circulation, Handrails and Stanchions

Problem; Once on the vehicle, it is difficult to move about within the vehicle/car
when it is moving, accelerating or decelerating.

Solution; Handrails and stanchions shall be provided to assist safe boarding, on
board circulation, seating and standing assistance and alighting by persons with
disabilities. [38.57]

6-2-7

Problem: The area immediately inside of the doors is always crowded with people
Slide which makes it very difficult to maneuver a wheelchair through the area to a place
2 where there is enough room to get settled out of the way of other passengers. On

many vehicles, the vertical stanchions between the floor and ceiling are arranged and
laid out so that you have to approach them from a specific angle with the wheelchair
to be able to pass between them. Also, on some vehicles the seats nearest to the
entryway take up space that could be used to position a wheelchair out of«the way
from other passengers.

Solution: Handrails, stanchions and seats shall allow a route at least 32 in (815 mm)
wide so that at least two wheelchair or mobility aid users can enter the vehicle and
position the wheelchairs or mobility aids in areas, each having a minimum clear
space of 48 in (1220 mm) by 30 in (765 mm) which do not unduly restrict movement
of other passengers. Space to accommodate wheelchairs and mobility aids may be
provided within the normal area used by standees and designation of specific spaces
is not required. Particular attention shall be given to ensuring maximum
maneuverability immediately inside doors. Ample vertical stanchions from ceiling
to seatback rails shall be provided. Vertical stanchions from ceiling to floor shall
not interfere with wheelchair or mobility aid user circulation and shall be kept to a
minimum in the vicinity of doors. [38.57]

Problem; Some of the handrails are difficult to grasp. Some have very sharp edges
which seem to be dangerous if a person was to fall on them.

Solution: Handrails shall have a cross-sectional diameter between 1-1/4 in (32 mm)
Slide and 1-1/2 in (38 mm) or shall provide an equivalent grasping surface and have eased
3 edges with comer radii of not less than 1/8 in (3 mm). Handrails shall be placed to

provide a minimum 1-1/2 in (38 mm) knuckle clearance from the nearest adjacent

surface. [38.57]

D Floors

Solution: Floor surfaces on aisles, places for standees, and areas where wheelchairs
and mobility aid users are to be accommodated are to be slip resistant on all rapid
rail vehicles. [38.59]

6-2-8

Problem: In developing a specification for a new rail car procurement, what
standard should be used to ensure that the floor area is provided with the mandated
"slip resistant" surface?

Solution; There is no specific requirement, but an appendix note recommends the
coefficient of friction as the appropriate descriptor to measure slip resistance. The
coefficient of friction is the ratio between the force necessary to move one surface
over another surface and the pressure between the two surfaces. For example, the
coefficient of friction for cast iron on oak is 38:100 or 0.38. A research project
conducted with persons with disabilities concluded that a static coefficient of friction
of 0.6 was appropriate for steps, floors and lift platforms and a coefficient of friction
of 0.8 was desirable for ramps.

Solution; The ADA Accessibility Specifications for Transportation Vehicles does
Slide not address carpeted floors. A guideline that could be used is Section 4.5.3 of the
4 ADA Accessibility Guidelines for Buildings and Facilities which states: If a carpet

or carpet tile is used on a ground or floor surface, then it shall be securely attached;
have a firm cushion, pad, or backing or no cushion or pad; and have a level loop,
textured loop, level cut pile, or level cut/uncut pile texture. The maximum pile
thickness shall be 1/2 in (13 mm). Exposed edges of carpet shall be fastened to
floor surfaces and have trim along the entire length of the exposed edge. Carpet
edge trim up to 1/4 in (6 mm) high can be vertical. If the edge trim is between 1/4
in (6 mm) and 1/2 in (13 mm) a bevel with a slope no greater than 1:2 shall be used.

Note: Some carpet can be slippery when wet, so specify with care.

6-2-9

Priority Seating

Problem: Once on the rapid rail vehicle, it is difficult to tell where the priority
seating is located. The priority seating signs are often missing and on some
vehicles/cars they have never been installed.

Solution; Each rapid rail vehicle shall contain sign(s) which indicate that certain
seats are priority seats for persons with disabilities and that other passengers should
make such seats available to those who wish to use them. [38.55(a)]

Problem; Many of the priority seating signs are so small that people with vision
Slide impairments cannot read them. Also, on some vehicles, the priority seating sign
5 background is the same color as the wall it is mounted on which makes it difficult

to see.

Solution; Characters on signs shall have a width-to-height ratio between 3:5 and 1:1
and a stroke width-to-height ratio between 1:5 and 1:10, with a minimum character
height (using an upper case "X") of 5/8 in (16 mm) with "wide" spacing (generally,
the space between letters shall be 1/16 the height of upper case letters), and shall
contrast with the background either light-on-dark or dark-on-light. [38.55(b)]

Raised or Braille characters or pictorial symbol signs, are not required, but could be
used to make it easier for persons with low vision or persons who are blind to tell
where the priority seating is located. If a pictorial symbol is used, the international
symbol of accessibility should be used. The border dimension of the pictorial shall
be 6 in (152 mm) minimum in height. If raised letters are used they shall be raised
1/32 in (0.8 mm), upper case, sans serif or simple serif type and shall be
accompanied with Grade 2 Braille. The raised characters shall be at least 5/8 in (16
mm) high but no higher than 2 in (50 mm). [4,30.4]

n Doorways Connecting Vehicles

Problem; If there is an emergency situation in one of the vehicles of a multi-car
train, even though the aisle widths are wide enough for a wheelchair or a mobility
aid to negotiate, once the person in the wheelchair reaches the door at the end of
the car it is too narrow to allow passage.

Solution; If doorways connecting adjoining cars in a multi-car train are provided.
Slide and if such doorway is connected by an aisle with a minimum clear width of 30 in
6 (765 mm) to one or more spaces where wheelchair or mobility aid users can be

accommodated, then such doorway shall have a minimum clear opening of 30 in
(765 mm) to permit wheelchair and mobility aid users to be evacuated to an
adjoining vehicle in an emergency. [38.53(a)(2)] This provision applies only to new
vehicles.

6-2-10

□ Public Information Systems

Problem; When on the rapid rail vehicle it is difficult for persons with disabilities
to tell when they should start getting ready to exit the train. Also, even though
many of the vehicles have internal speakers, these speakers cannot be heard by
persons with hearing impairments.

Solution: Each vehicle shall be equipped with an interior public address system
Slide permitting transportation system personnel, or recorded or digitized human speech
7 messages, to announce stations and provide other passenger information.

Alternative systems or devices which provide equivalent access are also permitted.
Each vehicle operating in stations having more than one line or route shall have an
external public address system to permit transportation personnel, or recorded or
digitized human speech messages, to announce train, route or line identification
information. [38.61]

If station announcement systems provide information on arriving trains, an external
train speaker is not required. [38.61]

Note: Some systems are experimenting with visual displays on vehicles. These
systems help everyone.

6-2-11

n Platform Signage

Problem; When the train pulls into a station, it is difficult to see what station it is
in because the station identification signs are too high. The only way to see them
is to squat down and look up and out of the windows. In some stations the station
identification signs are placed so far apart that you cannot see them from some of
the vehicles.

Solution; New stations built after January 25, 1992, and key stations on rapid rail
Slide systems shall have identification signs complying with requirements for character
8 proportion and height, finish and contrast of ADAAG for Buildings and Facilities.

Signs shall be placed at frequent intervals and shall be clearly visible from within the
vehicle on both sides when not obstructed by another train. When station
identification signs are placed close to vehicle windows (i.e., on the side opposite
from boarding), each shall have the top of the highest letter or symbol below the top
of the vehicle window and the bottom of the lowest letter or symbol above the
horizontal mid-line of the vehicle window. [10.3.1(5), 10.3.2(2)]

Station identification signs shall be designed to comply with the following signage
standards.

Character Proportion: Letters and numbers on signs shall have a width-to-
height ratio between 3:5 and 1:1 and a stroke width-to-height ratio between
1:5 and 1:10.

Character Height: Characters are numbers on signs shall be sized according
to the viewing distance from which they are to be read. The minimum height
is measured using an upper case X. Lower case characters are permitted.
If the sign is mounted over the circulation route, 80 in (2030 mm) above the
floor, complying with minimum headroom, the minimum character height
shall be 3 in (75 mm).

Finish and Contrast: The characters and background of signs shall be
eggshell, matter, or other non-glare finish. Characters and symbols shall
contrast with their background - either light characters on a dark background
or dark characters on a light background. [10.3.1(5), 10.3.2.(2), 4.30.1, 4.30.2,
4.30.3, 4.30.5]

6-2-12

EXERCISES

1. If a rapid rail vehicle is retrofitted to comply with the one car per train rule, the
following elements must be brought into compliance with the ADA standards:

o Priority seating signs [38.55]

o Placement of stanchions and seats to allow a 32 in (815 mm) wide route so

that two wheelchairs can center and be positioned in areas each having a

minimum clear space of 48 in (1220 mm) by 30 in (716 mm) [38.57(b)]
o Floor surface shall be slip resistant [38.59]

o Passenger doorways shall have a 32 in (815 mm) clear width [38.53(a)(1)]

o The International Symbol of Accessibility shall be displayed on the exterior

of the accessible car [38.53(b)]
o Horizontal gap shall be no more that 4 in (100 mm) [38.53(d)]

o Vertical difference between platform and car floor should be plus or minus

2 in (50 mm) under 50 percent passenger load [38.53(d)]

(a) True

(b) False

2. How wide should the doorways connecting new vehicles be?

(a) 32 in (815 mm)

(b) 30 in (716 mm)

(d) 36 in (915 mm)

3. How large should the characters be on the priority seating sign in the rail car?

(a) 1/4 in (6 mm) high

(b) 1/2 in (13 mm) high

(d) 1 in (25 mm) high

4. Is an external speaker and public address system required on rapid rail cars that
operate through stations having more than one line or route?

(a) Yes

(b) No

6-2-13

5. Where should the station name signs be placed on the walls of the stations when the
train is next to the walls?

(a) The top of the highest letter on the sign should be below the top of the
vehicle windows and the bottom of the lowest letter should be above the
horizontal center line of the vehicle window.

(b) The horizontal center line of the sign should be at the center of th© vehicle
window.

(d) The sign should be higher than the top of the train.

6-2-14

UNIT 6-3
VEHICLE ENROUTE ACCESSIBILITY
LIGHT RAIL VEHICLES
SCOPE

Slide 1

This unit addresses all of the barriers that could be encountered by individuals with
disabilities including individuals who use wheelchairs or mobility aids once they are on
board the light rail vehicle. Barriers are encountered as an individual moves from the entry
vestibule to the seating area, finds the priority seating and gets settled, moves between
vehicles, collects information during the trip, and locates the desired destination.

This unit does not address the barriers encountered by individuals in wheelchairs or
mobility aids as they board a light rail vehicle and get settled. That portion of the trip for
individuals who use wheelchairs and mobility aids is addressed in Unit 5-4.

6-3-1

DEFINITIONS

Light Rail: A streetcar- type vehicle operated on city streets, semi-exclusive rights of way,
or exclusive rights of way. Service may be provided by step-entry vehicles or by level
boarding.

New Light Rail Vehicle: A light rail vehicle which is offered for sale or lease after
manufacture without any prior use.

Used Light Rail Vehicle: A light rail vehicle with prior use.

Remanufactured Light Rail Vehicle: A light rail vehicle which has been structurally
restored and has had new or rebuilt major components installed to extend its service life
by 5 years.

Retrofitted Vehicle: A vehicle that has been modified to the extend necessary to comply
with the specific accessibility standards required by the One-Car-Per-Train Rule.

6-3-2

APPLICABLE STANDARDS

49 CFR Part 37
Subpart D

49 CFR 37.79

49 CFR 37.81
49 CFR 37.83

49 CFR 37.93

49 CFR Part 38
Subpart D

49 CFR 38.73

49 CFR 38.75

49 CFR 38.77

49 CFR 38.79

49 CFR 38.81

49 CFR 38.83

49 CFR 38.85

49 CFR 38.87

10.3.1(5)

10.3.2(2)

Acquisition of Accessible Vehicles by Public Entities

Purchase and Lease of New Rail Vehicles by Public
Entities Operating Rapid or Light Rail Systems

Purchase and Lease of Used Rail Vehicles by Public
Entities Operating Rapid or Light Rail Systems

Purchase and Lease of Remanufactured Rail Vehicles
by Public Entities Operating Rapid or Light Rail
Systems

One Car Per Train Rule

Light Rail Vehicles and Systems

General

Doorways

Priority Seating Signs

Interior Circulation, Handrails and Stanchions

Lighting

Mobility Aid Accessibility

Between Car Barriers

Public Information Systems

ADAAG Fixed Facilities and Stations, New
Construction

ADAAG Fixed Facilities and Stations, Existing
Facilities, Key Stations

6-3-3

PROBLEMS AND SOLUTIONS

The problems or barriers individuals with disabilities encounter once on board a light rail
vehicle will be addressed at two levels of detail. The first level, General Requirements,
addresses which light rail cars must be made accessible. To be considered accessible, new,
used, and remanufactured light rail vehicles must comply with specific design requirements.
The Specific Design Requirements, the second level of detail, address the design
specifications for each element that is required for a light rail vehicle to be considered
accessible.

Checklist of Problems - General Requirements

n Accessibility of New Light Rail Vehicles

□ Accessibility of Used Light Rail Vehicles —

n Accessibility of Remanufactured Light Rail Vehicles

n One Car Per Train Rule

n Accessibility of New Light Rail Vehicles

Problem: A public transit authority is preparing a specification to purchase new
light rail vehicles. The solicitation is scheduled to be advertised publicly two months
from now. Do the ADA Vehicle Specifications apply to this specification?

Solution: Yes, each public entity operating a light rail system making a solicitation
after October 6, 1991 to purchase or lease a new light rail vehicle for use on the
system shall ensure that the vehicle is readily accessible to and usable by individuals
with disabilities including individuals who use wheelchairs and complies with Part
38. [37.79]

G Accessibility of Used Light Rail Vehicles

Problem: A public transit authority is negotiating with another transit authority to
purchase some used light rail vehicles. Negotiations started two weeks ago and
should be concluded by the end of next month. Will the purchasing authority have
to make the used vehicles comply with the ADA Vehicle Standards?

Solution: Each public entity operating a light rail system that purchases or leases
a used light rail vehicle after October 6, 1991 for use on its system shall ensure that
the vehicle is readily accessible to and usable by individuals with disabilities
including individuals who use wheelchairs and complies with Part 38.

A public entity may purchase and lease a used light rail vehicle that is not readily
accessible if after making demonstrated good faith efforts to obtain an accessible
vehicle it is unable to do so.

6-3-4

Note: The one-car-per-train rule requires each public entity providing light rail
service to ensure that each train consisting of two or more vehicles includes at least
one car that is accessible as soon as practicable, but in no case later than July 25,
1995. Thus, care should be taken when planning for future fleet requirements.
[37.93(c), 38.71(d)]

Problem: What are the good faith efforts that must be made when trying to
purchase a readily accessible used light rail vehicle? How does the public entity
document the good faith efforts?

Solution; Good faith efforts shall include at least the following steps:

(2) A nationwide search for accessible vehicles, involving specific inquiries
to manufacturers and other transit providers; and

(3) Advertising in trade publications and contacting trade associations.

Accessibility of Remanufactured Light Rail Vehicles

Problem; A transit authority plans to remanufacture some of its light rail vehicles
and purchase some remanufactured vehicles. Do the light rail vehicles have to meet
the vehicle accessibility specifications?

Solution; Yes, if a light rail vehicle is remanufactured so as to extend its useful life
for five years or more, it shall, to the maximum extent feasible be readily accessible
to and usable to individuals with disabilities, including individuals who use
wheelchairs.

6-3-5

Solution: If a public entity operates a light rail system any segment of whidi is
Slide included on the National Register of Historic Places and if making a light rail
2 vehicle of historic character used solely on such segment readily accessible to and

usable by individuals with disabilities would significantly alter the historic character
of such vehicles, the public entity need only make (or purchase or lease a
remanufactured vehicle with) those modifications that do not alter the historic
character of such vehicles.

D One-Car-Per-Train Rule

Problem: What is the One-Car-Per-Train Rule and what are the dates for
implementation?

Solution: Each public entity providing light rail service shall ensure that each train,
consisting of two or more vehicles, includes at least one car that is readily accessible
as soon as practicable but in no case later than July 25, 1995.

Existing vehicles which are retrofitted to comply with the "one-car-per-train rule"
shall have priority seating signs [38.75], adequate handrails and stanchions and at
least two areas for wheelchair or mobility aid users [38.77(c)], slip resistant floors
[38.79(a)], and a level change mechanism or boarding device with sufficient clear
width leading to at least two areas for wheelchair or mobility aid users [38.83(a)]
At new and key stations, at least one door with proper signage [38.73(b)], 32 in (810
mm) wide [38.73(a)] and a horizontal gap no bigger than 4 in (100 mm) and vertical
displacement no more than 2 in (50 mm). [38.73(d)] Vehicles previously designed
and manufactured in accordance with the accessibility requirements of 49 CFR 609
or the Secretary of Transportation regulations implementing section 504 of the
Rehabilitation Act of 1973 that were in effect before October 7, 1991, and which can
be entered and used from stations in which they are to be operated, may be used
to satisfy the requirements of § 37.93 of 49 CFR Part 37, the one-car-per-train rule

6-3-6

Problem: An agency is planning a new light rail system which will operate
solely within exclusive right-of-way. Can mini-high platforms be used?

Solution: No. Systems which operate in exclusive rights-of-way, not on streets or
pedestrian malls, shall be designed for level boarding.

Problem: A system operates two-car light rail trains with all vehicles purchased after
October 6, 1991, and access is from a mini-high platform at one door of the first car.
Each vehicle can accommodate two wheelchairs or mobility aid users, but three are
waiting at one stop. Can the operator board two and tell the third to wait for the
next train?

Solution: No. If all three can fit on the first car, the operator should board all
three. If not, the train must be moved to allow the third person to board the second
car.

Note: This illustrates a problem with mini-high platforms and wayside lifts. Be sure
when purchasing new cars that each can accommodate the number of wheelchair or
mobility aid users that could be expected. This will save having to move the train
except in rare cases.

6-3-7

Checklist of Problems - Specific Design Requirements

n Interior Circulation, Handrails and Stanchions

□ Floors

n Thresholds -

□ Priority Seating

n Doorways Connecting Vehicles
n Public Information Systems
n Platform Signage

n Interior Circulation, Handrails and Stanchions

Problem: Once on the vehicle, it is difficult to move about within the vehicle when
it is moving, accelerating or decelerating.

Slide Solution: Handrails and stanchions shall be provided to assist safe boarding, on
3 board circulation, seating and standing assistance and alighting by persons with

disabilities. [38.77]

Problem: Once on board the light rail vehicle, many times it will start to move
before the person with a disability pays the fare. The sudden start of the vehicle
makes it very difficult for some people to hold their balance. If the vehicle has to
slow down, there is a possibility the person could be thrown forward into the front
window of the vehicle.

Solution: On light rail vehicles where on-board fare collection devices are used, a
horizontal passenger assist shall be located between boarding passengers and the
fare collection device and shall prevent passengers from sustaining injuries on the
fare collection device or windshield in the event of a sudden deceleration. Without
restricting the vestibule space, the assist shall provide support for a boarding
passenger from the door through the boarding procedure. Passengers shall be able
to lean against the assist for security while paying fares. [38.77]

6-3-8

Problem: Some of the handrails are difficult to grasp. Some are square with shaqj
edges which seem to be dangerous if a person was to fall on them.

Solution; Handrails shall have a cross-sectional diameter between 1-1/4 in (32 mm)
Slide and 1-1/2 in (38 mm) or shall provide an equivalent grasping surface and have eased
4 edges with corner radii of not less than 1/8 in (3 mm). Handrails shall be placed to

provide a minimum 1-1/2 in (38 mm) knuckle clearance from the nearest adjacent

surface. [38.77]

D Floors

Problem; Some floors become quite slippery when they are wet. Others are so
smooth that even when they are dry, they are slippery. Are there standards which
must be followed on rail vehicles which prescribe what type of material should be
used on the floors?

Solution; Floor surfaces on aisles, places for standees, and areas where wheelchairs
Slide and mobility aid users are to be accommodated are to be slip resistant on all light
5 rail vehicles. [38.79(a)]

Problem; In developing a specification for a new bus procurement, what standard
should be used to ensure that the floor area and steps are provided with the
mandated "slip resistant" surface?

6-3-9

Solution: The ADA Accessibility Specifications for Transportation Vehicles does
Slide not address carpeted floors. A guideline that could be used is Section 4.5,3 of the
6 ADA Accessibility Guidelines for Buildings and Facilities which states: If a carpet

D Thresholds

Problem: It is difficult for people with vision impairments to see as they approach
a threshold when moving about within or between light rail vehicles. Even though
the threshold is beveled with a slope no greater than 1:2 as required by the ADAAG
for Buildings and Facilities, it can still cause a tripping hazard for people with poor
vision as they walk on the moving train.

Slide Solution: All thresholds and step edges on light rail vehicles shall have a band of
7 color(s) running the full width of the threshold which contrasts with the adjacent

floor, either light on-dark or dark-on-light. [38.79]

While not required, an appendix note recommends that the material used should
contrast by at least 70%. Percent contrast is determined by the following equation:

B - B

Contrast = — x 100

where Bj is the Light Reflectance Value of the lighter area and B2 is the Light
Reflectance Value of the darker area. Note that in any application both white and
black are never absolute: thus Bj never equals 100 and Bj is always greater than
zero. [Appendix Part 38]

6-3-10

Priority Seating

Problem: Once on the light rail vehicle, it is difficult to tell where the priority
seating is located. The priority seating signs are often missing and on some vehicles
they have never been installed.

Solution: Each light rail vehicle shall contain sign(s) which indicate that certain
seats are priority seats for persons with disabilities and that other passengers should
make such seats available to those who wish to use them. [38.75]

Problem: Many of the priority seating signs are so small that people with vision
impairments cannot read them. Also, on some vehicles, the priority seating sign
background is the same color as the wall it is mounted on which makes it difficult
to see.

Solution; Characters on signs shall have a width-to-height ratio between 3:5 and 1:1

Slide and a stroke width-to-height ratio between 1:5 and 1:10, with a minimum character

8 height (using an upper case "X") of 5/8 in (16 mm) with "wide" spacing (generally,

the space between letters shall be 1/16 the height of upper case letters), and shall

contrast with the background either light-on-dark or dark-on-light. [38.75]

Raised or Braille characters or pictorial symbol signs, are not required, but could be
used to make it easier for persons with low vision or persons who are blind to tell
where the priority seating is located. If a pictorial symbol is used, the international
symbol of accessibility should be used. The border dimension of the pictorial shall
be 6 in (152 mm) minimum in height. If raised letters are used they shall be raised
1/32 in (0.8 mm), upper case, sans serif or simple serif type and shall be
accompanied with Grade 2 Braille. The raised characters shall be at least 5/8 in (16
mm) high but no higher than 2 in (50 mm).

n Doorways Connecting Vehicles

Problem: If there is an emergency situation in one of the vehicles of a multi-car
train, even though the aisle widths are wide enough for a wheelchair or a mobility
aid to negotiate, once the person in the wheelchair reaches the door at the end of
the car it is too narrow to allow passage.

Solution: If doorways connecting adjoining cars in a multi-car train are provided,
and if such doorway is connected by an aisle with a minimum clear width of 30 in
(765 mm) to one or more spaces where wheelchair or mobility aid users can be
accommodated, then such doorway on new vehicles shall have a minimum clear
opening of 30 in (765 mm) to permit wheelchair and mobility aid users to be
evacuated to an adjoining vehicle in an emergency. [38.73]

6-3-11

n Public Information Systems

Problem: When on the light rail vehicle it is difficult for persons with disabilities
to tell when they should start getting ready to exit the train. Also, even though
many of the vehicles have internal speakers, these speakers cannot be heard by
persons with hearing impairments.

Solution: Each vehicle shall be equipped with an interior public address system
Slide permitting transportation system personnel, or recorded or digitized human speech
9 messages, to announce stations and provide other passenger information.

Alternative systems or devices which provide equivalent access are also permitted.

[38.87]

6-3-12

□ Platform Signage

Problem; When the train pulls into a station, it is difficult to see what station it is
in because the station identification signs are too high. The only way to see them
is to squat down and look up and out of the windows. Some stations don't have
enough station identification signs so only every other car can see them.

Solution; New stations built after January 25, 1992, and key stations on light rail
systems shall have identification signs complying with requirements for character
proportion and height, finish and contrast of ADAAG for Buildings and Facilities.
Signs shall be placed at frequent intervals and shall be clearly visible from within the
vehicle on both sides when not obstructed by another train. When station
identification signs are placed close to vehicle windows (i.e., on the side opposite
from boarding), each shall have the top of the highest letter or symbol below the top
of the vehicle window and the bottom of the lowest letter or symbol above the
horizontal mid-line of the vehicle window. [10.3.1(5), 10.3.2(2)]

Station identification signs shall be designed to comply with the following signage
standards.

Character Proportion: Letters and numbers on signs shall have a width-to-
height ratio between 3:5 and 1:1 and a stroke width-to-height ratio between
1:5 and 1:10.

Character Height: Characters are numbers on signs shall be sized according
to the viewing distance from which they are to be read. The minimum height
is measured using an upper case X. Lower case characters are permitted.
If the sign is suspended above the finished floor, 80 in (2030 mm), complying
with minimum headroom, the minimum character height shall be 3 in (75
mm).

6-3-13

EXERCISES

1. Provide a listing of the elements that must be addressed in the retrofit of a light rail
vehicle for compliance with the One-Car-Per-Train Rule.

2. On a light rail vehicle with onboard fare collection, what are the requirements for
handrails around the fare collection area?

(a) A horizontal handrail should be placed around the fare box.

(b) A vertical stanchion should be placed on each comer of the fare box.

(c) A horizontal handrail should be located across the front of the vehicle
between boarding passengers and the fare box.

3. What should the maximum diameter of the handrails be on a light rail vehicle?

(a) 1 in (25 mm)

(b) 1-1/2 in (38 mm)

(d) 5/8 in (16 mm)

4. What is the maximum height of the characters on the priority seating sign that is
installed in the Ught rail vehicle?

(a) 1/2 in (12 mm)

(b) 5/8 in (16 mm)

(d) 1-1/2 in (38 mm)

6-3-14

How wide should the doors between the light rail vehicles be so that a wheelchair
can pass from one car to another?

(a) 27 in (685 mm)

(b) 32 in (815 mm)

(d) 30 in (765 mm)

Where should the station name signs be placed on the walls of the stations when the
train is next to the walls?

(a) The top of the highest letter on the sign should be below the top of the
vehicle window and the bottom of the lowest letter should be above the
horizontal center line of the vehicle window.

(b) The horizontal center line of the sign should be at the center of the vehicle
window.

(d) The sign should be higher than the top of the train.

6-3-15

UNIT 6-4

VEHICLE ENROUTE ACCESSIBILITY

COMMUTER RAIL CARS

SCOPE

Slide 1

This unit addresses all of the barriers that could be encountered by individuals with
disabilities including individuals who use wheelchairs and mobility aids once they are on
board the commuter rail car. Barriers are encountered as the individual moves from the
entrance vestibule to the seating area, finds the priority seating area and gets settled, moves
between cars, utilizes the restrooms when restrooms are provided, gathers information
during the trip and locates the desired destination.

This unit does not address the barriers encountered by individuals in wheelchairs or
mobility aids as they board a commuter rail car and get settled. That portion of the trip
for individuals who use wheelchairs and mobility aids is addressed in Unit 5-4.

6-4-1

DEFINITIONS

Commuter Rail: Short haul passenger service operating in metropolitan and suburban
areas, whether within or across the geographical boundaries of a state, usually characterized
by reduced fare, multiple ride, and commutation tickets and by morning and evening peak
period operations.

New Commuter Rail Vehicle: A commuter rail vehicle which is offered for sale or lease
after manufacture without any prior use.

Used Commuter Rail Vehicle: A commuter rail vehicle with prior use.

Remanufactured Commuter Rail Vehicle: A commuter rail vehicle which has been
structurally restored and has had new or rebuilt major components installed to extend its
service life by 15 years.

Retrofitted Vehicle: A vehicle that has been modified to the extent necessary to comply
with the specific accessibility standards required by the One-Car-Per-Train Rule.

6-4-2

APPLICABLE STANDARDS

49 CFR Part 37
Subpart E

49 CFR 37.85

49 CFR 37.87
49 CFR 37.89

49 CFR 37.93

49 CFR Part 38
Subpart E

49 CFR 38.91

49 CFR 38.93

49 CFR 38.95

49 CFR 38.97

49 CFR 38.99

49 CFR 38.101

49 CFR 38.103

49 CFR 38.105

49 CFR 38.107

49 CFR 38.109

10.3.1(5)

10.3.2(2)

Acquisition of Accessible Vehicles by Public Entities

Purchase and Lease of New Intercity and Commuter
Rail Cars

Purchase and Lease of Used Intercity and Commuter
Rail Cars

Purchase and Lease of Remanufactured Intercity and
Commuter Rail Cars

One-Car-Per-Train Rule

Commuter Rail Cars and Systems

General

Doorways

Mobility Aid Accessibility

Interior Circulation, Handrails and Stanchions

Floors, Steps and Thresholds

Lighting

Public Information Systems

Priority Seating Signs

Restrooms

Between Car Barriers

ADAAG Fixed Facilities and Stations, New
Construction

ADAAG Fked Facilities and Stations, Existing Facilities
and Key Stations

6-4-3

PROBLEMS AND SOLUTIONS

The problems or barriers individuals with disabilities encounter once on board a commuter
rail car will be addressed at two levels of detail. The General Requirements address which
rail cars must be made accessible. To be considered accessible, new, used and
remanufactured commuter rail cars must comply with specific design requirements. The
Specific Design Requirements address the design specifications for each element that is
required for a commuter rail car to be considered accessible.

Checklist of Problems - General Requirements

n Accessibility of New and Used Commuter Rail Cars

□ Accessibility of Remanufactured Commuter Rail Cars

D One-Car-Per-Train Rule -

n Accessibility of New and Used Commuter Rail Cars

Problem: Do new commuter rail cars have to be accessible?

Solution: A commuter authority making a solicitation after October 6, 1991, to
purchase or lease a new commuter rail car for use on the system shall ensure that
the vehicle is readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs and complies with Part 38.

Problem: If a public entity purchases used commuter rail cars, do they have to be
accessible?

Solution: A commuter authority purchasing or leasing a used commuter rail car
after August 25, 1990, shall ensure that the car is readily accessible to and usable by
individuals with disabilities, including individuals who use wheelchairs and complies
with Part 38.

A commuter authority may purchase or lease a used commuter rail car that is not
readily accessible to and usable by individuals with disabilities if, after making
demonstrated good faith efforts to obtain an accessible vehicle, it is unable to do so.

Note: If there is a choice between cars, the car which comes closest to complying
should be chosen.

6-44

Problem; What constitutes "demonstrated good faith efforts" to obtain an accessible
vehicle?

Solution: Good faith efforts shall include at least the following steps:

(1) An initial solicitation for the used vehicles published by the commuter
authority must specify that all used vehicles were to be accessible to and
usable by individuals with disabilities;

(2) A nationwide search for accessible vehicles, involving specific inquiries
to used vehicle dealers and other transit providers; and

(3) Advertising in trade publications and contacting trade associations.

Commuter authorities purchasing or leasing used commuter rail cars that are not
readily accessible to and usable by individuals with disabilities shall retain
documentation of the specific good faith efforts it made for three years from the
date the vehicles were purchased or leased. These records shall be made available,
on request, to the Federal Railroad Administration or FTA Administrator, as
applicable. These records shall be made available to the public, on request.

G Accessibility of Remanufactured Commuter Rail Cars

Problem: If a commuter rail car is scheduled to be remanufactured, does the scope
of the remanufacturing project have to address all of the accessibility specifications?

Solution: If a commuter rail authority remanufactures or purchases or leases a
remanufactured car which has its life extended by ten years or more, the commuter
rail cars shall, to the maximum extent feasible, be readily accessible to and usable
by individuals with disabilities, including individuals who use wheelchairs.

It shall be considered feasible to remanufacture a commuter rail car so as to be
readily accessible to and usable by individuals with disabilities, including individuals
who use wheelchairs, unless an engineering analysis demonstrates that
remanufacturing the car to be accessible would have a significant adverse effect on
the structural integrity of the car.

6-4-5

n One-Car-Per-Train Rule

Problem: What is the One-Car-Per-Train Rule and what are the dates for
implementation?

Solution: Each commuter rail authority shall ensure that each train has one car that
is readily accessible as soon as practicable but in no case later than July 26, 1995.

Existing vehicles retrofitted to comply with the "one-car-per-train" rule shall have a
level change mechanism or boarding device with sufficient clearance to permit a
wheelchair or mobility aid user to reach a seating location and at least two
wheelchair or mobility aid seating locations [38.95(a)], proper signage on the
exterior of the appropriate doors [38.93(e)], an accessible restroom if restrooms are
provided for the general public [38.107], and a horizontal gap no bigger than 4 in
(100 mm) and vertical displacement no more than 2 in (50 mm) at new and key
stations. [38.9(d)] Vehicles previously designed and manufactured in accordance
with the program accessibility requirements of Section 504 of the Rehabilitation Act
of 1973, or implementing regulations of the Secretary of Transportation that were
in effect before October 7, 1991; and which can be entered and used from stations
in which they are to be operated, may be used to satisfy the requirements of § 37.93
of 49 CFR Part 37.

Note: If there are cars in your fleet which were deemed accessible under previous
(504) rules, and they can be entered and used in the stations in which you now plan
to operate them, they can be used to satisfy the one-car-per-train rule.

6-4-6

Problems and solutions related to specific design requirements address those barriers that
disabled persons and persons in wheelchairs encounter fi^om the time when they have
boarded the vehicle and the doors have closed until they reach their intended station stop.
These barriers are encountered as they move within the vehicle to get settled for the trip,
as they move between vehicles and as they approach the various stops along their route.
If portions of the car are modified in such a way that it affects or could affect accessibility,
each such portion shall comply, to the extent practicable, with specific design requirements.
This does not require that inaccessible cars be retrofitted with lifts, ramps, or other
boarding devices.

Checklist of Problems - Specific Design Requirements

□ Interior Circulation, Handrails and Stanchions

□ Passageways

n Seating Location

□ Floors

D Thresholds

n Priority Seating

n Doorways Connecting Vehicles

n Public Information Systems

□ Platform Signage
n Restrooms

Interior Circulation, Handrails and Stanchions

Problem; On many commuter rail cars, the aisleways in the passenger compartment
are narrow and there are no handrails or stanchions. Handrails and stanchions have
been installed in some cars which made it more difficult for persons using
wheelchairs and mobility aids to get to the seating area.

Solution; When handrails or stanchions are provided on commuter rail cars within
the passenger compartment, they shall be placed to permit sufficient turning and
maneuvering space for wheelchairs and other mobility aids to reach a seating
location from an accessible entrance. [38.97]

Problem; Some of the handrails are difficult to grasp. Some are square with sharp
edges which seem to be dangerous if a person were to fall on them.

Solution; Handrails shall have a cross-sectional diameter between 1-1/4 in (32 mm)
Slide and 1-1/2 in (38 mm) or shall provide an equivalent grasping surface and have eased
2 edges with comer radii of not less than 1/8 in (3 mm). Handrails shall be placed to

provide a minimum 1-1/2 in (38 mm) knuckle clearance from the nearest adjacent

surface. [38.77]

6-4-7

Note: Handrails in doorways must comply with FRA regulations. There is a
different requirement which must be consistent with 49 CFR Parts 229 and 231.

□ Passageways

Problem: The passageways between the entrance door of commuter rail cars and
the accessible seating locations are sometimes too narrow for a wheelchair or
mobility aid to use.

Solution: A route at least 32 in (815 mm) wide shall be provided from the
Slides accessible entrance door on the car to the accessible seating locations. [38.93(b)]
3,4

If passage is required through a vestibule, such vestibule in new cars shall have a

minimum width of 42 in (1070 mm). [38.93(b)]

G Seating Location

Problem: Even when there is sufficient width to access the rail car, it is difficult to
maneuver into an area when a person wants to remain in the wheelchair.

Solution: Spaces for persons who wish to remain in their wheelchairs or mobility
Slide aids shall have a minimum clear floor space 48 in (1220 mm) by 30 in (760 mm).
5 Such spaces shall adjoin, and may overlap, an accessible path. Not more than 6 in

(150 mm) of the required clear floor space may be accommodated for footrests
under another seat provided there is a minimum of 9 in (230 mm) from the floor
to the lowest part of the seat overhanging the space. Seating spaces may have fold-
down or removable seats to accommodate other passengers when a wheelchair or
mobility aid user is not occupying the area, provided the seats, when folded up, do
not obstruct the clear floor space required. [38.95(d)]

D Floors

Solution: Floor surfaces on aisles, places for standees, and areas where wheelchairs
Slide and mobility aid users are to be accommodated are to be slip resistant on all
6 commuter rail cars. [38.99(a)]

64-8

Problem: In developing a specification for a new commuter rail car procurement,
what standard should be used to ensure that the floor area and steps are provided
with the mandated "slip resistant" surface?

Solution: There is no specific requirement, but an appendix note recommends the
coefficient of friction as the appropriate descriptor to measure slip resistance. The
coefficient of friction is the ratio between the force necessary to move one surface
over another surface and the pressure between the two surfaces. For example, the
coefficient of friction for cast iron on oak is 38:100 or 0.38. A research project
conducted with persons with disabilities concluded that a static coefficient of friction
of 0.60 was appropriate for steps, floors and lift platforms and a coefficient of
friction of 0.80 was desirable for ramps.

Problem: The design of the new commuter rail cars calls for carpet on the floor.
People who use wheelchairs and mobility aids could have a problem with a carpeted
floor especially if the pile of the carpet is very thick. Are there standards that
prohibit carpet?

Solution; The ADA Accessibility Specifications for Transportation Vehicles do
Slide not address carpeted floors. A guideline that could be used is Section 4.5.3 of the
7 ADA Accessibility Guidelines for Buildings and Facilities which states: If a carpet

6-4-9

n Thresholds

Problem: It is difficult for people with vision impairments to see as they approach
a threshold when moving about within or between commuter rail cars. Even though
the threshold is beveled with a slope no greater than 1:2 as required by the ADAAG
for Buildings and Facilities, it can still cause a tripping hazard for people with poor
vision as they walk on the moving train.

Slide Solution; All thresholds and step edges on commuter rail cars shall have a band of
8 color(s) running the full width of the threshold which contrasts with the adjacent

floor, either light on-dark or dark-on-light. [38.79]

An appendix note recommends that the material used contrast by at least 70%.
Percent contrast is determined by the following equation:

B - B
Contrast = — X 100

D Priority Seating

Problem; Once on the commuter rail car, it is difficult to tell where the priority
seating is located. The priority seating signs are often missing and on some cars
they have never been installed.

Solution; Each commuter rail car shall contain sign(s) which indicate that certain
seats are priority seats for persons with disabilities and that other passengers should
make such seats available to those who wish to use them. [38.105]

6-4-10

Problem; Many of the priority seating signs are so small that people with vision
impairments cannot read them. Also, on some vehicles, the priority seating sign
background is the same color as the wall it is mounted on which makes it difficult
to see.

Solution: Characters on signs shall have a width-to-height ratio between 3:5 and 1:1

Slide and a stroke width-to-height ratio between 1:5 and 1:10, with a minimum character

9 height (using an upper case "X") of 5/8 in (16 mm) with "wide" spacing (generally,

the space between letters shall be 1/16 the height of upper case letters), and shall

contrast with the background either light-on-dark or dark-on-light. [38.105]

Raised or Braille characters or pictorial symbol signs, are not required, but could be
used to make it easier for persons with low vision or persons who are blind to tell
where the priority seating is located. If a pictorial symbol is used, the international
symbol of accessibility should be used. The border dimension of the pictorial shall
be 6 in (152 mm) minimum in height. If raised letters are used they shall be raised
1/32 in (0.8 mm), upper case, sans serif or simple serif type and shall be
accompanied with Grade 2 Braille. The raised characters shall be at least 5/8 in (16
mm) high but no higher than 2 in (50 mm).

n Doorways Connecting Vehicles

Problem; If there is an emergency situation in one of the cars of a multi-car train,
even though the aisle widths are wide enough for a wheelchair or a mobility aid to
negotiate, once the person in the wheelchair reaches the door at the end of the car
it is too narrow to allow passage.

Solution; If doorways connecting adjoining cars in a multi-car train are provided,
Slide and if such doorway is connected by an aisle with a minimum clear width of 30 in
10 (765 mm) to one or more spaces where wheelchair or mobility aid users can be
accommodated, then such doorway shall have, to the maximum extent practicable
in accordance with the regulations issued under the Federal Railroad Safety Act of
1970 (49 CFR Parts 229 and 231), a clear opening of 30 in (765 mm). [38.73]

6-4-11

G Public Information Systems

Problem: When on the commuter rail car it is difficult for persons with disabilities
to tell when they should start getting ready to exit the train. Also, even though
many of the cars have internal speakers, these speakers cannot be heard by persons
with hearing impairments.

Solution; Each car shall be equipped with an interior public address system
Slide permitting transportation system personnel, or recorded or digitized human speech
11 messages, to announce stations and provide other passenger information.

Alternative systems or devices which provide equivalent access are also permitted.

[38.103]

6-4-12

□ Platform Signage

Problem: When the train pulls into a station, it is difficult to see what station it is
in because the station identification signs are too high. The only way to see them
is to squat down and look up and out of the windows. Some stations don't have
enough station identification signs so only every other car can see them.

Solution; New stations built after October 7, 1991, and key stations on commuter
rail systems shall have identification signs complying with requirements for character
proportion, height, finish, and contrast of ADAAG for Buildings and Facilities.
Signs shall be placed at frequent intervals and shall be clearly visible from within the
car on both sides when not obstructed by another train. When station identification
signs are placed close to vehicle windows (i.e., on the side opposite from boarding),
each shall have the top of the highest letter or symbol below the top of the car
window and the bottom of the lowest letter or symbol above the horizontal mid-line
of the vehicle window. [10.3.1(5), 10.3.2(2)]

Station identification signs shall be designed to comply with the following signage
standards.

Character Proportion: Letters and numbers on signs shall have a width-to-
height ratio between 3:5 and 1:1 and a stroke width-to-height ratio between
1:5 and 1:10.

Character Height: Characters are numbers on signs shall be sized according
to the viewing distance from which they are to be read. The minimum height
is measured using an upper case X. Lower case characters are permitted.
If the sign is suspended above the finished floor, at least 80 in (2030 mm),
complying with minimum headroom, the minimum character height shall be
3 in (75 mm).

6-4-13

n Restrooms

Problem; On the commuter rail car the path of travel to the restroom is restricted
Slide and the restroom layout is such that it is very difficult to use for persons in
12 wheelchairs. Are restrooms required on commuter rail cars and if required, should

they be made accessible to persons in wheelchairs and mobility aids?

Solution: If a restroom is provided for the general public, it shall be designed so as
to allow a person using a wheelchair or mobility aid to enter and use such a
restroom. Restrooms required to be accessible shall be in close proximity to at least
one seating location for persons using mobility aids and shall be connected to such
a space by an unobstructed path having a minimum width of 32 in (815 mm).
[38.107(a)(b)]

Problem: The maneuvering space outside of the restroom on a commuter rail car
is generally quite restricted. Because of this, coupled with the layout inside of the
restroom, sometimes a normal 32 in (815 mm) wide doorway is not wide enough to
permit a wheelchair to maneuver through the door.

Solution: Doorways on the end of the enclosure, opposite the water closet, shall
have a minimum clear opening width of 32 in (815 mm). Doorways on the side wall
shall have a minimum clear opening width of 39 in (990 mm). Door latches and
hardware shall be operable with one hand and shall not require tight grasping,
pinching, or twisting of the wrist. [38.107(a)(5)]

Problem: The floor space inside most rail car restrooms is extremely restricted and
there is not enough room to maneuver around to position the wheelchair. What is
the minimum required clear floor area for an accessible restroom in a commuter rail
car? Can any of the fixtures that hang from the wall share this space? Can fold-
away fixtures be used that overlap the clear floor space?

Solution: The minimum clear floor area shall be 35 in (890 mm) by 60 in (1525
mm). Permanently installed fixtures may overlap this area a maximum of 8 in (200
mm), if the lowest portion of the fixture is a minimum of 9 in (230 mm) above the
floor, and may overlap a maximum of 19 in (485 mm), if the lowest portion of the
fixture is a minimum of 29 in (735 mm) above the floor, provided such fixtures do
not interfere with access to the water closet. Fold-down or retractable seats or
shelves may overlap the clear floor space at a lower height provided they can be
easily folded up or moved out of the way. [38.107(a)(1)]

Note: These are minimum requirements and are quite difficult for many people to
use. Larger restrooms should be provided where possible.

6-4-14

Problem: The height of an acx;essible water closet specified in ADAAG for
Buildings and Facilities is 17 to 19 in (430 to 485 mm). Is this height the same for
accessible built-in water closets like the type used in rail cars?

Solution: The height of the water closet shall be 17 in (430 mm) to 19 in (485 mm)
measured to the top of the toilet seat. Seats shall not be spring loaded to return to
a lifted position. [38.107(a)(2)]

Problem: In ADAAG for Buildings and Facilities, specific grab bars are required
around the water closet area. Since water closets on rail cars are usually built in
and the space is quite restricted, are grab bars required? If so, where should they
be located and how long should they be?

Solution: A grab bar at least 24 in (610 mm)) long shall be mounted behind the
water closet, and a horizontal grab bar at least 40 in (1015 mm) shall be mounted
on at least one side wall, with one end not more than 12 in (305 mm) from the back
wall, at a height between 33 in (840 mm) and 36 in (915 mm) above the floor.
[38.107(a)(3)]

Problem: Many times the faucets and flush controls are hard to reach and even if
you can reach them, they are very difficult to operate.

Solution: Faucets and flush controls shall be operable with one hand and shall not
require tight grasping, pinching, or twisting of the wrist. The force required to
activate controls shall be no greater than 5 Ibf (22.2N). Controls for flush valves
shall be mounted no more than 44 in (1115 mm) above the floor. [38.107(a)(4)]

6-4-15

EXERCISES

1. Provide a listing of the elements that must be addressed in the retrofit of a
commuter rail car for compliance with the One-Car-Per-Train Rule.

2. If handrails are provided on a commuter rail car, where should they be placed so
that they comply with the ADA requirements?

(a) Handrails shall be placed above each side of the aisleway.

(b) Handrails shall be placed to permit sufficient turning and maneuvering space
for wheelchairs and other mobility aids to reach a seating location from an
accessible entrance.

3. How wide should the passageway be from the accessible doors to the accessible
seating locations on a commuter rail car?

(a)

27 in (685 mm)

(b)

30 in (765 mm)

(c)

32 in (815 mm)

(d)

36 in (915 mm)

How much space should be provided for individuals who use wheelchairs in the
seating area of a commuter rail car?

(a) 30 in (765 mm) by 48 in (1220 mm)

(b) 32 in (815 mm) by 48 in (1220 mm)

(d) 48 in (1220 mm) by 60 in (1525 mm)

6-4-16

5. How large should the characters on the priority seating sign be on a commuter rail
car?

(a) 5/8 in (16 mm)

(b) 1/2 in (12 mm)

(d) 1-1/2 in (38 mm)

6. How wide should the doorway be which connects adjoining cars, when the cars are
new?

(a)

27 in (685 mm)

(b)

30 in (765 mm)

(c)

32 in (815 mm)

(d)

36 in (915 mm)

7. Where should the station name signs be placed on the walls of the station when the
train is next to the walls?

(a) The sign should be higher than the top of the train.

(b) The horizontal centerline of the sign should be at the center of the car
window.

(d) The top of the highest letter on the sign should be below the top of the
vehicle window and the bottom of the lowest letter on the sign should be
above the horizontal centerline of the vehicle window.

8. What is the minimum clear floor area of a restroom on a commuter rail car?

(a) 35 in (890 mm) by 60 in (1525 mm)

(b) 48 in (1220 mm) by 60 in (1525 mm)

6-4-17

UNIT 6-5

VEHICLE ENROUTE ACCESSIBILITY

INTERCITY RAIL CARS

SCOPE

This unit addresses all of the barriers that could be encountered by individuals with
disabilities including individuals who use wheelchairs or mobility aids once they are on
board the intercity rail car. Barriers are encountered as the individual moves from the
entrance area to the seating area or sleeping compartment, gets settled in the desired
location, moves between rail cars, utilizes the restrooms in the coach car or the restroom
in the sleeping compartment, gathers information along the trip and locates the desired
destination.

This unit does not address the barriers encountered by individuals in wheelchairs or
mobility aids as they board an intercity rail car and get settled. That portion of the trip for
individuals who use wheelchairs and mobility aids is addressed in Unit 5-4.

6-5-1

DEnNITIONS

Intercity Rail Passenger Car: A rail car intended for use by revenue passengers, obtained
by the National Railroad Passenger Corporation (Amtrak) for use in intercity rail
transportation.

APPLICABLE STANDARDS

49 CFR Part 38
Subpart F

49 CFR 38.111

49 CFR 38.113

49 CFR 38.115

49 CFR 38.117

49 CFR 38.119

49 CFR 38.121

49 CFR 38.123

49 CFR 38.125

49 CFR 38.127

10.3.1(5)

Intercity Rail Cars and Systems

General

Doorways

Interior Circulation, Handrails and Stanchions

Floors, Steps and Thresholds

Lighting

Public Information Systems

Restrooms

Mobility Aid Accessibility

Sleeping Compartments

ADAAG Fixed Facilities and Stations, New
Construction

6-5-2

PROBLEMS AND SOLUTIONS

New, used and remanufactured intercity rail cars shall comply with specific design
requirements to be considered accessible. The elements that must be made accessible vary
depending on the type and use of the car and if the car is to be modified or retrofitted.
This General Requirements section identifies the various types of cars and provides
guidance on the elements that must be made accessible.

Checklist of Problems - General Requirements

□ Single-Level Rail Passenger Coaches and Food Service Cars
n Single-Level Dining and Lounge Cars

n Bi-Level Dining Cars

n Bi-Level Lounge Cars

□ Sleeper Cars

□ Car Modifications
D Car Retrofits

Single-Level Rail Passenger Coaches and Food Service Cars

Problem; On short intercity rail trips, the most common car used is the passenger
coach car. Once on the coach car, it is sometimes difficult for persons in
wheelchairs to obtain refreshments from the food service car.

Solution: Single-level passenger coaches and food service cars (other than single-
level dining cars) shall comply with the following sections of ADAAG for Vehicles:

38.113 Doorways

38.115 Interior Circulation, Handrails and Stanchions

38.117 Floors, Steps and Thresholds

38.119 Lighting

38.121 Public Information Systems

38.123 Restrooms

Compliance with Section 38.125 Mobility Aid Accessibility shall be required only
to the extent necessary to afford at least one but not more than two wheelchair
seating locations on the passenger coach or food service car. The spaces for persons
wishing to remain in their wheelchair shall have a minimum clear floor area of 48
in (1220 mm) by 30 in (765 mm). Such space may have fold-down seats for use
when not occupied by a wheelchair. In addition, at least one, but not more than two
seating location(s) for individuals who wish to transfer from their wheelchairs shall
include a regular coach seat or dining car booth or table seat and space to fold and
store the passenger's wheelchair. The wheelchair spaces and seating locations shall
adjoin or overlap an accessible route with a minimum clear width of 32 in (815 mm).
[38.125(d)(2) and 38.125(d)(3)]

6-5-3

Note: The DOT rule requires personnel to serve passengers with disabilities at their
seats, including a hard surface (e.g., tray), if they can't, or don't want to, go to the
food service area.

n Single-Level Dining and Lounge Cars

Problem; When single-level dining cars are available on the train, they are
sometimes difficult to gain access to, especially for people in wheelchairs and
mobility aids because the connecting doorway between the coach car and the dining
car is too narrow. Even when the dining car is accessible, sometimes there is no
place for a person in a wheelchair to use.

Solution: Single-level dining and lounge cars shall have at least one connecting
doorway at the end of the car connecting the adjacent car. The doorway shall have
a clear width of 32 in (815 mm) to permit wheelchair and mobility aid users to enter
into the single-level dining car. [38.113(a)(2)] Single-level dining cars shall have at
least one space for persons who wish to remain in their wheelchairs. The space shall
have a minimum clear floor area of 48 in (1220 mm) by 30 in (765 mm). Such space
may have fold-down or removable seats for use when not occupied by a wheelchair.
In addition, at least one dining booth or table seat shall be provided for individuals
who wish to transfer from their wheelchair. A space to fold or store the passenger's
wheelchair shall also be provided. [38.125(d)(2) and (3)]

Bi-Level Dining Cars

Problem: Bi-level dining cars are difficult to access. Barriers sometimes
encountered include the doorways between cars, lack of handrails and stanchions,
slippery floor surfaces, and the lack of public information in the dining car.

Solution: Bi-level dining cars shall have at least one connecting doorway at the end
of the car which connects to the adjacent car. The doorway shall have a clear width
of 32 in (815 mm). (Note: The 32 in (815 mm) doorway width to the bi-level dining
car is for semi-ambulatory persons since wheelchair users cannot get to the upper
level where entry is provided.) [38.113(a)(2)] Where provided, handrails and
stanchions shall be sufficient to permit onboard circulation, seating and standing
assistance for persons with disabilities. [38.115(b)] Floor surfaces on aisles, step
treads and areas where wheelchairs and mobility aid users are to be accommodated
shall be slip resistant. [38.117(a)] A public address system that permits
transportation system personnel or recorded or digitized human speech messages to
announce stations and provide other passenger information shall be available in the
bi-level dining car. [38.121]

6-5-4

Bi-Level Lounge Cars

Problem; Bi-level lounge cars are often difficult to access for individuals with
disabilities because of the following barriers: Narrow entry doors, lack of seating for
individuals with disabilities, or lack of space for a wheelchair, inability for an
individual in a wheelchair to pull up to a table and stay in the wheelchair.

Solution; Bi-level lounge cars shall have doors on the lower level on each side of
the car from which passengers board. Doorways shall have a clear width of 32 in
(815 mm). [38.113] An accessible restroom complying with the design requirements
of ADA Section 38.123 shall be provided. At least one space for persons who wish
to remain in their wheelchairs shall be provided. The space shall have a clear floor
area of 48 in (1220 mm) by 30 in (765 mm). Such space may have fold-down or
removable seats for use when not occupied by a wheelchair. In addition, at least
one dining booth or table seat shall be provided for individuals who wish to transfer
from their wheelchairs. A space to fold or store the passenger's wheelchair shall
also be provided. [38.125(d)(2) and (3)]

n Sleeper Cars

Problem; Sleeper cars on intercity rail trains are often difficult to access and use
by individuals with disabilities. Some of the barriers encountered are the narrow
doorways and passageways leading to the sleeping compartment and the layout of
the sleeping compartment and access to restrooms.

Solution; Sleeper cars shall have at least one accessible sleeping compartment which
complies with Section 38.127 of the ADA Standards (see Problem/Solution on
Sleeping Compartments). The sleeper cars shall have an unobstructed passageway
at least 32 in (815 mm) leading from the accessible door to the accessible sleeping
compartment.

6-5-5

Checklist of Problems - Specific Design Requirements

n Interior Circulation, Handrails and Stanchions

□ Passageways
n Floors

D Thresholds

n Doorways Connecting Vehicles

□ Public Information Systems

□ Platform Signage

□ Restrooms

n Sleeping Compartments

n Interior Circulation, Handrails and Stanchions

Problem: On many intercity rail cars, the aisleways in the passenger compartment
are narrow and there are no handrails or stanchions. Handrails and stanchions have
been installed in some cars which makes it more difficult for persons using
wheelchairs and mobility aids to get to the seating area.

Solution; When handrails or stanchions are provided on intercity rail cars within the
passenger compartment, they shall be placed to permit sufficient turning and
maneuvering space for wheelchairs and other mobility aids to reach a seating
location from an accessible entrance. [38.115]

Problem; Some of the handrails are difficult to grasp. Some are square with sharp
edges which seem to be dangerous if a person was to fall on them.

Solution; Handrails shall have a cross-sectional diameter between 1-1/4 in (32 mm)
and 1-1/2 in (38 mm) or shall provide an equivalent grasping surface and have eased
edges with comer radii of not less than 1/8 in (3 mm). Handrails shall be placed to
provide a minimum 1-1/2 in (38 mm) knuckle clearance from the nearest adjacent
surface. [38.115]

6-5-6

Passageways

Problem: The passageways between the entrance door of intercity rail cars and the
accessible seating locations and accessible sleeping compartments are sometimes too
narrow for a wheelchair or mobility aid to use.

Solution: A route at least 32 in (815 mm) wide shall be provided from the
accessible entrance door on the car to the accessible seating locations and accessible
sleeping compartments.

If passage is required through a vestibule, such vestibule in new cars shall have a
minimum width of 42 in (1070 mm). [38.113] If doors leading to the car from a
platform close automatically or from a remote location, auditory and visual warning
signals shall be provided to alert passengers of closing doors. [38.113(c)]

D Floors

Solution; Floor surfaces on aisles, places for standees, and areas where wheelchairs
and mobility aid users are to be accommodated are to be slip resistant on all
commuter rail cars. [38.117(a)]

Problem: The design of the new intercity rail cars calls for carpet on the floor.
People who use wheelchairs and mobility aids could have a problem with a carpeted
floor especially if the pile of the carpet is very thick. Are there standards that
prohibit carpet?

Solution: The ADA Accessibility Specifications for Transportation Vehicles does
not address carpeted floors. A guideline that could be used is Section 4.5.3 of the
ADA Accessibility Guidelines for Buildings and Facilities which states: If a carpet
or carpet tile is used on a ground or floor surface, then it shall be securely attached;
have a firm cushion, pad, or backing or no cushion or pad; and have a level loop,
textured loop, level cut pile, or level cut/uncut pile texture. The maximum pile
thickness shall be 1/2 in (13 mm). Exposed edges of carpet shall be fastened to
floor surfaces and have trim along the entire length of the exposed edge. Carpet
edge trim up to 1/4 in (6 mm) high can be vertical. If the edge trim is between 1/4
in (6 mm) and 1/2 in (13 mm) a bevel with a slope no greater than 1:2 shall be used.

6-5-7

n Thresholds

Problem; It is difficult for people with vision impairments to see as they approach
a threshold when moving about within or between intercity rail cars. Even though
the threshold is beveled with a slope no greater than 1:2 as required by the ADAAG
for Buildings and Facilities, it can still cause a tripping hazard for people with poor
vision as they walk on the moving train.

Solution: All thresholds and step edges on intercity rail cars shall have a band of
color(s) running the full width of the threshold which contrasts with the adjacent
floor, either light-on-dark or dark-on-light. [38.117]

An appendix note recommends that the material used contrast by at least 70%.
Percent contrast is determined by the following equation:

B - B
Contrast = — x 100

Doorways Connecting Vehicles

Solution; Doorways at ends of new cars connecting two adjacent cars, to the
maximum extent practicable in accordance with the regulations issued under the
Federal Railroad Safety Act of 1970 (49 CFR Parts 229 and 231), shall have a clear
opening width of 32 in (815 mm) to permit wheelchair and mobility aid users to
enter into a single-level dining car, if available.

Note: The DOT rule requires an accessible car adjacent to a dining car whenever
possible.

6-5-8

Public Infonnation Systems

Problem: When on the intercity rail car it is difficult for persons with disabilities to
tell when they should start getting ready to exit the train. Also, even though many
of the cars have internal speakers, these speakers cannot be heard by persons with
hearing impairments.

Solution: Each car shall be equipped with an interior public address system
permitting transportation system personnel, or recorded or digitized human speech
messages, to announce stations and provide other passenger information.
Alternative systems or devices which provide equivalent access are also permitted.
[38.121]

Note: Amtrak is experimenting with visual communication in cars.

6-5-9

□ Platform Signage

Problem; When the train pulls into a station, it is difficult to see what station it is
in because the station identification signs are too high. The only way to see them
is to squat down and look up and out of the windows. Some stations don't have
enough station identification signs so only every other car can see them.

Solution: New stations built after October 7, 1991, and key stations on intercity rail
systems shall have identification signs complying with requirements for character
proportion, height, finish and contrast of ADAAG for Buildings and Facilities.
Signs shall be placed at frequent intervals and shall be clearly visible from within the
car on both sides when not obstructed by another train. When station identification
signs are placed close to vehicle windows (i.e., on the side opposite from boarding),
each shall have the top of the highest letter or symbol below the top of the car
window and the bottom of the lowest letter or symbol above the horizontal mid-line
of the vehicle window. [10.3.1(5), 10.3.2(2)]

Station identification signs shall be designed to comply with the following signage
standards.

Character Proportion: Letters and numbers on signs shall have a width-to-
height ratio between 3:5 and 1:1 and a stroke width-to-height ratio between
1:5 and 1:10.

Character Height: Characters are numbers on signs shall be sized according
to the viewing distance from which they are to be read. The minimum height
is measured using an upper case X. Lower case characters are permitted.
If the sign is suspended above the finished floor, at least 80 in (2030 mm),
complying with minimum headroom, the minimum character height shall be
3 in (75 mm).

6-5-10

Restrooms

Problem; On the intercity rail car the path of travel to the restroom is restricted
and the restroom layout is such that it is very difficult to use for persons in
wheelchairs. Are restrooms required on commuter rail cars and if required, should
they be made accessible to persons in wheelchairs and mobility aids?

Solution; If a restroom is provided for the general public, and an accessible
restroom is required, it shall be designed so as to allow a person using a wheelchair
or mobility aid to enter and use such a restroom as specified below.

Restrooms required to be accessible shall be in close proximity to at least one
seating location for persons using mobility aids and shall be connected to such a
space by an unobstructed path having a minimum width of 32 in (815 mm).
[38.123(a)(b)]

Problem; The maneuvering space outside of the restroom on an intercity rail car
is generally quite restricted. Because of this coupled with the layout inside of the
restroom, sometimes a normal 32 in (815 mm) wide doorway is not wide enough.

Solution; Doorways on the end of the enclosure, opposite the water closet, shall
have a minimum clear opening width of 32 in (815 mm). Doorways on the side wall
shall have a minimum clear opening width of 39 in (990 mm). Door latches and
hardware shall be operable with one hand and shall not require tight grasping,
pinching, or twisting of the wrist. [38.123(a)(5)]

Problem; The floor space inside most rail car restrooms is extremely restricted and
there is not enough room to maneuver around to position the wheelchair. What is
the minimum required clear floor area for a commuter rail car accessible restroom?
Can any of the fixtures that hang from the wall share this space? Can fold-away
fixtures be used that overlap the clear floor space?

Solution; The minimum clear floor area shall be 35 in (890 mm) by 60 in (1525
mm). Permanently installed fixtures may overlap this area a maximum of 6 in (150
mm), if the lowest portion of the fixture is a minimum of 9 in (230 mm) above the
floor, and may overlap a maximum of 19 in (485 mm), if the lowest portion of the
fixture is a minimum of 29 in (735 mm) above the floor, provided such fixtures do
not interfere with access to the water closet. Fold-down or retractable seats or
shelves may overlap the clear floor space at a lower height provided they can be
easily folded up or moved out of the way. [38.123(a)(1)]

6-5-11

Problem: The height of an accessible water closet specified in ADAAG for
Buildings and Facilities is 17 to 19 in (430 to 485 mm). Is this height the same for
accessible built-in water closets like the type used in rail cars?

Solution; The height of the water closet shall be 17 in (430 mm) to 19 in (485 mm)
measured to the top of the toilet seat. Seats shall not be sprung to return to a lifted
position. [38.123(a)(2)]

Problem; In ADAAG for Buildings and Facilities, specific grab bars are required
around the water closet area. Since water closets on rail cars are usually built in
and the space is quite restricted, are grab bars required? If so, where should they
be located and how long should they be?

Solution; A grab bar at least 24 in (610 mm)) long shall be mounted behind the
water closet, and a horizontal grab bar at least 40 in (1015 mm) shall be mounted
on at least one side wall, with one end not more than 12 in (305 mm) from the back
wall, at a height between 33 in (840 mm) and 36 in (915 mm) above the floor.
[38.123(a)(3)]

Problem; Many times the faucets and flush controls are hard to reach and even if
you can reach them, they are very difficult to operate.

Solution; Faucets and flush controls shall be operable with one hand and shall not
require tight grasping, pinching, or twisting of the wrist. The force required to
activate controls shall be no greater than 5 Ibf (22.2N). Controls for flush valves
shall be mounted no more than 44 in (1115 mm) above the floor. [38.123(a)(4)]

n Sleeping Compartments

Problem; Many times persons in wheelchairs and other mobility aids would like to
ride the train across country. When looking into that possibility, not all intercity rail
cars have accessible sleeping compartments What are the design requirements for
a sleeping compartment to be accessible?

Solution; Sleeping compartments required to be accessible shall be designed so as
to allow a person using a wheelchair or mobility aid to enter, maneuver within and
approach and use each element within such compartments.

Minimum door clear width leading into the sleeping compartment from an accessible
vestibule shall be 32 in (815 mm). The accessible vestibule shall be 42 in (1065 mm)
wide. Minimum maneuvering space for a wheelchair is a 60 in (1525 mm) diameter
circle. If two hallways meet at a right angle, the minimum maneuvering space for
a wheelchair to turn the comers requires each hallway to be 36 in (915 mm) wide.
[38.127(a)]

6-5-12

Problem; Once settled in the sleeping compartment, it is difficult for a disabled
person, especially a wheelchair user, to access the restroom.

Solution: Each accessible sleeping compartment shall contain an accessible
restroom which can be entered directly from such a compartment. [38.127(b)]

Problem; Sometimes it is difficult to access the various controls, electrical plugs and
switches in a confined space such as a rail car sleeping compartment, especially by
persons in wheelchairs who have limited reach ranges.

Solution; Controls and operating mechanisms (e.g., heating and air conditioning
controls, lighting controls, call buttons, electrical outlets, etc.) shall be mounted no
more than 48 in (1220 mm) and no less than 15 in (380 mm) above the floor and
shall have a clear floor area directly in front of a minimum of 30 in (765 mm) by 48
in (1220 mm). Controls and operating mechanisms shall be operable with one hand
and shall not require tight grasping, pinching, or twisting of the wrist [38.127(c)]

6-5-13

MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES

3B-18 Crosswalks and Crosswalk Lines

Crosswalk markings at signalized intersections and across intersectional
approaches on which traffic stops, serve primarily to guide pedestrians in
the proper paths. Crosswalk markings across roadways on which traffic is
not controlled by traffic signals or STOP signs, must also serve to warn
the motorist of a pedestrian crossing point. At non-intersectional
locations, these markings legally establish the crosswalk.

Crosswalk lines shall be solid white lines, marking both edges of the
crosswalk. They shall be not less than 6 inches in width and should not be
spaced less than 6 feet apart. Under special circumstances where a stop line
is not provided or where vehicular speeds exceed 35 MPH or where
crosswalks are unexpected, it may be desirable to increase the width of the
crosswalk line up to 24" in width. Crosswalk lines on both sides of the
crosswalk should extend across the full width of pavement to discourage
diagonal walking between crosswalks (fig. 3- 14a).

Crosswalks should be marked at all intersections where there is
substantial conflict between vehicle and pedestrian movements. Marked
crosswalks should also be provided at other appropriate points of
pedestrian concentration, such as at loading islands, midblock pedestrian
crossing, or where pedestrians could not otherwise recognize the proper
place to cross.

Crosswalk markings should not be used indiscriminately. An
engineering study should be required before they are installed at locations
away from traffic signals or STOP signs.

Since non-intersectional pedestrian crossings are generally unexpected
by the motorist, warning signs (sec. 2C-31) should be installed and
adequate visibility provided by parking prohibitions.

For added visibility, the area of the crosswalk may be marked with
white diagonal lines at a 45 ° angle or with white longitudinal lines at a 90"
angle to the line of the crosswalk (figs. 3- 14b, 14c). These lines should be
approximately 12" to 24" wide and spaced 12" to 24" apart. When
diagonal or longitudinal lines are used to mark a crosswalk, the transverse
crosswalk lines may be omitted. This type of marking is intended for use at
locations where substantial numbers of pedestrians cross without any
other traffic control device, at locations where physical conditions are
such that added visibility of the crosswalk is desired or at places where a
pedestrian crosswalk might not be expected. Care should be taken to
insure that crosswalks with diagonal or longitudinal lines used at some
locations do not weaken or detract from other crosswalks (where special
emphasis markings are not used) (fig. 3- 14a). When an exclusive
pedestrian phase signal, which permits diagonal crossing, is installed at an
intersection, a unique marking may be used for the crosswalk (fig. 3-15).

Friday
September 6, 1991

Part IV

Department of
Transportation

49 CFR Parts 27, 37 and 38
Transportation for Individuals With
Disabilities: Final Rule

Federal Register / Vol. 56. No. 173 / Friday, September 6, 1991 / Rules and Regulations 45621

List of Subjects

49 CFR Part 27

Administrative practice and
procedure, Airports, Civil rights,
Handicapped, Individuals writh
disabilities, Highways and roads,
Reporting and recordkeeping
requirements. Transportation.

49 CFR Part 37

Buildings, Buses, Civil rights.
Handicapped, Individuals v\rith
disabilities. Mass transportation.
Railroads, Reporting and recordkeeping
requirements. Transportation.

49 CFR Part 38

Buses. Civil rights. Handicapped,
Individuals with disabilities. Mass

transportation, Railroads,
Transportation.

Issued this 22nd day of August, 1991. at
Washington, DC.
Samuel K. Skinner,
Secretary of Transportation.

For the reasons set forth in the
preamble, the Department takes the
following actions:

PART 27— [AMENDEDl

1. The authority citation for title 49,
part 27 Code of Federal Regulations, is
revised to read as follows:

Authority: Sec. 504 of the Rehabilitation
Act of 1973. as amended (29 U.S.C. 794); sees.
16(8) and 16(d) of the Urban Mass .
Transportation Act of 1964, as amended (49
U.S.C. 16(a) and 16(d); sec. 165(b) of the
Federal-aid Highway Act of 1973 (49 U.S.C.
142 nt.); the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101-12213; and 49 U.S.C.
322.

2. Section 27.19 of 49 CFR part 27 is
amended by revising paragraph (a) to "
read as follows:

§27.19 Compliance witfi Americans with
Disabilities Act requirements and UMTA
policy.

(a) Recipients subject to this part
(whether public or private entities as
defined in 49 CFR part 37) shall comply
with all applicable requirements of the
Americans with Disabilities Act (ADA)
of 1990 (42 U.S.C. 12101-12213) including
the Department's ADA regulations (49
CFR parts 37 and 38), the regulations of
the Department of Justice implementing
Titles II and III of the ADA (28 CFR
parts 35 and 36), and the regulations of
the Equal Employment Opportunity
Commission (EEOC) implementing title i
of the ADA (29 CFR part 1630).
Compliance with the EEOC title I
regulations is required as a condition of
compliance with section 504 for DOT
recipients even for organizations which,
because they have fewer than 25 or 15
employees, would not be subject to the
EEOC regulation in its own right.
Compliance with all these regulations is
a condition of receiving Federal
financial assistance from the
Department of Transportation. Any
recipient not in compliance with this
requirement shall be subject to
enforcement action under Subpart F of
this part.

Subparts [§§27.31-27.37) [Removed)

Subpart C[§§ 27.61-27.67) [Removed)
Subpart E [§§ 27.81-27.103) [Removed]
Appendix to Subpart E [Removed]
§27.73 [Removed)
Appendix A to Subpart D [Removed]

3. Subparts B (§§ 27.31-27.37), C

(§§ 27.61-27.67), E (§§ 27.81-27.103) and
the Appendix to subpart E of 49 CFR
part 27 are removed, and § 27.73 and
Appendix A to Subpart D thereof are
removed.

Subpart F [§§ 27.121-27.129]
[Redesignated as Subpart C)

Subpart D [ §§ 27.7 1 -27.75 ] [ Redesignated
as Subpart B)

4. Subpart F (§§ 27.121-27.129) thereof
is redesignated as new subpart C and
subpart D (§§ 27.71 and 27.75) is
redesignated as new subpart B.

5. The text of § 27.3 thereof is
designated as paragraph (a) and a new
paragraph (b) is added to § 27.3, to read
as follows:

§27.3 Applicability.

(b) Design, construction, or alteration
of buildings or other fixed facilities by
public entities subject to part 37 of this
title shall be in conformance with
Appendix A to part 37 of this title. All
^ther entities subject to section 504 shall
design, construct or alter a building, or
other fixed facilities shall be in
conformance with either Appendix A to
part 37 of this title or the Uniform
Federal Accessibility Standards, 41 CFR
part 101-19 subpart 101-19.6, appendix
A.

6. Wherever a reference occurs to
§ 27.67(d) in 49 CFR part 27, it is
changed to § 27.3(b).

7. Removed from § 27.5 thereof are the
definitions of "accessible," "closed
station," "flag stop," "mass
transportation," "mixed system," "open
station," "passenger," and "urbanized
area."

8. Section 27.67 is amended by
removing paragraph (d), effective
October 7, 1991.

9. Title 49, Code of Federal
Regulations, part 37, is revised to read
as follows:

PART 37— TRANSPORTATION
SERVICES FOR INDIVIDUALS WITH
DISABILITIES (ADA)
Subpart A — General

Sec.

37.1 Purpose.

37.3 Definitions.

45622 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

Sec

37.5 Nondiscrimination.

37 7 Standards for accessible vehicles.

37 9 Standards for accessible transportation

facilities.
37,11 Administrative enforcement.
37.13 Effective date for certain vehicle lift

specifications.
37.15-37.19 [Reserved)

Subpart B— Applicability

37.21 Applicability: General.

37.23 Service under contract.

37.25 University transportation systems.

37.27 Transportation for elementary and

secondary education systems.
37.29 Private entities providing taxi service.
37.31 Vanpools.

37.33 Airport transportation systems.
37.35 Supplemental service for other

transportation modes.
37.37 Other applications.
37.39 [Reserved]

Subpart C— Transportation Facilities

37.41 Construction of transportation

facilitie ; by public entities.
37.43 Alter d tion of transportation facilities

by public entities.
37.45 Construction and alteration of

transportation facilities by private

entities.
37.47 Key stations in light and rapid rail

systems.
37.49 Designation of responsible per8on(s)

for intercity and commuter rail stations.
37.51 Key stations in commuter rail systems.
37.53 Exception for New York and

Philadelphia
37.55 Intercity rail station accessibility.
37.57 Required cooperation.
37.59 Differences in accessibility completion

dates.
37.61 Public transportation programs and

activities in existing facilities.
37.63-37.69 [Reserved]

Subpart D— Acquisition of Accessible
Vehicles by Public Entitles

37.71 Purchase or lease of new non-rail

vehicles by public entities operating

fixed route systems.
37.73 Purchase or lease of used non-rail

vehicles by public entities operating

fixed route systems.
37.75 Remanufacture of non-rail vehicles

and purchase or lease of remanufactured

non-rail vehicles by public entities

operating fixed route systems.
37.77 Purchase or lease of new non-rail

vehicles by public entities operating

demand responsive systems for the

general public.
37.79 Purchase or lease of new rail vehicles

by public entities operating rapid or light

rail systems.
37.81 Purchase or lease of used rail vehicles

by public entities operating rapid or light

rail systems.
37.83 Remanufacture of rail vehicles and

purchase or lease of remanufactured rail

vehicles by public entities operating

rapid or light rail systems
37.85 Purchase or lease of new intercity and

commuter rail cars.
37.87 Purchase or lease of used intercity and

commuter rail cars.

37.89 Remanufacture of intercity and

commuter rail cars and purchase or lease
of remanufactured intercity and
commuter rail cars.

J7.91 Wheelchair locations and food service
on intercity rail trains.

37.93 One car per train rule.

37.95 Ferries and other passenger vessels
operated by public entities. [Reserved]

37.97-37.99 (Reserved)

Subpart E— Acquisition of Accessible
Vehicles by PHvate Entitles

37.101 Purchase or lease of vehicles by
private entities not primarily engaged in
the business of transporting people.

37.103 Purchase or lease of new non-rail
vehicles by private entities primarily
engaged in the business of transporting
people.

37.105 Equivalent service standard. '

37.107 Acquisition of passenger rail cars by
private entities primarily engaged in the
business of transporting people.

37.109 Ferries and other passenger vessels
operated by private entities. [Reserved]

37.111-37,119 [Reserved]

Subpart F— Paratransit as a Complement to
Fixed Route Service

37.121 Requirement for comparable

complementary paratransit service.
37.123 ADA paratransit eligibility:

Standards.
37.125 ADA paratransit eligibility: Process.
37.127 Complementary paratransit service

for visitors.
37.129 Types of service.
37.131 Service criteria for complementary

paratransit.
37.133 Subscription service.
37.135 Submission of paratransit plan.
37.137 Paratransit plan development.
37.139 Plan contents.
37.141 Requirements for a joint paratransit

plan.
37.143 Paratransit plan implementation.
37.145 State comment on plans.
37.147 Considerations during UMTA review.
37.149 Disapproved plans.
37.151 Waiver for undue financial burden,
37.153 UMTA waiver determination.
37.155 Factors in decision to grant an undue

financial burden waiver.
37.157-37.159 [Reserved]

Subpart G— Provision of Service

37.161 Maintenance of accessible features:

General.
37.163 Keeping vehicle lifts in operative

condition — public entities.
37.165 Lift and securement use.
37.167 Other service requirements.
37.169 Interim requirements for over-the-

road bus service operated by private

entities.
37.171 Equivalency requirement for demand

responsive service operated by private

entities not primarily engaged in the

business of transporting people.
37.173 Training requirements.

Appendix A to part 37 — Standards for
Accessible Transportation Facilities

Appendix P to part 37— UMTA Regional
Offices

Appendix C to part 37 — Certifications

Appendix D to part 37 — Construction and
Interpretations of Provisions of 49 CFR part

Authority: Americans with Disabilities Act
of 1990 (42 U.S.C. 12101-12213); 49 U.S.C. 322.

Subpart A— General
§ 37.1 Purpose.

The purpose of this part is to
implement the transportation and
related provisions of titles II and III of
the Americans with Disabilities Act of
1990.

§ 37.3 Definitions. ^

As used in this part:

Accessible means, with respect to
vehicles and facilities, complying with
the accessibility requirements of parts
37 and 38 of this title.

The Act or ADA means the Americana
with Disabilities Act of 1990 (Pub. L.
101-33Q, 104 Stat. 327, 42 U.S.C. 12101-
12213 and 47 U.S.C. 225 and 811), as it
may be amended from time to time.

Administrator means Administrator oi
the Urban Mass Transportation
Administration, or his or her designee.

Alteration means a change to an
existing facility, including, but not
limited to, remodeling, renovation,
rehabilitation, reconstruction, historic
restoration, changes or rearrangement in
structural parts or elements, and
changes or rearrangement in the plan
configuration of walls and full-height
partitions. Normal maintenance,
reroofing, painting or wallpapering,
asbestos removal, or changes to
mechanical or electrical systems are not
alterations unless they affect the
usability of the building or facility.

Automated guideway transit system
or .4Cr means a fixed-guideway transit
system which operates with automated
(driverless) individual vehicles or multi-
car trains. Ser^'ice may be on a fixed
schedule or in response to a passenger-
activated call button.

Auxiliary aids and services includes:

(1) Qualified interpreters, notetakers,
transcription services, written materials,
telephone headset amplifiers, assistive
listening devices, assistive listening
systems, telephones compatible with
hearing aids, closed caption decoders,
closed and open captioning, text
telephones (also known as telephone
devices for the deaf, or TDDs), videotext
displays, or other effective methods of
making aurally delivered materials

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45623

available to individuals with hearing
impairments;

(2) Qualified readers, taped texts,
audio recordings, Braiiled materials,
large print materials, or other effective
methods of making visually delivered
materials available to individuals with
visual impairments;

(3) Acquisition or modification of
equipment or devices; or

(4) Other similar services or actions.
Bus means any of several types of

self-propelled vehicles, generally
rubber-tired, intended for use on city
streets, highways, and busways,
including but not limited to minibuses,
forty- and thirty-foot buses, articulated
buses, double-deck buses, and
electrically powered trolley buses, used
by public entities to provide designated
public transportation service and by
private entities to provide transportation
service including, but not limited to,
specified public transportation services.
Self-propelled, rubber-tired vehicles
designed to look like antique or vintage
trolleys are considered buses.

Commerce means travel, trade,
transportation, or communication among
the several states, between any foreign
country or any territory or possession
and any state, or between points in the
same state but through another state or
foreign country.

Commuter authority means any state,
local, regional authority, corporation, or
other entity established for purposes of
providing commuter rail transportation
(including, but not necessarily limited to,
the New York Metropolitan
Transportation Authority, the
Connecticut Department of
Transportation, the Maryland
Department of Transportation, the
Southeastern Pennsylvania
Transportation Authority, the New
Jersey Transit Corporation, the
Massachusetts Bay Transportation
Authority, the Port Authority Trans-
Hudson Corporation, and any successor
agencies) and any entity created by one
or more such agencies for the purposes
of operating, or contracting for the
operation of, commuter rail
transportation.

Commuter bus service means fixed
route bus service, characterized by
service predominantly in one direction
during peak periods, limited stops, use
of multi-ride tickets, and routes of
extended length, usually between the
central business district and outlying
suburbs. Commuter bus service may
also include other service, characterized
by a limited route structure, limited
stops, and a coordinated relationship to
another mode of transportation.

Commuter rail car means a rail
passenger car obtained by a commuter

authority for use in commuter rail
transportation.

Commuter rail transportation means
short-haul rail passenger service
operating in metropolitan and suburban
areas, whether within or across the
geographical boundaries of a state,
usually characterized by reduced fare,
multiple ride, and commutation tickets
and by morning and evening peak
period operations. This term does not
include light or rapid rail transportation.

Demand responsive system means
any system of transporting individuals,
including the provision of designated
public transportation service by public
entities and the provision of
transportation service by private
entities, including but not limited to
specified public transportation service,
which is not a fixed route system.

Designated public transportation
means transportation provided by a
public entity (other than public school
transportation) by bus, rail, or other
conveyance (other than transportation
by aircraft or intercity or commuter rail
transportation) that provides the general
public with general or special service,
including charter service, on a regular
and containing basis.

Disability means, with respect to an
individual, a physical or mental
impairment that substantially limits one
or more of the major life activities of
such individual; a record of such an
impairment; or being regarded as having
such an impairment.

(1 ) The phrase physical or mental
impairment means —

(i) Any physiological disorder or
condition, cosmetic disfigurement, or
anatomical loss affecting one or more of
the following body systems:
neurological, musculoskeletal, special
sense organs, respiratory including
speech organs, cardiovascular,
reproductive, digestive, genito-urinary,
hemic and lymphatic, skin, and
endocrine;

(ii) Any mental or psychological
disorder, such as mental retardation,
organic brain syndrome, emotional or
mental illness, and specific learning
disabilities;

(iii) The \.erm physical or mental
impairment includes, but is not limited
to, such contagious or noncontagious
diseases and conditions as orthopedic,
visual, speech, and hearing impairments;
cerebral palsy, epilepsy, muscular
dystrophy, multiple sclerosis, cancer,
heart disease, diabetes, mental
retardation, emotional illness, specific
learning disabilities, HIV disease,
tuberculosis, drug addiction and
alcoholism;

(iv) The phrase physical or mental
impairment does not include
homosexuality or bisexuality.

(2) The phrase major life activities
means functions such as caring for one's
self, performing manual tasks, walking,
seeing, hearing, speaking, breathing,
learning, and work.

(3) The phrase has a record of such an
impairment means has a history of, or
has been misclassified as having, a
mental or physical impairment that
substantially limits one or more major
life activities.

(4) The phrase is regarded as having
such an impairment means —

(i) Has a physical or mental
impairment that does not substantially
limit major life activities, but which is
treated by a public or private entity as
constituting such a limitation;

(ii) Has a physical or mental
impairment that substantially limits a
major life activity only as a result of the
attitudes of others toward such an
impairment; or

(iii) Has none of the impairments
defined in paragraph (1) of this
definition but is treated by a public or
private entity as having such an
impairment.

(5) The term disability does not
include —

(i) Transvestism, transsexualism,
pedophilia, exhibitionism, voyeurism,
gender identity disorders not resulting
from physical impairments, or other
sexual behavior disorders;

(ii) Compulsive gambling,
kleptomania, or pyromania;

(iii) Psychoactive substance abuse
disorders resulting from the current
illegal use of drugs.

Facility means all or any portion of
buildings, structures, sites, complexes,
equipment, roads, walks, passageways,
parking lots, or other real or personal
property, including the site where the
building, property, structure, or
equipment is located.

Fixed route system means a system of
transporting individuals (other than by
aircraft), including the provision of
designated public transportation service
by public entities and the provision of
transportation service by private
entities, including, but not limited to,
specified public transportation service,
on which a vehicle is operated along a
prescribed route according to a fixed
schedule.

High speed rail means a rail service
having the characteristics of intercity
rail service which operates primarily on
a dedicated guideway or track not used,
for the most part, by freight, including,
but not limited to, trains on welded rail,
magnetically levitated (maglev) vehicles

45624 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

on a special guideway, or other
advanced technology vehicles, designed
to travel at speeds in excess of those
possible on other types of railroads.

Individual with a disability means a
person who has a disability, but does
not include an individual who is
currently engaging in the illegal use of
drugs, when a public or private entity
acts on the basis of such use.

Intercity rail passenger car means a
rail car, intended for use by revenue
passengers, obtained by the National
Railroad Passenger Corporation
(Amtrak) for use in intercity rail
transportation.

Intercity rail transportation means
transportation provided by Amtrak.

Light rail means a streetcar-type
vehicle operated on city streets, semi-
exclusive rights of way, or exclusive
rights of way. Service may be provided
by step-entry vehicles or by level
boarding.

New vehicle means a vehicle which is
offered for sale or lease after
manufacture without any prior use.

Operates includes, with respect to a
fixed route or demand responsive
system, the provision of transportation
service by a public or private entity
itself or by a person under a contractual
or other arrangement or relationship
with the entity.

Over-the-road bus mgans a bus
characterized by an elevated passenger
deck located over a baggage
compartment.

Paratransit means comparable
transportation service required by the
ADA for individuals with disabilities
who are unable to use fixed route
transportation systems.

Private entity means any entity other
than a public entity.

Public entity means;

(1) Any state or local government;

(2) Any department, agency, special
purpose district, or other instrumentality
of one or more state or local
governments; and

(3) The National Railroad Passenger
Corporation (Amtrak) and any
commuter authority.

Purchase or lease, with respect to
vehicles, means the time at which an
entity is legally obligated to obtain the
vehicles, such as the time of contract
execution.

Public school transportation means
transportation by schoolbus vehicles of
schoolchildren, personnel, and
equipment to and from a public
elementary or secondary school and
school-related activities.

Rapid rail means a subway-type
transit vehicle railway operated on
exclusive private rights of way with high
'evel platform stations. Rapid rail also

may operate on elevated or at grade
level track separated from other traffic.

Remanufactured vehicle means a
vehicle which has been structurally
restored and has had new or rebuilt
major components installed to extend its
service life.

Secretary means the Secretary of
Transportation or his/her designee.

Section 504 means section 504 of the
Rehabilitation Act of 1973 (Pub. L. 93-
112, 87 Stat. 394, 29 U.S.C. 794), as
amended.

Service animal means any guide dog,
signal dog, or other animal individually
trained to work or perform tasks for an
individual with a disability, including,
but not limited to, guiding individuals
with impaired vision, alerting
individuals with impaired hearing to
intruders or sounds, providing minimal
protection or rescue work, pulling a
wheelchair, or fetching dropped items.

Solicitation means the closing date for
the submission of bids or offers in a
procurement.

Specified public transportation means
transportation by bus, rail, or any other
conveyance (other than aircraft)
provided by a private entity to the
general public, with general or special
service (including charter service) on a
regular and continuing basis.

Station means, with respect to
intercity and commuter rail
transportation, the portion of a property
located appurtenant to a right of way on
which intercity or commuter rail
transportation is operated, where such
portion is used by the general public and
IS related to the provision of such
transportation, including passenger
platforms, designated waiting areas,
reslrooms, and, where a public entity
providing rail transportation owna-the
property, concession areas, to the extent
that such public entity exercises control
over the selection, design, construction,
or alteration of the property, but this
term does not include flag stops (i.e.,
stations which are not regularly
scheduled stops but at which trains will
stop to board or detrain passengers only
on signal or advance notice).

Transit facility means, for purposes of
determining the number of text
telephones needed consistent with
section 10.3.1(12) of appendix A tothis
part, a physical structure the primary
function of which is to facilitate access
to and from a transportation system
which has scheduled stops at the
structure. The term does not include an
open structure or a physical structure
the primary purpose of which is other
than providing transportation services.

UMT Act means the Urban Mass
Transportation Act of 1964, as amended
(49 U.S.C. App. 1601 et seq.).

Used I ehicle means a vehicle with
prior use

Vanpo )/ means a voluntary commuter
rideshar ag arrangement, using vans
with a S( ating capacity greater than 7
persons including the driver) or buses,
which pr )vides transportation to a
group of ndividuals traveling directly
from their homes to their regular places
of work .vithin the same geographical
area, and in which the commuter/driver
does not receive compensation beyond
reimbursement for his or her costs of
providing the service.

Vehicle, as the term is applied to
private entities, does not include a rail
passenger car, railroad locomotive,
railroad freight car, or railroad caboose,
or other rail rolling stock described in
section 242 of title III of the Act.

Wheelchair means a mobility aid
belonging to any class of three or four-
wheeled devices, usable indoors,
designed for and used by individuals
with mol)ility impairments, whether
operated manually or powered. A
"common wheelchair" is such a device
which does not exceed 30 inches in
width and 48 inches in length measured
two inches above the ground, and does
not weigh more than 600 pounds when
occupied.

§ 37.5 Nondiscrimination.

(a) No entity shall discriminate
against an individual with a disability in
connection with the provision of
transportation service.

(b) Notwithstanding the provision of
any special transportation service to
individuals with disabilities, an entity
shall not, on the basis of disability, deny
to any individual with a disability the
opportunity to use the entity's
transportation service for the general
public, if the individual is capable of
using that service.

(c) An entity shall not require an
individual with a disability to use
designated priority seats, if the
individual does not choose to use these
seats.

(d) An entity shall not impose special
charges, not authorized by this part, on
individuals with disabilities, including
individuals who use wheelchairs, for
providing services required by this part
or otherwise necessary to accommodate
them.

(e) An entity shall not require that an
individual with disabilities be
accompanied by an attendant.

(f) Private entities that are primarily
engaged in the business of transporting
people and whose operations affect
commerce shall not discriminate against
any individual on the basis of disability
in the full and equal enjoyment of

Federal Register / Vol. 56. No. 173 / Friday, September 6, 1991 / Rules and Regulations 45625

specified transportation services. This
obligation includes, with respect to the
provision of transportation services,
compliance with the requirements of the
rules of the Department of justice
concerning eligibility criteria, making
reasonable modifications, providing
auxiliary aids and services, and
removing barriers (28 CFR 36.301—
36.306).

(g) An entity shall not refuse to serve
an individual with a disability or require
anything contrary to this part because
its insurance company conditions
coverage or rates on the absence of
individuals with disabilities or
requirements contrary to this part.

(h) It is not discrimination under this
part for an entity to refuse to provide
service to an individual with disabilities
because that individual engages in
violent, seriously disruptive, or illegal
conduct. However, an entity shall not
refuse to provide service to an
individual with disabilities solely
because the individual's disability
results in appearance or involuntary
behavior that may offend, annoy, or
inconvenience employees of the entity
or other persons.

§ 37.7 Standards for accessible vehicles.

(a) For purposes of this part, a vehicle
shall be considered 'o 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.

(b) For purposes of implementing the
equivalent facilitation provision in § 38.2
of this title, a determination of
compliance will be made by the
Administrator or the Federal Railroad
Administrator, as applicable, on a case-
by-case basis. An entity wishing to
employ equivalent facilitation in relation
to a specification of part 38 of this title
shall submit such a request to UMTA or
FRA, as applicable, and include the
following information:

(1) Entity name, address, contact
person, and telephone;

(2) Specific provision of part 38 of this
title with which the entity is unable to
comply,

(3) Reasons for inability to comply;

(4) Alternative method of compliance,
with demonstration of how the
alternative meets or exceeds the level of
accessibility or usability of the vehicle
provided in part 38 of this title; and

(5) Public participation used in
developing alternative method of
compliance and input from that
participation.

this part) shall comply with § 38.23 and
subpart G of part 38 of this title.

§ 37.9 Standards for accessible
transportation facilities.

(a) For purposes of this part, a
transportation facility 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 appendix A to this part.

(b) Facility alterations begun before
January 26, 1992, in a good faith effort to
make a facility accessible to individuals
v.'ith disabilities may be used to meet
the key station requirements set forth in
§§ 37.47 and 37,51 of this part, even if
these alterations are not consistent with
the standards set forth in appendix A to
this part, if the modifications complied
with the Uniform Federal Accessibility
Standard (UFAS) (41 CFR part 101-19,
subpart 101-19.6) or ANSI A117.1(1980)
(American National Standards
Specification for Making Buildings and
Facilities Accessible to and Usable by,
the Physically Handicapped). This
paragraph applies only to alterations of
individual elements and spaces and only
to the extent that provisions covering
those elements or spaces are contained
in UFAS or ANSI A117.1, as applicable.

(c) Public entities shall ensure the
construction of new bus stop pads are in
compliance with section 10.2.1.(1) of
appendix A to this part, to the extent
construction specifications are within
their control.

(d) For purposes of implementing the
equivalent facilitation provision in
section 2.2 of appendix A to this part, a
determination of compliance will be
made by the Administrator or the
Federal Railroad Administrator, as
applicable, on a case-by-case basis. An
entity wishing to employ equivalent
facilitation in relation to a specification
of appendix A to this part shall submit
such a request to UMTA or FRA, as
applicable, and include the following
information:

(1) Entity name, address, contact
person and telephone;

(2) Specific provision of appendix A
with which the entity is unable to
comply;

(3) Reasons for inability to comply;

(4) Alternative method of compliance,
with demonstration of how the
alternative meets or exceeds the level of
accessibility or usability of the facility
provided in appendix A; and

(5) Public participation used in
developing alternative method of
compliance and input from that
participation.

§ 37. 11 Administrative enforcement.

(a) Recipients of Federal financial
assistance from the Department of
Transportation are subject to
administrative enforcement of the
requirements of this part under the
provisions of 49 CFR part 27, subpart F.

(b) Public entities, whether or not they
receive Federal financial assistance,
also are subject to enforcement action
as provided by the Department of
justice.

(c) Private entities, whether or not
they receive Federal financial
assistance, are also subject to
enforcement action as provided in the
regulations of the Department of justice
implementing title HI of the ADA (28
CFR part 36).

§ 37.13 Effective date for certain vehicle
lift specifications.

The vehicle lift specifications
identified in §§ 38.23(b)(6), 38.83(b)(6),
38.95(b)(6), and 38.125(b) of this title
apply to solicitations for vehicles under
this part after January 25, 1992.

§§37.15-37.19 [Reserved]

Subpart B— Applicability

§ 37.21 Applicability: General.

(a) This part applies to the following
entities, whether or not they receive
F^ederal financial assistance from the
Department of Transportation:

(1) Any public entity that provides
designated public transportation or
intercity or commuter rail
transportation;

(2) Any private entity that provides
specified public transportation; and

(3) Any private entity that is not
primarily engaged in the business of
transporting people but operates a
demand responsive or fixed route
system.

(b) For entities receiving Federal
financial assistance from the
Department of Transportation,
compliance with applicable
requirements of this part is a condition
of compliance with section 504 of the
Rehabilitation Act of 1973 and of
receiving financial assistance.

(c) Entities to which this part applies
also may be subject to ADA regulations
of the Department of justice (28 CFR
parts 35 or 36, as applicable). The
provisions of this part shall be
interpreted in a manner that will make
them consistent with applicable
Department of Justice regulations. In any
case of apparent inconsistency, the
provisions of this part shall prevail.

45626 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

§ 37.23 Service under contract.

(d) When a public entity enters into a
contractual or other arrangement or
relationship with a private entity to
operate fixed route or demand
responsive service, the public entity
shall ensure that the private entity
meets the requirements of this part that
would apply to the public entity if the
public entity itself provided the service.

(b) 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.

(c) A public entity which enters into a
contractual o: other arrangement or
relationship \- ith 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.

(d) A private entity that provides
fixed route or demand responsive
transportation service under contract or
other arrangement with another private
entity shall be governed, for purposes of
the transportation service involved, by
the provisions of this part applicable to
the other entity.

§ 37.25 University transportation systems.

(a) Transportation services operated
by private institutions of higher
education are subject to the provisions
of this part governing private entities not
primarily engaged in the business of
transporting people.

(b) Transportation systems operated
by public institutions of higher
education are subject to the provisions
of this part governing public entities. If a
public institution of higher education
operates a fixed route system, the
requirements of this part governing
commuter bus service apply to that
system.

§ 37.27 Transportation for elementary and
secondary education systems.

(a) The requirements of this part do
not apply to public school
transportation.

(b) The requirements of this part do
not apply to the transportation of school
children to and from a private
elementary or secondary school, and its
school-related activities, if the school is
a recipient of Federal financial
assistance, subject to the provisions of
section 504 of the Rehabilitation Act of

1973, and is providing transportation
service to students with disabilities
equivalent to that provided to students
without disabilities. The test of
equivalence is the same as that provided
in § 37.105. If the school does not meet
the criteria of this paragraph for
exemption from the requirements of this
part, it is subject to the requirements of
this part for private entities not
primarily engaged in transporting
people.

§ 37.29 Private entities providing taxi
service.

(a) Providers of taxi service are
subject to the requirements of this part
for private entities primarily engaged in
the business of transporting people
which provide demand responsive
service.

(b) Providers of taxi service are not
required to purchase or lease accessible
automobiles. When a provider of taxi
service purchases or leases a vehicle
other than an automobile, the vehicle is
required to be accessible unless the
provider demonstrates equivalency as
provided in § 37.105 of this part. A
provider of taxi service is not required
to purchase vehicles other than
automobiles in order to have a number
of accessible vehicles in its fleet.

(c) Private entities providing taxi
service shall not discriminate against
individuals with disabilities by actions
including, but not limited to, refusing to
provide service to individuals with
disabilities who can use taxi vehicles,
refusing to assist with the stowing of
mobility devices, and charging higher
fares or fees for carrying individuals
with disabilities and their equipment
than are charged to other persons.

§37.31 Vanpools.

Vanpool systems which are operated
by public entities, or in which public
entities own or purchase or lease the
vehicles, are subject to the requirements
of this part for demand responsive
service for the general public operated
by public entities. A vanpool system in
this category is deemed to be providing
equivalent service to individuals with
disabilities if a vehicle that an
individual with disabilities can use is
made available to and used by a
vanpool in which such an individual
chooses to participate.

§ 37.33 Airport transportation systems.

(a) Transportation systems operated
by public airport operators, which
provide designated public transportation
and connect parking lots and terminals
or provide transportation among
terminals, are subject to the
requirements of this part for fixed route

or demand responsive systems, as
applicable, operated by public entities.
Public airports which operate fixed
route transportation systems are subject
to the requirements of this part for
commuter bus service operated by
public entities. The provision by an
airport of additional accommodations
(e.g., parking spaces in a close-in lot) is
not a substitute for meeting the
requirements of this part.

(b) Fixed-route transportation systems
operated by public airport operators
between the airport and a limited
number of destinations in the area it
serves are subject to the provisions of
this part for commuter bus systems
operated by public entities.

(c) Private jitney or shuttle services
that provide transportation between an
airport and destinations in the area it
serves in a route-deviation or other
variable mode are subject to the
requirements of this part for private
entities primarily engaged in the
business of transporting people which
provide demand responsive service.
They may meet equivalency
requirements by such means as sharing
or pooling accessible vehicles among
operators, in a way that ensures the
provision of equivalent service.

§ 37.35 Supplemental service for other
transportation modes.

(a) Transportation service provided
by bus or other vehicle by an intercity
commuter or rail operator, as an
extension of or supplement to its rail
service, and which connects an intercity
rail station and limited other points, is
subject to the requirements of this part
for fixed route commuter bus service
operated by a public entity.

(bj Dedicated bus service to commuter
rail systems, with through ticketing
arrangements and which is available
only to users of the commuter rail
system, is subject to the requirements of
this part for fixed route commuter bus
service operated by a public entity.

§ 37.37 Other applications.

(a) A private entity does not become
subject to the requirements of this part
for public entities, because it receives an
operating subsidy from, is regulated by,
or is granted a franchise or permit to
operate by a public entity.

(b) Shuttle systems and other
transportation services operated by
privately-owned hotels, car rental
agencies, historical or theme parks, and
other public accommodations are
subject to the requirements of this part
for private entities not primarily
engaged in the business of transporting
people. Either the requirements for

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45627

demand responsive or fixed route
service may apply, depending upon the
characteristics of each individual
system of transportation.

(c) Conveyances used by members of
the public primarily for recreational
purposes rather than for transporation
(e.g., amusement park rides, ski lifts, or
historic rail cars or trolleys operated in
museum settings) are not subject to the
requirements of this part. Such
conveyances are subject to Department
of Justice regulations implementing title

II or title III of the ADA (28 CFR part 35
or 36), as applicable.

(d) Transportation services provided
by an employer solely for its own
employees are not subject to the
requirements of this part. Such services
are subject to the regulations of the
Equal Employment Opportunity
Commission under title I of the ADA (29
CFR part 1630) and, with respect to
public entities, the regulations of the
Department of justice under title II of
the ADA (28 CFR part 35).

(e) Transportation systems operated
by private clubs or establishments
exempted from coverage under title II of
the Civil Rights Act of 1964 (42 U.S.C.
2000-a(e)) or religious organizations or
entities controlled by religious
organizations are not subject to the
requirements of this part.

(f) If a parent private company is not
primarily engaged in the business of
transporting people, or is not a place of
public accommodation, but a subsidiary
company or an operationally distinct
segment of the company is primarily
engaged in the business of transporting
people, the transportation service
provided by the subsidiary or segment is
subject to the requirements of this part
for private entities primarily engaged in
the business of transporting people.

(g) High-speed rail systems operated
by public entities are subject to the
requirements of this part governing
intercity rail systems.

(h) Private rail systems providing
fixed route or specified public
transportation service are subject to the
requirements of § 37.107 with respect to
the acquisition of rail passenger cars.
Such systems are subject to the
requirements of the regulations of the
Department of justice implementing title

III of the ADA (28 CFR part 36) with
respect to stations and other facilities.

§37.39 [Reserved]

Subpart C— Transportation Facilities

§ 37.41 Construction of transportation
facilities by public entities.

A public entity shall construct any
new facility to be used in providing
designated public transportation

services so that the facility is readily
accessible to and usable by individuals
with disabilities, including individuals
who use wheelchairs. This requirement
also applies to the construction of a new
station for use in intercity or commuter
rail transportation. For purposes of this
section, a facility or station is "new" if
its construction begins (i.e., issuance of
notice to proceed) after January 25, 1992,
or, in the case of intercity or commuter
rail stations, after October 7, 1991.

§ 37.43 Alteration of transportation
facilities by public entities.

(a) (1) When a public entity alters an
existing facility or a part of an existing
facility used in providing designated
public transportation services in a way
that affects or could affect the usability
of the facility or part of the facility, the
entity shall make the alterations (or
ensure that the alterations are made) in
such a manner, to the maximum extent
feasible, that the altered portions of the
facility are readily accessible to and
usable by individuals with disabilities,
including individuals who use
wheelchairs, upon the completion of
such alterations.

(2) When a public entity undertakes
an alteration that affects or could affect
the usability of or access to an area of a
facility containing a primary function,
the entity shall make the alteration in
such a manner that, to the maximum
extent feasible, the path of travel to the
altered area and the bathrooms,
telephones, and drinking fountains
serving the altered area are readily
accessible to and usable by individuals
with disabilities, including individuals
who use wheelchairs, upon completion
of the alterations. Provided, that
alterations to the path of travel, drinking
fountains, telephones and bathrooms are
not required to be made readily
accessible to and usable by individuals
with disabilities, including individuals
who use wheelchairs, if the cost and
scope of doing so would be
disproportionate.

(3) The requirements of this paragraph
also apply to the alteration of existing
intercity or commuter rail stations by
the responsible person for, owner of, or
person in control of the station.

(4) The requirements of this section
apply to any alteration which begins
(i.e., issuance of notice to proceed or
work order, as applicable) after January
25, 1992, or, in the case of intercity and
commuter rail stations, after October 7,
1991.

(b) As used in this section, the phrase
to the maximum extent feasible applies
to the occasional case where the nature
of an existing facility makes it
impossible to comply fully with

applicable accessibility standards
through a planned alteration. In these
circumstances, the entity shall provide
the maximum physical accessibility
feasible. Any altered features of the
facility or portion of the facility that can
be made accessible shall be made
accessible. If providing accessibility to
certain individuals with disabilities (e.g.,
those who use wheelchairs) would not
be feasible, the facility shall be made
accessible to individuals with other
types of disabilities (e.g., those who use
crutches, those who have impaired
vision or hearing, or those who have
other impairments).

(c) As used in this section, a primary
function is a major activity for which the
facility is intended. Areas of
transportation facilities that involve
primary functions include, but are not
necessarily limited to, ticket purchase
and collection areas, passenger waiting
areas, train or bus platforms, baggage
checking and return areas and
employment areas (except those
involving non-occupiable spaces
accessed only by ladders, catwalks,
crawl spaces, very narrow
passageways, or freight (non-passenger)
elevators which are frequented only by
repair personnel).

(d) As used in this section, a "path of
travel" includes a continuous,
unobstructed way of pedestrian passage
by means of which the altered area may
be approached, entered, and exited, and
which connects the altered area with an
exterior approach (including sidewalks,
parking areas, and streets), an entrance
to the facility, and other parts of the
facility. The term also includes the
restrooms, telephones, and drinking
fountains serving the altered area. An
accessible path of travel may include
walks and sidewalks, curb ramps and
other interior or exterior pedestrian
ramps, clear floor paths through
corridors, waiting areas, concourses,
and other improved areas, parking
access aisles, elevators and lifts,
bridges, tunnels, or other passageways
between platforms, or a combination of
these and other elements.

(e) (1) Alterations made to provide an
accessible path of travel to the altered
area will be deemed disproportionate to
the overall alteration when the cost
exceeds 20 percent of the cost of the
alteration to the primary function area
(without regard to the costs of
accessibility modifications).

(2) Costs that may be counted as
expenditures required to provide an
accessible path of travel include:

(i) Costs associated with providing an
accessible entrance and an accessible

45628

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

route to the altered area (e.g., widening
doorways and installing ramps);

(ii) Costs associated with making
restrooms accessible (e.g., grab bars,
enlarged toilet stalls, accessible faucet
controls);

(iii) Costs associated with providing
accessible telephones (e.g., relocation of
phones to an accessible height,
installation of amplification devices or
TDDs);

(iv) Costs associated with relocating
an inaccessible drinking fountain

(f) (1) When the cost of alterations
necessary to make a path of travel to the
altered area fully accessible is
disproportionate to the cost of the
overall alteration, then such areas shall
be make accessible to the maximum
extent without resulting in
disproportionate costs;

(2) In this situation, the public entity
should give priority to accessible
elements that will provide the greatest
access, in the following order:

(i) An accessible entrance;

(ii) An accessible route to the altered
area;

(iii) At least one accessible restroom
for each sex or a single unisex restroom
(where there are one or more
restrooms);

(iv) Accessible telephones;

(v) Accessibie drinking fountains;

(vi) When possible, other accessible
elements (e.g., parking, storage, alarms).

(g) If a public entity performs a series
of small alterations to the area served
by a single path of travel rather than
making the alterations as part of a single
undertaking, it shall nonetheless be
responsible for providing an accessible
path of travel.

(h)(1) If an area containing a primary
function has been altered without
providing an accessible path of travel to
that area, and subsequent alterations of
that area, or a different area on the
same path of travel, are undertaken
within three years of the original
alteration, the total cost of alteration to
the primary function areas on that path
of travel during the preceding three year
period shall be considered in
determining whether the cost of making
that path of travel is disproportionate;

(2) For the first three years after
January 26, 1992, only alterations
undertaken between that date and the
date of the alteration at issue shall be
considered in determining if the cost of
providing accessible features is
disproportionate to the overall cost of
the alteration.

(3) Only alterations undertaken after
January 26, 1992, shall be considered in
determining if the cost of providing an
accessible path of travel is

disproportionate to the overall cost of
the alteration.

§ 37.45 Constructon and alteration of
transportation facilities by private entities.

In constructing and altermg transit
facilities, private entities shall comply
with the regulations of the Department
of Justice implementing Title III of the
ADA (28CFR part 36).

§ 37.47 Key stations in light and rapid rail
systems.

(a) Each public entity that provides
designated public transportation by
means of a light or rapid rail system
shall make key stations on its system
readily accessible to and usable by
individuals with disabilities, including
individuals who use wheelchairs. This
requirement is separate from and in
addition to requirements set forth in

§ 37.43 of this part.

(b) Each public entity shall determine
which stations on its system are key
stations. The entity shall identify key
stations, using the planning and public
participation process set forth in
paragraph (d) of this section, and taking
into consideration the following criteria:

(1) Stations where passenger
boardings exceed average station
passenger boardings on the rail system
by at least fifteen percent, unless such a
station is close to another accessible
station;

(2) Transfer stations on a rail line or
between rail lines;

(3) Major interchange points with
other transportation modes, including
stations connecting with major parking
facilities, bus terminals, intercity or
commuter rail stations, passenger vessel
terminals, or airports;

(4) End stations, unless an end'station
is close to another accessible station;
and

(5) Stations serving major activity
centers, such as employment or
government centers, institutions of
higher education, hospitals or other
major health care facilities, or other
facilities that are major trip generators
for individuals with disabilities.

(c)(1) Unless the entity receives an
extension under paragraph (c)(2) of this
section, the public entity shall achieve
accessibility of key stations as soon as
practicable, but in no case later than
July 26, 1993.

(2) The UMTA Administrator may
grant an extension of this completion
date for key station accessibility for a
period up to July 26, 2020, provided that
two-thirds of key stations are made
accessible by July 26, 2010. Extensions
may be granted as provided in
paragraph (e) of this section.

(d) The public entity shall develop a
plan for compliance for this section. The
plan shall be submitted to the
appropriate UMTA regional office by
July 26, 1992. (See appendix B to this
part for list.)

(1) The public entity shall consult with
individuals with disabilities affected by
the plan. The public entity also shall
hold at least one public hearing on the
plan and solicit comments on it. The
plan submitted to UMTA shall document
this public participation, including
summaries of the consultation with
individuals with disabilities and the
comments received at the hearing and
during the comment period. The plan
also shall summarize the public entity's
responses to the comments and
consultation.

(2) The plan shall establish milestones
for the achievement of required
accessibility of key stations, consistent
with the requirements of this section.

(e) A public entity wishing to apply
for an extension of the July 26, 1993,
deadline for key station accessibility
shall include a request for an extension
with its plan submitted to UMTA under
paragraph (d) of this section. Extensions
may be granted only with respect to key
stations which need extraordinarily
expensive structural changes to, or
replacement of, existing facilities (e.g.,
installations of elevators, raising the
entire passenger platform, or alterations
of similar magnitude and cost). Requests
for extensions shall provide for
completion of key station accessibility
within the time limits set forth in
paragraph (c) of this section. The UMTA
Administrator may approve, approve
with conditions, modify, or disapprove
any request for an extension.

§ 37.49 Designation of responsible
person(8) for intercity and commuter rail
stations.

(a) The responsible person(3)
designated in accordance with this
section shall bear the legal and financial
responsibility for making a key station
accessible in the same proportion as
determined under this section.

(b) In the case of a station more than
fifty percent of which is owned by a
public entity, the public entity is the
responsible party.

(c) In the case of a station more than
fifty percent of which is owned by a
private entity the persons providing
commuter or intercity rail service to the
station are the responsible parties, in a
proportion equal to the percentage of all
passenger boardings at the station
attributable to the service of each, over
the entire period during which the
station is made accessible.

Federal Register / Vol. 56, No. 173 / Friday, September 6. 1991 / Rules and Regulations 45629

(d) In the case of a station of which no
entity owns more than fifty percent, the
owners of the station (other than private
entity owners) and persons providing
intercity or commuter rail service to the
station are the responsible persons.

(1) Half the responsibility for the
station shall be assumed by the
owner{s) of the station. The owners
shall share this responsibility in
proportion to their ownership interest in
the station, over the period during which
the station is made accessible.

(2) The person(s) providing commuter
or intercity rail service to the station
shall assume the other half of the
responsibility. These persons shall share
this responsibility. These persons shall
share this responsibility for the station
in a proportion equal to the percentage
of all passenger boardings at the station
attributable to the service of each, over
the period during which the station is
made accessible.

(e) Persons who must share
responsibility for station accessibility
under paragraphs (c) and (d) of this
section may, by agreement, allocate
their responsibility in a manner different
from that provided in this section.

§ 37.51 Key stations in commuter raii
systems.

(a) The responsible person{s) shall
make key stations on its system readily
accessible to and usable by individuals
with disabilities, including individuals
who use wheelchairs. This requirement
is separate from and in addition to
requirements set forth in § 37.43 of this
part.

(b) Each commuter authority shall
determine which stations on its system
are key stations. The commuter
authority shall identify key stations,
using the planning and public
participation process set forth in
paragraph (d) of this section, and taking
into consideration the following criteria:

(1) Stations where passenger
boardings exceed average station
passenger boardings on the rail system
by at least fifteen percent, unless such a
station is close to another accessible
station;

(2) Transfer stations on a rail line or
between rail lines;

(4) End stations, unless an end station
is close to another accessible station;
and

(5) Stations serving major activity
centers, such as employment or
government centers, institutions of

higher education, hospitals or other
major health care facilities, or other
facilities that are major trip generators
for individuals with disabilities.

(c)(1) Except as provided in this
paragraph, the responsible person(s)
shall achieve accessibility of key
stations as soon as practicable, but in no
case later than July 26, 1993.

(2) The UMTA Administrator may
grant an extension of this deadline for
key station accessibility for a period up
to July 26, 2010. Extensions may be
granted as provided in paragraph (e) of
this section.

(d) The commuter authority and
responsible person(s) for stations
involved shall develop a plan for
compliance for this section. This plan
shall be completed and submitted to
UMTA by July 26, 1992.

(1) The commuter authority and
responsible person(s) shall consult with
individuals with disabilities affected by
the plan. The commuter authority and
responsible person(s) also shall hold at
least one public hearing on the plan and
solicit comments on it. The plan shall
document this public participation,
including summaries of the consultation
with individuals with disabilities and
the comments received at the hearing
and during the comment period. The
plan also shall summarize the
responsible person(s) responses to the
comments and consultation.

(2) The plan shall establish milestones
for the achievement of required
accessibility of key stations, consistent
with the requirements of this section.

(3) The commuter authority and
responsible person(s) of each key
station identified in the plan shall, by
mutual agreement, designate a project
manager for the purpose of undertaking
the work of making the key station
accessible.

(e) Any commuter authority and/or
responsible person(s) wishing to apply
for an extension of the July 26, 1993,
deadline for key station accessibility
shall include a request for extension
with its plan submitted to under
paragraph (d) of this section. Extensions
may be granted only in a case where
raising the entire passenger platform is
the only means available of attaining
accessibility or where other
extraordinarily expensive structural
changes (e.g., installations of elevators,
or alterations of magnitude and cost
similar to installing an elevator or
raising the entire passenger platform)
are necessary to attain accessibility.
Requests for extensions shall provide
for completion of key station
accessibility within the time limits set
forth in paragraph (c) of this section.
The UMTA Administrator may approve,

approve with conditions, modify, or
disapprove any request for an extension.

§ 37.53 Exception for New York and
Philadelphia.

(a) The following agreements entered
into in New York, New York, and
Philadelphia, Pennsylvania, contain lists
of key stations for the public entities
that are a party to those agreements for
those service lines identified in the
agreements. The identification of key
stations under these agreements is
deemed to be in compliance with the
requirements of this Subpart.

(1) Settlement Agreement by and
among Eastern Paralyzed Veterans
Association, Inc., James J. Peters,
Terrance Moakley, and Denise Figueroa,
individually and as representatives of
the class of all persons similarly
situated (collectively, "the EPVA class
representatives"); and Metropolitan
Transportation Authority, New York
City Transit Authority, and Manhattan
and Bronx Surface Transit Operating
Authority (October 4, 1984).

(2) Settlement Agreement by and
between Eastern Paralyzed Veterans
Association of Pennsylvania, Inc., and
James J. Peters, individually; and Dudley
R. Sykes, as Commissioner of the
Philadelphia Department of Public
Property, and his successors in office
and the City of Philadelphia (collectively
"the City") and Southeastern
Pennsylvania Transportation Authority
(June 28, 1989).

(b) To comply with §§ 37.47 (b) and
(d) or 37.51 (b) and (d) of this part, the
entities named in the agreements are
required to use their public participation
and planning processes only to develop
and submit to the UMTA Administrator
plans for timely completion of key
station accessibilty, as provided in this
subpart.

(c) In making accessible the key
stations identified under the agreements
cited in this section, the entities named
in the agreements are subject to the
requirements of § 37.9 of this part.

§ 37.55 Intercity rail station accessibility.

All intercity rail stations shall be
made readily accessible to and usable
by individuals with disabilities,
including individuals who use
wheelchairs, as soon as practicable, but
in no event later than July 26, 2010. This
requirement is separate from and in
addition to requirements set forth m
§ 37.43 of this part.

§ 37.57 Required cooperation.

An owner or person in control of an
intercity or commuter rail station shall
provide reasonable cooperation to the

45630

Federal Register / Vol. 56. No. 173 / Friday, September 6. 1991 / Rules and Regulations

responsible person(s) for that station
with respect to the efforts of the
responsible person to comply with the
requirements of this subpart.

§ 37.59 Differences in accessibility
completion dates.

Where different completion dates for
accessible stations are established
under this part for a station or portions
of a station (e.g., extensions of different
periods of time for a station which
serves both rapid and commuter rail
systems), accesssibility to the following
elements of the station shall be achieved
by the earlier of the completion dates
involved:

(a) Common elements of the station:

(b) Portions of the facility directly
serving the rail system with the earlier
completion date; and

(c) An accessible path from common
elements of the station to portions of the
facility dirtctly serving the rail system
with the ea.-lier completion date.

§ 37.61 Public transportation programs
and activities in existing facilities.

(a) A public entity shall operate a
designated public transportation
program or activity conducted in an
existing facility so that, when viewed in
its entirety, the program or activity is
readily accessible to and usable by
individuals with disabilities.

(b) This section does not require a
public entity to make structural changes
to existing facilities in order to make the
facilities accessible by individuals who
use wheelchairs, unless and to the
extent required by § 37.43 (with respect
to alterations) or §§ 37.47 or 37.51 of this
part (with respect to key stations).
Entities shall comply with other
applicable accessibility requirements for
such facilities.

(c) Public entities, with respect to
facilities that, as provided in paragraph
(b) of this section, are not required to be
made accessible to individuals who use
wheelchairs, are not required to provide
to such individuals services made
available to the general public at such
facilities when the individuals could not
utilize or benefit from the services.

§§37.63-37.69 [Reserved!

Subpart D— Acquisition of Accessible
Vehicles By Public Entities

§ 37.71 Pufctiase or lease of new non-rail
vehicles by public entities operating fixed
route systems.

(a) Except as provided elsewhere in
this section, each public entity operating
a fixed route system making a
solicitation after August 25, 1990, to
purchase or lease a new bus or other
new vehicle for use on the system, shall

ensure that the vehicle is readily
accessible to and usable by individuals
with disabilities, including individuals
who use wheelchairs.

(b) A pubilc entity may purchase or
lease a new bus that is not readily
accessible to and usable by individuals
with disabilities, including individuals
who use wheelchairs, if it applies for,
and the UMTA Administrator grants, a
waiver as provided for in this section.

(c) Before submitting a request for
such a waiver, the public entity shall
hold at least one public hearing
concerning the proposed request.

(d) The UNfTA Administrator may
grant a request for such a waiver if the
public entity demonstrates to the UMTA
Administrator's satisfaction that —

(1) The initial solicitation for new
buses made by the public entity
specified that all new buses were to be
lift-equipped and were to be otherwise
accessible to and usable by individuals
with disabilities;

(2) Hydraulic, electromechanical, or
other lifts for such new buses could not
be provided by any qualified lift
manufacturer to the manufacturer of
such new buses in sufficient time to
comply with the solicitation; and

(3) Any further delay in purchasing
new buses equipped with such
necessary lifts would significantly
impair transportation services in the
community served by the public entity.

(e) The public entity shall include with
its waiver request a copy of the initial
solicitation and written documentation
from the bus manufacturer of its good
faith efforts to obtain lifts in time to
comply with the solicitation, and a full
justification for the assertion that the
delay in bus procurement needed to
obtain a lift-equipped bus would
significantly impair transportation
services in the community. This
documentation shall include a specific
date at which the lifts could be supplied,
copies of advertisements in trade
publications and inquiries to trade
associations seeking lifts, and
documentation of the public hearing.

(f) Any waiver granted by the UMTA
Administrator under this section shall
be subject to the following conditions:

(1) The waiver shall apply only to the
particular bus delivery to whicfithe
waiver request pertains;

(2) The waiver shall include a
termination date, which will be based
on information concerning when lifts
will become available for installation on
the new buses the public entity is
purchasing. Buses delivered after this
date, even though procured under a
solicitation to which a waiver applied,
shall be equipped with lifts;

(3) Any bus obtained subject to the
waiver shall be capable of accepting a .
lift, and the public entity shall install a '
lift as soon as one becomes available;

(4) Such other terms and conditions as
the UMTA Administrator may impose.

(g)(1) When the UMTA Administrator
grants a waiver under this section, he/
she shall promptly notify the
appropriate committees of Congress.

(2) If the UMTA Administrator has
reasonable cause to believe that a
public entity fraudulently applied for a
waiver under this section, the UMTA
Administrator shall:

(i) Cancel the waiver if it is still in
effect; and

(ii) Take other appropriate action.

§ 37.73 Purchase or lease of used non-rail
vehicles by public entities operating fixed
route systems.

(a) Except as provided elsewhere in
this section, each public entity operating
a fixed route system purchasing or
leasing, after August 25, 1990, a used bus
or other used vehicle for use on the
system, shall ensure that the vehicle is
readily accessible to and usable by
individuals with disabilities, including
individuals who use wheelchairs.

(b) A public entity may purchase or ,
lease a used vehicle for use on its fixed
route system that is not readily
accessible to and usable by individuals
with disabilities if, after making
demonstrated good faith efforts to
obtain an accessible vehicle, it is unable
to do so.

(1) An initial solicitation for used
vehicles specifying that all used vehicles
are to be lift-equipped and otherwise
accessible to and usable by individuals
with disabilities, or, if an initial
solicitation is not used, a documented
communication so stating;

(2) A nationwide search for accessible
vehicles, involving specific inquiries to
used vehicle dealers and other transit
providers; and

(3) Advertising in trade publications
and contacting trade associations.

(d) Each public entity purchasing or
leasing used vehicles that are not
readily accessible to and usable by
individuals with disabilities shall retain
documentation of the specific good faith
efforts it made for three years from the
date the vehicles were purchased. These
records shall be made available, on j
request, to the UMTA Administrator and
the public.

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45631

§ 37.75 Remanufacture of non-rall
vehicles and purchase or lease of
renwnufactured non-rail vehicles by public
entities operating fixed route systems.

(a) This section applies to any public
entity operating a fixed route system
which takes one of the following
actions:

(1) After August 25, 1990,
remanufactures a bus or other vehicle so
as to extend its useful life for five years
or more or makes a solicitation for such
remanufacturing; or

(2) Purchases or leases a bus or other
vehicle which has been remanufactured
so as to extend its useful life for five
years or more, where the purchase or
lease occurs after August 25, 1990, and
during the period in which the useful life
of the vehicle is extended.

(b) Vehicles acquired through the
actions Hsted in paragraph (a) of this
section shall, to the maximum extent
feasible, be readily accessible to and
usable by individuals with disabilities,
including individuals who use
wheelchairs.

(c) For purposes of this section, it
shall be considered feasible to
remanufacture a bus or other motor
vehicle so as to be readily accessible to
and usable by individuals with
disabilities, including individuals who
use wheelchairs, unless an engineering
analysis demonstrates that including
accessibility features required by this
part would have a significant adverse
effect on the structural integrity of the
vehicle.

(d) If a public entity operates a fixed
route system, any segment of which is
included on the National Register of
Historic Places, and if making a vehicle
of historic character used solely on such
segment readily accessible to and
usable by individuals with disabilities
would significantly alter the historic
character of such vehicle, the public
entity has only to make (or purchase or
lease a remanufactured vehicle with)
those modifications to make the vehicle
accessible which do not alter the
historic character of such vehicle, in
consultation with the National Register
of Historic Places.

(e) A public entity operating a fixed
route system as described in paragraph
(d) of this section may apply in writing
to the UMTA Administrator for a
determination of the historic character
of the vehicle. The UMTA Administrator
shall refer such requests to the National
Register of Historic Places, and shall
rely on its advice in making
determinations of the historic character
of the vehicle.

§ 37.77 Purchase or lease of new non-rail
vehicles by public entitles operating a
demand responsive system for the general
public.

(a) Except as provided in this section,
a public entity operating a demand
responsive system for the general public
making a solicitation after August 25,
1990, to purchase or lease a new bus or
other new vehicle for use on the system,
shall ensure that the vehicle is readily
accessible to and usable by individuals
with disabilities, including individuals
who use wheelchairs.

(b) If the system, when viewed in its
entirety, provides a level of service to
individuals with disabilities, including
individuals who use wheelchairs,
equivalent to the level of service it
provides to individuals without
disabilities, it may purchase new
vehicles that are not readily accessible
to and usable by individuals with
disabilities.

(c) For purposes of this section, a
demand responsive system, when
viewed in its entirety, shall be deemed
to provide equivalent service if the
service available to individuals with
disabilities, including individuals who
use wheelchairs, is provided in the most
integrated setting appropriate to the
needs of the individual and is equivalent
to the service provided other individuals
with respect to the following service
characteristics:

(1) Response time;

(2) Fares;

(3) Geographic area of service;

(4) Hours and days of service;

(5) Restrictions or priorities based on
trip purpose;

(6) Availability of information and
reservations capability; and

(7) Any constraints on capacity or
service availability.

(d) A public entity receiving UMTA
funds under section 18 or a public entity
in a small urbanized area which
receives UMTA funds under Section 9
from a state administering agency rather
than directly from UMTA, which
determines that its service to individuals
with disabilities is equivalent to that
provided other persons shall, before any
procurement of an inaccessible vehicle,
file with the appropriate state program
office a certificate that it provides
equivalent service meeting the
standards of paragraph (c) of this
section. Public entities operating
demand responsive service receiving
funds under any other section of the
UMT Act shall file the certificate with
the appropriate UMTA regional office. A
public entity which does not receive
UMTA funds shall make such a
certificate and retain it in its files,
subject to inspection on request of

UMTA. All certificates under this
paragraph may be made and filed in
connection with a particular
procurement or in advance of a
procurement; however, no certificate
shall be valid for more than one year. A
copy of the required certificate is found
in appendix C to this part.

(e) The waiver mechanism set forth in
§ 37.71{bHg) (unavailability of lifts) of
this subpart shall also be available to
public entities operating a demand
responsive system for the general public.

§ 37.79 Purchase or lease of new rail
vehicles by public entities operating rapid
or light rail systems.

Each public entity operating a rapid or
light rail system making a solicitation
after August 25, 1990. to purchase or
lease a new rapid or light rail vehicle for
use on the system shall ensure that the
vehicle is readily accessible to and
usable by individuals with disabilities,
including individuals who use
wheelchairs.

§ 37.81 Purchase or lease of used rail
vehicles by public entities operating rapid
or light rail systems.

(a) Except as provided elsewhere in
this section, each public entity operating
a rapid or light rail system which, after
August 25, 1990, purchases or leases a
used rapid or light rail vehicle for use on
the system shall ensure that the vehicle
is readily accessible to and usable by
individuals with disabilities, including
individuals who use wheelchairs.

(b) A public entity may purchase or
lease a used rapid or light rail vehicle
for use on its rapid or light rail system
that is not readily accessible to and
usable by individuals if, after making
demonstrated good faith efforts to
obtain an accessible vehicle, it is unable
to do so.

(1) The initial solicitation for used
vehicles made by the public entity
specifying that all used vehicles were to
be accessible to and usable by
individuals with disabilities, or, if a
solicitation is not used, a documented
communication so stating;

(2) A nationwide search for accessible
vehicles, involving specific inquiries to
manufacturers and other transit
providers; and

(3) Advertising in trade publications
and contacting trade associations.

(d) Each public entity purchasing or
leasing used rapid or light rail vehicles
that are not readily accessible to and
usable by individuals with disabilities
shall retain documentation of the
specific good faith efforts it made for
three years from the date the vehicles

45632 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

were purchased. These records shall be
made available, on request, to the
UMTA Administrator and the public.

§ 37.83 Remanufacture of rail vehicles and
purchase or lease of remanufactured rail
vehicles by public entities operating rapid
or light rail systems.

(a) This section applies to any public
entity operating a rapid or light rail
system which takes one of the following
actions:

(1) After August 25, 1990,
remanufactures a light or rapid rail
vehicle so as to extend its useful life for
five years or more or makes a
solicitation for such remanufacturing;

(2) Purchases or leases a light or rapid
rail vehicle which has been
remanufactured so as to extend its
useful life for five years or more, where
the purchase or lease occurs after
August 25, 1990, and during the period in
which the useful life of the vehicle is
extended.

(b) Vehicles acquired through the
actions listed in paragraph (a) of this
section shall, to the maximum extent
feasible, be readily accessible to and
usable by individuals with disabilities,
including individuals who use
wheelchairs.

(c) For purposes of this section, it
shall be considered feasible to
remanufacture a rapid or light rail
vehicle so as to be readily accessible to
and usable by individuals with
disabilities, including individuals who
use wheelchairs, unless an engineering
analysis demonstrates that doing so
would have a significant adverse effect
on the structural integrity of the vehicle.

(d) If a public entity operates a rapid
or light rail system any segment of
which is included on the National
Register of Historic Places and if making
a rapid or light rail vehicle of historic
character used solely on such segment
readily accessible to and usable by
individuals with disabilities would
significantly alter the historic character
of such vehicle, the public entity need
only make (or purchase or lease a
remanufactured vehicle with) those
modifications that do not alter the
historic character of such vehicle.

(e) A public entity operating a fixed
route system as described in paragraph
(d) of this section may apply in writing
to the UMTA Administrator for a
determination of the historic character
of the vehicle. The UMTA Administrator
shall refer such requests to the National
Register of Historic Places and shall rely
on its advice in making a determination
of the historic character of the vehicle.

§ 37.85 Purchase or lease of new intercity
and commuter rail cars.

Amtrak or a commuter authority
making a solicitation after August 25,
1990, to purchase or lease a new
intercity or commuter rail car for use on
the system shall ensure that the vehicle
is readily accessible to and usable by
individuals with disabilities, including
individuals who use wheelchairs.

§ 37.87 Purchase or lease of used Intercity
and commuter rail cars.

(a) Except as provided elsewhere in
this section, Amtrak or a commuter
authority purchasing or leasing a used
intercity or commuter rail car after
August 25, 1990, shall ensure that the car
is readily accessible to and usable by
individuals with disabilities, including
individuals who use wheelchairs.

(b) Amtrak or a commuter authority
may purchase or lease a used intercity
or commuter rail car that is not readily
accessible to and usable by individuals
if, after making demonstrated good faith
efforts to obtain an accessible vehicle, it
is unable to do so.

(1) An initial solicitation for used
vehicles specifying that all used vehicles
accessible to and usable by individuals
with disabilities;

(2) A nationwide search for accessible
vehicles, involving specific inquiries to
used vehicle dealers and other transit
providers; and

(3) Advertising in trade publications
and contacting trade associations.

(d) Amtrak and commuter authorities
purchasing or leasing used intercity or
commuter rail cars that are not readily
accessible to and usable by individuals
with disabilities shall retain
documentation of the specific good faith
efforts that were made for three years
from the date the cars were purchased.
These records shall be made available,
to request, to the Federal Railroad
Administration or UMTA Administrator,
as applicable. These records shall be
made available to the public, on request.

§ 37.89 Remanufacture of Intercity and
commuter rail cars and purchase or lease
of remanufactured intercity and commuter
rail cars.

(a) This section applies to Amtrak or a
commuter authority which takes one of
the following actions:

(1) Remanufactures an intercity or
commuter rail car so as to extend its
useful life for ten years or more;

(2) Purchases or leases an intercity or
commuter rail car which has been
remanufactured so as to extend its
useful life for ten years or more.

(b) Intercity and commuter rail cars
listed in paragraph (a) of this section
shall, to the maximum extent feasible,
be readily accessible to and usable by
individuals with disabilities, including
individuals who use wheelchairs.

(c) For purposes of this section, it
shall be considered feasible to
remanufacture an intercity or commuter
rail car so as to be readily accessible to
and usable by individuals with
disabilities, including individuals who
use wheelchairs, unless an engineering
analysis demonstrates that
remanufacturing the car to be accessibh
would have a significant adverse effect
on the structural integrity of the car.

§ 37.9 1 Wheelchair locations and food
service on intercity rail trains.

(a) As soon as practicable, but in no
event later than July 26, 1995, each
person providing intercity rail service
shall provide on each train a number of
spaces —

(1) To park wheelchairs (to
accommodate individuals who wish to
remain in their wheelchairs) equal to no
less than one half of the number of
single level rail passenger coaches in th
train; and

(2) To fold and store wheelchairs (to
accommodate individuals who wish to
transfer to coach seats) equal to not lesi
than one half the number of single level
rail passenger coaches in the train.

(b) As soon as practicable, but in no
event later than July 26, 2000, each
person providing intercity rail service
shall provide on each train a number of
spaces —

(1) To park wheelchairs (tb
accommodate individuals who wish to
remain in their wheelchairs)' equal to no
less than the total number of single leve
rail passenger coaches in the train; and

(2) To fold and store wheelchairs (to
accommodate individuals who wish to
transfer to coach seats) equal to not less
than the total number of single level rail
passenger coaches in the train.

(c) In complying with paragraphs (a)
and (b) of this section, a person
providing intercity rail service may not
provide more than two spaces to park
wheelchairs nor more than two spaces
to fold and store wheelchairs in any one
coach or food service car.

(d) Unless not practicable, a person
providing intercity rail transportation
shall place an accessible car adjacent tc
the end of a single level dining car
through which an individual who uses a
wheelchair may enter.

(e) On any train in which either a j
single level or bi-level dining car is used
to provide food service, a person
providing intercity rail service shall

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45633

provide appropriate aids and services to
ensure that equivalent food service is
available to individuals with
disabilities, including individuals who
use wheelchairs, and to passengers
traveling with such individuals.
Appropriate auxiliary aids and services
include providing a hard surface on
which to eat.

(f) This section does not require the
provision of securement devices on
intercity rail cars.

§ 37.93 One car per train rule.

(a) The definition of accessible for
purposes of meeting the one car per
train rule is spelled out in the applicable
subpart for each transportation system
type in part 38 of this title.

(b) Each person providing intercity
rail service and each commuter rail
authority shall ensure that, as soon as
practicable, but in no event later than
July 26, 1995, that each train has one car
that is readily accessible to and usable
by individuals with disabilities,
including individuals who use
wheelchairs.

(c) Each public entity providing light
or rapid rail service shall ensure that
each train, consisting of two or more
vehicles, includes at least one car that is
readily accessible to and usable by
individuals with disabilities, including
individuals who use wheelchairs, as
soon as practicable but in no case later
than July 25, 1995.

§ 37.95 Ferries and other passenger
vessels operated by public entities.
[Reserved]

§§37.97-37.99 [Reserved!

Subpart E— Acquisition of Accessible
Vehicles By Private Entities

§ 37.101 Purchase or lease of vehicles by
private entitles not primarily engaged In the
business of transporting people.

(a) Application. This section applies
to all purchases or leases of vehicles by
private entities which are not primarily
engaged in the business of transporting
people, in which a solicitation for the
vehicle is made after August 25, 1990.

(b) Fixed Route System. Vehicle
Capacity Over 16. If the entity operates
a fixed route system and purchases or
leases a vehicle with a seating capacity
of over 16 passengers (including the
driver) for use on the system, it shall
ensure that the vehicle is readily
accessible to and usable by individuals
with disabilities, including individuals
who use wheelchairs.

{c] Fixed Route System. Vehicle
Capacity of 16 or Fewer. If the entity
operates a fixed route system and
purchases or leases a vehicle with a

seating capacity of 16 or fewer
passengers (including the driver) for use
on the system, it shall ensure that the
vehicle is readily accessible to and
usable by individuals with disabilities,
including individuals who use
wheelchairs, unless the system, when
viewed in its entirety, meets the
standard for equivalent service of
§ 37.105 of this part.

(d) Demand Responsive System,
Vehicle Capacity Over 16. If the entity
operates a demand responsive system,
and purchases or leases a vehicle with a
seating capacity of over 16 passengers
(including the driver) for use on the
system, it shall ensure that the vehicle is
readily accessible to and usable by
individuals with disabilities, including
individuals who use wheelchairs, unless
the system, when viewed in its entirety,
meets the standard for equivalent
service of § 37.105 of this part.

§ 37.103 Purchase or lease of new non-rail
vehicles by private entities primarily
engaged in the business of transporting
people.

(a) Application. This section applies
to all acquisitions of new vehicles by
private entities which are primarily
engaged in the business of transporting
people and whose operations affect
commerce, in which a solicitation for the
vehicle is made (except as provided in
paragraph (d) of this section) after
August 25, 1990.

(b) Fixed Route Systems. If the entity
operates a fixed route system, and
purchases or leases a new vehicle other
than an automobile, a van with a seating
capacity of less than eight persons
(including the driver), or an over-the-
road bus, it shall ensure that the vehicle
is readily accessible to and usable by
individuals with disabilities, including
individuals who use wheelchairs.

(c) Demand Responsive Systems. If
the entity operates a demand responsive
system, and purchases or leases a new
vehicle other than an automobile, a van
with a seating capacity of less than eight
persons (including the driver), or an
over-the-road bus, it shall ensure that
the vehicle is readily accessible to and
usable by individuals with disabilities,
including individuals who use
wheelchairs, unless the system, when
viewed in its entirety, meets the
standard for equivalent service of

§ 37.105 of this part.

(d) Vans with a Capacity of Fewer
than 8 Persons. If the entity operates
either a fixed route or demand
responsive system, and purchases or
leases a new van with a seating
capacity of fewer than eight persons
including the driver (the solicitation for
the vehicle being made after February

25, 1992), the entity shall ensure that the
vehicle is readily accessible to and
usable by individuals with disabilities,
including individuals who use
wheelchairs, unless the system, when
viewed in its entirety, meets the
standard for equivalent service of
§ 37.105 of this part.

§ 37.105 Equivalent service standard.

For purposes of §§ 37.101 and 37.103
of this part, a fixed route system or
demand responsive system, when
viewed in its entirety, shall be deemed
to provide equivalent service if the
service available to individuals with
disabilities, including individuals who
use wheelchairs, is provided in the most
integrated setting appropriate to the
needs of the individual and is equivalent
to the service provided other individuals
with respect to the following service
characteristics:

(a) (1) Schedules/headways (if the
system is fixed route);

(2) Response time (if the system is
demand responsive);

(b) Fares;

(d) Hours and days of service;

(e) Availability of information;

(f) Reservations capability (if the
system is demand responsive);

(g) Any constraints on capacity or
service availability;

(h) Restrictions priorities based on
trip purpose (if the system is demand
responsive).

§ 37.107 Acquisition of passenger rail cars
by private entities primarily engaged in the
business of transporting people.

(a) A private entity which is primarily
engaged in the business of transporting
people and whose operations affect
commerce, which makes a solicitation
after February 25, 1992, to purchase or
lease a new rail passenger car to be
used in providing specified public
transportation, shall ensure that the car
is readily accessible to, and usable by,
individuals with disabilities, including
individuals who use wheelchairs. The
accessibility standards in part 38 of this
title which apply depend upon the type
of service in which the car will be used.

(b) Except as provided in paragraph
(c) of this section, a private entity which
is primarily engaged in transporting
people and whose operations affect
commerce, which remanufactures a rail
passenger car to be used in providing
specified public transportation to extend
its useful life for ten years or more, or
purchases or leases such a
remanufactured rail car, shall ensure
that the rail car, to the maximum extent
feasible, is made readily accessible to

45634 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

and usable by individuals with
disabilities, including individuals who
use wheelchairs. For purposes of this
paragraph, it shall be considered
feasible to remanufacture a rail
passenger car to be readily accessible to
and usable by individuals with
disabilities, including individuals who
use wheelchairs, unless an engineering
analysis demonstrates that doing so
would have a significant adverse effect
on the structural integrity of the car.

(c) Compliance with paragraph (b) of
this section is not required to the extent
that it would significantly alter the
historic or antiquated character of a
historic or antiquated rail passenger car.
or a rail station served exclusively by
such cars, or would result in the
violation of any rule, regulation,
standard or order issued by the
Secretary under the Federal Railroad
Safety Act of 1970. For purposes of this
section, a historic or antiquated rail
passenger car means a rail passenger
car —

(1) Which is not less than 30 years old
at the time of its use for transporting
individuals;

(2) The manufacturer of which is no
longer in the business of manufacturing
rail passenger cars; and

(3) Which—

(i) Has a consequential association
with events or persons significant to the
past; or

(ii) Embodies, or is being restored to
embody, the distinctive characteristics
of a type of rail passenger car used in
the past, or to represent a time period
which has passed.

§37.109 Ferries and other passenger
vessels operated by private entities.
[Reserved]

§37.111-37.119 (Reserved!

Subpart F— Paratransit as a
Complement to Fixed Route Service

§37.121 Requirement for comparable
complementary paratransit service.

(a) Except as provided in paragraph
(c) of this section, each public entity
operating a fixed route system shall
provide paratransit or other special
service to individuals with disabilities
that is comparable to the level of service
provided to individuals without
disabilities who use the fixed route
system.

(b) To be deemed comparable to fixed
route service, a complementary
paratransit system shall meet the
requirements of §§ 37.123-37.133 of this
subpart. The requirement to comply with
§ 37.131 may be modified in accordance
with the provisions of this subpart
relating to undue financial burden.

bus, commuter rail, or intercity rail
systems.

§ 37.123 ADA paratransit eligibility:
Standards.

(a) Public entities required by § 37.121
of this subpart to provide
complementary paratransit service shall
provide the service to the ADA
paratransit eligible individuals
described in paragraph (e) of this
section.

(b) If an individual meets the
eligibility criteria of this section with
respect to some trips but not others, the
individual shall be ADA paratransit
eligible only for those trips for which he
or she meets the criteria.

(d) Public entities may provide
complementary paratransit service to
persons other than ADA paratransit
eligible individuals. However, only the
cost of service to ADA paratransit
eligible individuals may be considered
in a public entity's request for an undue
financial burden waiver under

§§ 37.151-37.155 of this part.

(e) The following individuals are ADA
paratransit eligible;

(1) Any individual with a disability
who is unable, as the result of a physical
or mental impairment (including a vision
impairment), and without the assistance
of another individual (except the
operator of a wheelchair lift or other
boarding assistance device), to board,
ride, or disembark from any vehicle on
the system which is readily accessible

to and usable individuals with,
disabilities.

(2) Any individual with a disability
who needs the assistance of a
wheelchair lift or other boarding
assistance device and is able, with such
assistance, to board, ride and disembark
from any vehicle which is readily
accessible to and usable by individuals
with disabilities if the individual wants
to travel on a route on the system during
the hours of operation of the system at a
time, or within a reasonable period of
such time, when such a vehicle is not
being used to provide designated public
transportation on the route.

(i) An individual is eligible under this
paragraph with respect to travel on an
otherwise accessible route on which the
boarding or disembarking location
which the individual would use is one at
which boarding or disembarking from
the vehicle is precluded as provided in
§ 37.167(g) of this part.

(ii) An individual using a common
wheelchair is eligible under this

paragraph if the individual's wheelchair
cannot be accommodated on an existing
vehicle (e.g., because the vehicle's lift
does not meet the standards of part 38 c
this title), even if that vehicle is
accessible to other individuals with
disabilities and their mobility
wheelchairs.

(iii) With respect to rail systems, an
individual is eligible under this
paragraph if the individual could use an
accessible rail system, but —

(A) there is not yet one accessible car
per train on the system; or

(B) key stations have not yet been
made accessible.

(3) Any individual with a disability
who has a specific impairment-related
condition which prevents such
individual from traveling to a boarding
location or from a disembarking locatioi
on such system.

(i) Only a specific impairment-related
condition which prevents the individual
from traveling to a boarding location or
from a disembarking location is a basis
for eligibility under this paragraph. A
condition which makes traveling to
boarding location or from a
disembarking location more difficult for
a person with a specific impairment-
related condition than for an individual
who does not have the condition, but
does not prevent the travel, is not a
basis for eligibility under this paragraph

(ii) Architectural barriers not under
the control of the public entity providing
fixed route service and environmental
barriers (e.g., distance, terrain, weather)
do not, standing alone, form a basis for
eligibility under this paragraph. The
interaction of such barriers with an
individual's specific impairment-related
condition may form a basis for eligibilitj
under this paragraph, if the effect is to
prevent the individual from traveling to
a boarding location or from a
disembarking location.

(f) Individuals accompanying an ADA
paratransit eligible individual shall be
provided service as follows:

(1) One other individual
accompanying the ADA paratransit
eligible individual shall be provided
service —

(i) If the ADA paratransit eligible
individual is traveling with a personal
care attendant, the entity shall provide
service to one other individual in
addition to the attendant who is
accompanying the eligible individual;

(ii) A family member or friend is
regarded as a person accompanying the
eligible individual, and not as a personal
care attendant, unless the family I

member or friend registered is acting in
the capacity of a personal care
attendant;

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45635

(2) Additional individuals
accompanying the ADA para transit
eligible individual shall be provided
service, provided that space is available
for them on the paratransit vehicle
carrying the ADA paratransit eligible
individual and that transportation of the
additional individuals will not result in
a denial of service to ADA paratransit
eligible individuals;

(3) In order to be considered as
"accompanying" the eligible individual
for purposes of this paragraph (f), the
other individual(s) shall have the same
origin and destination as the eligible
individual.

§ 37. 1 25 ADA paratransit eligibility:
Process.

Each public entity required to provide
complementary paratransit service by
§ 37.121 of this part shall establish a
process for determining ADA
paratransit eligibility.

(a) The process shall strictly limit
ADA paratransit eligibility to
individuals specified in § 37.123 of this
part.

(b) All information about the process,
materials necessary to apply for
eligibility, and notices and
determinations concerning eligibility
shall be made available in accessible
formats, upon request.

(c) If, by a date 21 days following the
submission of a complete application,
the entity has not made a determination
of eligibility, the applicant shall be
treated as eligible and provided service
until and unless the entity denies the
application.

(d) The entity's determination
concerning eligibility shall be in writing.
If the determination is that the
individual is ineligible, the
determination shall state the reasons for
the finding.

(e) The public entity shall provide
documentation to each eligible
individual stating that he or she is "ADA
Paratransit Eligible." The documentation
shall include the name of the eligible
individual, the name of the transit
provider, the telephone number of the
entity's paratransit coordinator, an
expiration date for eligibility, and any
conditions or limitations on the
individual's eligibility including the use
of a personal care attendant.

(f) The entity may require
recertification of the eligibility of ADA
paratransit eligible individuals at
reasonable intervals.

(g) The entity shall establish an
administrative appeal process through
which individuals who are denied
eligibility can obtain review of the
denial.

(1) The entity may require that an
appeal be filed within 60 days of the
denial of an individual's application.

(2) The process shall include an
opportunity to be heard and to present
information and arguments, separation
of functions (i.e., a decision by a person
not involved with the initial decision to
deny eligibility), and written notification
of the decision, and the reasons for it.

(3) The entity is not required to
provide paratransit service to the
individual pending the determination on
appeal. However, if the entity has not
made a decision within 30 days of the
completion of the appeal process, the
entity shall provide paratransit service
from that time until and unless a
decision to deny the appeal is issued.

(h) The entity may establish an
administrative process to suspend, for a
reasonable period of time, the provision
of complementary paratransit service to
ADA eligible individuals who establish
a pattern or practice of missing
scheduled trips.

(1) Trips missed by the individual for
reasons beyond his or her control
(including, but not limited to, trips which
are missed due to operator error) shall
not be a basis for determining that such
a pattern or practice exists.

(2) Before suspending service, the
entity shall take the following steps:

(i) Notify the individual in writing that
the entity proposes to suspend service,
citing with specificity the basis of the
proposed suspension and setting forth
the proposed sanction.

(ii) Provide the individual an
opportunity to be heard and to present
information and arguments;

(iii) Provide the individual with
written notification of the decision and
the reasons for it.

(3) The appeals process of paragraph
(g) of this section is available to an
individual on whom sanctions have
been imposed under this paragraph. The
sanction is stayed pending the outcome
of the appeal.

(i) In applications for ADA paratransit
eligibility, the entity may require the
applicant to indicate whether or not he
or she travels with a personal care
attendant.

§37.127 Complementary paratransit
service for visitors.

(a) Each public entity required to
provide complementary paratransit
service under § 37.121 of this part shall
make the service available to visitors as
provided in this section.

(b) For purposes of this section, a
visitor is an individual with disabilities
who does not reside in the
jurisdiction(s) served by the public
entity or other entities with which the

public entity provides coordinated
complementary paratransit service
within a region.

(c) Each public entity shall treat as
eligible for its complementary
paratransit service all visitors who
present documentation that they are
ADA paratransit eligible, under the
criteria of § 37.125 of this part, in the
jurisdiction in which they reside.

(d) With respect to visitors with
disabilities who do not present such
documentation, the public entity may
require the documentation of the
individual's place of residence and, if
the individual's disability is not
apparent, of his or her disability. The
entity shall provide paratransit service
to individuals with disabilities who
qualify as visitors under paragraph (b)
of this section. The entity shall accept a
certification by such individuals that
they are unable to use fixed route
transit.

(e) A public entity is not required to
provide service to a visitor for more
than 21 days from the date of the first
paratransit trip used by the visitor. The
entity may require that such an
individual, in order to receive service
beyond this period, apply for eligibility
under the process provided for in

§ 37.125 of this part.

§37.129 Types of service.

(a) Except as provided in this section,
complementary paratransit service for
ADA paratransit eligible persons shall
be origin-to-destination service.

(b) Complementary paratransit
service for ADA paratransit eligible
persons described in § 37.123(e)(2) of
this part may also be provided by on-
call bus service or paratransit feeder
service to an accessible fixed route,
where such service enables the
individual to use the fixed route bus
system for his or her trip.

§ 37.123(e)(3) of this part also may be
provided by paratransit feeder service
to and/or from an accessible fixed
route.

§37.131 Service criteria (or
complementary paratransit.

The following service criteria apply to
complementary paratransit required by
§ 37.121 of this part.

(a) Service Area — (1) Bus. (i) The
entity shall provide complementary
paratransit service to origins and
destinations within corridors with a
width of three-fourths of a mile on each
side of each fixed route. The corridor
shall include an area with a three-

45636 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

fourths of a mile radius at the ends of
each fixed route.

(ii) Within the core service area, the
entity also shall provide service to small
areas not inside any of the corridors but
which are surrounded by corridors.

(iii) Outside the core service area, the
entity may designate corridors with
widths from three fourths of a mile up to
one and one half miles on each side of a
fixed route, based on local
circumstances.

(iv) For purposes of this paragraph,
the core service area is that area in
which corridors with a width of three-
fourths of a mile on each side of each
fixed route merge together such that,
with few and small exceptions, all
origins and destinations within the area
would be served.

(2) Rail, (i) For rail systems, the
service area shall consist of a circle with
a radius of % of a mile around each
station.

(ii) At end stations and other stations
in outlying areas, the entity may
designate circles with radii of up to 1 V2
miles as part of its service area, based
on local circumstances.

(3) Jurisdictional Boundaries.
Notwithstanding any other provision of
this paragraph, an entity is not required
to provide paratransit service in an area
outside the boundaries of the
jurisdiction(s) in which it operates, if the
entity does not have legal authority to
operate in that area. The entity shall
take all practicable steps to provide
paratransit service to any part of its
service area.

(b) Response Time. The entity shall
schedule and provide paratransit service
to any ADA paratransit eligible person
at any requested time on a particular
day in response to a request for service
made the previous day. Reservations
may be taken by reservation agents or
by mechanical means.

(1) The entity shall make reservation
service available during at least all
normal business hours of the entity's
administrative offices, as well as during
times, comparable to normal business
hours, on a day when the entity's offices
are not open before a service day.

(2) The entity may negotiate pickup
times with the individual, but the entity
shall not require an ADA paratransit
eligible individual to schedule a trip to
begin more than one hour before or after
the individual's desired departure time.

(3) The entity may use real-time
scheduling in providing complementary
paratransit service.

(4) The entity shall permit advance
reservations to be made up to 14 days in
advance of an ADA paratransit eligible
individual's desired trip.

(c) Fares. The fare for a trip charged
to an ADA paratransit eligible user of
the complementary paratransit service
shall not exceed twice the fare that
would be charged to an individual
paying full fare (i.e., without regard to
discounts) for a trip of similar length, at
a similar time of day, on the entity's
fixed route system.

(1) In calculating the full fare that
would be paid by an individual using the
fixed route system, the entity may
include transfer and premium charges
applicable to a trip of similar length, at a
similar time of day, on the fixed route
system.

(2) The fares for individuals
accompanying ADA paratransit eligible
individuals, who are provided service
under § 37.123 (f) of this part, shall be
the same as for the ADA paratransit
eligible individuals they are
accompanying.

(3) A personal care attendant shall not
be charged for complementary
paratransit service.

(4) The entity may charge a fare
higher than otherwise permitted by this
paragraph to a social service agency or
other organization for agency trips (i.e.,
trips guaranteed to the organization).

(d) Trip Purpose Restrictions. The
entity shall not impose restrictions or
priorities based on trip purpose.

(e) Hours and Days of Service. The
complementary paratransit service shall
be available throughout the same hours
and days as the entity's fixed route
service.

(f) Capacity Constraints. The entity
shall not limit the availability of
complementary paratransit service to
ADA paratransit eligible individuals by
any of the following:

(1) Restrictions on the number of trips
an individual will be provided;

(2) Waiting lists for access to the
service; or

(3) Any operational pattern or practice
that significantly limits the availability
of service to ADA paratransit eligible
persons.

(i) Such patterns or practices include,
but are not limited to, the following:

(A) Substantial numbers of
significantly untimely pickups for initial
or return trips;

(B) Substantial numbers of trip denials
or missed trips;

(ii) Operational problems attributable
to causes beyond the control of the
entity (including, but not limited to,
weather or traffic conditions affecting
all vehicular traffic that were not
anticipated at the time a trip was
scheduled) shall not be a basis for

determining that such a pattern or
practice exists.

(g) Additional Service. Public entitie
may provide complementary paratran
service to ADA paratransit eligible
individuals exceeding that provided fc
in this section. However, only the cost
service provided for in this section ma
be considered in a public entity's
request for an undue financial burden
waiver under § § 37.151-37.155 of this
part.

§ 37.133 Subscription service.

(a) This part does not prohibit the ui
of subscription service by public entiti
as part of a complementary paratransi
system, subject to the limitations in th
section.

(b) Subscription service may not
absorb more than fifty percent of the
number of trips available at a given tii
of day, unless there is non-subscriptio
capacity.

(c) Notwithstanding any other
provision of this part, the entity may
establish waiting lists or other capacit
constraints and trip purpose restrictio
or priorities for participation in the
subscription service only.

§ 37. 1 35 Submission of paratransit plan.

(a) General. Each public entity
operating fixed route transportation \
service, which is required by § 37.121
provide complementary paratransit
service, shall develop a paratransit ph

(b) Initial Submission. Except as
provided in § 37.141 of this part, each
entity shall submit its initial plan for
compliance with the complementary
paratransit service provision by Janua
26, 1992, to the appropriate location
identified in paragraph (f) of this
section.

(d) Phase-in of Implementation. Eac
plan shall provide full compliance by 1
later than January 26, 1997, unless the
entity has received a waiver based on
undue financial burden. If the date for
full compliance specified in the plan is
after January 26, 1993, the plan shall
include milestones, providing for
measured, proportional progress towa
full compliance.

(e) Plan Implementation. Each entit;
shall begin implementation of its plan
January 26, 1992.

(f) Submission Locations. An entity
shall submit its plan to one of the
following offices, as appropriate: j

(1) The individual state administer^
agency, if it is —

(i) A section 18 recipient;

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45637

(ii) A small urbanized area recipient
I of section 9 funds administered by the
State;

(iii) A participant in a coordinated
plan, in which all of the participating
entities are eligible to submit their plans
to the State; or

(2) The UMTA Regional Office (as
listed in Appendix B to this part) for all
other entities required to submit a
paratransit plan. This includes an
UMTA recipient under section 9 of the
UMT Act; entities submitting a joint
plan (unless they meet the requirements
of paragraph (f)(l)(iii) of this section),
and a public entity not an UMT Act
recipient.

§ 37.137 Paratransit plan development.

(a) Survey of existing services. Each
submitting entity shall survey the area
to be covered by the plan to identify any
person or entity (public or private)
which provides a paratransit or other
special transportation service for ADA
paratransit eligible individuals in the
service area to which the plan applies.

(b) Public participation. Each
submitting entity shall ensure public
participation in the development of its
paratransit plan, including at least the
following:

(1) Outreach. Each submitting entity
I shall solicit participation in the

development of its plan by the widest
range of persons anticipated to use its
paratransit service. Each entity shall
develop contacts, mailing lists and other
appropriate means for notification of
opportunities to participate in the
development of the paratransit plan;

(2) Consultation with individuals with
disabilities. Each entity shall contact
individuals with disabilities and groups
representing them in the community.
Consultation shall begin at an early
stage in the plan development and
should involve persons with disabilities
in all phases of plan development. All
documents and other information
concerning the planning procedure and
the provision of service shall be
available, upon request, to members of
the public, except where disclosure
would be an unwarranted invasion of
personal privacy;

(3) Opportunity for public comment.
The submitting entity shall make its plan
available for review before the plan is
finalized. In making the plan available
for public review, the entity shall ensure
that the plan is available upon request
in accessible formats;

(4) Public hearing. The entity shall
sponsor at a minimum one public

I hearing 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; and

(5) Special requirements. If the entity
intends to phase-in its paratransit
service over a multi-year period, or
request a waiver based on undue
financial burden, the public hearing
shall afford the opportunity for
interested citizens to express their views
concerning the phase-in, the request,
and which service criteria may be
delayed in implementation.

(c) Ongoing requirement. The entity
shall create an ongoing mechanism for
the participation of individuals with
disabilities in the continued
development and assessment of services
to persons with disabilities. This
includes, but is not limited to, the
development of the initial plan, any
request for an undue financial burden
waiver, and each annual submission.

§37.139 Plan contents.

Each plan shall contain the following
information:

(a) Identification of the entity or
entities submitting the plan, specifying
for each —

(1) Name and address; and

(2) Contact person for the plan, with
telephone number and facsimile
telephone number (FAX), if applicable.

(b) A description of the fixed route
system as of January 26, 1992 (or
subsequent year for annual updates),
including —

(1) A description of the service area,
route structure, days and hours of
service, fare structure, and population
served. This includes maps and tables, if
appropriate;

(2) The total number of vehicles (bus,
van, or rail) operated in fixed route
service (including contracted service),
and percentage of accessible vehicles
and percentage of routes accessible to
and usable by persons with disabilities,
including persons who use wheelchairs;

(3) Any other information about the
fixed route service that is relevant to
establishing the basis for comparability
of fixed route and paratransit service.

(1) An inventory of service provided
by the public entity submitting the plan;

(2) An inventory of service provided
by other agencies or organizations,
which may in whole or in part be used
to meet the requirement for
complementary paratransit service; and

(3) A description of the available
paratransit services in paragraphs (c)(2)
and (c)(3) of this section as they relate
to the service criteria described in

§ 37.131 of this part of service area,
response time, fares, restrictions on trip
purpose, hours and days of service, and

capacity constraints; and to the
requirements of ADA paratransit
eligibility.

(d) A description of the plan to
provide comparable paratransit,
including:

(1) An estimate of demand for
comparable paratransit service by ADA
eligible individuals and a brief
description of the demand estimation
methodology used;

(2) An analysis of differences between
the paratransit service currently
provided and what is required under
this part by the entity(ies) submitting the
plan and other entities, as described in
paragraph (c) of this section;

(3) A brief description of planned
modifications to existing paratransit and
fixed route service and the new
paratransit service planned to comply
with the ADA paratransit service
criteria;

(4) A description of the planned
comparable paratransit service as it
relates to each of the service criteria
described in § 37.131 of this part —
service area, absence of restrictions or
priorities based on trip purpose,
response time, fares, hours and days of
service, and lack of capacity constraints.
If the paratransit plan is to be phased in,
this paragraph shall be coordinated with
the information being provided in
paragraphs {d)(5) and (d)(6) of this
paragraph;

(5) A timetable for implementing
comparable paratransit service, with a
specific date indicating when the
planned service will be completely
operational. In no case may full
implementation be completed later than
January 26, 1997. The plan shall include
milestones for implementing phases of
the plan, with progress that can be
objectively measured yearly;

(6) A budget for comparable
paratransit service, including capital
and operating expenditures over five
years.

(e) A description of the process used
to certify individuals with disabilities as
ADA paratransit eligible. At a minimum,
this must include —

(1) A description of the application
and certification process, including —

(i) The availability of information
about the process and application
materials inaccessible formats;

(ii) The process for determining
eligibility according to the provisions of
§ § 37.123-37.125 of this part and
notifying individuals of the
determination made;

(iii) The entity's system and timetable
for processing applications and allowing
presumptive eligibility; and

45638 Federal Register / Vol. 56. No. 173 / Friday. September 6, 1991 / Rules and Regulations

(iv) The documentation given to
eligible individuals.

(2) A description of the administrative
appeals process for individuals denied
eligibility.

(3) A policy for visitors, consistent
with § 37.127 of this part.

(f) Description of the public
participation process including —

(1) Notice given of opportunity for
public comment, the date(s) of
completed public hearing(s), availability
of the plan in accessible formats,
outreach efforts, and consultation with
persons with disabilities.

(2) A summary of significant issues
raised during the public comment
period, along with a response to
significant comments and discussion of
how the issues were resolved.

(g) Efforts to coordinate service with
other entities subject to the
complementary paratransit
requirements of this part which have
overlapping or contiguous service areas
or jurisdictions.

(h) The following endorsements or
certifications:

(1) A resolution adopted by the board
of the entity authorizing the plan, as
submitted. If more than one entity is
submitting the plan there must be an
authorizing resolution from each board.
If the entity does not function with a
board, a statement shall be submitted by
the entity's chief executive;

(2) In urbanized areas, certification by
the Metropolitan Planning Organization
(MPO) that it has reviewed the plan and
that the plan is in conformance with the
transportation plan developed under the
Urban Mass Transportation/Federal
Highway Administration joint planning
regulation (49 CFR part 613 and 23 CFR
part 450). In a service area which is
covered by more than one MPO, each
applicable MPO shall certify conformity
of the entity's plan. The provisions of
this paragraph do not apply to non-
UMTA recipients;

(3) A certification that the survey of
existing paratransit service was
conducted as required in § 37.137(a) of
this part;

(4) To the extent service provided by
other entities is included in the entity's
plan for comparable paratransit service,
the entity must certify that:

(i) ADA paratransit eligible
individuals have access to the service;

(ii) The service is provided in the
manner represented; and

(iii) Efforts will be made to coordinate
the provision of paratransit service by
other providers.

(i) A request for a waiver based on
undue financial burden, if applicable.
The waiver request should include
information sufficient for UMTA to

consider the factors in § 37.155 of this
part. If a request for an undue financial
burden waiver is made, the plan must
include a description of additional
paratransit services that would be
provided to achieve full compliance with
the requirement for comparable
paratransit in the event the waiver is not
granted, and the timetable for the
implementation of these additional
services.

(j) Annual plan updates. (1) The
annual plan updates submitted January
26, 1993, and annually thereafter, shall
include information necessary to update
the information requirements of this
section. Information submitted annually
must include all significant changes and
revisions to the timetable for
implementation;

(2) If the paratransit service is being
phased in over more than one year, the
entity must demonstrate that the
milestones identified in the current
paratransit plans have been achieved. If
the milestones have not been achieved,
the plan must explain any slippage and
what actions are being taken to
compensate for the slippage.

(3) The annual plan must describe
specifically the means used to comply
with the public participation
requirements, as described in § 37.137 of
this part.

§37.141 Requirements for a joint
paratransit plan.

(a) Two or more entities with
overlapping or contiguous service areas
or jurisdictions may develop and submit
a joint plan providing for coordinated
paratransit service. Joint plans shall
identify the participating entities and
indicate their commitment to participate
in the plan.

(b) To the maximum extent feasible,
all elements of the coordinated plan
shall be submitted on January 26, 1992. If
a coordinated plan is not completed by
January 26, 1992, those entities intending
to coordinate paratransit service must
submit a general statement declaring
their intention to provide coordinated
service and each element of the plan
specified in § 37.139 to the extent
practicable. In addition, the plan must
include the following certifications from
each entity involved in the coordination
effort:

(1) A certification that the entity is
committed to providing ADA paratransit
service as part of a coordinated plan.

(2) A certification from each public
entity participating in the plan that it
will maintain current levels of
paratransit service until the coordinated
plan goes into effect.

of a completed plan on January 26. 199
must submit a complete plan by July 21
1992. '

(d) Filing of an individual plan does
not preclude an entity from cooperatin
with other entities in the development
implementation of a joint plan. An ent
wishing to join with other entities afte;
its initial submission may do so by
meeting the filing requirements of this
section.

§ 37.143 Paratransit plan Implementatioi

(a) Each entity shall begin
implementation of its complementary
paratransit plan, pending notice from
UMTA. The implementation of the plai
shall be consistent with the terms of th
plan, including any specified phase-in
period.

(b) If the plan contains a request for
wavier based on undue financial
burden, the entity shall begin
implementation of its plan, pending a
determination on its waiver request.

§37.145 State comment on plans.

Each state required to receive plans
under § 37.135 of this part shall:

(a) Ensure that all applicable section
18 and section 9 recipients have
submitted plans.

(b) Certify to UMTA that all plans j
have been received. W

(c) Forward the required certificatior
with comments on each plan to UMTA
The plans, with comments, shall be
submitted to UMTA no later than April
1, 1992, for the first year and April 1
annually thereafter.

(d) The State shall develop comment
to on each plan, responding to the
following points:

(1) Was the plan filed on time?

(2) Does the plan appear reasonable?

(3) Are there circumstances that beai
on the ability of the grantee to carry ou
the plan as represented? If yes. please
elaborate.

(4) Is the plan consistent with
statewide planning activities?

(5) Are the necessary anticipated
financial and capital resources
identified in the plan accurately
estimated?

§ 37. 1 47 Considerations during UIMTA
review.

In reviewing each plan, at a minimur
UMTA will consider the following:

(a) Whether the plan was filed on
time;

(b) Comments submitted by the statt
if applicable; Mi

Federal Register / Vol. 56. No. 173 / Friday. September 6, 1991 / Rules and Regulations 45639

(d) Whether the plan, when viewed in

»it9 entirety, provides for paratransit
service comparable to the entity's fixed
route service;

(e) Whether the entity complied with
the public participation efforts required
by this part; and

(f) The extent to which efforts were
made to coordinate with other public
entities with overlapping or contiguous
service areas or jurisdictions.

§ 37.149 Disapproved plans.

(a) If a plan is disapproved in whole
or in part, UN4TA will specify which
provisions are disapproved. Each entity
shall amend its plan consistent with this
information and resubmit the plan to the
appropriate UMTA Regional Office
within 90 days of receipt of the
disapproval letter.

(b) Each entity revising its plan shall
continue to comply with the public
participation requirements applicable to
the initial development of the plan (set
out in § 37.137 of this part).

§ 37. 1 5 1 Waiver for undue financial
burden.

If compliance with the service criteria
of § 37.131 of this part creates an undue
financial burden, an entity may request
a waiver from all or some of the
i provisions if the entity has complied
with the public participation
requirements in § 37.137 of this Part and
if the following conditions apply:

(a) At the time of submission of the
initial plan on January 26, 1992—

(1) The entity determines that it
cannot meet all of the service criteria by
January 26, 1997; or

(2) The entity determines that it
cannot make measured progress toward
compliance in any year before full
compliance is required. For purposes of
this part, measured progress means
implementing milestones as scheduled,
such as incorporating an additional
paratransit service criterion or
improving an aspect of a specific service
criterion.

(b) At the time of its annual plan
update submission, if the entity believes
that circumstances have changed since
its last submission, and it is no longer
able to comply by January 26, 1997, or
make measured progress in any year
before 1997. as described in paragraph
(a)(2) of this section.

§ 37. 1 53 UMTA waiver determination.

(a) The Administrator will determine
whether to grant a waiver for undue
financial burden on a case-by-case
I basis, after considering the factors
identified in § 37.155 of this part and the
information accompanying the request.
If necessary, the Administrator will

return the application with a request for
additional information.

(b) Any waiver granted will be for a
limited and specified period of time.

(1) Require the public entity to provide
complementary paratransit to the extent
if can do so without incurring an undue
financial burden. The entity shall make
changes in its plan that the
Administrator determines are
appropriate to maximize the
complementary paratransit service that
is provided to ADA paratransit eligible
individuals. When making changes to its
plan, the entity shall use the public
participation process specified for plan
development and shall consider first a
reduction in number of trips provided to
each ADA paratransit eligible person
per month, while attempting to meet all
other service criteria.

(2) Require the public entity to provide
basic complementary paratransit
services to all ADA paratransit eligible
individuals, even if doing so would
cause the public entity to incur an undue
financial burden. Basic complementary
paratransit service in corridors defined
as provided in § 37.131(a) along the
public entity's key routes during core
service hours.

(i) For purposes of this section, key
routes are defined as routes along which
there is service at least hourly
throughout the day.

(ii) For purposes of this section, core
service hours encompass at least peak
periods, as these periods are defined
locally for fixed route service, consistent
with industry practice.

(3) If the Administrator determines
that the public entity will incur an undue
financial burden as the result of
providing basic complementary
paratransit service, such that it is
infeasible for the entity to provide basic
complementary paratransit service, the
Administrator shall require the public
entity to coordinate with other available
providers of demand responsive service
in the area served by the public entity to
maximize the service to ADA
paratransit eligible individuals to the
maximum extent feasible.

§37.155 Factors in decision to grant an
undue financial burden waiver.

(a) In making an undue financial
burden determination, the UMTA
Administrator will consider the
following factors:

(1) Effects on current fixed route
service, including reallocation of
accessible fixed route vehicles and
potential reduction in service, measured
by service miles;

(2) Average number of trips made by
the entity's general population, on a per
capita basis, compared with the average
number of trips to be made by registered
ADA paratransit eligible persons, on a
per capita basis;

(3) Reductions in other services,
including other special services;

(4) Increases in fares;

(5) Resources available to implement
complementary paratransit service over
the period covered by the plan;

(6) Percentage of budget needed to
implement the plan, both as a
percentage of operating budget and a
percentage of entire budget;

(7) The current level of accessible
service, both fixed route and
paratransit;

(8) Cooperation/coordination among
area transportation providers;

(9) Evidence of increased efficiencies,
that have been or could be effectuated,
that would benefit the level and quality
of available resources for
complementary paratransit service; and

(10) Unique circumstances in the
submitting entity's area that affect the
ability of the entity to provide
paratransit, that militate against the
need to provide paratransit, or in some
other respect create a circumstance
considered exceptional by the
submitting entity.

(b)(1) Costs attributable to
complementary paratransit shall be
limited to costs of providing service
specifically required by this part to ADA
paratransit eligible individuals, by
entities responsible under this part for
providing such service.

(2) If the entity determines that it is
impracticable to distinguish between
trips mandated by the ADA and other
trips on a trip-by-trip basis, the entity
shall attribute to ADA complementary
paratransit requirements a percentage of
its overall paratransit costs. This
percentage shall be determined by a
statistically valid methodology that
determines the percentage of trips that
are required by this part. The entity
shall submit information concerning its
methodology and the data on which its
percentage is based with its request for

a waiver. Only costs attributable to
ADA-mandated trips may be considered
with respect to a request for an undue
financial burden waiver.

(3) Funds to which the entity would be
legally entitled, but which, as a matter
of state or local funding arrangements,
are provided to another entity and used
by that entity to provide paratransit
service which is part of a coordinated
system of paratransit meeting the
requirements of this part, may be

45640 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

counted in determining the burden
associated with the waiver request.

§§ 37. 1 57-37. 1 59 [ Reserved ]
Subpart G— Provision of Service

§37.161 Maintenance of accessible
features: General.

(a) Public and private entities
providing transportation services shall
maintain in operative condition those
features of facilities and vehicles that
are required to make the vehicles and
facilities readily accessible to and
usable by individuals with disabilities.
These features include, but are not
limited to, lifts and other means of
access to vehicles, securement devices,
elevators, signage and systems to
facilitate communications with persons
with impaired vision or hearing.

(b) Accessibility features shall be
repaired promptly if they are damaged
or out of order. When an accessibility
feature is out of order, the entity shall
take reasonable steps to accommodate
individuals with disabilities who would
otherwise use the feature.

(c) This section does not prohibit
isolated or temporary interruptions in
service or access due to maintenance or
repairs.

§ 37.163 Keeping velilcle lifts in operative
condition: Public entities.

(a) This section applies only to public
entities with respect to lifts in non-rail
vehicles.

(b) The entity shall establish a system
of regular and frequent maintenance
checks of lifts sufficient to determine if
they are operative.

(c) The entity shall ensure that vehicle
operators report to the entity, by the
most immediate means available, any
failure of a lift to operate in service.

(d) Except as provided in paragraph
(e) of this section, when a lift is
discovered to be inoperative, the entity
shall take the vehicle out of service
before the beginning of the vehicle's
next service day and ensure that the lift
is repaired before the vehicle returns to
service.

(e) If there is no spare vehicle
available to take the place of a vehicle
with an inoperable lift, such that taking
the vehicle out of service will reduce the
transportation service the entity is able
to provide, the public entity may keep
the vehicle in service with an inoperable
lift for no more than five days (if the
entity serves an area of 50,000 or less
population) or three days (if the entity
serves an area of over 50,000 population)
from the day on which the lift is
discovered to be inoperative.

(f) In any case in which a vehicle is
operating on a fixed route with an

inoperative lift, and the headway to the
next accessible vehicle on the route
exceeds 30 minutes, the entity shall
promptly provide alternative
transportation to individuals with
disabilities who are unable to use the
vehicle because its lift does not work.

§37.165 Lift and securement use.

(a) This section applies to public and
private entities.

(b) All common wheelchairs and their
users shall be transported in the entity's
vehicles or other conveyances. The
entity is not required to permit
wheelchairs to ride in places other than
designated securement locations in the
vehicle, where such locations exist.

(c) (1) For vehicles complying with
part 38 of this title, the entity shall use
the securement system to secure
wheelchairs as provided in that Part.

(2) For other vehicles transporting
individuals who use wheelchairs, the
entity shall provide and use a
securement system to ensure that the
wheelchair remains within the
securement area.

(3) The entity may require that an
individual permit his or her wheelchair
to be secured.

(d) The entity may not deny
transportation to a wheelchair or its
user on the ground that the device
cannot be secured or restrained
satisfactorily by the vehicle's
securement system.

(e) The entity may recommend to a
user of a wheelchair that the individual
transfer to a vehicle seat. The entity
may not require the individual to
transfer.

(f) Where necessary or upon request,
the entity's personnel shall assist
individuals with disabilities with the use
of securement systems, ramps and lifts.
If it is necessary for the personnel to
leave their seats to provide this
assistance, they shall do so.

(g) The entity shall permit individuals
with disabilities who do not use
wheelchairs, including standees, to use
a vehicle's lift or ramp to enter the
vehicle.

§ 37.167 Other service requirements.

(a) This section applies to public and
private entities.

(b) On fixed route systems, the entity
shall announce stops as follows:

(1) The entity shall announce at least
at transfer points with other fixed
routes, other major intersections and
destination points, and intervals along a
route sufficient to permit individuals
with visual impairments or other
disabilities to be oriented to their
location.

(2) The entity shall announce any sto[
on request of an individual with a
disability, '

(c) Where vehicles or other
conveyances for more than one route
serve the same stop, the entity shall
provide a means by which an individua
with a visual impairment or other
disability can identify the proper vehicl
to enter or be identified to the vehicle
operator as a person seeking a ride on a
particular route.

(d) The entity shall permit service
animals to accompany individuals with
disabilities in vehicles and facilities.

(e) The entity shall ensure that vehicl
operators and other personnel make us(
of accessibility-related equipment or
features required by part 38 of this title.

(f) The entity shall make available to
individuals with disabilities adequate
information concerning transportation
services. This obligation includes
making adequate communications
capacity available, through accessible
formats and technology, to enable users
to obtain information and schedule
service.

(g) The entity shall not refuse to
permit a passenger who uses a lift to
disembark from a vehicle at any
designated stop, unless the lift cannot b
deployed, the lift will be damaged if it i|
deployed, or temporary conditions at th
stop, not under the control of the entity,
preclude the safe use of the stop by all
passengers.

(h) The entity shall not prohibit an
individual with a disability from
traveling with a respirator or portable
oxygen supply, consistent with
applicable Department of
Transportation rules on the
transportation of hazardous materials
(49 CFR subtitle B, chapter 1, subchapte
C).

(i) The entity shall ensure that
adequate time is provided to allow
individuals with disabilities to complete
boarding or disembarking from the
vehicle.

§ 37. 1 69 Interim requirements for over-
ttie-road bus service operated by private
entities.

(a) Private entities operating over-the
road buses, in addition to compliance
with other applicable provisions of this
part, shall provide accessible service as
provided in this section.

(b) The private entity shall provide
assistance, as needed, to individuals
with disabilities in boarding and
disembarking, including moving to andi
from the bus seat for the purpose of "
boarding and disembarking. The private
entity shall ensure that personnel are

Federal Register / Vol. 56, No. 173 / Friday. September 6, 1991 / Rules and Regulations 45641

trained to provide this assistance safely
and appropriately.

(c) To the extent that they can be
accommodated in the areas of the
passenger compartment provided for
passengers' personal effects,
wheelchairs or other mobility aids and
assistive devices used by individuals
with disabilities, or components of such
devices, shall be permitted in the
passenger compartment. When the bus
is at rest at a stop, the driver or other
personnel shall assist individuals with
disabilities with the stowage and
retrieval of mobility aids, assistive
devices, or other items that can be
accommodated in the passenger
compartment of the bus.

(d) Wheelchairs and other mobility
aids or assistive devices that cannot be
accommodated in the passenger
compartment (including electric
wheelchairs) shall be accommodated in
the baggage compartment of the bus.

unless the size of the baggage
compartment prevents such
accommodation.

(e) At any given stop, individuals with
disabilities shall have the opportunity to
have their wheelchairs or other mobility
aids or assistive devices stowed in the
baggage compartment before other
baggage or cargo is loaded, but baggage
or cargo already on the bus does not
have to be off-loaded in order to make
room for such devices.

(f) The entity may require up to 48
hours' advance notice only for providing
boarding assistance. If the individual
does not provide such notice, the entity
shall nonetheless provide the service if
it can do so by making a reasonable
effort, without delaying the bus service.

§ 37. 1 7 1 Equivalency requirement for
demand responsive service operated by
private entities not primarily engaged in the
business of transporting people.

A private entity not primarily engaged
in the business of transporting people

which operates a demand responsive
system shall ensure that its system, /
when viewed in its entirety, provides
equivalent service to individuals with
disabilities, including individuals who
use wheelchairs, as it does to
individuals without disabilities. The
standards of § 37.105 shall be used to
determine if the entity is providing
equivalent service.

§37.173 Training requirements.

Each public or private entity which
operates a fixed route or demand
responsive system shall ensure that
personnel are trained to proficiency, as
appropriate to their duties, so that they
operate vehicles and equipment safely
and properly assist and treat individuals
with disabilities who use the service in a
respectful and courteous way, with
appropriate attention to the difference
among individuals with disabilities.

BILLING CODC 491

45642 Federal Register / Vol. 56, No. 173 / Friday, September 6. 1991 / Rules and Regulations

Appendix A to Part 37--Standards for Accessible Transportation Facilities

ADA ACCESSIBILITY GUIDBLINBS

FOR BUILDINGS AND FAdLITIES

TABLE OF CONTENTS

1. PURPOSE

2. GENERAL

2.1 Provisions for Adults...

2.2 Equivalent Facilitation

3. NaSCELLANEOUS INSTRUCTIONS AND DEFINITIONS

3.1 Graphic Conventions

3.2 Dimensional Tolerances 2

3.3 Notes 2

3.4 General Terminology 2

3.5 DefiniUons 2

4. ACCESSIBLE ELEMENTS AND SPACES:

SCOPE AND TECHNICAL REQUIREMENTS 5

4.1 Minimum Requirements 5

4.1.1. Application 5

4. 1.2. Accessible Sites and Exterior Facilities: New Construction 5

4. 1.3. Accessible Buildings: New Construction 7

4. 1.4. (Reserved) 10

4. 1.5. Accessible Buildings: Additions 10

4. 1.6. Accessible Buildings: Alterations 1 1

4. 1.7. Accessible Buildings: Historic Fhreservation 13

4.2 Space Allowance and Reach Ranges 14

4 . 3 Accessible Route 15

4.4 Protruding Objects 21

4.5 Ground and Floor Surfaces 22

4.6 Parking and Passenger Loading Zones 24

4.7 Curb Ramps 26

4.8 Ramps 27

4.9 Stairs 30

4. 10 Elevators 30

Federal Registeir / Vol. 56. No. 173 / Friday. September 6. 1991 / Rules and Regulations 45543

4.11 Platform Lifts (Wheelchair Lifts) 36

4.12 Windows 36

4.13 Doors 36

4.14 Entrances 40

4.15 Drinking Fountains and Water Coolers 40

4. 16 Water Closets 40

4.17ToiletStaUs 41

4.18 Urinals 44

4.19 Lavatories and Mirrors 44

4.20 Bathtubs 45

4.21 Shower Stalls 45

4.22 Toilet Rooms 45

4.23 Bathrooms, Bathing Facilities, and Shower Rooms 48

4.24 Sinks 49

4.25 Storage 49

4.26 Handrails. Grab Bars, and Tub and Shower Seats 50

4.27 Controls and Operating Mechanisms 51

4.28 Alarms 52

4.29 Detectable Warnings 53

4.30 Signage 53

4.31 Telephones 54

4.32 Fixed or Built-in SeaUng and Tables 56

4.33 Assembly Areas 56

4.34 Automated Teller Machines , 58

4.35 Dressing and Fitting Rooms 58

5. RESTAURANTS AND CAFETERIAS 59

6. BIEDICAL CARE FACILITIES 60

7. BUSINESS AND BIERCANTILE 61

8. LIBRARIES 62

9. ACCESSIBLE TRANSIENT LODGING 63

10. TRANSPORTATION FACILITIES 67

APPENDIX Al

45644

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

1. PURPOSE.

This document sets guidelines for accessibility to
buildirxgs and facilities by individuals with
disabilities under the Americans with Disabili
ties Act (ADA) of 1 990. These guidelines are to
be applied during the design, construction, and
alteration of buildings and facilities covered by
Titles n and DI of the ADA to the extent required
by regulations issued by Federal agencies,
including the Department of Justice and the
Department of Transportation, under the ADA.

The technical specifications 4.2 through 4.35. of
these guidelines are the same as those of the
American National Standard Institute's docu
ment Al 17.1-1 980. except as noted in this text
by italics. However, sections 4.1.1 through 4.1.7
and sections 5 through 10 are different from
ANSI A 1 17.1 in their entirety and are printed in
standard type.

The illustrations and text of ANSI A 1 1 7. 1 are
reproduced with permission from the American
National Standards Institute. Copies of the
standard may be purchased from the American
National Standards Institute at 1430 Broadway.
New York. New York 10018.

2. GENERAL.

2.1 Provisions for Adults. The specifica
tions tn these guidelines are based upon adult
dimensions and anthropometrics.

2.2* Equivalent Facilitation. Departures
from particular technical and scoping require-
ments of this guideline by the use of other
designs and technologies are permitted where
the altemattve designs and technologies used
will provide substantially equivalent or greater
access to and usability of the facility.

MISCELLANEOUS
INSTRUCTIONS AND
DEFINITIONS.

3.1 Graphic Conventions. Graphic

conventions are shown In Table 1. Dimensions
that are not marked minimum or maximum are
absolute, unless otherwise indicated in the text
or captions.

Table 1
Graphic Conventions

Convention

Description

Typical dimension line showing U.S. customary units
(in inches) above the line and Si units (in millimeters)
below

230

9 36

230 915

nnax
min

Dimensions for short distances indicated on
extended line

Dimension line showing alternate dimensions
required

Direction of approach

Maximum

/^nimum

Boundary of clear floor area

Centerline

Federal Register / Vol. 56. No. 173 / Friday. September 6. 1991 / Rules and Regulations 45645

3.4 General Tenninol<^y

3.2 Dimensional Tolerances, au dimen-
sions arc subject to conventional building
industry tolerances for field conditions.

3.3 Notes. Hie text of these guidelines does
not contain notes or footnotes. Additional
Information, explanations, and advisory materi-
als are located In the Appendix. Paragraphs
marked with an asterisk have related, non-
mandatory material In the Appendix. In the
Appendix, the corresponding paragraph
numbers are preceded by an A.

3.4 General Terminology.

comply with. Meet one or more sp>eclflcatlons
of these guidelines.

If. If ... then. Denotes a specification that
applies only when the conditions described
are present.

mqy. Denotes an option or alternative.

shall. Denotes a mandatory specification or
requirement.

should. Denotes an advisory specification or
recommendation.

3.5 Definitions.

Acce«» Aisle. An accessible pedestrian space
between elements, such as parking spaces,
seating, and desks, that provides clearances
appropriate for use of the elements.

Accessible. Describes a site, building, facility,
or i)ortlon thereof that complies with these
guidelines.

ACCMBibU Element. An element specified by
these guidelines (for example, telephone, con-
trols, and the like).

Accessible Route. A continuous unobstructed
path connecting all accessible elements and
sptaces of a buUdlng or facility. Interior acces-
sible routes may Include corridors, floors,
ramps, elevators, lifts, and clear floor space at
fixtures. EMerlor accessible routes may Include
parking access aisles, curb ramps, crosswalks
at vehicular ways, walks, ramps, and lifts.

Accessfblc Space. Space that complies with
these guidelines.

Adaptability. The abUlty of certain buUding
spaces and elements, such as kitchen
counters, sinks, and grab bars, to be added
or altered so as to accommodate the needs of
individuals with or without disabilities or to
accommodate the needs of persons with
different types or degrees of disability.

Addition. An expansion, extension, or increase
tn the gross Jloor area of a building or facility.

ArtmlntfttrBttYC AnthOritY. a governmental
agency that adopts or enforces regulations and
guidelines for the design, construction, or
alteration of buildings and facilities.

Alteration. An alteration is a change to a
budding or facility made by. on behalf of, or
for the use of a public accommodation or
commercial facilUy, that affects or could
affect the usability of the building or facility
or part thereof. Alterations include, but are
not limited to. remodeling, renovation, rehabi-
litation, reconstruction, historic restoration,
changes or rearrangement of the structural
parts or elements, and changes or rearrange-
ment in the plan configuration of walls and
full height partitions. Normal maintenance,
reroofing. painting or wallpapering, or changes
to mechanical and electrical systems are not
alterations unless they affect the usability of
the building or facility.

Area of Rescue Assistance. An area, which
has direct access to an exit where people who
are unable to use stairs may remain temporarily
in safety to await further instructions or assts-
tance during emergency eixxcuaf ton.

Assembly Area. A room or space accommo-
dating a group o/" Individuals for recreational,
educational, political, social, or amusement
purposes, or for the consumption of food and
drink.

Automatic Door. A door equipped with a
power-operated mechanism and controls that
open and close the door automatlczdly upon
receipt of a momentary actuating signal. The
switch that begins the automatic cycle may be
a photoelectric device, floor mat, or manual
switch (see power-assisted door).

45646 Federal Register / Vol. 56. No. 173 / Friday. September 6, 1991 / Rules and Regulations

3.5 Definitions

Buildingi Any structure used and Intended for
supporting or sheltering any use or occupancy.

Circulation Path. An exterior or Interior way
of passage from one place to another for pedes-
trians. Including, but not limited to. walks,
hallways, courtyards, stairways, and stair
landings.

Clear. Unobstructed.

Clear Floor Space. The minimum unobstructed
Jloor or ground space required to accommodate a
single, stationary wheelchair and occupant

Closed Circuit Telephone. A telephone with
detlicated line(s) such as a house phone, cour-
tesy phone or phone that must be used to gatn
entrance to afajcilUy.

C.nmmnn TT«^. Refers to those Interior and
exterior rooms, spaces, or elements that are
made available for the use of a restricted group
of people (for example, occupants of a homeless
shelter, the occupants of an office building, or
the guests of such occupants).

Cross Slope. The slope that Is perpendicular to
the direction of travel (see rurmlng slope).

Curt? RaiPPi A short ramp cutting through a
curb or buUt up to It.

Detectable Warning. A standardized surface
feature butlt in or applied to walking surfaces or
other elements to warn utsually impaired people
of hazards on a circulation path

PVCUing Unlti A single unit which provides a
kitchen or food preparation area. In addition to
rooms and spaces for iMng. bathing, sleeping.
and the like. Dwelling units include a single
family home or a townhoiise used as a transient
group home: an apartment building used as a
shelter: guestrooms in a hotel that provide
sleeping cuxx>mmodations and food preparation
areas: and other simdar facilities used on a
transient basis. For purposes of these guide
lines, use of the term "Dwelling Unit' does not
imply the unit is used as a residence.

Egress. MCIM Pfi A continuous and unob-
structed way of exit travel from any point in a
building or facility to a public way. A means of
egress comprises vertical and horizontal travel

and may include intervening room spaces,
doorways, hallways, corridors, passageways,
balconies, ramps, stairs, enclosures, lobbies,
horizontal exits, courts and yards. An accessible
means of egress is one that complies wUh these
guidelines and does not include stairs, steps, or
escalators. Areas of rescue assistance or evacu-
ation elevators may be included as part of
accessible means of egress.

Element. An architectural or mechanical compo-
nent of a building, facility, space, or site, e.g..
telephone, curb ramp. door, drinking fountain,
seating, or water closet

Entrance. Any access point to a buildirrg or
portion of a buOding orfacHtty used for the
purpose of entering. An entrance includes the
approach ujcUk. the vertical access leadlrtg to
the entrance platform, the entrance platform
itself, vestibules if provided the entiy dooris)
or gate(s). and the hardware of the entry dooris)
or gate(s).

Facility. All or any portion of buildings, struc-
tures, site improvements, conyjlexes. equpment
roads, walks, passageivays. parking lots, or
other real or personal property located on a site.

Ground Floor. Any occupiable floor less than
one story above or below grade with direct
access to grade. A building or facility always
has at least one ground floor and may have
more than one ground floor as where a split
level entrance has been provided or where a
budding is budt into a hillside.

Mezzanine qt Waztming Flwr, That ponton

of a story which is an intermediate floor level
placed within the story and having occupiable
space above and below its floor.

Marked Crossing. A crosswalk or other Iden-
tified path Intended for pedestrian use in
crossing a vehicular way.

MllltlfamllY PWCUtng. Any buUdlng containing
more them two dwelling units.

Occupiable. A room or enclosed space designed
for hurrum occupancy in which individuals
congregate for amusement, educational or
simdar purposes, or in which occupants are
engaged at labor, and which is equipped with
means of egress, light and ventdatton.

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45647

3.5 Definitions

Operable Part. A part of a piece of equipment
or appliance used to insert or withdraw objects,
or to activate, deactivate, or adjust the equip-
ment or appliance (for example, coin slot,
pushbutton, handle).

fflt/lgfrrgyeL (Reserved).

Pfiwcr-Milated Door. A door used for human
passage with a mechanism that helps to open
the door, or relieves the opening resistance of a
door, upon the activation of a switch or a
continued force applied to the door itself.

Public Uae. Describes interior or exterior
rooms or spaces that are made available to the
general public. Public use may be provided at a
building or facility that is privately or publicly
owned.

^aniPi A walking surface which has a running
slope greater than 1:20.

Wnnnlnf Slope. The slope that Is parallel to
the direction of travel (see cross slope).

Serylce Entrance. An entrance intended
primarily for delivery of goods or services.

Signage. Displayed verbal, symlxjllc, tactile.
and pictorial information.

aitfii A parcel of land bounded by a property
line or a designated F>ortlon of a public right-of-
way.

^^*^ Improvement. Landscaping, paving for
pedestrian and vehicular ways, outdoor light-
ing, recreational facilities, and the like, added
to a site.

SlffftPlng Af romniTMlllttftnff. Rooms in which
people sleep; for example, dormitory and hotel
or motel guest rooms or suites.

Space. A definable area, e.g.. room, toilet room,
hall assembly area, entrance, storage room,
alcove, courtyard, or lobby.

Story. That portion of a building included
between the upper surface ojajloor and upper
surface of the floor or roof next above. If such

portion of a building does not include occupiable
space, tt is not considered a story for purposes
of these guidelines. There may be more than one
floor level within a story as in the case of a
mezzanine or mezzanines.

Stmctnral Frame. The structural frame shall
be considered to be the columns and the
girders, beams, trusses and spandrels having
direct cormectlons to the columns and all other
members which are essential to the stability of
the building as a whole.

Tactile. Describes an object that can be
p)ercelved using the sense of touch.

Text Telephone. Machinery or equpment that
employs Interactive graphic (Le.. hjped) commu
nications through the transmission of coded
signals across the standard telephone network.
Text telephones can include, for example,
devices known as TDD's (telecommunication
display devices or telecommunication devices
for deaf persons) or computers.

Transimt Lo^oina, ^ butuung, faauty. or

portion thereof, excluding inpatient medical care
facilities, that contains one or more dwelling
units or sleeping accommodations. Transient
lodging may include, but is not limited to,
resorts, group homes, hotels, motels, and
dormitories.

VcynlCttlar WBYi a route intended for vehicular
tralTic, such as a street, driveway, or parking
lot.

Kal^ An exterior pathway with a prepared
surface Intended for pedestrian use. Including
genercd pedestrian areas such as plazas and
courts.

NOTE: SecUons 4. 1. 1 through 4. 1.7 are differ-
ent from ANSI A 11 7. 1 in their entirety and are
printed in standard type (ANSI A117. 1 does not
Include scoping provisions).

45648 Federal Register / Vol. 56. No. 173 / Friday. September 6. 1991 / Rules and Regulations

4.0 Accessible Elements and Spaces: Scope and Technical Requirements

ACCBSSIBLB ELEMENTS
AND SPACES: SCOPE AND
TECHNICAL
REQUIREMENTS.

4. 1 Mtnlmnm Requirements
4.1.1* ApplicaUon.

( 1) Genercil. All areas of newly designed or
newly constructed buildings cind facilities
required to be accessible by 4. 1.2 and 4. 1.3
and ciltered portions of existing buildings and
facilities required to be accessible by 4. 1.6 shall
comply with these guidelines, 4.1 through 4.35,
unless otherwise provided in this section or as
modified In a special application section.

(2) Application Based on Building Use.
Special application sections 5 through 10
provide additional requirements for restaurants
and cafeterias, medical care facilities, business
and mercantile. Libraries, accessible transient
lodging, and transportation facilities. When a
building or facility contcilns more than one use
covered by a special application section, each
portion shall comply with the requirements for
that use.

(3)* Areas Used Only by Employees as Work
Areas. Areas that are used only as work areas
shall be designed and constructed so that
Individuals with disabilities can approach,
enter, and exit the areas. These guidelines do
not require that any cireas used only as work
areas be constructed to permit maneuvering
within the work area or be constructed or
equipped (i.e., with racks or shelves) to be
accessible.

(4) Temporary Structures. These guidelines
cover temporary buildings or facilities as well
as jjermanent facilities. Temporary buildings
and facilities aire not of permsment construction
but are extensively used or are essential for
public use for a period of time. EJcamples of
temporary buildings or facilities covered by
these guidelines Include, but are not limited to:
reviewing stands, temporary classrooms,
bleacher areas, exhibit areas. temp>orary bank-
ing facilities, temporary health screening
services, or temporary safe pedestrian passage-
ways around a construction site. Structures.

sites and equipment directly associated with
the actual processes of construction, such as
scaffolding, bridging, materials hoists, or
construction trailers are not Included.

(5) General Ebcceptlons.

(a) In new construction, a person or entity
Is not required to meet fully the requirements
of these guidelines where that jjerson or entity
can demonstrate that it Is structurally Imprac-
ticable to do so. Full compliance will be consid-
ered structurally Impracticable only in those
rare circumstances when the unique character-
istics of terrain prevent the Incorporation of
accessibility features. If full compliance with
the requirements of these guidelines Is struc-
turally Impracticable, a person or entity shall
comply with the requirements to the extent It Is
not structurally Impracticable. Any portion of
the building or facility which can be made
accessible shall comply to the extent that It Is
not structurally Impracticable.

(b) Accessibility Is not required to (I) obser-
vation gaillerles used prlmarliy for security
purposes; or (U) In non-occuplable spaces
accessed only by ladders, catwalks, crawl
spaces, very narrow passageways, or freight
(non-passenger) elevators, and frequented only
by service personnel for repair purposes; such
spaces Include, but are not limited to, elevator
pits, elevator penthouses, piping or equipment
catwalks.

4.1.2 Accessible Sites and Exterior
Facilities: New Construction. An acces-
sible site shall meet the following minimum
requirements:

(1) At least one accessible route complying
with 4.3 shall be provided within the boundary
of the site from public transportation stops,
accessible parking spaces, passenger loading
7X)nes If provided, and public streets or side-
walks, to an accessible building entrance.

(2) At least one accessible route complying
with 4.3 shall connect accessible buildings,
accessible facilities, accessible elements, and
accessible spaces that are on the same site.

(3) All objects that protrude from surfaces
or posts Into circulation paths shall comply
with 4.4.

Federal Register / Vol. 56, No. 173 / Friday. September 6, 1991 / Rules and Regulations 45649

4.1.2 Accessible Sites and Exterior Facilities: New Construction

(4) Ground surfaces along accessible routes
and In accessible spaces shall comply with 4.5.

(5) (a) If parking spaces are provided for self-
parking by employees or visitors, or both, then
accessible spaces complying with 4.6 shall be
provided In each such parking area In conform-
ance with the table below. Spaces required by
the table need not be provided in the particular
lot. They may be provided In a different location
If equivalent or greater accessibility, in terms of
distance from an accessible entrance, cost and
convenience is ensured.

Required

Total Parking

Minimum Number

in Lot

of Accessible Spaces

1 to

26 to

51 to

' 3

76 to

100

101 to

150

151 to

200

201 to

300

301 to

400

401 to

500

501 to

1000

2 percent of total

1001 and

over

20 plus I for each
100 over 1000

Ebccept as provided In (b). access aisles adjacent
to accessible spaces shall be 60 In (1525 mm)
wide minimum.

(b) One in every eight accessible spaces, but
not less than one, shall be served by an access
aisle 96 in (2440 mm) wide minimum and shall
be designated "Van accessible" as required by
4.6.4. The vertical clearance at such spaces
shall comply with 4.6.5. All such spaces may
be grouped on one level of a parking structure.

EXCEPTION: Provision of all required parking
spaces In conformance with "Universal Parking
Design" (see appendix A4.6.3) is permitted.

(d) At facilities providing medical care and
other services for persons with mobility impair-
ments, parking spaces complying with 4.6 shall

be provided In accordance with 4. 1.2(5)(a)
except as follows:

(1) Outpatient units and facilities: 10
percent of the total number of parking spaces
provided serving each such outpatient unit or

facility;

(il) Urilts and facilities that specialize in
treatment or services for persons with mobility
impairments: 20 percent of the total number of
parking spaces provided serving each such unit
or facility.

(e)*Valet parking: Valet parking facilities
shall provide a passenger loading zone comply-
ing with 4.6.6 located on an accessible route to
the entrance of the facility. Paragraphs 5(a).
5(b). and 5(d) of this section do not apply to
valet parking facilities.

(6) If toilet facilities are provided on a site,
then each such public or common use toilet
facility shall comply with 4.22. If bathing
facilities are provided on a site, then each such
public or common use bathing facility shall
comply with 4.23.

For single user portable toilet or bathing units
clustered at a single location, at least 5% but
no less than one toilet unit or bathing unit
complying with 4.22 or 4,23 shall be Installed
at each cluster whenever typical inaccessible
units are provided. Accessible units shall be
identified by the International Symbol of
Accessibility.

EXCEPTION: Portable toilet units at construc-
tion sites used exclusively by construction
personnel are not required to comply with
4.1.2(6).

(7) Building Signage. Signs which designate
permanent rooms and spaces shall comply with
4.30.1. 4.30.4. 4.30.5 and 4.30.6. Other signs
which provide direction to. or information
about, functional spaces of the building shall
comply with 4.30. 1 . 4.30.2. 4.30.3. and 4.30.5.
Elements and spaces of accessible facilities
which shall be identified by the International
Symbol of Accessibility and which shall comply
with 4.30.7 are:

(a) Parking spaces designated as reserved
for individuals with disabilities;

45650

Federal Register / Vol. 56, No. 173 / Friday. September 6, 1991 / Rules and Regulations

4.1.3 Accessible Buildings: New Construction

(b) Accessible passenger loading zones;

(c) Accessible entrances when not all are
accessible (Inaccessible entrances shall have
directional signage to Indicate the route to the
nearest accessible entrcince);

(d) Accessible toilet and bathing facilities
when not all are accessible.

4.1.3 Accessible BuUdings: New
Construction. Accessible buildings and
facilities shcill meet the following minimum
requirements:

(1) At least one accessible route complying
with 4. .3 shall connect accessible building or
faculty entrances with all accessible spaces and
elements within the buUdlng or facility.

(2) All objects that overhang or protrude Into
circulation paths shcill comply with 4.4.

(3) Ground and floor surfaces along acces-
sible routes and In accessible rooms and
spaces shall comply with 4,5.

(4) Interior and exterior stairs connecting
levels that are not connected by an elevator,
ramp, or other accessible means of vertical
access shall comply with 4.9.

(5)* One passenger elevator complying with
4.10 shall serve each level, including mezza-
nines, in all multi-story buildings and facilities
unless exempted below. If more than one
elevator is provided, each fuU passenger eleva-
tor shall comply with 4. 10.

EXCEPTION 1: Elevators are not required In
facilities that are less than three stories or that
have less than 3000 square feet per story
unless the building Is a shopping center, a
shopping mall, or the professional office of a
health care provider, or another type of facility
as determined by the Attorney General. The
elevator exemption set forth In this paragraph
does not obviate or limit In any way the oblljga-
tlon to comply with the other accessibility
requirements established In section 4.1.3. For
example, floors above or below the accessible
ground floor must meet the requirements of
this section except for elevator service. If toilet
or bathing facilities are provided on a level not
served by an elevator, then toilet or bathing
facilities must be provided on the accessible

ground floor. In new construction If a building
or facUity Is eligible for this exemption but a
full passenger elevator is nonetheless planned,
that elevator shall meet the requirements of
4.10 and shall serve each level In the building.
A full passenger elevator that provides service
from a garage to only one level of a building or
facility Is not required to serve other levels.

EJCCEFTION 2: Elevator pits, elevator
penthouses, mechanical rooms, piping or
equipment catwalks are exempted from this
requirement.

EJCCEPTION 3: Accessible ramps complying
with 4.8 may be used In lieu of an elevator.

EXCEPTION 4: Platform lifts (wheelchair lifts)
complying with 4. 1 1 of this guideline and
applicable state or local codes may be used In
lieu of an elevator only under the following
conditions:

(a) To provide £m accessible route to a
performing area In an assembly occupancy.

(b) To comply with the wheelchair viewing
position llne-of-slght and dispersion require-
ments of 4.33.3.

(c) To provide access to Incidental
occuplable spaces and rooms which are not
open to the general public and which house
no more than ftve persons. Including but not
limited to equipment control rooms and pro-
jection booths.

(d) To provide access where existing site
constraints or other constraints make use of a
ramp or an elevator Lnfeaslble.

(6) Windows: (Reserved).

(7) Doors:

(a) At each accessible entrance to a building
or facility, at least one door shall comply with
4.13.

(b) Within a building or facility, at least
one door at each accessible space shall comply
with 4.13.

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

45651

4.1.3 Accessible Buildings: New Construction

(d) Each door required by 4.3.10, Egress,
shall comply with 4. 13.

(8) In new construction, at a minimum, the
requirements in (a) and (b) below shall be
satisfied independently:

(a)(1) At least 50% of all public entrances
(excluding those in (b) below) must be acces-
sible. At least one must be a ground floor
entrance. Public entrances are any entrances
that are not loading or service entrances.

(11) Accessible entrances must be pro-
vided In a number at least equivalent to the
number of exits required by the applicable
bulIdlng/flre codes. (This paragraph does not
require an Increase in the total number of
entrances planned for a facility.)

(ill) An accessible entrance must be
provided to each tenancy in a facility (for
example, individual stores in a strip shopping
center).

One entrance may be considered as
meeting more than one of the requirements In
(a). Where feasible, accessible entrances shall
be the entrances used by the majority of people
visiting or working in the building.

fb)(l) In addition. If direct access Is provided
for pedestrians from an enclosed parking
garage to the building, at least one direct
entrance from the garage to the building must
be accessible.

(11) If access Is provided for pedestrians
from a pedestrian tunnel or elevated walkway,
one entrance to the building from each tunnel
or walkway must be accessible

One entrance may be considered as meet-
ing more than one of the requirements In (b).

Because entrances also serve as emer-
gency exits whose proximity to all parts of
buildings and facilities is essenUal. it Is prefer-
able that all entrances be accessible.

(c) If the only entrance to a building, or
tenancy in a facility. Is a service entrance, that
entrance shall be accessible.

(d) Entrances which are not accessible shall
have directional signage complying with 4.30. 1.

4.30.2, 4.30.3. and 4.30.5. which Indicates the
location of the nearest accessible entrance.

(9)* In buildings or facilities, or portions of
buildings or facilities, required to be accessible,
accessible means of egress shall be provided in
the same number as required for exits by local
building/life safety regulations. Where a re-
quired exit from an occuplable level above or
below a level of accessible exit discharge Is not
accessible, an area of rescue assistance shall
be provided on each such level (in a number
equal to that of Inaccessible required exits).
Areas of rescue assistance shall comply with
4.3.1 1. A horizontal exit, meeting the require-
ments of local "buCding/life safety regulations,
shall satisfy the requirement for an area of
rescue assistance.

EXCEPTION: Areas of rescue assistance are
not required in buildings or facilities having a
supervised automatic sprinkler system.

(10)* Drinking Fountains;

(a) Where only one drinking fountaiin is
provided on a fioor there shall be a drinking
fountain which is accessible to Individuals who
use wheelchairs in accordance with 4. 15 and
one accessible to those who have dlfllculty
bending or stooping. (This can be accommo-
dated by the use of a 'hi-lo" fountain; by
providing one fountain accessible to those who
use wheelchairs and one fountain at a stan-
dard height convenient for those who have
difficulty bending; by providing a fountain
accessible under 4. 15 and a water cooler; or
by such other means as would achieve the
required accessibility for each group on each
fioor.)

(b) Where more than one drinking fountain
or water cooler Is provided on a fioor, 50% of
those provided shall comply with 4.15 and
shall be on an accessible route.

(11) ToUet Facilities: If toUet rooms are
provided, then each public and common use
toUet room shall comply with 4.22. Other toilet
rooms provided for the use of occupants of
specific spaces (i.e., a private toilet room for the
occupant of a private office) shall be adaptable.
If bathing rooms are provided, then each public
and common use bathroom shall comply with
4.23. Accessible toilet rooms and bathing
facilities shall be on an accessible route.

45652 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

4.1.3 Accessible Buildings: New Construction

(12) Storage. Shelving and Display Units:

(a) If fixed or built-in storage facilities such
as cabinets, shelves, closets, and drawers are
provided In accessible spaces, at least one of
each type provided shall contain storage space
complying with 4.25. Additional storage may be
provided outside of the dimensions required by
4.25.

(b) Shelves or display units Eiilowlng self-
service by customers in mercantile occupancies
shall be located on an accessible route comply-
ing with 4.3. Requirements for accessible reach
range do not apply.

(13) Controls cUid operating mechanisms In
accessible spaces, along accessible routes, or
as parts of accessible elements (for example,
light switches and dispenser controls) shall
comply with 4.27.

( 14) if emergency warning systems are
provided, then they shall Include both audible
alarms and visual alarms complying with 4.28.
Sleeping accommodations required to comply
with 9.3 shall have an alarm system complying
with 4.28. Emergency warning systems In
medical care facilities may be modified to suit
standard health care alarm design practice.

(15) Detectable warnings shall be provided at
locations as specified in 4.29.

(16) BuUdlng Signage:

(a) Signs which designate permanent rooms
and spaces shall comply with 4 30. 1. 4.30.4,
4.30.5 and 4 30.6.

(b) Other signs which provide direction to or
Information about functional spaces of the
bundling shall comply with 4.30. 1. 4.30.2.
4.30.3, and 4,30.5.

EIXCEPTION: Building directories, menus, and
all other signs which are temporary- are not
required to comply.

(17) Public Telephones:

(a) If public pay telephones, public closed
circuit telephones, or other public telephones
are provided, then they shall comply with
4.31.2 through 4.31.8 to the extent required by
the following table:

Niunb«r of each type

of telephone prorided

on each floor

Number of telephones
required to comply with
4.31.3 through 4.31.8'

1 or more single unit 1 per floor

1 bank'

2 or more banks'

1 per floor

1 per bank. Accessible unit
may be Installed as a single
unit In proximity (either
visible or with signage) to
the bank. At least one
public telephone per floor
shall meet the requirements
for a forward reach
telephone'.

' Additional public telephones may be Installed
at any height. Unless otherwise specified,
accessible telephones may be either forwaird or
side reach telephones.

^ A bank consists of two or more adjacent
public telephones, often installed as a unit.

' EIXCEPTION: For exterior Installations only, if
dial tone first service is available, then a side
reach telephone may be Installed instead of the
required forwcird reach telephone (i.e., one
telephone In proximity to each bank shall
comply with 4.31).

(b)' All telephones required to be accessible
and complying with 4.31.2 through 4.31.8 shall
be equipped with a volume control. In addition,
25 percent, but never less than one. of all other
public telephones provided shall be equipped
with a volume control and shall be dispersed
among all types of public telephones. Including
closed circuit telephones, throughout the build-
ing or facility. Signage complying with appli-
cable provisions of 4.30.7 shall be provided.

(I) If a totcil number of four or more
public pay telephones (including both Interior
and exterior phones) is provided at a site, and
at least one is in an interior location, then at
least one Interior public text telephone shall
be provided.

(II) if an interior public pay telephone is
provided in a stadium or arena, In a convention
center. In a hotel with a convention center, or

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

45653

4.1.3 Accessible Buildings: New Construction

In a covered mall, at least one Interior public
text telephone shall be provided in the facility.

(Ill) If a public pay telephone is located
In or ad)accnt to a hospital emergency room,
hospital recovery room, or hospital waiting
room, one public text telephone shall be pro-
vided at each such location.

(d) Where a bank of telephones in the
Interior of a building consists of three or more
public pay telephones, at least one public pay
telephone in each such bank shall be equlpj^
with a shelf and outlet in compliance with
4.31.9(2).

( 18) If fixed or buUt-ln seating or tables
(Including, but not limited to, study carrels and
student laboratory stations), are provided in
accessible public or common use areas, at least
five percent (5%), but not less than one. of the
fixed or built-in seating areas or tables shall
comply with 4.32. An accessible route shall
lead to and through such fixed or built-in
seating areas, or tables.

( 19)* Assembly areas:

(a) In places of assembly with fixed seating
accessible wheelchair locations shall comply
with 4.33.2, 4.33.3. and 4.33.4 and shall be
provided consistent with the following table:

Capacitj of Seating Number of Required
In Assembly Areas Wheelchair Locations

4 to 25

26 to 50

51 to 300

301 to 500

over 500

6, plus

1 additional space

for each total seating

capacity Increase of 100

In addition, one percent, but not less than one.
of all fixed seats shall be aisle seats with no
armrests on the aisle side, or removable or
folding armrests on the aisle side. Each such
seat sh£ill be identified by a sign or marker.
Signage notifying patrons of the availability of
such seats shall be posted at the ticket on"ice.
Aisle seats are not required to comply with
4.33.4.

(b) This paragraph applies to assembly
areas where audible coinmunk:atlons are
integral to the use of the space (e.g.. concert
and lecture halls, playhouses and movie the-
aters, meeting rooms, etc.). Such assembly
areas, if (1) they accommodate at least 50
persons, or If they have audlo-ampllficatlon
systems, and (2) they have fixed seating, shall
have a permanently installed assistive listening
system complying with 4.33. For other assem-
bly areas, a permanently Installed assistive
listening ^rstcm. or an adequate number of
electrical outlets or other supplementary wiring
necessary to support a portable assistive
listening system shcill be provided. The mini-
mum number of receivers to be provided shall
be equal to 4 percent of the total number of
seats, but in no case less than two. Signage
complying with applicable provisions of 4.30
shall be installed to notify patrons of the
availability of a listening system.

(20) Where automated teller machines
(ATMs) are provided, each ATM shall comply
with the requirements of 4.34 except where two
or more are provided at a location, then only
one must comply.

ElXCEPnON: Drlve-up-only automated teller
machines are not required to comply with
4,27.2, 4.27.3 and 4.34.3.

(21) Where dressing and fitting rooms are
provided for use by the general public, patients,
customers or employees. 5 percent, but never
less than one, of dressing rooms for each type
of use In each cluster of dressing rooms shaill
be accessible and shall comply with 4.35.

Examples of types of dressing rooms are those
serving different genders or distinct and differ-
ent functions as in different treatment or
examination facilities.

4.1.4 (Reserved).

4.1.5 Accessible Buildings: AddiUons.

Each addition to an existing building or facility
shall be regarded as an alteration. Each space
or element added to the existing building or
facility shall comply with the applicable provi-
sions of 4. 1 . 1 to 4. 1 .3, Minimum Requirements
(for New Construction) and the applicable
technical specifications of 4.2 through 4.35 and
sections 5 through 10. Each addition that

45654 Federal Register / Vol. 56, No. 173 / Friday. September 6, 1991 / Rules and Regulations

4.1.6 Accessible Buildings: AlteraUons

aHects or could affect the usability of an area
containing a primary function shadJ comply
with 4.1.6(2).

4.1.6 Accessible Buildings: AlteraUons.

(1) General. Alterations to existing buildlrigs
and facilities shall comply with the following:

(a) No alteration shall be undertaken which
decreases or has the effect of decreasing acces-
sibility or usability of a building or facility
below the requirements for new construction at
the time of adteration.

(b) ff existing elements, spaces, or common
areas are altered, then each such altered
element, space, feature, or area shall comply
with the applicable provisions of 4. 1 . 1 to 4 1 .3
Minimum Fiequlrements (for New Construc-
tion). If the applicable provision for new con-
struction requires that an element, space, or
common area be on an accessible route, the
altered element, space, or common area is not
required to be on an accessible route except as
provided In 4. 1.6(2) (Alterations to an Area
Containing a Primary Function.)

(c) If alterations of single elements, when
considered together, amount to an alteration of
a room or space in a butJdlng or facility, the
entire space shall be made accessible.

(d) No alteration of an existing element.
space, or area of a building or facility shall
impose a requirement for greater accessibility
than that which would be required for new
construction. For exaunple. if the elevators and
stairs in a building are being altered and the
elevators are. in turn, being made accessible,
then no accessibility modifications are required
to the stairs connecting levels connected by the
elevator. If stair modifications to correct unsafe
conditions are required by other codes, the
modifications shall be done In compliance with
these guidelines unless technically infeasible.

(e) At least one Interior public text telephone
complying with 4.31.9 shall be provided if:

(1) alterations to ejdstlng buildings or
facilities with less than four exterior or interior
public pay telephones would increase the total
number to four or more telephones with at
least one in an interior location; or

(11) alterations to one or more exterior or
Interior public pay telephones occur in an
existing building or facility with four or more
public telephones with at least one in an
Interior location.

(0 ff an escalator or stair is planned or
Installed where none existed previously and
major structural modifications are necessary
for such Installation, then a means of acces-
sible vertical access shall be provided that
complies with the applicable provisions of 4.7,
4.8. 4.10. or 4.11.

(g) In alterations, the requirements of
4. 1 .3(9). 4.3. 10 and 4.3. 1 1 do not apply.

(h) 'Entrances: ff a planned alteration
entails alterations to an entrance, and the
buUding has an accessible entrance, the en-
trance being altered is not required to comply
with 4. 1.3(8), except to the extent required by
4 1 .6(2). ff a particular entrance is not made
accessible, appropriate accessible signage
Indicating the location of the nearest accessible
enlrance(s) shall be Installed at or near the
inaccessible entrance, such that a person with
disabilities will not be required to retrace the
approach route from the Inaccessible entrance.

(I) ff the alteration work is limited solely
to the electrical, mechanicad, or plumbing
system, or to haizardous material abatement,
or automatic sprinkler retrofitting, and does
not Involve the alteration of any elements or
spaces required to be accessible under these
guidelines, then 4. 1.6(2) does not apply.

()) EXCEPTION: In alteration work, ff com-
pliance with 4. 1.6 is technically infeasible. the
alteraUon shall provide accessibility to the
maximum extent feasible. Any elements or
features of the building or facility that are
being altered and cam be made accessible shall
be made accessible within the scope of the
alteration.

Technically Infeasible. Means, with respect to
an alteration of a building or a facility, that it
has bttle likelihood of being accomplished
because existing structurad conditions would
require removing or altering a load-beairlng
member which is an essential part of the struc-
tural fraime: or because other existing physical
or site constraints prohibit modification or

Federal Register / Vol. 56. No. 173 / Friday. September 6. 1991 / Rules and Regula

tions

4.1.6 Accessible Bulldin|;s: Alterations

45655

addition of elements, spaces, or features which
are In full and strict compliance with the mini-
mum requirements for new construction and
which arc necessary to provide accessibility.

(k) EXCEPTION:

(I) These guidelines do not require the
Installation of an elevator In an altered facility
that Is less than three stories or has less than
3,000 square feet per story unless the building
Is a shopping center, a shopping mall, the
professional office of a health care provider, or
another type of facility as determined by the
Attorney General.

(II) The exemption provided in p>aragraph
(1) does not obviate or limit in any way the
obligation to comply with the other accessibility
requirements established in these guidelines.
For example, alterations to floors above or
below the ground floor must be accessible
regardless of whether the altered facility has an
elevator, if a facility subject to the elevator
exemption set forth in psu-agraph (i) nonethe-
less has a full passenger elevator, that elevator
shall meet, to the maximum extent feasible, the
accessibility requirements of these guidelines.

(2) Alterations to em Area Containing a
Primary Function: In addition to the require-
ments of 4.1.6(1). an alteration that affects or
could aSeci the usability of or access to an area
containing a primary function shall be made so
as to ensure that, to the maximum extent
feasible, the path of travel to the altered area
cmd the restrooms, telephones, and drinking
fountains serving the altered area, are readily
accessible to and usable by Individuals with
disabilities, unless such alterations are dispro-
portionate to the overall alterations in terms of
cost and scope (as determined under criteria
established by the Attorney General).

(3) Special Technical Provisions for Alter-
ations to Ebdstlng Buildings and Facilities:

(a) Ramps: Curb ramps and Interior or
exterior ramps to be constructed on sites or
in existing buildings or facilities where space
limitations prohibit the use of a 1:12 slope or
less may have slopes and rises as follows:

(1) A slope between 1:10 and 1:12 1s
allowed for a maximum rise of 6 inches.

(U) A slope between 1:8 and 1: 10 is
allowed for a maximum rise of 3 Inches. A
slope steeper than 1:8 Is not allowed.

(b) Stairs: Full extension of handrails at
stairs shall not be required In alterations where
such extensions would be hazardous or Impos-
sible due to plan configuration.

(i) If Scifety door edges are provided In
existing automatic elevators, automatic door
reopening devices may be omitted (see 4. 10.6).

(U) Where existing shaft configuration
or technical Lnfeaslblllty prohibits strict com-
pliance with 4. 10.9. the minimum car plan
dimensions may be reduced by the minimum
amount necessary, but in no case shall the
Inside car area be smaller than 48 in by 48 in.

(Hi) Equivalent facilitation may be pro-
vided with an elevator car of different dimen-
sions when usability can be demonstrated and
when all other elements required to be acces-
sible comply with the applicable provisions of
4.10. For example, an elevator of 47 in by 69 in
( 1195 mm by 1755 mm) with a door opening on
the narrow dimension, could accommodate the
standard wheelchair clearances shown In
Figure 4.

Id) Doors:

(1) Where It Is technically Infeasible to
comply with clear opening width requirements
of 4. 13.5. a projection of 5/8 in maximum will
be permitted for the latch side stop.

(U) If existing thresholds are 3/4 In high
or less, and have (or are modified to have) a
beveled edge on each side, they may remain.

(e) Toilet Rooms:

(1) Where it Is technically infeasible to
comply with 4.22 or 4.23, the Installation of at
least one unisex toilet/bathroom per floor,
located In the same area as existing toilet
facilities, will be permitted In lieu of modifying
existing toilet facilities to be accessible. Each
unisex toilet room shall contain one water
closet complying with 4. 16 and one lavatory
complying with 4. 19, and the door shall have
a privacy latch.

45656 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

4.1.7 Accessible Buildings: Historic Preservation

(U) Where It Is technically Infeaslble to
Install a required standard stall (Fig. 30(a)), or
where other codes prohibit reduction of the
fixture count (I.e.. removjil of a water closet Ln
order to create a double-wide stall), either
alternate stadl (Flg.30(b)) may be provided In
lieu of the standard stall.

(UlJ When existing toilet or bathing
facilities are being altered cind are not made
accessible, signage complying with 4.30. 1 ,
4.30.2. 4.30.3. 4.30.5. and 4.30.7 shaU be
provided Indicating the location of the nearest
accessible toilet or bathing facility within the
facility.

(f) Assembly Areas:

(1) Where it is technically Infeaslble to
disperse accessible seating throughout an
altered assembly area, accessible seaUng areas
may be clustered. Each accessible seating area
shall have provisions for companion seating
and shall be located on an accessible route that
also serves as a means of emergency egress.

(U) Where It Is technically infeaslble to
cilter all performing areas to be on an accessible
route, at least one of each type of performing
area shall be made accessible.

(g) Platform Lifts fWheelchatr Lifts): In
alterations, platfoi-m lifts (wheelchair lifts)
complying with 4. 1 1 and applicable state or
local codes may be used as part of an acces-
sible route. The use of lifts is not limited to the
four conditions In exception 4 of 4.1.3(5).

(h) Dressing Rooms: In alterations where
technical LnfeasIbLllty can be demonstrated, one
dressing room for each sex on each level shall
be made accessible. Where only unisex dress-
ing rooms are provided, accessible unisex
dressing rooms may be used to fulfill this
requirement.

4.1.7 Accessible Buildings: Historic
Preservation.

(1) AppllcabUity:

(a) General Rule. Alterations to a qualified
historic building or facility shall comply with
4.1.6 Accessible Buildings: Alterations, the
applicable technical specifications of 4.2

through 4.35 and the applicable special appli-
cation sections 5 through 10 unless It Is deter-
mined In accordance with the procedures In
4.1.7(2) that compliance with the requirements
for accessible routes (exterior and Interior),
ramps, entrances, or toilets would threaten or
destroy the historic significance of the building
or facility In which case the alternative require-
ments In 4. 1.7(3) may be used for the feature.

EXCEPTION: (Reserved).

(b) DeflnlUon. A qualified historic buUdlng
or facility is a building or facility that Is:

(0 Listed in or eligible for listing In the
National Register of Historic Places; or

(11) Designated as historic under gm
appropriate State or local law.

(2) Procedures:

(a) Alterations to Qualified Historic BuUd-
ings and FacUltles Subject to Section 106 of the
National Historic Preservation Act:

(1) Section 106 Process. Section 106 of
the National Historic Preservation Act (16
U S.C. 470 f) requires that a Federal agency
with Jurisdiction over a Federal, federedly
assisted, or federally bcensed undertaking
consider the effects of the agency's undertaking
on buildings cUid facilities listed In or eligible
for listing in the National Register of Historic
Places and give the Advisory Council on His-
toric Preservation a reasonable opportunity to
comment on the undertaking prior to approval
of the undertaking.

(U) ADA AppUcaUon. Where alteraUons
cu-e undertaken to a qualified historic building
or facility that Is subject to section 106 of the
National Historic Preservation Act. the Federal
agency with Jurisdiction over the undertaking
shall follow the section 106 process. If the
State Historic Preservation Officer or Advisory
Council on Historic Preservation agrees that
compliance with the requirements for acces-
sible routes-f exterior and Interior), ramps,
entrances, or toilets would threaten or destroy
the historic significance of the building or
facility, the alternative requirements In
4. 1 7(3) may be used for the feature.

Federal Register / Vol. 56. No. 173 / Friday. September 6. 1991 / Rules and Regulations 45657

4.2 Space Allowance and Reach Ranges

(b) Alterations to Qualified Historic BuUd-
Ings and Facilities Not Subject to Section 106
of the National Historic Preservation Act. Where
alterations are undertaken to a qualified his-
toric building or facility that is not subject to
section 106 of the National Historic Preserva-
tion Act, If the entity undertaking the alter-
ations believes that compliance with the re-
quirements for accessible routes (exterior and
Interior), ramps. entraiKes. or toilets would
threaten or destroy the historic signlflcaiKe of
the building or facility and that the alternative
requirements in 4. 1.7(3) should be used for the
feature, the entity should consult with the
State Historic Preservation Officer. If the State
Historic Preservation Officer agrees that com-
pliance with the accessibility requirements for
accessible routes (exterior and Interior), ramps,
entrances or toilets would threaten or destroy
the hlstorlccil significance of the building or
facility, the cdtemattve requirements In 4. 1.7(3)
may be used.

(c) Consultation With Interested Persons.
Interested persons should be invited to partici-
pate In the consultation process. Including
State or local accessibility officials. Indlviducils
with disabilities, and organizations represent-
ing individuals with disabilities.

(d) Certified Local Government Historic Pre-
servation Programs. Where the State Historic
Preservation Officer has delegated the consulta-
tion responsibility for purposes of this section
to a local government historic preservation
program that has been certified in accordance
with section 101(c) of the National Historic
Preservation Act of 1966 (16 U.S.C. 470a (c))
and Implementing regulations (36 CFR 61.5),
the responsibility may be carried out by the
appropriate local government body or official.

(3) Historic Preservation: Minimum
Requirements:

(a) At least one accessible route complying
with 4.3 from a site access point to an acces-
sible entrance shall be provided.

EXCEPTION: A ramp with a slope no greater
than 1 :6 for a run not to exceed 2 ft (610 mm)
may be used as part of an accessible route to
an entrance.

(b) At least one accessible entrance comply-
ing with 4. 14 which Is used t>y the public shall
be provided.

EXCEPTION: ff It Is determined that no
entrance used by the public can comply with
4. 14. then access at any entrance not used by
the general public but open (unlocked) with
directional signage at the primary entrance
may be used. The accessible entrance shall
also have a notification system. Where security
Is a problem, remote monitoring may be used.

(c) ff toilets are provided, then at least one
toUet facility complying with 4.22 and 4.1.6
shall be provided cilong an accessible route that
complies with 4.3. Such toilet facility may be
unisex in design.

(d) Accessible routes from an accessible
entrance to all publicly used spaces on at least
the level of the accessible entrance shall be
provided. Access shall be provided to all levels
of a building or facility In compliance with 4. 1
whenever practical.

(e) Displays and written information,
documents, etc.. should be located where
they can be seen by a seated person. Elxhlblts
and signage displayed horizontally (e.g.. open
books), should be no higher than 44 In

( 1 120 mm) above the floor surface.

NOTE: The technical provisions of sections 4.2
through 4.35 are the same as those of the
American National Standard Institute's docu-
ment Al 17. 1-1980. except as noted in the text.

4.2 Space Allowance and Reach
Ranges.

4.2.1* Wheelchair Passage Width. The

minimum clear width for single wheelchair
passcige shall be 32 In (815 mm) at a point and
36 in (9 1 5 mm) continuously (see Fig. 1 and
24(e)).

4.2.2 Width for Wheelchair Passing. The

minimum width for two wheelchairs to pass is
60 In (1525 mm) (see Fig. 2).

4.2.3* Wheelchair Turning Space. The

space required for a wheelchair to make a 180-
degree turn is a clear space of 60 in (1525 mm)

45658 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

4.2.4* Clear Floor or Ground Space for Wheelchairs

diameter (see Fig. 3|a)) or a T-shaped space (see
Fig. 3(b)).

4.2.4* Clear Floor or Ground Space for
Wheelchairs.

4.2.4.1 Slse and Approach. The minimum
clear noor or ground space required to
accommodate a single, stationary wheelchair
and occupant Is 30 In by 48 In (760 mm by
1220 mm) (see Fig. 4(a)). The miiiimum clear
floor or ground space for wheelchairs may be
positioned for forwcird or parallel approach to
an object (see Fig. 4(b) and (c)). Clear floor or
ground space for wheelchairs may be part of
the knee space required under some objects.

4.2.4.2 Relationship of Maneuvering
Clearance to Wheelchair Spaces. One full
unobstructed side of the clear floor or ground
space for a wheelchair shall adjoin or overlap
an accessible route or adjoin another wheel-
chair clear floor space. If a clear floor space Is
located In an alcove or otherwise confined on
all or part of three sides, additional maneuver-
ing clearances shall be provided as shown In
Fig. 4(d) and (e).

4.2.4.3 Surfaces for Wheelchair Spaces.

Clear floor or ground spaces for wheelchairs
shall comply with 4.5.

4,2.5* Forward Reach. If the clear floor
space only allows forward approach to an
object, the maximum high forward reach
allowed shall be 48 in (1220 mm) (see Fig. 5(a)).
Ttie minUnum low forward reach is 15 in
(380 mm}. If the high forward reach Is over an
obstruction, reach and clearances shall be as
shown In Fig. 5(b).

4.2.6* Side Reach, if the clear noor space
cdlows parallel approach by a person In a
wheelchair, the maximum high side reach
allowed shall be 54 In (1370 mm) and the low
side reach shall be no less than 9 In (230 mm)
above the floor (Fig. 6(a) and (b)). If the side
reach Is over an obstruction, the reach and
clearances shall be as shown In Fig 6(c).

4.3 Accessible Route.

4.3.1* General. All walks, halls, corridors,
aisles, skywalks. tunnels, and other spaces

Fig. 1
Minimum Clear Width
for Single Wheelchair

SQmin

Fig. 2
Minimum Clear Width
for Two Wheelchairs

Federal Register / Vol. 56. No. 173 / Friday. September 6. 1991 / Rules and Regulations 45659

4.3 Accesssible Route

that are part of an accessible route shall
comply with 4.3.

4.3.2 Location.

(1) At least one accessible route within the
boundary of the site shall be provided from
public transportation stops, accessible parking,
jind accessible passenger loading zones, and
public streets or sidewalks to the accessible
building entrance they serve. The accessible
route shcdL to the maximum extent feasible,
coincide with the route for the general public.

(2) At least one accessible route shall con-
nect accessible buildings, facilities, elements,
and spaces that are on the same site.

(3) At least one accessible route shzill con-
nect accessible building or facility entrances
with all accessible spaces and elements and
with all accessible dwelling units within the
building or facility.

(4) An accessible route shall connect at least
one accessible entrance of each accessible

dwelling unit with those exterior and interior
spaces and facilities that serve the accessible
dwelling unit.

4.3.3 Width. The minimum clear width of an
accessible route shall be 36 In (915 mm) except
at doors (see 4. 13.5 and 4. 13.6). If a person in
a wheelchair must make a turn around an
obstruction, the minimum clear width of the
accessible route shall be as shown in Fig. 7(a)
and(b).

4.3.4 Passing Space. If an accessible route
has less than 60 in (1525 mm) clear width,
then passing spaces at least 60 in by 60 in
(1525 mm by 1525 mm) shall be located at
reasonable Intervals not to exceed 200 ft (61 m).
A T- intersection of two corridors or walks is an
acceptable passing place.

4.3.5 Head Room. Accessible routes shall
comply with 4.4.2.

4.3.6 Surface Textures. The surface of an
accessible route shall comply with 4.5.

12 min

o-o

60,

12 min

(a)
60ln (1525-mm)-Diameter Space

(b)
T- Shaped Space for 180° Turns

Fig. 3
Wheelchair Turning Space

45660

Federal Register / Vol. 56. No. 173 / Friday. September 6, 1991 / Rules and Regulations

4.3 Accessible Route

^?VC^ :

(^g'i

J^^* :

12X0 1

(a)
Clear Floor Space

(b)
Forward Approach

MOTE: X $ 24 in (610 mm)

MOTE. X ^ 15 in (380 mm)

(d)

Clear Floor Space in Alcoves

^O.

(^-i
T-^^^'^^

j^^

1220

305 1

NOTE: If X > 24 in (610 mm), then an additional
maneuvering clearance of 6 in ( 1 50 mm) shall be
provided as shown.

MOTE: If X > 15 in (380 mm), then an additional
maneuvering clearance of 12 in (305 mm) shall be
provided as shown.

(e)

Additional Maneuvering Clearances for Alcoves

Rg.4
Minimun; Clear Roor Space for Wheelchairs

Federal Register / Vol. 56. No. 173 / Friday. September 6. 1991 / Rules and Regulations 45661

4.3 Accessible Route

' 1220^

(a)
High Forward Reach Limit

MOTE: X shall be ^ 25 in (635 mm); z shall be :^ x. When x < 20 in (510 mm), then y shall be 48 in (1220 mm) maximum
When X is 20 to 25 in (510 to 635 mm), then y shall be 44 in (1 120 mm) maximum

(b)
Maximum Forward Reach over an Obstruction

Fig. 5
Forward Reach

45662

Federal Reyster / Vol. 56. No. 173 / Friday, September 6. 1991 / Rules and Regulations

4.3.7 Slope

(a)
Clear Roor Space Parallel Approach

(b)
High and Low Side Reach Umits

Fig. 6
Side Reach

4.3.7 Slope. An accessible route with a
running slope greater than 1:20 Is a ramp and
shall comply with 4.8. Nowhere shall the cross
slope of an accessible route exceed 1:50.

4.3.8 Changes in Levels. Changes in levels
along an accessible route shall comply with
4.5.2. If an accessible route has changes In
level greater than 1/2 In (13 mm), then a curb

ramp, ramp, elevator, or platform lift (as permit-
ted tn 4.1.3 and 4. 1 .6) shaU be provided that
compiles with 4. 7, 4.8. 4. 10. or 4. 1 1 . respec-
tively. An accessible route does not include
stairs, steps, or escalators. See definition of
"egress, means oP In 3.5.

4.3.9 Doors. Doors along an accessible route
shall comply with 4. 13.

Federal Register / Vol. 56. No. 173 / Friday. September 6. 1991 / Rules and RegulaHons 45663

4.3.10* ECrcM

(a)
90° Turn

ISOTE: Dimensions shown apply when x < 48 in (1220 mm).

(b)
Turns around an Obstniction

(d)
Changes In level

Fig. 7
Accessible Route

4.3.10* Egress. Accessible routes serving any
accessible space or element shall also serve as
a means of egress for emergencies or connect to
an accessible area of rescue assistance.

4.3.1 1 Areas qf Rescue Assisttuice.

4.3.11.1 LoccUion and CUnstruction. An area
of rescue assistance shall be one qf the foUowtng:

(1) A portion of a stairway landing within a
smokeproof enclosure (complying with local
requirements).

(2) A portion of an exterior exit balcony located
invnediately adjacent to an exit stairway when
the balcony complies with local requirements for
exterior exit balconies. Openings to the interior of
the budding located within 20 feet (6 m) of the

45664 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

4.4 Protruding Objects

area of rescue assistance shall be protected
wUhJire assemblies hcuAng a three-fourths hour
fire protectUm rating.

(3) A portion of a one how fire-resistive corri
dor (complying wUh local requirements for fire-
resistive construction and for opentrxgs) located
invnediately adjacent to an exit enclosure.

(4) A vestibule located immediately amacent
to an exit enclosure and constructed to the same
fire resistive standards as required for corridors
and opeaiigs.

(5) A portion of a stairway landtng within an
exit enclosure which is vented to the exteridr
and is separated from the interior of the building
with not less than one- hour fire-reststlve doors.

16) When approved by the appropriate local
authority, an area or a room which is separated
from other portions of the building by a smoke
barrier. Smoke barriers shall have afire-resis-
tive rating of not less than one hour and shall
completely enclose the area or room. Doors in
the smoke barrier shall be tight fUttng smoke
and drafi-contrcl assemblies having afire-
protection rating of not less than 20 minutes
and shall be self-closing or automatic closing.
The area or room shall be provided with an exit
directly to an exit enclosure. Where the room
or area extts into an exit enclosure which (s
required to be of more than one-hour fire resis-
tive construction the room or area shall have
the samejlre-reststive construction including
the same opening protection as required for
the adfacent exit enclosure.

17] An elevator lobby when elevator shafts
and adjacent lobbies are pressurized as re
quired for smokeproof enclosures by local
regulations and when complying with require-
ments herein for size, communication arxd
signage. Such pressurization system shall be
activated by smoke detectors on each floor
located in a manner approved by the appropri
ate local authority. Pressurization equipment
and Us duct work wUhtn the building shall be
separated from other portions of the buUdtng by
a minimum two-hour fire resistive construction

4.3.11 .2 Size. Each area of rescue asststance
shall provide at least two accessible areas each
being not less than 30 irvches by 48 inches
(760 mm by 1220 mm). The area of rescue

assistance shall not encroach on arxy required
exit width. The total number of such 30inch by
48 inch (760 mm by 1 220 mm) areas per story
shall be not less than one for every 200 persons
of calculated occupant load served by the area
of rescue assistance.

EXCEPTION: The appropriate local authority
may reduce the minimum number ofSO-tnch by
48-tnch (760 mm by 1220 mm) areas to one for
each area of rescue assistance on floors where
the (xxnipant load is less than 200.

4.3.1 1 .3* Stalnvay Width. Each stairway
adUacent to an area of rescue assistance shall
have a minimum clear width of 48 irxches
between handrails.

4.3.11.4* Two-way Communication. A

method of two-way communication wUh both
vtstt)le and audible signals, shall be provided
between each area of rescue assistance and the
primary entry. The fire department or appropri-
ate local authority may approve a location other
than the primary entry.

4.3.11 .5 Identification. Each area of rescue
assistance shall be identified by a sign which
states 'AREA OF RESCUE ASSISTANCE' and
displays the international symbol of accessibil-
ity. The sign shall be Uluminated when exit sign
Illumination is required. Signage shall also be
installed at all inaccessible exits and where
otherwise necessary to clearly indicate the
direction to areas of rescue assistance. In each
area of rescue assisUmce. instructions on the
use of the area under emergency conditions
shall be posted adjoining the two-way communi
cation system.

4.4 Protruding Objects.

4.4.1* General. Objects projecting from walls
(for example, telephones) with their leading
edges between 27 in and 80 in (685 mm and
2030 mm) above the finished floor shall pro-
trude no more than 4 In ( 100 mm) Into walks,
halls, corridors, passageways, or aisles (see
Fig. 8(a)). Objects mounted with their leading
edges at or below 27 in (685 mm) above the
finished floor may protrude cuiy zunount (see
Fig. 8(a) and (b)). Free-standing objects
mounted on posts or pylons may overhang
12 In (305 mm) maximum from 27 In to 80 in
(685 mm to 2030 mm) above the ground or

Federal Register / Vol. 56. No. 173 / Friday. September 6. 1991 / f^iles and Regulations 45665

4.4 Protruding Objects

Lobby

any amount

W/////////////////M

z^^mmTmzm

Fig. 8 (a)
Walking Parallel to a Wall

v///m/////A

Fig. 8 (b)
Walking Perpendicular to a Wall

Fig. 8
Protruding Objects

finished floor (see Fig. 8(c) and (d)). Protruding
objects shall not reduce the clear width of an
accessible route or maneuvering space
(see Fig. 8(e)).

4.4.2 Head Room. Walks, halls, corridors,
passageways, eilsles, or other circulation spaces
shall have 80 In (2030 mm) minimum clear
head room (see Fig. 8(a)). If vertical clearance of
an area adjoining an accessible route is reduced
to less than 80 in (nominal dimension), a barrier
to warn blind or visually impaired persons shall
be provided (see Fig. 8(c- 1)).

4.5 Ground and Floor Surfaces.

4.5.1* General. Ground and floor surfaces
along accessible routes and In accessible rooms
and spaces Including floors, walks, ramps,
stairs, and curb ramps, shall be stable. Arm,
sUp-reslstant, and shall comply with 4.5.

4.5.2 Changes In Level. Changes in level up
to 1/4 In (6 mm) may be vertical and without
edge treatment (see Fig. 7(c)). Changes In level
between 1/4 In and 1/2 In (6 mm and 13 mm)

45666 Federal Register / Vol. 56. No. 173 / Friday. September 6. 1991 / Rules and Regulations

4.4 Protmding Objects

gr— tf than 12

^TzTi^-.^

U....J//////////////////////A

Fig. 8 (c) Free-SUndlng Ooerhinglng Objects

Ftg. 8 (c-1) Ooerhead Hazjuxls

12n«

305

/ '

tnis OM^rtMna c-
arMter than 12

Tk^,

b*cmja* noooocan

C8n« hits post or pyton
b«for6 person hits ot)iact

Fig. 8 (d)
Objects Mounted on Posts or Pylons

Fig. 8
F^rotniding Objects (Continued)

Federal Register / Vol. 56. No. 173 / Friday. September 6. 1991 / Rules and Regulations 45667

4.6 Ground and Floor Surfaces

additional protaction
no! required between
wing walls

protruding objects
hanging on wall with
leadirtg edges above
2716851

Fig. 8 (e)
Example of Protection around Wall-Mounted Objects and Measurements of Clear Widths

ng.8

Protruding Objects (Continued)

shall be beveled with a slope no greater than
1:2 (see Fig. 7(dJ). Changes in level greater than
1/2 In (13 mm) shall be accomplished by
means of a ramp that compiles with 4.7 or 4.8.

4.5.3* Carpet. If carpet or cjirpet tile is used
on a ground or floor surface, then It shcdl be
securely attached; have a firm cushion, pad, or
backing, or no cushion or pad; and have a level
loop, textured loop, level cut pile, or level cut/
uncut pile texture. The maximum pile thick
ness shall be 1/2 In (13 mm) (see Fig. 8(0).
Exposed edges of carpet shall be fastened to
floor surfaces and have trim along the entire
length of the exposed edge. Carpet edge trim
shaill comply with 4.5.2.

4.5.4 Gratings. If gratings are located in
walking surfaces, then they shall have spaces
no greater than 1/2 In (13 mm) wide In one
direction (see Fig. 8(g)). If gratings have elon-
gated openings, then they shall be placed so
that the long dimension Is perj)endlcular to the
dominant direction of travel (see Fig. 8(h}).

4.6 Parking and Passenger Loading
Zones.

4.6.1 Bfinimum Number. Parking spaces
required to be accessible by 4. 1 shall comply
wtlh 4.6.2 through 4.6.5. Passenger loading
zones required to be accessible by 4.1 shall
comply with 4.6.5 and 4.6.6.

45668 Federal Register / Vol. 56, No. 173 / Friday. September 6. 1991 / Rules and Regulations

4.6 Parkiixg and Passenger Loading Zones

Fig. 8 (0
Carpet Pile Thickness

^ predominant direction

of traffic

1/2

nrrr

Fig. 8 (g)
Gratings

long dimension
perpendicular to
route of travel

Fig. 8 (h)
Grating Orientation

4.6.2 Location. Accessible parking spaces
serving a particular building shall be located
on the shortest accessible route of travel Jrom
adjacent parking to an accessible entrance. !n
parking facUtties that do not serve a particular
building, accessible parking shall be located on
the shortest accessible route of travel to an
accessible pedestrian entrance of the parking
facility. In buildings with mulUple accessible
entrances with adHacent parking, accessible
parking spaces shall be dispersed and located
closest to the accessible entrances.

4.6.3* Parking Spaces. AccesstbZe parking
spaces shall be at least 96 in (2440 mm) wide.
Parking access aisles shall be part of an acces-
sible route to the buUdlng or facility entrance
and shall comply with 4.3. TWo accessible
parking spaces may share a common access
aisle (see Fig. 9). Parked vehicle overhangs
shall not reduce the clear width of an acces-
sible route. Parking spaces and access aisles
shall be level with surface slopes not exceeding
1:50 (2%) in all directions.

4.6.4* Signage. Accessible parking spaces
shall be designated as reserved by a sign
showing the symbol of accessibility (see 4.30.7).
Spaces complying with 4.1.2(5)(b) shall have an
aJdditional sign "Van-Accessible' mounted below
the symbol of accessibility. Such signs shall be
located so they cannot be obscured by a vehicle
parked In the space.

4.6.5* Vertical Clearance. Provide mini-
mum vertical clearance of 114 in (2895 mm] at
accessible passenger loading zones and along
at least one vehicle access route to such areas
from site entranceis) and exitls). At parking
spaces complying with 4.1.2(5)(b). provide
minimum vertical clearance of 98 In (2490 mm)
at the parking space and along at least one
vehicle access route to such spaces from site
entTance(s) and exitls).

4.6.6 Passenger Loading Zones. Passenger
loading zones shall provide an access aisle at
least 60 in (1525 mm) wide and 20 ft (240 InJ
(6100 mm) long adjacent and parallel to the
vehicle pull-up space (see Fig. 10). If there are
curbs between the access aisle and the vehicle
pull-up space, then a curb ramp complying
with 4.7 shall be provided. Vehicle standing
spaces and access aisles shall be level with

Federal Register / Vol. 56. No. 173 / Friday. September 6. 1991 / Rules and Regulations

45669

4.7 Curb Ramps

•cc«sslbl« rout* ^

S = S

0 0 D D

D D . 1 D 1 1 ^ 1 1

0 D ' ' D ' ' 0 ' '

Q D

0 a

D a [

D D [

] C
] D

u
a

a c

1 I

D D

a u

1 1

D a

a G

0 Q

0 a

^■m^

0 D

] 0

0 0

^o^ t

1 G

or 96 min for >

96m.n

60 min

/ANS

2440 ]

IS2S

2440

252m,n

6400

Fig. 9

imensions of Parkin

g Spaces

surface slopes not exceeding 1:50 (2%) in all
directions.

4.7 Curb Ramps.

4.7.1 Location. Curb ramps complying with
4.7 shall be provided wherever an accessible
route crosses a curb.

4.7.2 Slope. Slof>es of curb ramps shall
comply with 4.8.2. The slope shall be measured
as shown In Fig. 11. Transitions from ramps to
walks, gutters, or streets shcdl be flush arid free
of abrupt changes. Maximum slopes of adjoining
gutters, road surface immediately adjacent to
the curb ramp, or accessible route shall not
exceed 1:20.

4.7.3 Width. The minimum width of a curb
ramp shall be 36 in (915 mm), exclusive of
flared sides.

4.7.4 Surface. Surfaces of curb ramps shall
comply with 4.5.

4.7.5 Sides of Curb Ramps. If a curb ramp
is located where pedestrians must walk across
the ramp, or where it (s not protected by hand-
rails or guardrails, it shall have flared sides; the
maximum slope of the flare shall be 1: 10 (see
Fig. 12(a)). Curb ramps with returned curbs

may be used where pedestrians would not
normally walk across the ramp (see Fig. 12(b)).

4.7.6 Built-up Cuib Ramps. Built-up curb
ramps shall be located so that they do not
project into vehicular tredflc lanes (see Fig. 13).

4.7.7 Detectable Wcunings. A curb ramp
shall have a detectable warning complying with
4.29.2. The detectable warning shall extend the
full width and depth of the curb ramp.

4.7.8 Obstructions. Curb ramps shall be
located or protected to prevent their obstruc-
tion by parked vehicles.

4.7.9 Location at Marked Crossings.

Curb ramps at marked crosslrigs shall be
wholly contained within the markings, exclud-
ing any flared sides (see Fig. 15).

4.7.10 Diagonal Curb Ramps. If diagonal
(or comer type) curb ramp)s have returned
curbs or other well-defined edges, such edges
shall be parallel to the direction of pedestrian
flow. The bottom of diagonal curb ramps shall
have 48 in (1220 mm) minimum clear space as
shown in Fig. 15(c) and (d). If diagonal curb
ramps are provided at marked crossings, the
48 in (1220 mm) clear space shall be urithin the
markings (see Fig. 15(c) and (d)). If diagonal
curb ramps have flared sides, they shall also
have at least a 24 In (610 mm) long segment

of straight curb located on each side of the
curb ramp and within the marked crossing
(see Fig. 15(c)).

IIIQ

81^

240 min

□o

Rg. 10
Access Aisle at Passenger Loading Zones

45670 Federal Register / Vol. 56. No. 173 / Friday, September 6. 1991 / Rules and Regulations

4.8 Ramps

Actjolnlng slope shall
not exceed 1:20

walk street

Fig. 1 1
Measurement of Curb Ramp Slopes

PUinting or other
non -walking surface

(b)
Returned Curb

l^XlslessOvmAQln,

then the slope of the flared side

shall not exceed 1:12.

Fig. 12
Sides of Curb Ramps

4.7.11 Islands. Any raised islands In cross-
ings shaU be cut through level with the street
or have curb ramps at both sides and a level
area at least 48 In (1220 mm) long between the
curb ramps In the part of the Island Intersected
by the crossings (see Fig. 15(a) and (b)).

4.8 Raxnps.

4.8.1* General. Any part of an accessible
route with a slope greater than 1:20 shall be
considered a ramp and shall comply with 4,8.

4.8.2* Slope and Rise. The least possible
slope shall be used for any ramp. The maxi-
mum slope of a ramp In new construction shall
be 1:12. The maximum rise for any run shall
be 30 in (760 mm) (see Fig. 16). Curb ramps

and ramps-to be constructed on existing sites
or In existing buildings or facilities may have
slopes and rises as allowed in 4.1.6(3)(a) If
space limitations prohibit the use of a 1:12
slope or less.

Federal Register / Vol. 56. No. 173 / Friday. September 6. 1991 / Rules and Regulations 45671

4.8 Ramps

W—^

(a)

48min

siralghlcurb

^z:

(c)

^■

--=-— ^;^

If Tl

segment of ^
straight curb

LU.

(b)

well (tefined vdge

(d)

Rg. 15
Curb Ramps at Marked Crossings

45672

Federal Register / Vol. 56, No. 173 / Friday, September 6. 1991 / Rules and Regulations

4.8 Ramps

Level Landing

Surface of Ramp

Rjsc Ma vimum Honzdnul Projeclion

1:12 to < 1:16 30 760

1:16 to < 1:20 30 760

Fig. 16
Components of a Single Ramp Run and Sample Ramp Dimensions

4.8.3 Clear Width. The minimum clear width
of a ramp shall be 36 In (915 mm).

4.8.4* Landing*. Ramps shall have level
landings at bottom and top of each ramp and
each ramp run. Landings shall have the follow-
ing features:

(1) The landing shall be at least as wide as
the ramp run leading to it.

(2) The landing length shall be a minimum of
60 in (1525 mm) clear.

(3) If ramps change direction at landings, the
minimum landing size shall be 60 m by 60 in
(1525 mm by 1525 mm).

(4) If a doorway Is located at a landing, then
the area in front of the doorway shall comply
with 4.13.6.

4.8.5* Handrails. If a ramp run has a rise
greater than 6 In (150 mm) or a horizontal
projection greater than 72 In (1830 mm), then
It shall have handrails on both sides. Handrails
are not required on curb ramps or adjacent to
seating in assembly areas. Handrails shall
comply with 4.26 and shall have the following
features:

( 1) Handrails shedl be provided along both
sides of ramp segments. The Inside handrail
on switchback or dogleg ramps shall always
be continuous.

(2) If handrails are not continuous, they
shall extend at least 12 in (305 mm) beyond the
top and bottom of the raunp segment and shall
be parallel with the floor or ground surface
(see Fig. 17).

(3) The clear space between the handrail and
the wall shall be 1 - 1/2 m (38 mm).

(4) Gripping surfaces shall be continuous.

(5) Top oj handrail gripping surfaces shall be
mounted between 34 in and 38 in (865 mm and
965 mm) above ramp surfaces.

(6) E^ids of handrails shaR be either rounded
or returned smoothly tojloor, walL or post.

(7) Handrails shall not rotate within their
Jlttings.

4.8.6 Cross Slope and Surfaces. The cross
slope of ramp surfaces shall be no greater than
1 :50. Ramp surfaces shall comply with 4.5.

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45673

4.9 Stairs

4.8.7 Edge Protection. Ramps and landings
with drop-offs shall have curbs, walls, railings,
or projecting surfaces that prevent people from
slipping off the ramp. Curbs shall be a mini-
mum of 2 in (50 mm) high (see Fig. 17).

4.8.8 Outdoor Conditions. Outdoor ramps
and their approaches shall be designed so that
water will not accumulate on walking surfaces.

4.9 Stairs.

4.9.1* Minimwn Number. Stairs required to
be cuxessible by 4.1 shall comply with 4.9.

4.9.2 Treads and Risers. On any given
flight of stairs, all steps shall have uniform
riser heights and uniform tread widths. Stair
treads shall be no less than 1 1 in (280 mm)
wide, measured from riser to riser (see Fig.
18(a)). Open risers are not permitted.

4.9.3 Nosings. The undersides of nosings
shall not be abrupt. The radius of curvature at
the leading edge of the tread shall be no greater
than 1/2 in (13 mm). Risers shcdl be sloped or
the underside of the nosing shciU have an angle
not less than 60 degrees from the horizontal.
Nosings shall project no more than 1-1/2 in
(38 mm) (see Fig. 18).

4.9.4 Handrails. Stairways shall have hand-
rails at both sides of all stairs. Handrails shall
comply with 4.26 and shall have the following
features:

(1) Handrails shall be continuous along
both sides of stairs. The Inside handrail on
switchback or dogleg stairs shall cdways be
continuous (see Fig. 19(a) and (b)).

(2) If handrails are not continuous, they
shall extend at least 12 In (305 mm) beyond the
top riser and at least 12 In (305 mm) plus the
width of one tread beyond the bottom riser. At
the top, the extension shcdl be parallel with the
floor or ground surface. At the bottom, the
handrail shall continue to slope for a distance
of the width of one tread from the bottom riser;
the remainder of the extension shall be hori-
zontal (see Fig. 19(c) and (d)). Handrail exten-
sions shall comply with 4.4.

(3) The clear space between handrails and
wall shall be 1-1/2 In (38 mm).

(4) Gripping surfaces shall be uninterrupted
by newel p>osts, other construction elements, or
obstructions.

(5) Top of handrail gripping surface shall be
mounted between 34 in and 38 in (865 mm and
965 mm) above stair nosiJTgs.

(6) E^nds of handrails shall be either rounded
or returned smoothly to floor, wall or post

(7) Handrails shall not rotate within their
fittings.

4.9.5 Detectable Warnings at Stairs.

(Reserved).

4.9.6 Outdoor Conditions. Outdoor stairs
and their approaches shall be designed so that
water will not accumulate on walking surfaces.

4.10 Elevators.

4.10.1 General. Accessible elevators shall
be on cui accessible route and shall comply
with 4. 10 and with the ASAfE Al 7.2-2990,
Safety Code for Elevators and Escalators.
Freight elevators shall not be considered as
meeting the requirements of this section unless
the only elevators provided are used as combi
nation passenger and freight elevators for the
public and employees.

4.10.2 Automatic Operation. Elevator
operation shall be automatic. Each car shall
be equipped with a self-leveling feature that
will automatically bring the car to floor land-
ings within a tolerance of 1/2 in (13 mm)
under rated loading to zero loading conditions.
This self-leveling feature shall be automatic
cind Independent of the operating device and
shall correct the overtravel or undertravel.

4.10.3 Hall Call Buttons. Call buttons in
elevator lobbies amd halls shall be centered at
42 In (1065 mm) above the floor. Such call
buttons shall have visual signals to Indicate
when each call is registered and when each
call is answered. Call buttons shall be a mini-
mum of 3/4 In ( 19 mm) In the smallest dimen-
sion. The button designating the up direction
shall be on top. (See Fig. 20.) Buttons shall be
raised or flush. Objects mounted beneath halt
call buttons shall not project into the elevator
lobby more than 4 tn(IOO mm}.

45674 Federal Register / Vol. 56. No. 173 / Friday, September 6. 1991 / Rules and Regulations

4.10 Elevators

12 mm
"505

n^^

I i!-"-^ M

:ufb

P 1-

7777775

;)!§

f,f """ I

/jjjjMJjf>jf>y//MiMi

TTTfA

, 36min

915

I^Mmt,.

vertical guard rati

12m
305

////////J

36 r

r77t7777T7.

railing with extended
platform

Fig. 17
Examples of Edge Protection and Handrail Extensions

^^rf*

■-radK*

(b)
I Angled Nosing

)V- radus

(a)
Rush Riser

Rg. 18 (c)

Gsable Tread Width and Examples of Acceptable Nosings Rounded Nosing

Federal Register / Vol. 56. No. 173 / Friday, September 6. 1991 / Rules and Regulations 45675

4.10 Elevators

■^

(a)
Plan

Extension at Bottom of Run

nOTE:

X is the 12 in minimum handraii extension required

at each top riser.
Y is the minimum handrail extension of 12 in pius the

width of one tread that is required at each bottom riser.

Elevation of Center Handrail

Tt=J)£

(d)
Extension at Top of Run

Fig. 19
Stair Handrails

45676 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

4.10 Elevators

riOTE; The automatic door reofjening device is activated if an
object passes through either line A or line B. Line A and line B
represent the vertical locations of the door reopening device not
requinng contact

Fig. 20
Hoistway and Elevator Entrances

4.10.4 Hall Lanterns. A visible and audible
signal shall be provided at each hoistway
entrance to Indicate which car Is answering a
call. Audible signals shall sound once for the
up direction gind twice for the down direction or
shall have verbal annunciators that say "up" or
"down." Visible signals shall have the following
features:

(1) Hall lantern fixtures shall be mounted so
that their centerllne is at least 72 In (1830 mm)
above the lobby floor. (See Fig. 20.)

(2) Visual elements shall be at least 2-1/2 In
(64 mm) in the smallest dimension.

(3) Signals shall be visible from the vicinity
of the haU call button (see Fig. 20). In-car
lanterns located In cars, visible from the vicin-
ity of hall call buttons, and conforming to the
above requirements, shall be acceptable.

4.10.5 Raised and Braille Characters on
Hoistway Entrances. All elevator hoistway
entrances shall have raised and BralUe floor
designations provided on both Jambs. The
centerllne of the characters shall be 60 in
(1525 mm) above Jinish floor. Such characters
shcdl be 2 In (50 mm) high and shall comply
with 4.30.4. Permanently applied plates are
acceptable if they are permanently fixed to the
Jambs. (See Fig. 20).

4. 10.6* Door Protective and Reopening
Device. Elevator doors shall open and close
automatically. They shall be provided with a
reopening device that will stop and reopen a
car door and hoistway door automatically if
the door becomes obstructed by an object or
person. The device shall be capable of complet-
ing these operations without requiring contact
for an obstruction passing through the opening
at heights of 5 in and 29 In (125 mm and
735 mm) above finish floor (see Fig. 20). Door
reopening devices shall remain effective for at
least 20 seconds. After such an interval, doors
may close in accordzmce with the requirements
o(AS\fEA17.1 1990.

4.10.7* Door and Signal Timing for Hall
Calls. The minimum acceptable time from
notification that a car is answering a call until
the doors of that car start to close shall be
calculated from the following equation:

T= D/(1.5ft/s) orT = D/(445mm/s)

where T total time in seconds and D distance
(In feet or millimeters) from a point in the lobby
or corridor 60 in (1525 mm) directly In front of
the farthest call button controlling that car to
the centerllne of Its hoistway door (see Fig. 2 1).
For cars with In-car lanterns. T begins when
the lantern Is visible from the vicinity of hall
call buttons and an audible signal Is sounded.
The minimum acceptable notification time shall
be 5 seconds.

4.10.8 Door Delay for Car Calls. The

minimum time for elevator doors to remain
fully open in response to a car call shall be
3 seconds.

4.10.9 Floor Plan of Elevator Cars. The

floor area of elevator cars shall provide space
for wheelchair users to enter the car. maneuver

Federal Register / Vol. 56, No. 173 / Friday, September 6. 1991 / Rules and Regulations

45677

4.10.12 Car Controls

acceptable

* ^

P'^

- d

S 6 8 to 12 U 18 18

0 distance in feet
ng.21
Graph of Timing Equation

within reach of controls, and exit from the car.
Acceptable door opening and Inside dimensions
shall be as shown In Fig. 22. The clearance
between the cds platform sill and the edge of
any holstway landing shall be no greater than
1-1/4 In (32 mm).

4.10.10 Floor Surfaces.

comply with 4.5.

Floor surfaces shall

4.10.11 mumination Levels. The level of
Illumination at the car controls, platform, cind
car threshold and landing sill shall be at least
5 footcandles (53.8 lux).

4.10.12* Car Controls. Elevator control
panels shall have the following features:

(1) Buttons. All control buttons shall be at
least 3/4 In (19 mm) In their smallest dimen-
sion. They shaR be raised or flush.

(2) Tactile. BraiUe. and Visual Control Indi-
cators. All control buttons shall be designated
by Braille and by raised standard alphabet
characters for letters, arable characters for
numerals, or standard symbols as shown In
Fig. 23(a), and as required In ASAfE A i 7.1 J 990.
Raised and BmUle characters and symbols
shall comply with 4.30. The call button for the
main entry floor shall be designated by a raised
star at the left of the floor designation (see Fig.
23(a)). All raised designations for control but-
tons shall be placed immediately to the left of
the button to which they apply. Applied plates.

(b)

Fig. 22
>\inimum Dimensions of Elevator Cars

permanently attached, are an acceptable
means to provide raised control designations.
Floor buttons shall be provided with visual
Indicators to show when each call Is registered.
The visual Indicators shall be extinguished
when each call Is answered.

(3) Height. All floor buttons shall be no
higher thaui 54 In ( 1370 mm) above the Jinish
floor /or side approach and 48 in (1220 mm)
for front approach. Emergency controls. Includ-
ing the emergency alarm and emergency stop,
shall be grouped at the bottom of the panel
and shall have their centerllnes no less than
35 In (890 mm) above the finish floor (see Fig.
23(a) and (b)).

45678

Federal Register / Vol. 56, No. 173 / Friday, September 6. 1991 / Rules and Regulations

4.10.13* Car Position Indicators

^44^

control button diarneter

70
_5^

• 10
S O

-4 O

20
BO

Hi O

O o

(b)
Car Control Height

Alternate Locations of Panel
with Center Opening Door

(d)

Alternate Locations of Panel

with Side Opening Door

Fig. 23
Car Controls

(4) Location. Controls shall t)e located on a
front wadl If cars have center opening doors,
and at the side wall or at the front wall next
to the door if cars have side opening doors
(see Fig. 23(c) and (d)).

4.10.13* Car Position Indicators. In

elevator cars, a visual car position Indicator
shall be provided above the car control panel
or over the door to show the position of the
elevator in the holstway. As the car passes or
stops at a floor served by the elevators, the
corresponding numerals shall Ulumlnate,

and an audible signal shall sound. Numerals
shall be a minimum of 1/2 In (13 mm) high.
The audible signal shall be no less than
20 decibels with a frequency no higher than
1500 Hz. An automatic verbal announcement
of the floor number at which a car stops or
which a car passes may be substituted for the
audible signal.

4.10.14* Emergency Communications.

If provided, emergency two-way communica-
tion systems between the elevator and a point
outside the holstway shall comply with ASME

Federal Register / Vol. 56, No. 173 / Friday, September 6. 1991 / Rules and Regulations

45679

4.11 Platform UfU (Wheelchair Lifts)

A 17.1 1990. The highest operable part of a
two-way communication system shall t>e a
maximum of 4S in (1220 rnm) from the floor
of the car. It shall be Identified by a raised
symbol and lettering complying with 4.30 and
located adjacent to the device. If the system
uses a handset then the length of the cord
from the panel to the handset shall be at
least 29 in (735 mm). If the system ts located
in a closed compartment the compartment door
hardware shall conform to 4.27. Controls cuxd
Operating Mechanisms. The emergency tnter-
communicatian system shaR not require voice
communicatiorL

4.11 PUtform Lifts (Wheelchair
Lifts).

4.11.1 Location. Platform lifts (wheelchair
lifts) permitted by 4. 1 shall comply with the
requirements of 4.11.

4. 11.2* Other RequiremenU. If platform
lifts (wheelchair lifts) are used, they shall
comply with 4.2.4. 4.5. 4.27. and ASAfE y\ i 7. J
Safety Code for Elevators and Escalators.
Section XX. 1990.

4.11.3 Entrance. If platform lifts are used
then they shall facilUale unassisted entry,
operation, and exit from the lift in compliance
with 4.1 1.2.

4.12 Windows.
4.12.1* General. (Reserved).
4.12.2* Window Hardware. (Reserved).

4.13 Doors.

4.13.1 General. Doors required to be acces
sible by 4. 1 shall comply with the requirements
of 4.13.

4.13.2 Revolving Doors and Turnstiles.

Revolving doors or turnstiles shall not be
the only means of passage at an accessible
entrance or along cin accessible route. An
accessible gate or door shall be provided adja
cent to the turnstile or revolving door and shall
be so designed as to facilitate the same use
pattern.

4.13.3 Gates. Gates, including ticket gates,
shall meet all applicable specifications of 4. 13.

4.13.4 Double-Leaf Doorways. If doorways
have two independently operated door leaves,
then at least one leaf shall meet the specifica-
tions in 4. 13.5 and 4. 13.6. That leaf shall be
an active leaf.

4.13.5 Clear Width. Doorways shall have a
minimum clear opening of 32 in (8 1 5 mm) with
the door open 90 degrees, measured between
the face of the door and the opposite stop (see
Fig. 24(a). (b). (c). and (d)). Openings more than
24 in (610 mm) in depth shall comply with
4.2.1 and 4.3.3 (see Fig. 24(e)).

EIXCEPTION: Doors not requiring full user
passage, such as shallow closets, may have
the clear opening reduced to 20 in (510 mm)
minimum.

4.13.6 Bianeuvering Clearances at
Doors. Minimum maneuvering clearances at
doors that are not automatic or power- assisted
shall be as shown in Fig. 25. The floor or
ground area within the required clearances
shall be level and clear.

EIXCEPTION: Entry doors to acute care hospital
bedrooms for in-patients shall be exempted
from the requirement for space at the latch
side of the door (see dimension "x" in Fig. 25)
If the door is at least 44 in ( 1 120 mm) wide.

4.13.7 Two Doors In Series. The minimum
space between two hinged or pivoted doors in
series shall be 48 in (1220 mm) plus the width
of any door swinging into the space. Doors In
series shall swing either in the same direction
or away from the space between the doors
(see Fig. 26).

4.13.8* Thresholds at Doorwajrs.

Thresholds at doorways shall not exceed 3/4 in
(19 mm) in height for exterior sliding doors or
1 /2 in ( 13 mm) for other types of doors. Raised
thresholds and floor level changes at accessible
doorways shall be beveled with a slope no
greater than 1:2 (see 4.5.2).

4.13.9* Door Hardware. Handles, pulls,
latches, locks, and other operating devices on
accessible doors shall have a shape that is easy

45680

Federal Register / Vol. 56. No. 173 / Friday, September 6, 1991 / Rules and Regulations

4.13 Doors

32 win

(a)
Detail

(b)
Hinged Door

i l^f^

32 min J

32 mm 1

(d) (e)

Folding Door Maximum Doorway Deptii

Fig. 24
Clear Doorway Width and Depth

to grasp with one hand and does not require
tight grasping, tight pinching, or twisting of
the wrist to operate. Lever-operated mecha-
nisms, push-type mechanisms, and U-shaped
handles are acceptable designs. When sbdlng
doors are fully open, operating hardware shall
be exposed and usable from both sides. Hard-
ware required for accessible door passage shjcdl
be mounted no higher than 48 in (1220 mm)
above Jinis hed Jloor.

4. 13. 10* Door Closers. If a door has a
closer, then the sweep period of the closer
shall be adjusted so that from an open posi-
tion of 70 degrees, the door will take at least
3 seconds to move to a point 3 in (75 mm)
from the latch, measured to the leading edge
of the door.

4. 13. 1 1* Door Opening Force. The maxi-
mum force for pushing or pulling open a door
shall be as follows:

(1) Fire doors shall have the minimum
opening force allowable by the appropriate
administrative authority.

(2) Other doors.

(a) exterior hinged doors; (Reserved].

(b) interior hinged doors: 5 Ibf (22. 2N)

These forces do not apply to the force required
to retract latch bolts or disengage other devices
that may hold the door In a closed position.

Federal Register / Vol. 56. No. 173 / Friday. September 6. 1991 / Rules and Regulations 45681

4.13 Doom

Pull Side

18 mtn, 24 preferred

455

NOTE: X = 12 in (305 mm) if door has both i
closer and latch.

(a)

Front Approaches — Swinging Doors

NOTE: X = 36 in (9 1 5 mm) minimum If y = 60 in
(1525 mm); x = 42 in (1065 mm) minimum If y =
54 in (1370 mm).

NOTE: y = 48 in ( 1 220 mm) minimum if door has
both a latch and closer

(b)

Hinge Side Approaches — Swinging Doors

NOTE: y = 54 in ( 1 370 mm) minimum if door has
closer.

NOTE: y = 48 in ( 1 220 mm) minimum if door has
closer

Latch Side Approaches — Swinging Doors

NOTE: All doors in alcoves shall comply with the clearances for front approaches.

Rg.25
Maneuvering Clearances at Doors

45682 Federal Register / Vol. 56. No. 173 / Friday. September 6. 1991 / Rules and Regulations

4.13 Doors

(d)

Front Approach — Sliding Doors

and Folding Doors

(e)

Slide Side Approach — Sliding Doors

and Folding Doors

(f)

Latch Side Approach — Sliding Doors and Folding Doors

iSOTE: All doors in alcoves shall comply with the clearances for front approaches.

Fig. 25
Maneuvering Clearances at Doors (Continued)

I I 1?r'" I

'^i2~^

fc3„

I I I

Rg.26
Two Hinged Doors in Series

Federal Register / Vol. 56. No. 173 / Friday, September 6, 1991 / Rules and Regulations

45683

4.14 Entrances

4.13.12* Automatic Doors and Power-
Assisted Doors. If an automatic door is
used, then it shall comply with ANSI/BHMA
A156.10-1985. Slowly opening, low-powered,
automatic doors shall comply with ANSI
A156.19-1984. Such doors shall not open to
back check faster them 3 seconds and shall
require no more than 15 Ibf (66. 6N) to stop
door movement. If a power-assisted door is
used, its door-opening force shall comply with
4. 13. 1 1 and its closing shall conform to the
requirements in ANSI A156.19 1 984.

4.14 Entrances.

4.14.1 Minimum Number. Entrances
required to be accessible by 4. 1 shall be part of
an accessible route complying with 4.3. Such
entrances shall be connected by an accessible
route to public transportation stops, to acces-
sible parking and passenger loading zones,
and to public streets or sidewalks if available
(see 4.3.2(1)). They shall also be connected by
an accessible route to all accessible spaces or
elements within the building or facility.

4.14.2 Service Entrances. A service
entrance shall not be the sole accessible
entrance unless it is the only entrance to a
building or facility (for example, in a factory
or garage).

4.15 Drinking Fountains and Water
Coolers.

4.15.1 Minimum Number. Drinking foun
tains or water coolers required to be accessible
by 4.1 shall comply with 4. 1 5.

4.15.2* Spout Height. Spouts shall be no
higher than 36 in (915 mm), measured from
the floor or ground surfaces to the spout outlet
(see Fig. 27(a)).

4.15.3 Spout Location. The spouts of
drinking fountains and water coolers shall be
at the front of the unit jmd shcill direct the
water flow in a trajectory that is parallel or
nearly parallel to the front of the unit. The
spout shall provide a flow of water at least 4 in
( 100 mm) hljgh so as to allow the insertion of a
cup or glass under the flow of water. On an
accessible drinking fountain with a round or

oval bowl the spout must be positioned so the
Jlow of water ts within 3 tn (75 mm) of the front
edge of the fountain.

4.15.4 Controls. Controls shall comply with
4.27.4. Unit controls shall be front mounted or
side mounted near the front edge.

4.15.5 Clearances.

(1) Wall- and post-mounted cantilevered
units shall have a clear knee space between
the bottom of the apron and the floor or
ground at least 27 in (685 mm) high. 30 in
(760 mm) wide, and 17 in to 19 in (430 mm
to 485 mm) deep (see Fig. 27(a) and (b)). Such
units shall also have a minimum clear floor
space 30 in by 48 in (760 mm by 1220 mm) to
allow a person in a wheelchair to approach the
unit facing forward.

(2) Free-standing or built-in units not having
a clear space under them shall have a clear
floor space at least 30 in by 48 in (760 mm by
1220 mm) that allows a person in a wheelchair
to make a pau-allel approach to the unit (see
Fig. 27(c) and (d)). This clear floor space shall
comply with 4.2.4.

4.16 Water Closets.

4.16.1 General. Accessible water closets
shall comply with 4. 16.

4.16.2 Clear Floor Space. Clear floor space
for water closets not in stalls shall comply with
Fig. 28. Clear floor space may be arranged to
allow either a left-handed or right-handed
approach.

4.16.3* Height. The height of water closets
shall be 17 in to 19 In (430 mm to 485 mm),
measured to the top of the toilet seat (see Fig.
29(b)). .Seats shall not be spnmg to return to a
lifted position.

4.16.4* Grab Bars. Grab bars for water
closets not located in stalls shall comply with
4.26 and Fig. 29. The grab bar behind the water
closet shall be 36 in (915 mm) minimum.

4.16.5* Plush Controls. Flush controls
shall be hand operated or automatic and shall
comply with 4.27.4. Controls for flush valves

45684

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

4.17 Toilet StaUs

shall he mounted on the wide side of toilet
areas no more than 44 In ( 1 120 mm) above
the floor.

4.16.6 DUpensers. Toilet paper dispensers
shcdl be Installed within reach, as shown in
Fig. 29(b). Dispensers that control delivery, or
that do not permii continuous paper Jlow. shall
not be used

4.17ToUct Stalls.

4.17.1 Location. Accessible toilet stalls shall
be on an accessible route and shall meet the
requirements of 4. 1 7.

4.17.2 Water Closets. Water closets in
accessible stalls shall comply with 4. 16.

205 ' ' ' 750

equipment permitted in shaded area
(a)
Spout Height and
Knee Clearance

30 mm

(b)
Clear Floor Space

760

30 m

not Lo exceed
fountain depth

(c)

Free-standing

Fountain or Cooler

(d)

Built-in

Fountain or Cooler

Fig. 27
Drinking Fountains and Water Coolers

Federal Register / Vol. 56, No. 173 / Friday. September 6, 1991 / Rules and Regulations

45685

4.17 ToUet Stalls

Fig. 28
Clear Floor Space at Water Closets

^6 mm

36 mm

12 mm

305

• 1

= i

Fig. 29
Grab Bars at Water Closets

4.17.3* Size and Arrangement. The size
and arrangement of the standard toUet stall
shall comply with Fig. 30(a). Standard Stall.
Standard toUet stalls with a minimum depth
of 56 in (1420 mm) (see Fig. 30(a)) shall have
wall-mounted water closets. If the depth of a
standard toilet stall Is Increased at least 3 in
(75 mm), then a floor-mounted water closet
may be used. Arrangements shown for stan-
dard toilet stalls may be reversed to allow
either a left- or right-hand approach. Addi-
tional stalls shall be provided in conformance
with 4.22.4.

EXCEPTION: In instances of alteration work
where provision of a standard stall (Fig. 30(a))

is technically tnfeasible or where plwnbing code
requirements prevent combining existing stalls to
provide space, either alternate stall (Fig. 30(b))
mag be provided in lieu of the standard stalL

4.17.4 Toe Clearances. In standard stalls,
the front partition and at least one side parti-
tion shall provide a toe clearance of at least
9 In (230 mm) above the noor. If the depth of
the stall Is greater than 60 In (1525 mm), then
the toe clearance is not required.

4.17.5* Doors. ToQet stall doors, including
door hardware, shall comply with 4. 13. If toilet
stall approach is from the latch side of the stall
door, clearance between the door side of the

45686 Federal Register / Vol. 56, No. 173 / Friday, September 6. 1991 / Rules and Regulations

4.17 Toilet StaUs

, 1

c-^--- - -

— r.;

1 c

1 S;

5r-

.1^

12ma.

305

52m,n

1320

{

56m,n

wall mounted wc

1420

42 min latch
approach only.

59m,o

(1: mounted w c

-soo

other approaches
48 min

(a)
Standard Stall

1 4,2_.

I 1065

12.

4 2m,n

12m
305

54,

66r

I w wall mounted

-o-

1675
69r

mounted w c

42 min latch
approach only,
other approaches
48 min

12-

54 r

(b)
Alternate Stalls

36 min

Rg. 30
Toilet Stalls

(aO
Standard Stall (end of row)

36 r

\ /

AV^W^^VV

Rear Wall of Standard Stall

12.

401421

1015 110651
I 36 man ^

toilet paper

\\WV>\'

(d)
Side Walls

Federal Register / Vol. 56. No. 173 / Friday, September 6, 1991 / Rules and Regulations

45687

4.19 Lavatories and Mirrors

stxiU. and any obstruction, may be reduced to a
mtnimum of 42 in (1065 mm) (Fig. 30).

4.17.6 Grab Bars. Grab bars complying with
the length and positioning shown in Fig. 30(a),
(b). (c). and (d) shall be provided. Grab bars
may be mounted with any desired method as
long as they have a gripping surface at the
locations shown and do not obstruct the re-
quired clear floor area. Grab bars shall comply
with 4.26.

4.18 Urinals.

4.18.1 General. Accessible urinals shaU
comply with 4.18.

4.18.2 Hei^t. Urinals shall be stall-type or
wall-hung with an elongated rtm at a maximum
of 17 in (430 mm) above the finish floor.

4.18.3 Clear Floor Space. A clear floor
space 30 in by 48 in (760 mm by 1220 mm)
shall be provided In front of urinals to allow
forward approach. This clear space shall
adjoin or overlap em accessible route and shall
comply with 4.2.4. Urinal shields that do not
extend beyond the front edge of the urinal rim
may be provided with 29 in (735 mm) clearance
between them.

4.18.4 Flush Controls. Flush controls shall
be hand operated or automatic, and shall com-
ply with 4.27.4. and shall be mounted no more
them 44 In (1 120 mm) above the finish floor.

4.19 Lavatories and Biirrors.

4.19.1 General. The requirements of 4.19
shall apply to lavatory fixtures, vanities, and
built-in lavatories.

4.19.2 Height and Clearances. Lavatories
shall be mounted with the rim or counter sur-
face no higher than 34 in (865 mm) above the
finish floor. Provide a clearance of at least 29 in
(735 mm) above the finish floor to the bottom of
the apron. Knee and toe cleararKre shall comply
with Fig. 31.

4.19.3 Clear Floor Space. A clear floor
space 30 in by 48 in (760 mm by 1220 mm)
complying with 4.2.4 shall be provided in front
of a lavatory to allow forward approach. Such

clear floor space shall adjoin or overlap an
accessible route and shall extend a maximum
of 19 in (485 mm) underneath the lavatory
(see Fig. 32).

4.19.4 Exposed Pipes and Surfaces. Hot

water and drain pipes under lavatories shall
be Insulated or otherwise configured to protect
against contact There shall be no sharp or
abrasive surfaces under lavatories.

4.19.5 Faucets. Faucets shall comply with
4.27.4. Lever-operated, push-type, and elec-
tronically controlled mechanisms are examples
of acceptable designs, //"self-closing valves are

clearance 205

Fig. 31
Lavatoiy Clearances

17min

430

• clear

: door
: space

19 max

485

1
48

min

1220

Fig. 32
Clear Floor Space at Lavatories

45688

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

4.20 Bathtubs

used the faucet shall remain, open for at least
10 seconds.

4.19.6* Mirror*. Mirrors shall be mounted
with the bottom edge of the reflecting surface
no higher than 40 In (1015 mm) above the
finish noor (sec Fig. 31).

4.20 Bathtubs.

4.20.1 General. Accessible bathtubs shall
comply with 4.20.

4.20.2 Floor Space. Clear floor space In
front of bathtubs shall be as shown in Fig. 33.

4.20.3 Seat. An in-tub seat or a seat at the
head end of the tub shall be provided as shown
In Fig. 33 and 34. The structural strength of
seats and their attachments shcdl comply with
4.26.3. Seats shall be mounted securely and
shall not slip during use.

4.20.4 Grab Bars. Grab bars complying
with 4.26 shall be provided as shown in Fig.
33 and 34.

4.20.5 Controls. Faucets and other controls
complying with 4.27.4 shall be located as
shown In Fig. 34.

4.20.6 Shower Unit. A shower spray unit
with a hose at least 60 In (1525 mm) long that
can be used both as a flxed shower head and
as a hand-held shower shall be provided.

4.20.7 Bathtub Enclosures. If provided,
enclosures for bathtubs shall not obstruct
controls or transfer from wheelchairs onto
bathtub seats or into tubs. Enclosures on
bathtubs shall not have tracks mounted on
their rims.

4.21 Shower Stalls.

4.21.1* General. Accessible shower stalls
shall comply with 4.21.

4.21.2 Sixe and Clearances. Except as
specified In 9. 1.2, shower stall size and clear
floor space shall comply with Fig. 35(a) or (b).
The shower stall in Fig. 35(a) shall be 36 In by
36 In (915 mm by 915 mm). Shower stalls
required by 9. 1 .2 shall comply with Fig. 57(a)

or (b). The shower stall in Fig. 35fb) will flt into
the space required for a bathtub.

4.21.3 Seat. A seat shall be provided in
shower stalls 36 In by 36 In (915 mm by

915 mm) and shall be as shown in Fig. 36. The
seat shall be mounted 17 in to 19 in (430 mm
to 485 mm) from the bathroom floor and shall
extend the full depth of the stall. In a 36 in by
36 in (915 mm by 915 mm) shower stall, the
seat shall be on the wzdl opposite the controls.
Where a fixed seat is provided in a 30 in by
60 in minimum (760 mm by 1 525 mm) shower
stall a shall be a folding type and shall be
mounted on the wall adjacent to the controls
as shown tn Fig. 57. The structural strength
of seats and their attachments shall comply
with 4.26.3.

4.21.4 Grab Bars. Grab bars complying with
4.26 shall be provided as shown in Fig. 37.

4.21.5 Controls. Faucets and other controls
complying with 4.27.4 shall be located as
shov^Ti in Fig. 37. In shower stalls 36 in by

36 in (915 mm by 915 mm), all controls,
faucets, and the shower unit shall be mounted
on the side wall opposite the seat.

4.21.6 Shower Unit. A shower spray umt
with a hose at least 60 in (1525 mm) long that
can be used both as a fixed shower head and
as a hand-held shower shall be provided.

EXCEPTION: In unmonttored faciUties where
vandalism is a consideration, afbced shower
head mounted at 48 in (1220 mm) above the
shower floor may be used in lieu of a hand-held
shower head.

4.21.7 Curbs. If provided, curbs In shower
staUs 36 in by 36 in (915 mm by 915 mm)
shall be no higher than 1/2 in (13 mm). Shower
staUs that are 30 In by 60 in (760 mm by
1525 mm) minimum shall not have curbs.

4.21.8 Shower Enclosures. If provided,
enclosures for shower stalls shall not obstruct
controls or obstruct transfer from wheelchairs
onto shower seats.

4.22 Toilet Rooms.

4.22.1 Minimum Number. Toilet facilities
required to be accessible by 4.1 shall comply

Federal Register / Vol. 56, No. 173 / Friday, September 6. 1991 / Rules and Regulations 45689

4.21 Shower Stalls

■ 1

; ciMr :
1 floor
,,v.J sp^e;

60 mm i

<\-4-

t L____^

lav 1

E„

(lOOf

space

44-

E
CO'-

clear
floor
space

SYMBOL KEY:
• Shower controls
<] Shower head
^ Drain

j eorJr

(a)
With Seat In Tub

(b)
With Seat at Head of Tub

Fig. 33
Clear Floor Space at Bathtubs

area ~r---T

^4m

12m.x

* 810

305

^ y : i

co«

cz:

\\\\\\WvV\\\^

(a)
With Seat in Tub

■zj^-

12mln

^.XXXXVVVN

T_i 3

12rnai

305

'vVVVW.WV

48min
1220

^80*

bacK

(b)
With Seat at Head of Tub

Fig. 34
Grab Bars at Bathtubs

CIT

Vs.VV.\VV.V>

head

45690 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

4.22 Toilet Rooms

with 4.22. Accessible toilet rooms shcill be on
an accessible route.

4.22.2 Doora. All doors to accessible toilet
rooms shall comply with 4. 13. Doors shall not
swing Into the clear floor space required for
any fixture.

4.22.3* Clear Floor Space. The accessible
fbdures and controls required in 4.22.4, 4.22.5,
4.22.6. and 4.22.7 shall be on an accessible
route. An unobstructed turning space comply-
ing with 4.2.3 shall be provided within an
accessible toilet room. The clear floor space at
fixtures and controls, the accessible route, and
the turning space may overlap.

4.22.4 Water CloseU. If toUet stalls are
provided, then at least one shall be a standard

toilet staU complying with 4. 17; where 6 or
more stalls are provided, in addition to the stall
complying with 4. 1 7.3. at least one stcdl 36 tn
(915 mm) wide with an outward swinging, self-
clostr^ door and parallel grab bars complying
with Fig. 30(cU and 4.26 shall be provided.
Water closets in such stalls shall comply with
4. 16. If water closets are not in stalls, then at
least one shall comply with 4. 16.

4.22.5 Urinala. If urinals are provided, then
at least one shall comply with 4.18.

4.22.6 Lavatories and Mirrors. If lavatories
and mirrors are provided, then at least one of
each shall compfy with 4.19.

4.22.7 Controls and Dispensers.

If controls, dispensers, receptacles, or other

915

back

. ■

}

tM« (o

tI|o

• =

due

"Vl 0

1 1 "

:
:
I
:

L.........^

i 1

in
a,

48 mm

122

27ma«

685

rrr"

pj-

nr^

c
E

1 8

•■

<t>

^ ■

■""

L- -

_i'i_j

! c

: i

(a)

36- In by 36- In

(915-mmby915mm) Stall

(b)

30 InbySO-ln

(760-mm by 1525-mm) Staii

Rg.35
Shower Size and Clearances

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

45691

4.23 Battaxooms. Bathing Facilities, and Sliower Rooms

582

:$!

S! J

IVi max

V V

16 m

Fig. 36
Shower Seat Design

equipment are provided, then at least one of
each shall be on an accessible route and shall
comply with 4.27.

4.23 Bathrooms. Bathing Facilities,
and Shower Rooms.

4.23.1 Minimum Number. Bathrooms,
bathing facilities, or shower rooms required
to be accessible by 4.1 shall comply with 4.23
and shall be on an accessible route.

4.23.2 Doors. Doors to accessible bathrooms
shall comply with 4. 13. Doors shall not swing
Into the floor space required for any fixture.

4.23.3* Clear Floor Space. The accessible
fixtures and controls required in 4.23.4, 4.23.5,
4.23.6, 4.23.7, 4.23.8, and 4.23.9 shaU be on
an accessible route. An unobstructed turning

vVVAWVVV

VVVVVV.V.V

back (a) control wal

36in by 36in (915mm by 915-mm) Stall

—L

Side

NOTE: Showfr head and .

CO $ 00 2 00 a
CO SCO S ^ J!

back (long)

I may be on back (long) wall (as shown) or on either sId

(b)
30ln by 60-ln (760-mm by 1525mm) Stall

Fig. 37
Grab Bars at Shower Stalls

:vvvwA.vv

45692

Federal Register / Vol. 56. No. 173 / Friday, September 6. 1991 / Rules and Regulations

4.24 Sinks

space complying with 4.2.3 shall be provided
within an accessible bathroom. The clear floor
spaces at fixtures and controls, the accessible
route, and the turning space may overlap.

4.23.4 Water Closets. If toilet stalls are
provided, then at least one shall be a standard
toilet stall complying with 4. 17; where 6 or
more stalls are provided, in addition to the stall
complying wUh 4. 1 7.3. at least one stall 36 in
(915 mm) wide with an outuxvd swinging, self-
closing door and parallel grab bars complying
with Fig. 30(d) and 4.26 shall be provided
Water closets in such stalls shall comply with
4. 16. If water closets are not in stcills. then at
least one shall comply with 4. 16.

4.23.5 Urinals. If urinals are provided, then
at least one shall comply with 4. 18.

4.23.6 Lavatories and Mirrors. If lavatories
cmd mirrors cu^e provided, then at least one of
each shall comply with 4. 19.

4.23.7 Controls and Dispensers. If con-
trols, dispensers, receptacles, or other equip-
ment are provided, then at least one of each
shall be on an accessible route and shall
comply with 4.27.

4.23.8 Bathing and Shower FaciUUes. If

tubs or showers axe provided, then at least one
accessible tub that compiles with 4.20 or at
least one accessible shower that complies with
4.21 shall be provided.

4.23.9* Medicine CabineU. If medicine
cabinets are provided, at least one shall be
located with a usable shelf no higher than
44 in ( 1 120 mm) above the floor space. The
floor space shall comply with 4.2.4.

4.24 Sinks.

4.24.1 General. Sinks required to be
accessible by 4.1 shall comply with 4.24.

4.24.2 Height. Sinks shall be mounted
with the counter or rim no higher than
34 In (865 mm) above thejlnish floor.

4.24.3 Knee Clearance. Knee clearance that
is at least 27 In (685 mm) high. 30 In (760 mm)
wide, and 19 In (485 mm) deep shall be pro-

vided underneath sinks.

4.24.4 Depth. Each sink shall be a maximum
of 6-1/2 In (165 mm) deep.

4.24.5 Clear Floor Space. A clear floor
sp)ace at least 30 In by 48 In (760 mm by
1220 mm) complying with 4.2.4 shall be
provided In front of a sink to allow forward
approach. The clear floor space shcill be on
an accessible route and shall extend a maxi-
mum of 19 In (485 mm) underneath the sink
(see Fig. 32).

4.24.6 Exposed Pipes and Surfaces. Hot

water and drain pipes exposed under sinks
shall be insulated or otherwise configured so
as to protect against contact. There shall be no
sharp or abrasive surfaces under sinks.

4.24.7 Faucets. Faucets shall comply with
4.27.4. Lever-operated, push-type, touch-type,
or electronlccilly controlled mechcuilsms are
acceptable designs.

4.25 Storage.

4.25.1 General. Fixed storage facilities such
as cabinets, shelves, closets, and drawers
required to be accessible by 4.1 shall comply
with 4.25.

4.25.2 Clear Floor Space. A clear floor
space at least 30 In by 48 in (760 mm by
1220 mm) complying with 4.2.4 that allows
either a forward or parallel approach by a
person using a wheelchair shall be provided
at accessible storage facilities.

4.25.3 Height. Accessible storage spaces
shall be within at least one of the reach ranges
specified in 4.2.5 and 4.2.6 (see Fig. 5 and
Fig. 6). Clothes rods or shelves shall be a
maximum of 54 In (1370 mm) above the finish
floor /or aside approach. Where the distance
from the wheelchair to the clothes rod or shelf
exceeds 10 tn (255 mm) (as in closets without
accessible doors) the height and depth to the
rod or shelf shall comply with Fig. 38(a) and
Fig. 38(b).

4.25.4 Hardware. Hcirdware for accessible
storage facilities shall comply with 4.27.4.
Touch latches and U-shaped pulls are
acceptable.

Federal Register / Vol. 56, No. 173 / Friday. September 6. 1991 / Rules and Regulations

4.26 Handrails. Grab Bars, and Tub and Shower Seats

>5^^^?^

(a) Shelves

Fig. 38
Storage Stielves and Closets

(b) Closets

4.26 Handrails. Grab Bars, and Tub
and Shower Seats.

4.26.1* General. All handrails, grab bars,
and tub and shower seats required to be acces
sa}leby4.1. 4.8. 4.9. 4.16. 4.17. 4.20 or 4.21
shall comply with 4.26.

4.26.2* Size and Spacing of Grab Bars
and Handrails. The diameter or width of the
gripping surfaces of a handrail or grab bar
shall be 1-1/4 in to 1-1/2 in (32 mm to 38 mm).
or the shape shall provide an equivalent grip-
ping surface. If handrails or grab bars are
mounted adjacent to a wall, the space between
the wall and the grab bar shall be 1-1/2 In
(38 mm) (see Fig. 39(a). (b). (c), and (e)). Hand-
rails may be located in a recess If the recess is
a maximum of 3 in (75 mm) deep and extends
at least 18 In (455 mm) above the top of the rail
(see Fig. 39(d)).

4.26.3 Structural Strength. The structural
strength of grab bars, tub and shower seats,
fasteners, and mounting devices sh2ill meet
the following specification:

( 1) Bending stress in a grab bar or seat
induced by the maximum bending moment
from the appUcaUon of 250 Ibf ( II 12N) shaU

be less than the allowable stress for the
material of the grab bar or seat.

(2) Sheair stress induced in a grab bar or
seat by the application of 250 Ibf (1 1 12N) shall
be less than the allowable shear stress for the
material of the grab bar or seat. If the con-
nection between the grab bar or seat and its
mounting bracket or other support is consid-
ered to be fully restrained, then direct and
torsional shear stresses shall be totaled for the
combined shear stress, which shall not exceed
the allowable shear stress.

(3) Shear force Induced In a fastener or
mounting device from the application of 250 Ibf
( 1 1 12N) shall be less than the aUowable lateral
load of either the fastener or mounting device
or the supporting structure, whichever is the
smaller allowable load.

(4) Tensile force Induced In a fastener by a
direct tension force of 250 Ibf ( 1 1 12N) plus the
maximum moment from the application of
250 Ibf (1 1 12N) shaU be less than the allowable
withdrawal load between the fastener and the
supporting structure.

(5) Grab bars shall not rotate within their
fittings.

45694

Federal Register / Vol. 56. No. 173 / Friday. September 6. 1991 / Rules and Regulations

4.26 Handrails. Grab Bars, and Tub and Shower Seats

ii-3i t is — ^S

(a)
Handrail

32-38 t 31 ^N^

r*V'i

(e)
Grab Bar

Ct»l

Fig. 39
Size and Spacing of Handrails and Grab Bars

^5S55§

(d)
Handrail

4.26.4 Eliminating Hazards. A handrail or
grab bar and any wall or other surface adjacent
to It shall be free of any sharp or abrasive ele-
ments. Eklges shsdl have a minimum radius of
1/8 in (3.2 mm).

4.27 Controls and Operating
Mechanisms.

4.27. 1 General. Controls and operating
mechanisms required to be accessible by 4.1
shall comply with 4.27.

Federal Register / Vol. 56, No. 173 / Friday. September 6, 1991 / Rules and Regulations

45695

4.28 Alarms

4.27.2 Clear Floor Space. Clear floor space
complying with 4.2.4 that allows a forward or a
parallel approach by a person using a wheel-
chair shall be provided at controls, dispensers,
receptacles, arid other operable equipment.

4.27.3* Hei^t. The highest operable part
of controls, dispensers, receptacles, and other
operable equipment shall be placed within at
least one of the reach ranges sp>ecifled In 4.2.5
and 4.2.6. Electrical and communications
system receptacles on walls shall be mounted
no less than 15 In (380 mm) above the floor.

EXCEPTION: These requirements do not apply
where the use of special equipment dictates
otherwise or where electrical and communica-
tions systems receptacles are not normally
intended for use by buildtng occupants.

4.27 A Operation. Controls and operating
mechanisms shall be operable with one hand
and shall not require tight grasping, pinching,
or twisting of the wrist. The force required to
activate controls shall be no greater than 5 Ibf
(22.2 H).

4.28 Alarms.

4.28. 1 General. Alarm systems required to
be accessible by 4.1 shall comply wUh 4.28. At
a minimum visual signal appliances shall be
provided in buildings and facilities in each of
thefoUowing areas: restrooms and any other
general usage areas (e.g.. meeting rooms),
hcdlways. lobbies, and any other area for
common use.

4.28.2* Audible Alarms. If provided, audible
emergency alarms shall produce a sound that
exceeds the prevailing equtvjilent sound level
in the room or space by at least 15 dbA or
exceeds any maximum sound level with a
duration of 60 seconds by 5 dhA. whichever
is louder. Sound levels for alarm signals shall
not exceed 120 dhA.

4.28.3* Visual Alarms. Visual alarm signal
appliances shall be integrated into the building
orfacUUy alarm system. If single station audible
alarms are provided then single station visual
alarm signals shall be provided. Visual alarm
signals shall have thefoUowing minimum
photometric and location features:

(1) The lamp shall be a xenon strobe type or
equlualent

(2) The color shall be clear or nominal white
(Le.. urifUtered or clear filtered white lighij.

(3) The maximum pulse duration shall be two-
tenths of one second (0.2 sec) with a maximum
duty cycle of 40 percent The pulse duration is
defined as the time interval between Initial and
final points of 10 percent of maximum signed.

(4) The tntenstty shall be a minimum of
75candela.

(5) The flash rate shall be a minimum of
1 Hz and a maximum of 3 Hz.

(6) The appliance shall be placed 80 in
(2030 mm) above the highest floor level within
the space or 6 in (152 mm) below the ceiling,
whichever ts lower.

(7) In general no place in any room or space
required to have a visual signal appliance shall
be more than 50 ft (15 m)from the signal (in the
horizontal plane). In large rooms and spaces
exceeding 100 fi (30 m) across, without obstruc
tions 6 ft (2 m) above the finish floor, such as
auditoriums, devices may be placed around
the perimeter, spaced a maximum 100 fl (30 m)
apart, in lieu of suspending appliances from
the ceding.

(8) No place in common corridors or hallways
in which visual alarm signalling appliances are
required shall be more than 50 ft (15 rrOfrom
the signal

4.28.4* Auxiliary Alarms. Units and sleep-
ing accommodations shall have a visual alarm
connected to the building emergency alarm
system or shall have a standard 1 10-volt elec-
trical receptacle into which such an jilarm can
be connected and a means by which a signal
from the budding emergency alarm system can
trigger such an auxdiary alarm. When visual
alarms are in place the signal shall be visible
in all areas of the unit or roorrL Instructions
for use of the auxiliary alarm or receptacle
shall be provided.

45696

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

4.29 Detectable Warnings

4.29 Detectable Warnings.

4.29.1 General. DetectoJbie warnings required
by 4. 1 and 4.7 shall comply with 4.29.

4.29.2* Detectable Warnings on Walking
Surfaces. Detectahle warnings shall consist
of raised truncated domes with a diameter of
nominal 0.9 in (23 mm), a height of nominal
0.2 in (5 mm) and a center to-center spacing of
nominal 2.35 in (60 mm) and shall contrast
visually with adjoining surfaces, either light on
dark, or darkon-light.

The material used to provide contrast shall he
an Integral part of the uxilking surface. Detect
able warnings used on interior surfaces shall
differ from adjoining walking surfaces tn resil
iency or sound on-cane contact.

4.29.3 Detectable Warnings on Doors
To Hazardous Areas. (Reserved).

4.29.4 Detectable Warnings at Stairs.

(Reserved).

4.29.6 Detectable Warnings at
Hazardous Vehicular Areas. If a walk
crosses or adjoins a vehicular way, and the
walking surfaces are not separated by curbs,
raUings. or other elements between the pedes
trian areas and vehicular areas, the boundary
between the areas shall be defined by a con-
tinuous detectable warning which is 36 Ln
(915 mm) wide, complying with 4.29.2.

4.29.6 Detectable Warnings at
Reflecting Pools. The edges of reflecUng
pools shall be protected by railings, walls,
curbs, or detectable warnings complying
with 4.29.2.

4.29.7 Standardization. (Reserved).

4.30 Signage.

4.30.1* General. Signage required to be
accessible by 4.1 shall comply with the
applicable provisions of 4.30.

4.30.2* Character Proportion. Letters and
numbers on signs shall have a width-to-helght
ratio between 3:5 and 1:1 and a stroke-width-
to-height ratio between 1:5 and 1:10.

4.30.3 Character Height. Characters and
numbers on signs shall be sized according to
the viewing distance from which they are to
be read. The minimum height is measured using
an upper case X. Lower case characters are
permitted.

Height Above
Finished Floor

Minimum
Character Height

Suspended or Projected

Overhead tn
compliance with 4.4.2

3 in. (75 mm)
minimum

4.30.4* Raised and Brailled Characters
cuid Pictorial Symbol Signs
CPictogrcuns). Letters and numerals shall be
raised 1 /32 in, upper case, sans serif or simple
serif type and shall be accompanied with Grade
2 BraiRe. Raised characters shall be at least
5/8 in (16 mm) high, but no higher than 2 in
(50 mm). Pictograms shall be accompanied by
the equivalent verbal description placed directly
below the pictogram. The border dimension of
the pictogram shall be 6 tn (152 mm) minimum
tn height

4.30.6* Finish and Contrast. The charac-
ters and background of signs shall be eggshell
matte, or other non glare finish. Characters and
symbols shall contrast with their background
— either light characters on a dark background
or dark characters on a light background.

4.30.6 Mounting Location and Height.

Where permanent identification is provided for
rooms and spaces, signs shall be installed on
the wall adjacent to the latch side of the door.
Where there is no wall space to the latch side
of the door, including at double leaf doors,
signs shall be placed on the nearest adjacent
walL Mounting height shall be 60 in (1525 mm)
above the finish floor to the centerline of the
sign Mounting location for such signage shall
be so that a person may approach within 3 in
(76 mm) of signage without encountering pro-
truding objects or standing within the swing
of a door.

4.30.7* SsrmboU of Accessibility.

(1) Facilities and elements required to be
identified as accessible by 4.1 shall use the
international symbol of accessibility. The

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

45697

4.30 Signage

4Sm^ !

: ! ' : ! 1 : i

-+-^;^.-

1 '

'±~^z—rz

:rrrl''

\ : ,

-±,::.J

/ ' ' \ \

1 ' \ \

\ yj\ Y

A \ / j\ •'^^

SS^^^^f^^±^

(a)

Proportions

International Symbol of Accessibility

(b)

Display Conditions

International Symbol of Accessibility

International Symbol of Access for Hearing Loss

Fig. 43
International Symbols

symbol shall be displayed as shown In
Fig. 43(aJ and (b).

(2) Volume Control Telephones. Telephones
required to have a volume control by 4.1 .3(1 7)(b)
shjjll be identified by a sign containing a depic-
tion of a telephone handset wtth radiating sound

(3) Text Telephones. Text telephones required
by 4.1.3(1 7)(c) shall be identtfied by the interna-
tional TDD symbol (Fig 43(c)). In addition, if a
facility has a public text telephone, directional
signage indicating the location of the nearest
text telephone shall be placed adjacent to all
banks of telephones which do not contain a text
telephone. Such directional signage shall include
the international TDD symbol. If a facility has no
banks of telephones, the directional signage
shall be provided at the entrance (e.g., in a
budding directory).

(4) Assistive Listening Systems. In assembly
areas where permanently installed assistive
listening systems are required by 4.1.3(19)(b)
the availability of such systems shall be identi-
fied with signage that includes the international
symbol of access for hearing loss (Fig 43(dJ).

4.30.8* Illumination Levels. (Reserved).

4.31 Telephones.

4.31.1 General. Public telephones required
to be accessible by 4. 1 shall comply with 4.31.

4.31.2 Clear Floor or Ground Space. A

clear floor or ground space at least 30 In by
48 In (760 mm by 1220 mm) that allows
either a forward or i>arallel approach by a
person using a wheelchair shall be provided
at telephones (sec Fig. 44). The clear floor or
ground space shall comply with 4.2.4. Bases,
enclosures, emd ftxed seats shall not Impede
approaches to telephones by people who use
wheelchairs.

4.31.3* Mounting Height. The highest
operable part of the telephone shall be within
the reach ranges specified In 4.2.5 or 4.2.6.

4.31.4 Protruding Objects. Telephones
shall comply with 4.4.

45698 Federal Register / Vol. 56. No. 173 / Friday, September 6, 1991 / Rules and Regulations

4.31 Telephones

Any width

'/—optional
I post and
-u base

YXX//X/X///////jY/jYA

(a)
Side Reach Possible

1220

Plan

y/xx///}/x/x}///xAYA

'Height lo highest operable
parts which are essential to
basic operation of telephone.

o 5

fNJ

" g

6 n\in

Forward Reach Required

Fig. 44
Mounting Heights and Clearances for Telephones

4.31.5 He€u-ingAid Compatible and
Volume Control Telephones Required
by 4.1.

(1) Telephones shall be hectrtng aid
compatible.

(2) Volume controls, capable of a minimum
of 12 dbA and a maximum of 18 dbA above

normal shall be provided in accordance with
4.1.3. If an automatic reset is provided then
1 8 dbA mem t>€ exceeded.

4.31.6 Controls. Telephones shall have
pushbutton controls where service for such
equipment Is available.

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

45699

4.32 Fixed or Built-in Seating and Tables

4.31.7 Telephone Books. Telephone books.
If provided, shall be located in a position that
complies with the reach ranges specified In 4.2.5
and 4.2.6.

4.31.8 Cord Length. The cord from the
telephone to the handset shall be at least
29 in (735 mm) long.

4.31.9* Text Telephones Required
by 4.1.

(1) Text telephones used with a pay telephone
shall be permanently ajfixed within, or adjacent
to, the telephone enclosme. If an acoustic cou
pier is used, the telephone cord shall be suffi-
ciently long to allow connection of the text
telephone and the telephone receiver.

(2) Pay telephones designed to accommodate
a portable text telephone shall be equipped with
a shelf and an electrical outlet within or adja-
cent to the telephone enclosure. The telephone
handset shall be capable of being placed flush
on the surface of the shelf. The shelf shall be
capable of accommodating a text telephone and
shall have 6 in (152 mm) minimum uertical clear
once tn the area where the text telephone is to
be placed.

(3) Ekjutvalent facilitation may be provided.
For example, a portable text telephone may be
made cwailable in a hotel at the registration
desk if it is available on a 24-hour basis for
use with nearby public pay telephones. In this
instance, at least one pay telephone shall
comply with paragraph 2 of this section. In
addttUjn, if an acoustic coupler is used the
telephone handset cord shall be sufficiently long
so as to allow connection of the text telephone
and the telephone receiver. Directional signage
shall be provided and shall comply with 4.30. 7.

4.32 Fixed or Built-in Seating and
Tables.

4.32.1 Mini mum Number. Fixed or buUt-in
seating or tables required to be accessible by
4.1 shall comply with 4.32.

4.32.2 Seating. If seating spaces for people
in wheelchairs are provided at fixed tables or
counters, clear floor space complying with
4.2.4 shall be provided. Such clear floor space

shall not overlap knee space by more than
19 in (485 mm) (see Fig. 45).

4.32.3 Knee Clearances. If seating for
people in wheelchairs Is provided at tables or
counters, knee spaces at least 27 In (685 mm)
high. 30 in (760 mm) wide, and 19 in (485 mm)
deep shall be provided (see Fig. 45).

4.32.4* Height of Tables or Counters.

The tops of accessible tables and counters shall
be from 28 in to 34 in (7 10 mm to 865 mm)
oboue thefintsh floor or ground.

4.33 Assembly Areas.

4.33.1 Minimum Numl>er. Assembly and
associated areas required to be accessible by
4.1 shall comply with 4.33.

4.33.2* Size of Wheelchair Locations.

Each wheelchair location shall provide mini-
mum clear ground or floor spaces as shown
in Fig. 46.

4.33.3* Placement of Wheelchair
Locations. Wheelchedr areas shall be cm inte-
gral part of any fixed seating plan and shall be
provided so as to provide people with physical
disabilities a choice of admission prices and
lines of sight comparable to those for members
of the general public. They shall adjoin an
accessible route that also serves as a means
of egress in case of emergency. At least one
companion fixed seat shaU be provided next to
each wheelchair seating area When the seating
capacity exceeds 300, wheelchair spaces shall
be provided tn more than one location. Readily
removable seats may be installed in wheelchair
spaces when the spaces are not required to
accommodate wheelchair users.

EXCEPTION: Accessible viewing positions may
be clustered for bleachers, balconies, and other
areas having sight lines that require slopes of
greater than 5 percent Ekjuivalent accessible
viewing positions mag be located on levels
having accessible egress.

4.33.4 Surfaces. The ground or floor at
wheelchair locations shall be level and shall
comply with 4.5.

45700 Federal Register / Vol. 56, No. 173 / Friday. September 6. 1991 / Rules and Regulations

4.33 Assembly Areas

a)S toS

j42_

accessible path of travel

S5S

^-3(L

Rg.45
Minimum Clearances for Seating and Tables

(a) (b)

Forward or Rear Access Sld€ Access

Fig. 46
Space Requirements for Wheelchair
Seating Spaces In Series

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

45701

4.34 Automated Teller liachines

4.33.5 Access to Performing Areas.

An accessible route sheiU connect wheelchair
seating locations with performing areas, includ-
ing stages, arena floors, dressing rooms, locker
rooms, and other spaces used by performers.

4.33.6* Placement of Listening Systems.

If the listening system provided serves Indi-
vidual fixed seats, then such seats shall be
located within a 50 ft (15 m) viewing distance
of the stage or playing area and shall have a
complete view of the stage or playing area.

4.33.7* Types of Listening Systems.

AssisOue Ustenlr^ systems (ALS) are intended
to augment standard public address and audio
systems by providtng signals which can be re
ceived directly by persons with special receiDers
or their own hearing aids and which eliminate or
filter background noise. The type ofassisttue
listening system appropriate for a particular
application depends on the characteristics of
the setting, the nature of the program, and the
intended audience. Magnetic induction loops,
infra-red and radio frequency systems are types
of listening systems which are appropriate for
various applications.

4.34 Automated Teller Machines.

4.34.1 Genercd. Ekich machine required to be
accessible by 4.1.3 shaU be on an accessible
route and shaU. corriply with 4.34.

4.34.2 Controls. Controls for user activation
shaU comply wUh the requirements of 4.27.

4.34.3 Clearcuices tmd. Reach Range.

Free standing or budt-tn unUs not having a clear
space under them shall comply with 4.27.2 and

4.27.3 and provide for a parallel approach and
both a forward and side reach to the unU. allow-
ing a person in a wheelchair to access the
controls and dispensers.

4.34.4 Equipment for Persons with
Vision Impairments. Instructions and aR
information for use shall be made accessible to
and independently usable by persons with
vision irr^irments.

4.35 Dressing and Fitting Rooms.

4.35.1 General. Dressing and fitting rooms
required to be accessible by 4.1 shaU. comply
with 4.35 and shaU. be on an accessible route.

4.35.2 Clear Floor Space. A clear floor
space allowing a person using a wheelchair to
make a 180-degree turn shall be provided in
every accessible dressing room entered through
a swingirm or sUding door. No door shall swing
into any part of the turning space. Turning space
shall not be required in a priixUe dressing room
entered through a curtained opening at least

32 in (815 mm) wide If clear floor space comply
tng with section 4.2 renders the dressing room
usable by a person using a wheelchair.

4.35.3 Doors. AH doors to accessible dressing
rooms shaU be in compliance with section 4. 13.

4.35.4 Bench. Every accessible dressing
room shaU. have a 24 in by 48 in (610 mm by
1 220 mm] bench fbced to the wall along the
longer dimensiorL The bench shaU. be mounted
17 into 19 in (430 mm to 485 mm) above the

finish floor. Clear floor space shall be provided
alongside the bench to aUow a person using a
wheelchair to make a parallel transfer onto the
bench. The structural strength of the bench and
attachments shall comply with 4.26.3. Where
installed in conjunction with showers, swimming
pools, or other wet locations, water shall not
accumulate upon the surface of the bench and
the bench shaR have a slip-resistant surface.

4.35.5 Mirror. Where mirrors are provided in
dressing rooms of the same use, then in an
accessible dressing room, a full-length mirror,
measuring at least 18 in wide by 54 in high
(460 mm by 1370 mm), shaU. be mounted in a
position affording a view to a person on the
bench as weU. as to a person in a standing
position.

NOTE: SecUons 4.1.1 through 4.1.7 and
sections 5 through 10 are different from ANSI
AI 17. 1 in their entirety and are printed <n
standard type.

45702 Federal Register / Vol. 56, No. 173 / Friday. September 6, 1991 / Rules and Regulations

5.0 Restaurants and Cafeterias

RESTAURANTS AND
CAFETERIAS.

5.1* General. Elxcept as specified or modi-
fied In this section, restaurants and Ceifeterlas
shall comply with the requirements of 4.1 to
4.35. Where fixed tables (or dining counters
where food Is consumed but there Is no service)
are provided, at least 5 percent, but not less
than one, of the fixed tables (or a portion of
the dining counter) shall be accessible and
shall comply with 4.32 as required In 4. 1.3(18).
In establishments where separate areas cu^
designated for smoking and non-smoking
patrons, the required number of accessible
fixed tables (or counters) shall be propor-
tionally distributed between the smoking and
non-smoking areas. In new construction, cuid
where practicable In alterations, accessible
fixed tables (or counters) shall be distributed
throughout the space or facility.

5.2 Counters and Bars, where food or
drink Is served at counters exceeding 34 In
(865 mm) In height for consumption by cus-
tomers seated on stools or standing at the
counter, a portion of the main counter which
is 60 In (1525 mm) In length minimum shall
be provided in compliance with 4.32 or service
shall be available at accessible tables within
the same area.

Fig. 53
Food Service Lines

5.3 Access Aisles. All accessible fixed
tables shall be accessible by means of an
access aisle at least 36 in (9 1 5 mm) clear
between parallel edges of tables or between
a wall and the table edges.

5.4 Dining Areas. In new construction, all
dining areas, including raised or sunken dining
areas, loggias, and outdoor seating areas, shall
be accessible. In non-elevator buildings, an
accessible means of vertical access to the
mezzanine is not required under the following
conditions: 1) the aiea of mezzanine seating
measures no more than 33 percent of the area
of the total accessible seating area; 2) the same
services and decor are provided in an acces-
sible space usable by the general public; and,
3) the accessible areas eur not restricted to
use by people with disabilities. In alterations,
accessibility to raised or sunken dining areas,
or to all parts of outdoor seating areas Is not
required provided that the same services and
decor are provided in an accessible space
usable by the general public and are not
restricted to use by people with disabilities.

5.5 Food Service Lines. Food service
lines shall have a minimum clear width of
36 Ln (915 mm), with a preferred clear width
of 42 in (1065 mm) to allow passage around a
person using a wheelchair. Tray slides shall be
mounted no higher than 34 in (865 mm) above
the floor (see Fig. 53). If self-service shelves

Ftg.54
Tablevoars Areas

Federal Register / Vol. 56, No. 173 / Friday, September 6. 1991 / Rules and Regulations

45703

6.0 Medical Care FacUiUcs

are provided, at least 50 percent of each type
must be within reach ranges specified in 4.2.5
and 4.2.6.

5.6 Tableware and Condiment Areas.

Self-service shelves and dispensing devices
for tableware, dlshware, condiments, food
auid beverages shall be installed to comply
with 4.2 (see Fig. 54).

5.7 Raised Platforms, in banquet rooms
or spaces where a head table or speaker's
lectern is located on a raised platform, the
platfonn shall be accessible in compliance
with 4.8 or 4. 1 1. Open edges of a raised plat-
form shall be protected by placement of tables
or by a curb.

5.8 Vending Machines and Other
Equipment. Spaces for vending machines
and other equipment shcdl comply with 4.2
and shall be located on an accessible route.

5.9 Quiet Areas. (Reserved).

BIEDICALCARE
FACILmES.

6.1 General. Medical care faculties included
in this section are those in which people re-
ceive physiczd or medical treatment or care and
where persons may need assistance in respon-
ding to an emergency and where the period of
stay may exceed twenty-four hours. In addition
to the requirements of 4. 1 through 4.35. medi-
cal care facilities and buildings shall comply
with 6.

(1) Hospitals - general purpose hospitals,
psychiatric facilities, detoxification facilities —
At least 10 percent of patient bedrooms and
toilets, and all public use and common use
areas are required to be designed and con-
structed to be accessible.

(2) Hospitals and rehabUitation facilities
that specialize in treating conditions that affect
mobility, or units within either that specialize
in treating conditions that affect mobility — All
patient bedrooms and toilets, and all public
use SLnd common use areas are required to be
designed and constructed to be accessible.

(3) Long term care facilities, nursing homes
— At least 50 percent of patient bedrooms
amd toilets, zind all public use and common
use areas are required to be designed and
constructed to be accessible.

(4) Alterations to patient bedrooms.

(a) When patient bedrooms are being added
or altered as part of a plarmed renovation of an
entire wing, a department, or other discrete
area of an existing medical facility, a percent-
age of the patient bedrooms that are being
added or altered shall comply with 6.3. The
percentage of accessible rooms provided shall
be consistent with the percentage of rooms
required to be accessible by the applicable
requirements of 6. 1(1), 6.1(2), or 6. 1(3), until
the number of accessible patient bedrooms in
the facility equals the overall number that
would be required if the facility were newly
constructed. (For example, if 20 patient bed-
rooms are being altered in the obstetrics
department of a hospital, 2 of the altered rooms
must be made accessible. If. within the same
hospital, 20 patient bedrooms are being altered
in a unit that specializes in treating mobility
Impairments, all of the ciltered rooms must be
made accessible.) Where toUet/bath rooms are
part of patient bedrooms which Eire added or
altered and required to be accessible, each
such patient toilet/bathroom shall comply
with 6.4.

(b) When patient bedrooms are being added
or altered individually, and not as part of an
alteration of the entire area, the altered patient
bedrooms shall comply with 6.3, unless either:
a) the number of accessible rooms provided in
the department or area containing the altered
patient bedroom equals the number of acces-
sible patient bedrooms that would be required
ffthe percentage requirements of 6.1(1), 6.1(2).
or 6.1(3) were applied to that depcirtment or
area; or b) the number of accessible jsatlent
bedrooms In the facility equals the overall
number that would be required If the facility
were newly constructed. Where toilet/bath-
rooms are part of patient bedrooms which

are added or altered and required to be acces-
sible, each such toilet/bathroom shall comply
with 6.4.

45704 Federal Register / Vol. 56. No. 173 / Friday, September 6, 1991 / Rules and Regulations

7.0 Business and Mercantile

6.2 Entrances. At least one accessible
entrance that complies with 4.14 shall be
protected from the weather by canopy or
roof overhang. Such entrances shall incorpo-
rate a passenger loading zone that compiles
with 4.6.6.

6.3 Patient Bedrooms. Provide accessible
patient bedrooms Ln compliance with 4. 1
through 4.35. Accessible patient bedrooms
shall comply with the following;

(1) E^ch bedroom shall have a door that
compiles with 4.13.

EXCEPTION: Entry doors to acute care hospi-
tal bedrooms for In-patlents shall be exempted
from the requirement In 4. 13.6 for maneuver-
ing space at the latch side of the door If the
door Is at least 44 in (II 20 mm) wide.

(2) Each bedroom shall have adequate space
to provide a maneuvering space that complies
with 4.2.3. In rooms with 2 beds, it Is prefer-
able that this space be located between beds.

(3) Each bedroom shall have adequate
sp>ace to provide a minimum clear floor space
of 36 In (915 mm) along each side of the bed
amd to provide an accessible route complying
with 4.3.3 to each side of each bed.

6.4 Patient Toilet Rooms, where toilet/
bath rooms are provided as a part of a patient
bedroom, each patient bedroom that is required
to be accessible shall have an accessible toilet/
bath room that complies with 4.22 or 4.23 and
shall be on an accessible route.

BUSINESS AND
MERCANTILE.

7. 1 General, in addition to the requirements
of 4. 1 to 4.35, the design of all areas used for
business transactions with the public shall
comply with 7.

7.2 Sales and Service Counters.
Teller ^l^ndows. Information
Counters.

(1) In department stores and miscellaneous
retail stores where counters have cash registers
and are provided for sales or distribution of
goods or services to the public, at least one of
each type shall have a portion of the counter
which is at least 36 in (9 15 mm) in length with
a maximum height of 36 In (915 mm) above the
finish floor. It shall be on an accessible route
complying with 4.3. The accessible counters
must be dlsp>ersed throughout the building or
facility. Irr alterations where It Is technically
Infeaslble to provide em accessible counter, an
auxiliary counter meeting these requirements
may be provided.

(2) At ticketing counters, teller stations in
a bank, registration counters In hotels and
motels, box office ticket counters, and other
counters that may not have a cash register
but at which goods or services are sold or
distributed, either

(I) a portion of the main counter which
Is a minimum of 36 in (915 mm) in length
shall be provided with a maximum height of
36 in (915 mm); or

(II) an auxiliary counter with a maximum
height of 36 in (915 mm) in close proximity to
the main counter shall be provided; or

(Ui) equivalent facilitation shall be pro-
vided (e.g., at a hotel registration counter,
equivalent facilitation might consist of:
( 1) provision of a folding shelf attached to the
main counter on which an individual with
disabilities can write, and (2) use of the space
on the side of the counter or at the concierge
desk, for handing materials back and forth).

All accessible sales and service coun-
ters shall be on an accessible route complying
with 4.3.

(3)* Assistive Listening Devices. (Reserved)

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45705

8.0 Libraries

7.3* Check-out Aisles.

(1) In new construction, accessible check-out
aisles shall be provided in conformance with
the table below:

Total Check-out Mtntmum Number

Aides of of Accessible

Each Design Check-out Aisles

(of each design)

1-4

5-8

8 - 15

over 15

3. plus 20% of

addlUonaJ aisles

EXCEPTION; In new construction, where the
selling space Is under 5000 square feet, only
one check-out aisle Is required to be accessible.

EXCEPTION: In alterations, at least one check-
out aisle shall be accessible In facilities under
5000 square feet of selling space. In facilities
of 5000 or more square feet of selling space,
at least one of each design of check-out aisle
shall be made accessible when altered until
the number of accessible check out aisles of
each design equals the number required in
new construction.

Ejcamples of check-out aisles of different
"design" Include those which are specifically
designed to serve different functions. DtfTerent
"design" Includes but Is not limited to the
following features - length of belt or no belt: or
permanent signage designating the aisle as an
express lane.

(2) Clear aisle width for accessible check-out
aisles shall comply with 4.2. 1 and maximum
adjoining counter height shall not exceed 38 in
(965 mm) above the finish floor. The top of the
lip shall not exceed 40 In ( 1015 mm) above the
finish floor.

(3) Signage identifying accessible check-out
aisles shall comply with 4.30.7 and shall be
mounted above the check-out aisle in the same
location where the check-out number or type of
check-out Is displayed.

7.4 Security Bollards. Any device used
to prevent the removal of shopping carts from
store premises shall not prevent access or
egress to people In wheelchairs. An alternate

entry that Is equally convenient to that
provided for the ambulatory population is
acceptable.

8. LIBRARIES.

8. 1 General, in addlUon to the require-
ments of 4. 1 to 4.35, the design of all public
areas of a library shall comply with 8, Lnclud-
tng reading and study areas, stacks, reference
rooms, reserve areas, and special facilities or
collections.

8.2 Reading and Study Areas. At least
5 percent or a minimum of one of each element
of fixed seating, tables, or study carrels shall
comply with 4.2 and 4.32. Clearances between
fixed accessible tables and between study
carrels shall comply with 4.3.

8.3 Check-Out Areas. At least one lane at
each check-out area shall comply with 7.2(1).
Any traffic control or book security gates or
tumsUles shall comply with 4.13.

8.4 Card Catalogs and Magazine
Displays. Minimum clear aisle space at
card catalogs and magazine displays shall
comply with Fig. 55. Maximum reach height
shall comply with 4.2, with a height of 48 in
(1220 mm) preferred irrespective of approach
allowed.

8.5 Stacks. Minimum clear aisle width
between stacks shaU comply with 4.3, with a \
minimum clear aisle width of 42 In (1065 mm)
preferred where possible. Shelf height In stack
areas is unrestricted (see Fig. 56).

45706 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

0.0 Accessible Transient Lodging

Fig. 55
Card Catalog

ACCESSIBLE TRANSIENT
LODGING.

(1) E:xcept as specified In the special techni-
cal provisions of this section, accessible tran-
sient lodging shall comply with the applicable
requirements of 4.1 through 4.35. Transient
lodging Includes facilities or portions thereof
used for sleeping accommodations, when not
classed as a medical care facility.

9.1 Hotels. Motels, Inns. Boarding
Houses^ Dormitories. Resorts and
Other Similar Places of Transient
Lodging.

9.1.1 General. All public use and common
use areas are required to be designed and
constructed to comply with section 4
(Accessible Elements and Spaces: Scope
and Technical Requirements).

EXCEPTION: Sections 9.1 through 9.4 do
not apply to an establishment located within
a building that contains not more than five
rooms for rent or hire and that is actually
occupied by the proprletof of such establish-
ment as the residence of such proprietor.

9.1.2 Accessible Units. Sleeping Rooms,
and Suites. Accessible sleeping rooms or
suites that comply with the requirements of

9.2 (Requirements for Accessible Units. Sleep-
ing Rooms, and Suites) shall be provided in
conformance with the table below. In addi-
tion. In hotels, of 50 or more sleeping rooms
or suites, additional accessible sleeping rooms
or suites that Include a roll-ln shower shall
also be provided In conformance with the table
below. Such accommodations shall comply
with the requirements of 9.2. 4.21. and Figure
57(a) or (b).

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

45707

9.1.3 Sleeping Accommodations for Persona with Hearing Impairments

27 max

685

* 1

- n-nm

S : :::-2

<x>

;

it'----

: 1

;
:

i__lav__,

c
. E

16 min «'5

330 t

'a-
eg

c
E

/ \ Drain

c
E

/ \
/ \

(b)

Fig. 57
Roll-in Shower with Folding Seat

Number of

AcccMible

Rooms with

Rooms

Roll-in Showers

1 to

26 to

51 to

76 to

100

101 to

150

151 to

200

201 to

300

301 to

400

401 to

500

9 4

plus one for each

additional 100

over 400

501 to

1000

2% of total

1001 and

over

20 plus 1 for
each 100
over 1000

9.1.3 Sleeping Accommodations for
Persons with Hearing Impairments.

In addition to those accessible sleeping rooms
and suites required by 9. 1.2. sleeping rooms

and suites that comply with 9.3 (Visual Alarms.
Notification Devices, and Telephones) shall be
provided in conformance with the following
table:

Number of

Accessible

Elements

1 to 25

26 to 50

51 to 75

76 to 100

101 to 150

151 to 200

201 to 300

301 to 400

401 to 500

501 to 1000

2% of total

1001 and over

20 plus 1 for

each 100 over 1000

45708 Federal Register / Vol. 56. No. 173 / Friday. September 6. 1991 / Rules and Regulations

9.2 Requirements for Accessible Units. Sleeping Rooms and Suites

9.1.4 Classes of Sleeping
Acconmiodatlons.

(1) In order to provide persons with dis-
abilities a range of options equivalent to those
available to other persons served by the facility,
sleeping rooms and suites required to be acx;es-
siblc by 9. 1.2 shall be disp)ersed among the
various classes of sleeping accommodations
available to patrons of the place of transient
lodging. Factors to be considered include room
size, cost, amenities provided, and the number
oi beds provided.

(2) Ekjulvalent Facilitation. For purposes
of this section, it shall be deemed equivalent
facilitation if the operator of a facility elects to
limit construction of accessible rooms to those
intended for multiple occupancy, provided that
such rooms are made available at the cost of

a slngle-occujiancy room to an Individual with
disabilities who requests a single-occupancy
room.

9.1.5. Alterations to Accessible Units,
Sleeping Rooms, and Suites, when sleep-
ing rooms are being ciltered in an existing
facility, or portion thereof, subject to the
requirements of this section, at least one
sleeping room or suite that complies with the
requirements of 9.2 (Requirements for Acces-
sible Units. Sleeping Rooms, and Suites) shall
be provided for each 25 sleeping rooms, or
fraction thereof, of rooms being cdtered until
the number of such rooms provided equcds the
number required to be accessible with 9.1.2.
In addition, at least one sleeping room or suite
that complies with the requirements of 9.3
fVisual Alarms. Notification Devices, and
Telephones) shall be provided for each 25
sleeping rooms, or fraction thereof, of rooms
being altered until the number of such rooms
equals the number required to be accessible
by 9. 1.3.

9.2 Requirements for Accessible Units.
Sleeping Rooms and Suites.

9.2.1 General. Units, sleeping rooms, and
suites required to t>e accessible by 9. 1 shall
comply with 9.2.

9.2.2 Minimum Requirements. An acces-
sible unit, sleeping room or suite shall be on an

accessible route complying with 4.3 and have
the following accessible elements emd spaces.

(1) Accessible sleeping rooms shall have a
36 in (9 1 5 mm) clear width maneuvering
space located along both sides of a bed. except
that where two beds are provided, this require-
ment can be met by providing a 36 in (915 mm)
wide maneuvering space located between the
two beds.

(2) An accessible route complying with 4.3
shall cormect all accessible spaces «uid ele-
ments, including telephones, within the unit.
sleeping room, or suite. This is not intended to
require an elevator in multi-story units as long
as the spaces identified in 9.2.2(6) and (7) are
on accessible levels and the accessible sleeping
area Is suitable for dujil occupancy.

(3) Doors and doorways designed to allow
passage Into and within eill sleeping rooms,
suites or other covered units shcdl comply
with 4.13.

(4) If fixed or built-in storage facilities such
as cabinets, shelves, closets, and drawers are
provided in accessible spaces, at least one of
each type provided shall contain storage space
complying with 4.25. Additional storage may
be provided outside of the dimensions required
by 4.25.

(5) All controls in accessible units, sleeping
rooms, and suites shall comply with 4.27.

(6) Where provided as part of an accessible
unit, sleeping room, or suite, the following
spaces shall be accessible and shall be on am
accessible route:

(a) the living area.

(b) the dining area.

(d) patios, terraces, or balconies.

EXCEPTION: The requirements of 4. 13.8
and 4.3.8 do not apply where it is necessary to
utilize a higher door threshold or a change in
level to protect the integrity of the unit from
wind/water damage. Where this exception
results in paUos. terraces or balconies that are
not at an accessible level, equivalent facilitation

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45709

9.3 Visual Alarms, Notification Devices and Telephones

shall be provided. (E.g., equivalent facilitation
at a hotel patio or balcony might consist of
providing raised decking or a ramp to provide
accessibility.)

(e) at least one full bathroom (I.e.. one
with a water closet, a lavatory, and a bathtub
or shower).

(f) If only half baths are provided, at least
one half bath.

(g) carports, garages or parking spaces.

(7) Kitchens. Kitchenettes, or Wet Bars.
When provided as accessory to a sleeping room
or suite, kitchens, kitchenettes, wet bars, or
similar amenities shall be accessible. Clear
floor space for a front or parallel approach to
cabinets, counters, sinks, and appliances shall
be provided to comply with 4 2 4. Countertops
and sinks shall be mounted at a maximum
height of 34 in (865 mm) above the floor. At
least fifty percent of shelf space In cabinets or
refrigerator/freezers shall be within the reach
ranges of 4.2.5 or 4.2.6 and space shall be
designed to allow for the operation of cabinet
and/or appliance doors so that all cabinets
and appliances are accessible and usable.
Controls and operating mechanisms shall
comply with 4.27.

(8) Sleeping room accommodations for
persons with hearing Impairments required by
9. 1 and complying with 9.3 shall be provided
in the accessible sleeping room or suite.

9.3 Visual Alarms, Notification
Devices and Telephones.

9.3.1 General. In sleeping rooms required
to comply with this section, auxiliary visual
alarms shall be provided and shall comply with
4.28.4. Visual notification devices shall also be
provided In units, sleeping rooms and suites to
alert room occupants of incoming telephone
calls and a door knock or bell. Notification
devices shall ad be connected to auxiliary
visual alarm signal appliances. Permanently
Installed telephones shall have volume controls
complying with 4.31.5; an accessible electrical
outlet within 4 ft (1220 mm) of a telephone
connection shall be provided to facilitate the
use of a text telephone.

9.3.2 E:quivalent Facilitation. For pur-
poses of this section, equivalent facilitation
shall Include the installation of electrical
outlets (Including outlets connected to a
faculty's central alarm system) and telephone
wiring In sleeping rooms and suites to enable
persons with hecUing Impairments to utilize
portable visual alarms and communication
devices provided by the operator of the facility.

9.4 Other Sleeping Rooms and
Suites. Doors and doorways designed to allow
passage into and within all sleeping units or
other covered units shall comply with 4. 13.5.

9.5 Transient Lodging in Homeless
Shelters. Halfway Houses. Transient
Group Homes, and Other Social
Service Establishments.

9.5.1 New Construction. In new construc-
tion all public use and common use areas are
required to be designed and constructed to
comply with section 4. AL least one of each type
of amenity (such as washers, dryers and simi-
lar equipment Installed for the use of occu-
pants) in each common area shall be accessible
and shall be located on an accessible route to
any accessible unit or sleeping accommodation.

EXCEPTION: Where elevators are not provided
as allowed in 4 1.3(5), accessible amenities are
not required on Inaccessible floors as long as
one of each type Is provided In common areas
on accessible floors.

9.5.2 Alterations.

( 1) Social service establishments which are
not homeless shelters:

(a) The provisions of 9.5.3 and 9.1.5 shall
apply to sleeping rooms and beds.

(b) Alteration of other areas shall be con-
sistent with the new construction provisions
of 9.5.1.

(2) Homeless shelters. If the following ele-
ments are altered, the following requirements
apply:

45710 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

10.0 Transportation Facilities

(a) at least one public entrance shall allow a
person with mobility Impairments to approach,
enter and exit including a minimum clear door
width of 32 in (815 mm).

(b) sleeping space for homeless persons as
provided tn the scopLng provisions of 9. 1 .2
shall Include doors to the sleeping area with a
minimum clear width of 32 In (8 1 5 mm) and
maneuvering space around the beds for per-
sons with mobility Impairments complying
with 9.2.2(1).

(c) at least one toilet room for each gender
or one unisex toilet room shall have a mini-
mum clear door width of 32 in (815 mm),
minimum turning space complying with 4.2.3,
one water closet complying with 4. 16, one
lavatory complying with 4. 19 and the door shall
have a privacy latch: and, if provided, at least
one tub or shower shall comply with 4.20 or
4.21, respectively.

(d) at least one common area which a
person with mobility Impairments can
approach, enter and exit Including a mini-
mum clear door width of 32 In (815 mm).

(e) at least one route connecting elements
(a), fb), (c) and (d) which a person with mobility
Impairments can use including minimum clear
width of 36 In (915 mm). pa.sslng space com-
plying with 4.3.4, turning space complying with
4.2.3 and changes In levels complying wiih
4.3.8.

(0 homeless shelters can comply with the
provisions of (a) -(e) by providing the above
elements on one accessible floor.

9.5.3. Accessible Sleeping
Accoininodations in New Construction.

Accessible sleeping rooms shall be provided Ln
conformance with the table in 9.1.2 and shall
comply with 9.2 Accessible Units, Sleeping
Rooms and Suites (where the items are pro-
vided). Additional sleeping rooms that comply
with 9.3 Sleeping Accommodations for Persons
with Hearing Impairments shall be provided in
conformance with the table provided in 9.1.3.

In facilities with multi-bed rooms or spaces.
a percentage of the beds equal to the table
provided in 9.1.2 shall comply with 9.2.2(1).

10.

TRANSPORTATION
FACILmES.

10.1 General. Every station, bus stop, bus
stop pad. terminal, building or other transpor-
tation facility, shall comply with the applicable
provisions of 4. 1 through 4.35. sections 5
through 9. and the applicable provisions of
this section. The exceptions for elevators In
4.1.3(5). exception 1 and 4. 1.6(I)(k) do not
apply to a terminal, depot, or other station
used for specified public transportation, or an
airport passenger terminal, or facilities subject
to Title II.

10.2 Bus Stops and Terminals.
10.2.1 New Construction.

(1) Wliere new bus stop pads are constructed
at bus stops, bays or other areas where a lift or
ramp is to be deployed, they shall have a firm,
stable surface; a minimum clear length of

96 inches (measured from the curb or vehicle
roadway edge) and a minimum clear width
of 60 inches (measured parallel to the vehicle
roadway) to the maximum extent allowed by
legal or site constraints: and shall be connected
to streets, sidewalks or pedestrian paths by an
accessible route complying with 4.3 and 4.4.
The slope of the pad parallel to the roadway
shall, to the extent practicable, be the same as
the roadway. For water drainage, a maximum
slope of 1:50 (2%) perpendicular to the roadway
is allowed.

(2) Wliere provided, new or replaced bus
shelters shall be installed or positioned so as
to permit a wheelchair or mobility aid user to
enter from the public way and to reach a
location, having a minimum clear floor area
of 30 inches by 48 inches, entirely within the
perimeter of the shelter. Such shelters shall
be connected by an accessible route to the
boarding area provided under paragraph (1)
of this section.

(3) Where provided, all new bus route
identification signs shall comply with 4.30.5.
In addition, to the maximum extent practi-
cable, all new bus route Identification signs
shall comply with 4.30.2 and 4.30.3. Signs

Federal Register / Vol. 56. No. 173 / Friday. September 6. 1991 / Rules and Regulations

10.3 Fixed Faculties and Stations

45711

that are sized to the maximum dimensions
permitted under legitimate local, state or
federal regulations or ordinances shall be
considered in compliance with 4.30.2 and
4.30.3 for purposes of this section.

EXCEPTION: Bus schedules, timetables,
or maps that are posted at the bus stop
or bus bay are not required to comply with
this provision.

10.2.2 Bus Stop Siting and Alterations.

(1) Bus stop sites shall be chosen such that,
to the maximum extent practicable, the areas
where lifts or ramps are to be deployed comply
with secUon 10.2.1(1) and (2).

(2) When new bus route Identification signs
are Installed or old signs are replaced, they
shall comply with the requirements of
10.2.1(3).

10.3 Fixed Facilities and Stations.

10.3.1 New Construction. New stations in
rapid rail, light rail, commuter rail. Intercity
bus. Intercity rail, high speed rail, and other
fixed guldeway systems (e.g.. automated
guldeway transit, monorails, etc.) shall comply
with the following provisions, as applicable:

(1) Elements such as ramps, elevators or
other circulation devices, fare vending or other
ticketing areas, and fare collection areas shall
be placed to minimize the distance which
wheelchair users and other persons who
carmot negotiate steps may have to travel
compared to the general public. The circula-
tion path, including an accessible entrance and
an accessible route, for persons with disabili-
ties shall, to the maximum extent practicable,
coincide with the circulation path for the
general public. Where the circulation path Is
different, signage complying with 4.30. 1 ,
4.30.2, 4.30.3, 4.30.5, and 4.30.7(1) shall be
provided to Indicate direction to and Identity
the accessible entrance and accessible route.

(2) In lieu of compliance with 4. 1.3(8), at
least one entrance to each station shall comply
with 4. 14. Entrances. If different entrances to
a station serve different transportation fixed
routes or groups of fixed routes, at least one
entrance serving each group or route shall

comply with 4.14, Entrances. All accessible
entrances shall, to the maximum extent
practicable, coincide with those used by the
majority of the general public.

(3) Direct connections to commercial, retail,
or residential facilities shall have an accessible
route complying with 4.3 from the fKJlnt of
connection to boarding platforms and all
transportation system elements used by the
public. Any elements provided to facilitate
future direct connections shall be on an
accessible route connecting boarding platforms
and all transportation system elements used
by the public.

(4) Where signs are provided at entrances to
stations identifying the station or the entrance,
or both, at least one sign at each entrance
shall comply with 4.30.4 and 4.30.6. Such
signs shall be placed in uniform locations at
entrances within the transit system to the
maximum extent practicable.

EXCEPTION: Where the station has no
defined entrance, but signage Is provided,
then the accessible signage shall be placed
In a central location.

(5) Stations covered by this section shall
have Identification signs complying with 4.30. 1,
4.30.2. 4.30.3, and 4.30.5. Signs shall be
placed at frequent intervals and shall be clearly
visible from within the vehicle on both sides
when not obstructed by another train. When
station identification signs are placed close to
vehicle windows (i.e., on the side opposite from
boarding) each shall have the top of the highest
letter or symbol below the top of the vehicle
window and the bottom of the lowest letter or
symbol above the horizontal mid-line of the
vehicle window.

(6) Lists of stations, routes, or destinations
served by the station and located on boarding
areas, platforms, or mezzanines shall comply
with 4.30. 1, 4.30.2. 4.30.3. and 4.30.5. A
minimum of one sign Identifying the sp>eclfic
staUon and complying with 4.30.4 and 4.30.6
shall be provided on each platform or boarding
area. All signs referenced In this paragraph
shall, to the maximum extent practicable.

be placed In uniform locations within the
transit system.

45712 Federal Register / Vol. 56, No. 173 / Friday. September 6, 1991 / Rules and Regulations

10.3 Fixed Facilities and Stations

(7)* Automatic fare vending, collection and
adjustment (e.g.. add-fare) systems shall
comply with 4.34.2. 4.34.3. and 4.34.4.
At each accessible entrance such devices
shall be located on an accessible route.
If self-service fare collection devices are
provided for the use of the general public,
at least one accessible device for entering,
and at least one for exiting, unless one device
serves both functions, shall be provided at
each accessible point of entry or exit. Acces-
sible fare collection devices shall have a mini-
mum clear opening width of 32 Inches: shall
permit passage of a wheelchair; and. where
provided, coin or card slots and controls
necessary for operation shall comply with 4.27.
Gates which must be pushed open by wheel-
chair or mobility aid users shall have a smooth
continuous surface extending from 2 Inches
above the floor to 27 Inches above the floor and
shall comply with 4. 13. Where the circulation
path does not coincide with that used by the
general public, accessible fare collection sys-
tems shall be located at or adjacent to the
accessible point of entry or exit.

(8) Platform edges bordering a drop-off and
not protected by platform screens or guard
rails shall have a detectable warning. Such
detectable warnings shall comply with 4.29.2
and shall be 24 Inches wide running the full
length of the platform drop-off.

(S) In stations covered by this section,
rall-to-platform height In new stations shall
be coordinated with the floor height of new
vehicles so that the vertical difference, mea-
sured when the vehicle Is at rest. Is within
plus or minus 5/8 inch under normal passen-
ger load conditions. For rapid rail, light rail,
commuter rail, high speed rail, and intercity
rail systems in new stations, the horizontal
gap. measured when the new vehicle Is at rest,
shall be no greater than 3 Inches. For slow
moving automated guldeway "people mover"
transit systems, the horizontal gap In new
stations shall be no greater than 1 inch.

EXCEPTION 1: Existing vehicles operating
in new stations may have a vertical dilTerence
with respect to the new platform within plus or
minus 1-1/2 Inches.

EXCEPTION 2: In light rail, commuter rail and
Intercity rail systems where it is not operation-

ally or structurally feasible to meet the
horizontal gap or vertical difference require-
ments, mlnl-hlgh platforms, car-borne or
platform-mounted lifts, ramps or bridge plates,
or similar manually deployed devices, meeting
the applicable requirements of 36 CFR part
1 192. or 49 CFR part 38 shaU sufTlce.

( 10) Stations shall not be designed or
constructed so as to require persons with
disabilities to board or alight from a vehicle
at a location other than one used by the
general public.

(11) Illumination levels in the areas where
signage Is located shall be uniform and shall
minimize glare on signs. Lighting along circu-
lation routes shall be of a type and configura-
tion to provide uniform Illumination.

( 12) Text Telephones: The following shall
be provided In accordance with 4.31.9:

(a) If an Interior public pay telephone Is
provided in a transit facility (as defined by the
Department of Transportation) at least one
interior public text telephone shall be provided
in the station.

(b) Where four or more public pay tele-
phones serve a particular entrance to a rail
station and at least one is in an interior loca-
tion, at least one interior public text telephone
shall be provided to serve that entrance. Com-
pliance with this section constitutes compli-
ance with section 4. 1.3(17)(c).

(13) Where it is necessary to cross tracks

to reach boarding platforms, the route surface
shall be level and flush with the rail top at the
outer edge and between the rails, except for a
maximum 2- 1 /2 Inch gap on the Inner edge
of each rail to permit passage of wheel flanges.
Such crossings shall comply with 4.29.5.
Where gap reduction Is not practicable, an
above-grade or below-grade accessible route
shall be provided.

(14) Where public address systems are
provided to convey information to the public
In terminals, stations, or other fixed facilities,
a means of conveying the same or equivalent
Information to persons with hearing loss or
who are deaf shall be provided.

Federal Register / Vol. 56, No. 173 / Friday. September 6. 1991 / Rules and Regulations 45713

10.3.2 Existing FacUitles: Key SUtions.

(15) Where clocks are provided for use by
the general public, the clock face shall be
uncluttered so that Its elements are clearly
visible. Hands, numerals, and/or digits shall
contrast with the background either light-on-
dark or dark-on-light. Where clocks are
mounted overhead, numerals and/or digits
shall comply with 4.30.3. Clocks shall be
placed in uniform locations throughout the
facility and system to the maximum extent
practicable.

(16) Where provided in below grade stations,
escalators shall have a minimum clear width
of 32 inches. At the top and bottom of each
escalator run, at least two contiguous treads
shall be level beyond the comb plate before the
risers begin to form. All escalator treads shall
be marked by a strip of clearly contrasting
color. 2 Inches in width, placed parallel to and
on the nose of each step. The strip shall be of
a material that is at least as slip resistant as
the remainder of the tread. The edge of the
tread shall be apparent from both ascending
and descending directions.

(17) Where provided, elevators shall be
glazed or have transparent panels to allow
an unobstructed view both in to and out of
the car. Elevators shall comply with 4. 10.

EXCEPTION: Elevator cars with a clear floor
area in which a 60 inch diameter circle can be
inscribed may be substituted for the minimum
car dimensions of 4. 10. Fig. 22.

(18) Where provided, ticketing areas shall
permit persons with disabilities to obtain

a ticket and check baggage and shall
comply with 7.2.

( 19) Where provided, baggage check-in and
retrieval systems shall be on an accessible
route complying with 4.3, and shall have space
immediately adjacent complying with 4.2. If
unattended security barriers are provided, at
least one gate shall comply with 4.13. Gates
which must be pushed open by wheelchair or
mobility aid users shall have a smooth continu-
ous surface extending from 2 inches above the
floor to 27 inches above the floor.

10.3.2 Existing FaciliUes: Key Stations.

(1) Rapid, light and commuter rail key
stations, as defined under criteria established
by the Departm.ent of Transportation In
subpart C of 49 CFR part 37 and existing
Intercity rail stations shall provide at least
one accessible route from an accessible
entrance to those areas necessary for use

of the transportation system.

(2) The accessible route required by 10.3.2(1)
shall include the features specified in 10.3.1
(1), (4)-(9). (ll)-(15).and(17)-(19).

(3) Where technical Infeasiblllty in existing
stations requires the accessible route to lead
from the public way to a paid area of the
transit system, an accessible fare collection
system, complying with 10.3. 1(7), shall be
provided along such accessible route.

(4) In light rail, rapid rail and commuter
rail key stations, the platform or a portion
thereof and the vehicle floor shall be coordi-
nated so that the vertical dKTerence, measured
when the vehicle is at rest, within plus or
minus 1-1/2 Inches under all normal passen-
ger load conditions, and the horizontal gap.
measured when the vehicle is at rest. Is no
greater than 3 Inches for at least one door of
each vehicle or car required to be accessible by
49 CFR part 37

EXCEPnON 1 : Existing vehicles retrofitted to
meet the requirements of 49 CFR 37.93 (one-
car-per-train rule) shall be coordinated with
the platform such that, for at least one door,
the vertical difference between the vehicle floor
and the platform, measured when the vehicle
Is at rest with 50% normal passenger capacity,
is within plus or minus 2 Inches and the
horizontal gap is no greater than 4 Inches.

EXCEPTION 2: Where It Is not structurally
or operationally feasible to meet the horizontal
gap or vertical difference requirements, mlnl-
hlgh platforms, car-borne or platform mounted
lifts, ramps or bridge plates, or similar manu-
ally deployed devices, meeting the applicable
requirements of 36 CFR Part 1 192 shall suffice.

45714 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

10.4 Airports

(5) New direct connections to commercial,
retail, or residential facilities shall, to the
maximum extent feasible, have an accessible
route complying with 4.3 from the point of
connection to boarding platforms and ail
transportation system elements used by the
public. Any elements provided to facilitate
future direct connections shall be on an
accessible route connecting boarding platforms
and all transportation system elements used
by the public.

10.3.3 Existing Facilities: Alterations.

(1) For the purpose of complying with
4.1.6(2) Alterations to an Area Containing
a Primary Function, an area of primary
function shall be as defined by applicable
provisions of 49 CFR 37.43(c) (Department
of Transportation's ADA Rule) or 28 CFR
36.403 (Department of Justice's ADA Rule).

10.4. Airports.

10.4.1 New Construction.

(1) Elements such as ramps, elevators or
other vertical circulation devices, ticketing
areas, security checkpoints, or passenger
waiting areas shall be placed to minimize the
distance which wheelchair users and other
persons who cannot negotiate steps may have
to travel compared to the general public.

(2) The circulation path, including an
accessible entrance and an accessible route,
for persons with disabilities shall, to the
maximum extent practicable, coincide with
the circulation path for the general public.
Where the cLiculallon path is different,
directional signage complying with 4.30. 1.
4.30.2. 4.30.3 and 4.30.5 shall be provided
which Indicates the location of the nearest
accessible entrance and its accessible route.

(3) Ticketing areas shall permit persons
with disabilities to obtain a ticket and check
baggage and shall comply with 7.2.

(4) Where public pay telephones are pro-
vided, and at least one is at an interior loca-
tion, a public text telephone shall be provided
incompliance with 4.31.9. Additionally. If
four or more public pay telephones are located

in any of the following locations, at least one
public text telephone shall also be provided In
that location:

(a) a mam terminal outside the
security areas;

(b) a concourse within the security
areas; or

Compliance with this section constitutes
compliance with section 4. 1 .3(17)(c).

(5) Baggage check-in and retrieval systems
shall be on an accessible route complying with
4.3, and shall have space immediately adjacent
complying with 4.2.4. If unattended security
barriers are provided, at least one gate shall
comply with 4. 13. Gates which must be pushed
open by wheelchair or mobility aid users shall
have a smooth continuous surface extending
from 2 inches above the (loor to 27 Inches
above the floor.

(6) Terminal information systems which
broadcast information to the general public
through a public address system shall provide
a means to provide the same or equivalent
information to persons with a hearing loss or
who are deaf. Such methods may Include, but
are not limited to, visual paging systems using
video monitors and computer technology. For
persons with certain U-pes of hearing loss such
methods may include, but are not limited to,
an assistive listening system complying with
4.33.7.

(7) Where clocks are provided for use by the
general public the clock face shall be unclut-
tered so that its elements are clearly visible.
Hands, numerals, and/or digits shall contrast
with their background either light-on-dark or
dark-on-light. Where clocks are mounted
overhead, pumerals and/or digits shall comply
with 4.30.3. Clocks shall be placed In uniform
locations throughout the facility to the maxi-
mum extent practicable.

(8) Security Systems. [Reserved]

10.5 Boat and Ferry Docks.

[Reserved]

Federal Register / Vol. 56. No. 173 / Friday. September 6. 1991 / Rules and Regulations 45715

^pendiz

APPENDIX

This appendix contains materials of an advi
sory nature and provides additional Information
that should help the reader to understand the
minimum requirements of the guidelines or to
design buildings or facilities for greater accessi-
bility. The paragraph numbers correspond to
the sections or paragraphs of the guideline to
which the material relates and are therefore
not consecutive (for example, A4.2. 1 contains
additional information relevant to 4.2.1). Sec-
tions of the guidelines for which additional
material appears In this appendix have been
Indicated by an asterisk. Nothing in this appen
dix shall in any way obviate any obligation to
comply with the requirements of the guidelines
itself

A2.2 Equivalent Facilitation. Specific
examples of equivalent facilitation are found in
the following sections:

4.1.6l3)(c)

4.31.9

7.2

9.1.4

9.2.2(6)(dJ

Elevators in Alterations
Text Telephones
Sales and Service
Counters. Teller Windows.
Information Counters
Classes of Sleeping
Accommodations
Requirements for Accessible
Units. Sleeping Rooms, and
Suites

A4.1.1 Application.

A4. 1.1(3) Areas Used Only by Employees
as Work Areas. Where there are a series of
Irvdtvidual work stations of the same type (e.g.,
laboratories, service counters, ticket booths).
5%, but not less than one, of each type of work
station should be constnicted so that an indi
vidua! with disabiltties can maneuver within
the work stations. Rooms housing individual
offices in a typical office building must meet the
requirements of the guidelines concerning doors,
accessible routes, etc. but do not need to cdlow
for maneuvering space awund individual desks.
Modifications required to permit maneuvering
within the work area may be accomplished as
a reasonable accommodation to individual
employees with disabilities under Title I of the
ADA. Consideration should also be given to
placing shelves in employee work areas at a

convenient height for accessibility or installing
commercially available shelving that (s adjust
able so that reasonable accommodations can
be made in the future.

If work stations are made accessible they
should comply with the applicable provisions
of 4.2 through 4.35.

A4.1.2 Accessible Sites and Exterior
Facilities: New Construction.

A4.1.2(5Xe) Valet Parking. Valet parking is
not always usable by individuals with disabili-
ties. For instance, an individual may use a type
of vehicle controls that render the regular con-
trols inoperable or the driver's seat tn a van may
be removed. In these situations, another person
cannot park the vehicle. It Is recommended that
some self-parking spaces be provided at valet
parking facilities for individuals whose vehicles
cannot be parked by another person and that
such spaces be located on an accessible route
to the entrance ofthefacUtty.

A4.1.3 Accessible Buildings: New
Construction.

A4. 1 .3(5) OrUyfuU passenger elevators are
covered by the accessibility provisions of 4.10.
Materials and equipment hoists, freight eleva-
tors not intended for passenger use. dumbwait
ers. and construction elevators are not covered
by these guidelines. If a building is exempt from
the elevator requirement it is not necessary to
provide a platform lift or other means of vertical
access in lieu of an elevator.

Under Exception 4. platform lifts are allowed
where existing conditions make U impractical
to install a ramp or elevator. Such conditions
generally occur where it is essential to provide
access to small raised or lowered areas where
space may not be available for a ramp. Ex-
amples include, but are not Umited to, raised
pharmacy platforms, commercial offices raised
above a sales floor, or radio and news booths.

A4. 1 .3(9) Supervised automatic sprinkler
systems have buUt in signals for monitoring
features of the system such as the opening and
closing of water control valves, the power sup-
plies for needed pumps, water tank levels, and
for indicating conditions that wUl Impair the
satisfactory operation of the sprinkler system.

45716 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

A4.2 Space Allowances and Reach Ranges

Because of these monitoring features, super-
vised automatic sprinkler systems have a high
level of satisfactory performance and response
to fire conditions.

A4. 1 .3(1 0) If an odd number of drinking
fountains is provided on a floor, the requirement
in 4.1.3(l0)(b) may he met by rounding down
the odd number to an even number and calcu
laltng 50% of the even number. When more than
one drinking fountain on a floor ts required to
comply with 4. 15. those fountains should be
dispersed to allow wheelchair users convenient
access. For example, in a large facility such as
a convention center that has water fountains at
several locations on afloor. the accessible water
fountains should be located so that wheelchair
users do not have to travel a greater distance
than other people to use a drinking fountain.

A4. 1.3(1 7Xb) In addaion to the requirements of
section 4.1.3(1 7)(b). the Installation of additional
volume controls is encouraged. Volume controls
may be installed on any telephone.

A4.1.3(19MaJ Readily removable or folding
seating units may be instoRed in lieu of provid-
ing an open space for wheelchair users. Folding
seating units are usually two fixed seats that
can be easily folded into a fixed center bar to
allow for one or two open spaces for wheelchair
users when necessary. These units are more
easily adapted than removable seats which
generally require the seat to be removed in
advance by the facility management

Either a sign or a marker placed on seating with
removable or folding arm rests is required by
this sectiort Consideratkxi should be given for
ensuring identification of such seats in a dark
ened theater. For example, a marker which
contrasts (light on dark or dark on light) and
which also reflects light could be placed on the
side of such seating so as to be visible in a
lighted auditorium and also to reflect light from
aflashlighL

A4.1.6 Accessible Buildings:
Alterations.

A4.1.6(l)(h) When an entrance is being
altered, it is preferable that those entrances
being altered be made accessible to the extent
feasible.

A4.2 Space Allowances and Reach
Ranges^

A4.2.1 Wheelchair Passage Width.

(1) Space Requirements for Wheelchairs.
Many persons who use wheelchairs need a
30 In (760 mm) clear opening width for door-
ways, gates, and the like, when the latter are
entered head-on. If the person Is unfcimlllar
with a building. If competing trcdTlc Is heavy.
If sudden or frequent movements are needed,
or Lf the wheelchair must be turned at an
opening, then greater clear widths are needed.
For most situations, the addition of an Inch of
leeway on either side Is sufllcient. Thus, a
minimum clear width of 32 In (8 15 mm) will
provide adequate clearance. However, when
an opening or a restriction In a passageway Is
more than 24 in (610 mm) long. It Is essentially
a passageway and must be at least 36 in

(915 mm) wide.

(2) Space Requirements for Use of Walking
Aids. Although people who use walking aids
can maneuver through clear width openings
of 32 in (8 1 5 mm) . they need 36 In (9 1 5 mm)
wide passageways and walks for comfortable
gaits. Crutch tips, often extending down at a
wide angle, are a hazard In narrow passage-
ways where they might not be seen by other
pedestrians. Thus, the 36 In (915 mm) width
provides a safety allowance both for the person
with a disability and for others.

(3) Space Requirements for Passing. Able-
bodied persons Ln winter clothing, walking

COS

Fig.Al

Minimum Passage Width for One Wheelchair

and One Ambulatory Person

Federal Register / Vol. 56. No. 173 / Friday. September 6. 1991 / Rules and Regulations 45717

A4.2 Space Allowance* and Reach Ranges

I 78 mm

1965

Fig.A2
Space Needed for Smooth U-Tum in a Wheelchair

V' 1065 i 1*0*

NOTE: Footrests may extend further for tall people

ng.A3
Dimensions of Adult- Sized Wheelchairs

straight ahead with arms swinging, need
32 In (815 mm) of width, which includes 2 in
(50 mm) on either side for sway, and another
1 in (25 mm) tolerance on either side for clear-
ing nearby objects or other pedestrians. Almost
all wheelchcilr users and those who use walk-
ing aids can also manage within this 32 in
(815 mm) width for short distances. Thus, two
streams of trjifTlc can pass in 64 in (1625 mm)
in a comfortable flow. Sixty inches (1525 mm)
provides a minimum width for a somewhat
more restricted flow. If the clear width is less
them 60 in (1525 mm), two wheelchair users
will not be able to pass but will have to seek
a wider place for passing. Forty-eight Inches
(1220 mm) Is the minimum width needed for
an ambulatory person to pass a nonambu-
latory or semi- ambulatory person. Within
this 48 In (1220 mm) width, the ambulatory
person will have to twist to pass a wheelchair
user, a person with a service antinaL or a

45718 Federal Register / Vol. 56. No. 173 / Friday. September 6, 1991 / Rules and Regulations

A4.3 Accessible Route

semi-ambulatory f>erson. There will be bttle
leeway for swaying or missteps (see Fig. Al).

A4.2.3 Wheelchair Turning Space.

These guidelines specify a minimum space of
60 In ( 1 525 mm) diameter or a 60 in by 60 in
(1525 mm by 1525 mm) T shaped space for a
pivoting 180-degree turn of a wheelchair. This
space Is usually satisfactory for turning
around, but many people wUl not be able to
turn without repeated tries and bumping Into
surrounding objects. The space shown In
Fig. A2 wU] allow most wheelchair users to
complete U-tums without difficulty.

A4.2.4 Clear Floor or Ground Space for
Wheelchairs. The wheelchair and user shown
in Fig A3 represent typical dimensions for a
large adult male. The space requirements in
this guideline are based upon maneuvering
clearances that will accommodate most wheel-
chairs. Fig. A3 provides a uniform reference for
design not covered by this guideline.

A4.2.5 St A4.2.6 Reach. Reach ranges for
persons seated in wheelchairs may be further
clarified by Fig. A3(aJ. These drawings approxi
mate tn the plan view the information shown tn
Fig. 4. 5. and 6.

A4.3 Accessible Route.

A4.3.1 General.

(1) Travel Distances. Many people with
mobility Impairments can move at only very
slow speeds; for many, traveling 200 ft (61 m)
could take about 2 minutes. This assumes a
rate of about 1.5 fl/s (455 mm/s) on level
ground. It also assumes that the traveler
would move continuously. However, on trips
over 100 ft (30 m). disabled people are apt to
rest frequently, which substantially Increases
their trip times. Resting p>erlods of 2 minutes
for every 100 ft (30 m) can be used to estimate
travel times for people with severely limited
stamina. In Inclement weather, slow progress
and resting can greatly Increase a disabled
person's exposure to the elements.

(2) Sites. Level. Indirect routes or those with
running slopes lower than 1:20 can sometimes
provide more convenience than direct routes
with maximum allowable slopes or with ramps.

•fe Tils

Fig. A4
Cane Technique

A4.3.10 Egress. Because people with dis-
abilities may visit, be employed or be a resident
in any building, emergency meinagement plans
with specific provisions to ensure their safe
evacuation also play an essential role In fire
safety and life safety.

A4.3.i 1.3 Stairyxxm Width. A 48 inch
(1220 mm) wide exit stairway is needed to
allow assisted evacuation (e.g.. carrying a
person in a wheelchair) without encroaching
on the exit path for ambulatory persons.

Federal Register / Vol. 56. No. 173 / Friday, September 6, 1991 / Rules and Regulations 45719

A4.5 Ground and Floor Surfaces

A4.d.ii.4 TYixMtxiy CommuniccUion. It is

essenOcd that emergency conwnunlcation not be
dependent on voice communications alone be-
cause the safety of people with hearing or
speech impairments could be Jeopardized. The
visible signal requirement could be satisfied
with something as simple as a button in the
area of rescue assistance that lights, indicating
that help is on the way, when the message is
answered at the point of entry.

A4.4 Protruding Objects.

A4.4.1 General. Service animals are trained
to recognize and avoid hazards. However, most
people with severe impairments of vision use
the long cane as an aid to mobility. The two
principal cane techniques are the touch tech-
nique, where the cane arcs from side to side
and touches points outside both shoulders;
and the diagonal technique, where the cane
is held In a stationary position diagonally
across the body with the cane tip touching or
Just above the ground at a point outside one
shoulder and the handle or grip extending to
a point outside the other shoulder. The touch
technique is used primarily in uncontrolled
arccis. while the diagonal technique is used
primarily In certain limited, controlled, and
familiar environments. Cane users are often
trained to use both techniques.

Potential hazardous objects are noticed only
if they fall within the detection range of canes
(see Fig. A4). Visually Impaired people walking
toward an object can detect an overhang if
Its lowest surface is not higher than 27 in
(685 mm). When walking alongside protruding
objects, they cannot detect overhangs. Since
proper cane and service animal techniques
keep people away from the edge of a path or
from walls, a slight overhang of no more than
4 in (100 mm) Is not hazardous.

A4.5 Ground and Floor Surfaces.

A4.5.1 General. People who have difficulty
walking or maintaining balance or who use
crutches, canes, or walkers, and those with
restricted gaits are particularly sensitive to
slipping and tripping hazards. For such people,
a stable and regulcir surface is necessary for
safe walking, particularly on stairs. Wheel-
chcilrs can be propelled most easily on surfaces
that are hard, stable, and regular. Soft loose

surfaces such as shag carpet, loose sand or
gravel, wet clay, and irregular surfaces such
as cobblestones can significantly Impede
wheelchair movement.

Slip resistance Is based on the frlctlonal force
necessary to keep a shoe heel or crutch tip
from slipping on a walking surface under
conditions likely to be found on the surface.
While the dynamic coefficient of friction during
walking varies in a complex and non- uniform
wwj. the static coeffijcient of friction, which can
be measured in several ways, provides a close
approximation of the sip resistance of a surface.
Contrary to popular belief, some slippage is
necessaru to walking, especially for persons
with restricted gaits: a truly "non-slip' surface
could not be negotiated.

The Occupational Safety and Health Admini-
stration recommends that walking surfaces
have a static coefficient of friction of 0.5. A
research project sponsored by the Architectural
and Transportation Barriers Compliance Board
(Access Board) conducted tests with persons
with disabilities and concluded that a higher
coefficient of friction was needed by such per-
sons. A static coefficient of friction of 0.6 is
recommended for accessible routes and 0.8
for ramps.

It is recognized that the coefficient of friction
varies considerably due to the presence of
contaminants, water, floor finishes, and other
factors not under the control of the designer or
builder and not subject to design and construc-
tion guidelines and that compliance would be
difficult to measure on the building site. Never-
theless, many common building materials
suitable for flooring are now labeled with infor-
mation on the static coefficient of friction. While
it may not be possible to compare one product
directly with another, or to guarantee a con
slant measure, builders and designers are
encouraged to specify materials with appropri
ate values. As more products include Informa
(ton on slip resistance, improved uniformity in
measurement and specification is likely. The
Access Board's advisory guidelines on Slip
Resistant Surfaces provides additional tnfor
motion on this subject

Cross slopes on walks and ground or floor
surfaces can cause considerable difficulty in
propelling a wheelchair in a straight line.

45720 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

A4.6 Parking and Passenger Loading Zones

A4.5.3 Carpet. Much more needs to be done
In developing both quantitative and qualitative
criteria for carpeting (Le.. problems assodated
with texture and weave need to be studied).
However, certain functional characteristics
are well established. When both carpet and
padding are used, it is desirable to have mini-
mum movement (preferably none) between the
floor and the pad and the pad and the carpet
which would allow the carpet to hump or warp.
In heavily traflflcked areas, a thick, soft (plush)
pad or cushion, particularly in combination
with long carpet pile, makes it difficult for
individuals in wheelchairs and those with
other ambulatory disabilities to get about.
Firm carpeting can be achieved through
proper selection and combination of pad and
carpet, sometimes with the elimination of the
pad or cushion, and with proper Installation.
Carpeting designed with a weave that cxiuses a
zig zag effect when wheeled across Is strongly
discouraged.

A4.6 Parking and Passenger Loading
Zones.

A4.6.3 Parking Spaces. The increasing use
of vans with side-mounted lifts or ramps by
persons with disabilities tias necessitated some
revisions tn specifications for parking spaces
and adjacent access aisles. The typical acces-
sible parking space is 96 tn (2440 mm) wide
with an adjacent 60 tn (1525 mm) access aisle.
However, this aisle does not permit lifts or
ramps to be deployed and still leave room for
a person using a wheelchair or other mobility
aid to exit the lift platform or ramp. In tests
conducted with actual lift/ van/ wheelchair
combinations, (under a Board- sponsored
Accessible Parking and Loading Zones Project)
researchers found that a space and aisle total
ing almost 204 tn(5l80 nvn) wide was needed
to deploy a lift and exit conveniently. The 'van
accessible' parking space required by these
guidelines provides a96 tn (2440 mm) wide
space with a 96 in (2440 mm) adjacent access
aisle which is Just wide enough to maneuver
and exit from a side mounted lift If a 96 in
(2440 mm) access aisle is placed between
two spaces, two 'van accessible' spaces are
created Alternatively, if the wide access aisle
is provided at the end of a mw (an area often
unused), it may be possible to provide the
wide access aisle without additional space
(see Fig. A5(a)).

A sign is needed to alert van users to the pres-
ence of the wider aisle, but the space is not
intended to be restricted only to vans.

"Universal' Parking Space Design. An alterna-
tive to the provision of a percentage of spaces
with a wide aisle, and the associated need to
include additional signage, is the use of what
has been called the 'universal' parking space
design. Under this design, qH accessible spaces
are 132 fn (3350 mm) wide with a 60 tn
(1525 mm) access aisle (see Fig. A5(b)). One

accessible route

(3)
Van Accessible Space at End Row

132

324

1 32 mm

(b)
Universal Parking Space Design

Fig. A5
Parking Space Alternatives

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45721

A4.8 Ramps

adixmtage to this design ts that no additional
signage ts needed because all spaces can
accommodate a van with a side mounted HJl or
ramp. Also, there ts no competition between cars
and vans for spaces since cdl spaces can accom
modate either. Furthermore, the wider space
permits vehicles to park to one side or the other
within the 132 in (3350 nvnj space to allow
persons to exit and enter the vehicle on either
the driver or passenger side, although, in some
cases, this would require exiting or entering
without a marked access aisle.

An essential consideration for any design is
having the access aisle level with the parking
space. Since a person with a disability, using
a lift or ramp, must maneuver within the access
aisle, the aisle cannot include a ramp or sloped
area. The access aisle must be connected to an
accessible route to the appropriate accessible
entrance of a building or facility. The parking
access aisle must either blend with tfie acces
sible route or have a curb ramp complying with
4. 7. Such a curb ramp opening must be located
within the access aisle boundaries, not within
the parking space boundaries. Unfortunately,
many faculties are designed with a ramp that
is blocked when any vehicle parks in U\e acces
sible space. Also, the required dimensions of the
access aisle cannot be restricted by planters,
curbs or wheel stops.

A4.6.4 Signage. Signs designating parking
places for disabled people can be seen from a
driver's seat if the signs are mounted high
enough above the ground and located at the
front of a parking space.

A4.6.5 Vertical Clearance. High -top vans.
which disabled people or transportation ser-
vices often use. require higher clearances in
parking garages than automobiles.

A4.8 Ramps.

A4.8.1 General. Ramps are essential for
wheelchair users If elevators or lifts are not
avciilable to connect different levels. However,
some people who use walking aids have diffi-
culty with ramps and prefer stairs.

A4.8.2 Slope and Rise. Ramp slopes be
tween 1:16 and 1:20 are preferred. The ability
to manage an IncUne Is related to both Its
slope and its length. Wheelchair users with

disabilities affecting their arms or with low
stamina have serious dlQlculty using inclines.
Most ambulatory people and most people who
use wheelchairs can manage a slope of 1:16.
Many people cannot manage a slope of 1:12 for
30 ft (9 m).

A4.8A Landings. Level landings are essen-
tial toward maintaining an aggregate slope that
complies with these guideltnes. A ramp landing
that Is not level causes Individuals using wheel
chairs to tip backward or bottom out when the
ramp is approachecL

A4.8.5 Handrails. The requirements for
stair and ramp handrails In this guideline are
for adults. When children are principal users
in a building or facility, a second set of hand-
rails at an appropriate height can assist them
and aid In preventing accidents.

A4.9 Stairs.

A4.9.1 Minimum Number. Only Interior
and exterior stairs connecting levels that are
not connected by an elevator, ramp, or other
accessible means of i^rtlcal access have to
comply with 4.9.

A4.10 Elevators.

A4.10.6 Door Protective and Reopening
Device. The required door reopening device
would hold the door open for 20 seconds if the
doorway remains obstructed. After 20 seconds,
the door may begin to close. However, if de-
signed in accordance with ASME A 17. 1-1 990.
the door closing movement could still be
stopped If a person or object exerts sufficient
force at any point on the door edge.

A4.10.7 Door and Signal Timing for Hall
Calls. This paragraph allows variation In the
location of call buttons, advance time for warn-
ing signals, and the door-holding period used
to meet the time requirement.

A4.10.12 Car Controls. Industry-wide
standardization of elevator control panel design
would make all elevators significantly more
convenient for use by people with severe visual
Impairments. In many cases. It will be possible
to locate the highest control on elevator panels
within 48 In (1220 mm) from the floor.

45722 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

A4.11 PUtform UfU (Wheelchair Lifts)

A4.10.13 Car Position Indicators. A spe

clal button may be provided that would activate
the audible signal within the given elevator only
for the desired trip, rather than maintaining
the audible signal in constant operation.

A4.10.14 Emergency Communications.

A device that requires no handset is easier to
use by people who have dlfTlculty reaching.
Also, small handles on handset compartment
doors are not usable by people who have
difficulty grnsptng.

Ideally, emergency two-way communication
systems should provide both voice and visual
display intercommunicatioix so that persons
with hearing impairments and persons with
vision impairments can receive information
regarding the status of a rescue. A voice inter-
communication system cannot be the only
means of communication because it is not
accessible to people with speech and hearing
impairments. While a voice intercommunication
system, is not required at a minimum the
system should provide both an audio and
visual indication that a rescue is on the wag.

A4.11 Platform Lifts (Wheelchair
Lifts).

A4.11.2 Other Requirements. Inclined
stairway chatrllfls, and inclined and vertical
platform lifts (wheelchair lifts) are available
for short-distance, vertical transportation of
people with disabilities. Care should be taken
In selecting lifts as some lifts are not equally
suitable for use by both wheelchair users and
semi ambulatory individuals.

A4.12 Windows.

A4.12.1 General. Windows intended to be
operated by occupants in accessible spaces
should comply with 4.12.

A4.12.2 Window Hardware. Windows
requiring pushing, pulling, or lifling to open (for
example, double hang, sliding, or casement and
awning units without cranks) should require no
more than 5 lbf(22.2 N) to open or close. Uxks.
cranks, and other window hardware should
comply with 4.27.

A4.13 Doors.

A4.13.8 Ttiresliolds at Doorways. Thresh-
olds and surface height chcinges In doorways
are particularly Inconvenient for wheelchair
users who also have low stamina or restric-
tions In arm movement because complex
maneuvering Is required to get over the level
change while operating the door.

A4.13.9 Door Hardware. Some disabled
persons must push against a door with their
chair or walker to open it. Applied klckplates
on doors with closers can reduce required
maintenance by withstanding abuse from
wheelchairs and canes. To be efifecUve. they
should cover the door width, less approxi-
mately 2 in (51 mm), up to a height of 16 in
(405 mm) from Its bottom edge and be cen-
tered across the width of the door.

A4. 13. 10 Door Closers. Closers with de-
layed action features give a person more time
to maneuver through doorways. They are par-
ticularly useful on frequently used Interior
doors such as entrances to toilet rooms.

A4.13.il Door Opening Force. Although
most people with disabilities can exert at least
5 Ibf (22.2N1, both pushing and pulling from a
stationary position, a few people with severe
dlsabUltles carmot exert 3 Ibf ( 13. 13N). Al-
though some people cannot manage the allow-
able forces In this guideline and many others
have dlfllculty, door closers must have certain
minimum closing forces to close doors satisfac-
torily. Forces for pushing or pulling doors open
are measured with a push-pull scale under the
following conditions:

(1) Hinged doors: Force applied perpen-
dicular to the door at the door opener or 30 In
(760 mm) from the hinged side, whichever Is
farther from the hinge.

(2) Sliding or folding doors: Force applied
parallel to the door at the door pull or latch.

(3) Application of force: Apply force gradually
so that the applied force does not exceed the
resistance of the door. In high-rise buildings,
air-pressure differentials may require a modifi-
cation of this specification in order to meet the
functional Intent.

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45723

A4. 15 Drinking Fountains and Water Coolers

A4.13.12 Automatic Doors and Power-
Assisted Doors. Sliding automatic doors do
not need guard rails and are more convenient
for wheelchair users and visually impaired
people to use. If slowly of>enlng automatic
doors can be reactivated before their closing
cycle Is completed, they will be more conve-
nient In busy doorways.

A4.15 Drinking Fountains and
Water Coolers,

A4.15.2 Spout Height. Two drinking Joun
tains, mounted side by side or on a single post.
are usable by people with disabilities and
people who find it difficult to bend over.

18-30 ) 18 .

455 - 760 455

Takes transfer position, swings Removes armrest, transfers Moves wheelchair out of the Positions on toilet, releases

footrest out of the way. sets
brakes

way, changes position (some brake,
people fold chair or pivot it
90° to the toilet)

i — ^ — ^-m

(a)
Diagonal Approach

V M '/

U V I

Takes transfer position, removes
armrest, sets brakes.

Positions on toilet.

(b)
Side Approach

Fig. A6
Wheelchair Transfers

45724 Federal Register / Vol. 56. No. 173 / Friday. September 6. 1991 / Rules and Regulations

A4.16 Water CIomU

A4.16 Water CloaeU.

A4.16.3 Height. Height preferences for
toilet seats vary considerably among disabled
people. Higher seat heights may be cin advem-
tage to some ambulatory disabled people, but
are often a disadvantage for wheelchair users
and others. Toilet seats 18 In (455 mm) high
seem to be a reasonable compromise. Thick
seats and filler rings are available to adapt
standard fixtures to these requirements.

A4.16.4 Grab Ban. Fig. A6(a) and (b) show
the diagonal and side approaches most com-
monly used to transfer from a wheelchair to a
water closet. Some wheelchair users can trans-
fer from the front of the toilet whUe others use
a 90-degree approach. Most people who use the
two additional approaches can ajso use either
the diagonal approach or the side approach.

A4.16.5 Plush Controls. Flush valves and
related plumbing can be located behind walls
or to the side of the toilet, or a toilet seat lid
can be provided If plumbing fittings are directly
behind the toilet seat. Such designs reduce the
chance of injury and imbalance caused by
leaning back against the fittings. Flush controls
for tank-type toilets have a standardized
mounting location on the left side of the tank
(facing the tank). Tanks can be obtained by
special order with controls mounted on the
right side. If administrative authorities require
flush controls for flush valves to be located In a
position that conflicts with the location of the
rear grab bar. then that bar may be split or
shifted toward the wide side of the toilet area.

A4.17ToUet Stalls.

A4.17.3 Size and Arrangement. This
section requires use of the 60 tn (1525 mrrO
sUmdard stall (Figure 30(aJ) and permits the
36 in (915 mm) or 46 tn. (1220 mw) wide alter
nate staR (Figure 30(b)) only in alterations where
provision of the standard staU ts technically
tnfeastble or where local plumbing codes prohibit
reduction in the number of fixtures. A standard
stall provides a clear space on one side of the
water closet to enable persons who use wheel-
chairs to perform a side or diagonal transfer
from the wheelchair to the water closet How
ever, some persons with disabdUies who use
mobiliiy aids such as walkers, canes or crutches

are better able to use the two parallel grab bars
in the 36 in (915 mm) wide alternate stall to
achieve a standing position

In large toilet rooms, where six or more toilet
stalls are provided, U is therefore required that
a 36 in (915 mm) wide stall with parallel grab
bars be provided in ndditinn to the standard
stall required in new construction. The 36 in
(915 mm) width is necessary to achieve proper
use of the grab bars: wider stalls would position
the grab bars too far apart to be easQy used
and narrower stalls would position the grab
bars too close to the water closet. Since the staR
ts primartiy^ intended for use by persons using
canes, crutches and walkers, rather than wheel-
chairs, the length of the stall could be conven-
tionoL The door, however, must swing outward
to ensure a usable space for people who use
crutches or walkers.

A4.17.6 Doors. To make it easier for wheel-
chair users to close toilet stall doors, doors Cein
be provided with closers, spring hinges, or a
pull bar mounted on the Inside surface of the
door near the hinge side.

A4. 19 Lavatories and Mirrors.

A4. 19.6 Biirrors. If mirrors are to be used by
both ambulatory people and wheelchair users,
then they must be at least 74 in (1880 mm)
high at their topmost edge. A single full length
mirror can accommodate all people. Including
children.

A4.21 Shower Stalls.

A4.21.1 General. Shower stalls that are
36 in by 36 in (9 1 5 mm by 9 1 5 mm) wide
provide additional safety to people who have
difficulty maintaining balance because all grab
bars and walls are within easy reach. Seated
people use the wadls of 36 in by 36 in (915 mm
by 915 mm) showers for back support. Shower
stalls that are 60 in (1525 mm) wide and have
no curb may increase usability of a bathroom
by wheelchair users because the shower zu-ea
provides additional maneuvering space.

A4.22 Toilet Rooms.

A4.22.3 Clear Floor Space. In many small
facilities, single-user restrooms may be the only

AlO

Federal Register / Vol. 56, No. 173 / Friday. September 6, 1991 / Rules and Regulations

45725

A4.22 Toilet Rooms

JacUittes provided for all building users. In
addition, the guidelines allow the use of
'unisex" or 'family' accessible toilet rooms in
alterations when technical infeasibility can be
demonstrated. Experience has shown that the
provision of accessible 'unisex' or single user
restrooms ts a reasonable way to provide access
for wheelchair users and any attendants,
especially when attendants are of the opposite
sex. Since these facilities have proven so useful,
it ts often considered advantageous to install a
'unisex' toilet room in new facilities in addition
to making the multi-stall restrooms accessible,
especially tn shopping malls, large auditoriums,
and convention centers.

Figure 28 (section 4.16) provides minimum clear
floor space dimensions for toilets in accessible
'unisex' toilet rooms. The dotted lines designate
the minimum clear floor space, depending on
the direction of approach, required for wheel
chair users to transfer onto the water closet
The dimensions of 48 in (1220 mmj and 60 in
(1525 mmJ, respectively, correspond to the
space required for the two common transfer
approaches utilized by wheelchair users
(see Fig. A6). It is important to keep in mind that
the placement of the lavatory to the immediate
side of the water closet will preclude the side
approach transfer iUustrated in Figure A6(b}.

To accommodate the side transfer, the space
adjacent to the water closet must remain clear
of obstruction for 42 tn (1065 mm) from the
centerUne of the toilet (Figure 28) and the lava
tory must not be located within this clear space.
A turning circle or T-tum, the clear floor space
at the kLvatonj. and maneuvering space at the
door must be considered when detennining the
possible wall locations. A privacy latch or other
accessible means of ensuring privacy duriixg use
should be provided at the door.

RECOMMENDATIONS:

1. In new construction, accessible single-user
restrooms may be desirable tn some situations
because they can accommodate a wide variety
ofbutiding users. However, they cannot be used
in lieu of making the multi-stall toilet rooms
accessible as required.

2. Where strict compUance to the guidelines for
accessible toilet facilities is technically infeasible
in the alteration of existing facilities, accessible
'unisex' toilets are a reasonable alternative.

3. In designing accessible single-user restrooms.
the provisions of adequate space to aRow a side
transfer wUl provide accommodation to the
largest number of wheelchair users.

18 30 1 30

1 1

seat 1

1 i

t '

\i J

seat •

TT^

; 1

'- ;

^ 1

■^

Fig. A 7

45726 Federal Register / Vol. 56. No. 173 / Friday. September 6. 1991 / Rules and Regulations

A4.23 Batlirooms. Bathing Facilities, and Shower Rooms

A4.23 Bathrooms. Bathing Facilities,
and Shower Rooms.

A4.23.3 Clear Floor Space, Figure A7
shows tux) possible configurations of a toilet
room with a roU-tn shower. The specific shower
shown is designed to fit exactly within the
dimensions of a standard bathtub. Since the
shower does not have a lip. the floor space can
be used for required maneuvertng space. This
would permU. a toilet room to be smaller than
would be permitted with a bathtub and still
provide enough floor space to be considered
accessible. This design can provide accesstbility
in faculties where space is at a premium (Le..
hotels and medical care facilities). The alternate
roll- in shower (Fig. 57b) also provides sufficient
room for the Ttum' cmd does not require
plumbing to be on more than one wall

A4.23.9 Medicine Cabinets. Other alter
natives for storing medical and personal care
items are ver>' useful to disabled people.
Shelves, drawers, and floor-mounted cabinets
can be provided within the reach ranges of
disabled people.

A4.26 Handrails. Grab Bars, and Tub
and Shower Seats.

A4.26.1 General. Many disabled people rely
heavily upon grab bars and handrails to main-
tain balsmce and prevent serious falls. Many
people brace their foreeirms between supports
and walls to give tJiem more leverage and
stability In maintaining balance or for lifting.
The grab bar clearance of 1-1/2 in (38 mm)
required in this guideline is a safety clearance
to prevent injuries resulting from arms slipping
through the openings. It also provides adequate
gripping room.

A4.26.2 Size and Spacing of Grab Bars
and Handrails. This specification allows for
alternate shapes of handrails as long as they
allow an opposing grip similar to that provided
by a circular section of 1-1/4 In to 1-1/2 in
(32 mm to 38 mm).

A4.27 Controls €Uid Operating
Mechanisms.

A4.27.3 Height. Fig. A8 further illustrates

'W////////////////M

V////////////////////y.

Forward Reach Possible

(b)
Side Reach Possible

Fig. A8
Control Reach Limitations

A12

Federal Register / Vol. 56. No. 173 / Friday. September 6. 1991 / Rules and Regulations 45727

A4.28 Alarms

mandatory and advisory control mounting
height provisions for typical equipment

Electrical receptacles installed to serve indi-
vidual appliances and not intended for regular
orjrequent use by building occupants are not
required to be mounted within the specified
reach ranges. E^Komples ux)uld be receptacles
installed specifically for wall-mounted clocks,
refrigerators, and microwave ovens.

A4.28 Alarms.

A4.28.2 Audible Alarms. Audible emergency
signals must have an Intensity and frequency
that can attract the attention of individuals
who have partial hearing loss. People over 60
years of age generally have difficulty perceiving
frequencies higher than 10.000 Hz. An alarm
signal which has a periodic element to its signal
such as single stroke bells (clang- pause- clang-
pause), hi-low (up-down-up-down) andfast
whoop (on-ojf-on-ojff) are best Avoid continuous
or reverberating tones. Select a signal which has
a sound characterized by three or four clear
tones without a great deal of "noise" in between.

A4.28.3 Visual Alarms. The specifications In
this section do not preclude the use of zoned or
coded alarm systems.

A4.28.4 Auxiliary Alarms. Locating visual
emergency alaima In rooms where persons who
are deaf may work or reside alone can ensure
that they will always be warned when an
emergency aleirm Is activated. To be effective,
such devices must be located and oriented so
that they will spread signals and reflections
throughout a space or raise the overall light
level sharply. However, visual alarms alone are
not necessarily the best means to alert sleepers.
A study conducted by Underwriters Laboratory
(UD concluded that a flashing light more than
seven times brighter was required (110 candela
v. 15 candelcu at the same distance) to awaken
sleepers as was needed to alert awake subjects
tn a normal daytime Ulumtnated room.

For hotel and other rooms where people are
likely to be asleep, a signal- activated vibrator
placed between mattress and box sprirm or
under a pillow was found by UL to be much
more effective in alerting sleepers. Many readily
available devices are sound-activated so that
they could respond to an alarm clock, clock

radio, wake-up telephone call or room smoke
detector. Acttuatton by a butldUTg alarm system
can either be accomplished by a separate circuit
activating an auditory alarm which would, in
turn, trigger the vibrator or by a signal transmit
ted through the ordinary 1 10- volt outiet Trans-
mission of signals through the power line ts
relatively simple and is the basis of common,
inexpensive remote light control systems sold in
many department and electronic stores for home
use. So-called 'wireless' intercoms operate on
the same principal

A4.29 Detectable Warnings.

A4.20.2 Detectable Warnings on Walking
Surfaces. The material used to provide con-
trast should contrast by at least 70%. Contrast
tn percent is determined by:

Contrast = l(B, ■ B^)/BJxlOO

where B, = light reflectance value (LRV) of the
lighter area

and Bj = light reflectance value (LRV) of the
darker arecL

Note that in any application both white and
black are never absolute: thus. B^ never equals
100 and B^ is always greater than 0.

A4.30 Signage.

A4.30.1 General, hi building complexes
where finding locations Independently on a
routine basis may be a necessity (for example,
college campuses), tactile maps or prerecorded
Instructions can be very helpful to visually
Impaired people. Several maps and auditory
Instructions have been developed and tested
for specific applications. The type of map or
Instructions used must be based on the Infor-
mation to be communicated, which depends
highly on the type of buildings or users.

Landmarks that can easily be distinguished
by visually Impaired individuals are useful as
orientation cues. Such cues Include changes
in Illumination level, bright colors, unique
patterns, wall murals, location of special
equipment or other architectural features.

Many people with disabilities have limitations
In movement of their heads and reduced
perlphercd vision. Thus, signage positioned

A13

45728 Federal Register / Vol. 56, No. 173 / Friday. September 6, 1991 / Rules and Regulations

A4.30 Sltfna^e

perpendicular to the path of travel Is easiest for
them to notice. People can generally distinguish
signage within an angle of 30 degrees to either
side of the centerllnes of their faces without
moving their heads.

A4.30.2 Character Proportion. The legibil-
ity of printed characters Is a function of the
viewing distance, character height, the ratio of
the stroke width to the height of the character,
the contrast of color between character and
background, and print font. The size of charac-
ters must be based upon the Intended viewing
distance. A severely nearsighted person may
have to be much closer to recognize a character
of a given size than a person with normal visual
acuity.

A4.30.4 Raised and Brailled Characters
cmd Pictorial Symbol Signs
(Pictograms). The standard dtmenstons for
literary Braille are as follows:

Dot diameter

Inter-dot spacing

Horizontal separation
between cells

Vertical separation
between cells

.059 in.
.090 in.

.241 in.

.395 in.

Raised borders around signs containing raised
characters may make them confusing to read
unless the border is set far away from the
characters. Accessible signage wtth descriptive
materials about public buildings, monuwents,
and dt^ects qf cultural interest may not provide
sqfflciently detaCed and meaningful iriformadorL
Interpretive guides, audio tape devices, or other
methods may be more effective in presenting
such tr^ormatkjn.

A4.30.5 Finish and Contrast. An eggshell
finish (11 to 19 degree gloss on 60 degree
glosslmeter) is recommended. Research indi-
cates that signs are more legible for persons
with low vision when characters contrast with
their backgrourvi by at least 70 percent
Contrast in percent shall be determined by:

Contrast = [(B, - B^)/BJx 100

where Bj = light reflectance value (LRV) of the
lighter area

and Bj = light reflectance value (LRV) of the
darker area.

Note that in any explication both white and
black are never absolute: thus, B, never equals
1 00 and B, (s always greater than 0.

The greatest readability Is usually achieved
through the use of light-colored characters or
symbols on a dark background.

A4.30.7 Symbols qf Accessibility for
Different Types qi Listening Systems.

Paragraph 4 of this section requires signage
indicating the avadabUity of an asststiije listen-
ing system. An appropriate message should be
displayed wUh the international symbol of
access for hearing loss since this symbol con-
veys general accessibility for people with hear-
ing loss. Some suggestions are:

INFRARED

ASSISTIVE USTEMNG SYSTEM

AVAILABLE

PLEASE ASK

AUDIO LOOP IN USE

TURN T-SWTTCH FOR

BETTER HEARING

OR ASK FOR HELP

ASSISTIVE USTENING

SYSTEM AVAILABLE

^PLEASE ASK

The symbol may be used to notify persons of the
avaHabUity of other auxiliary aids and services
such as: real time captioning, captioned note
taking, sign language interpreters, and oral
interpreters.

A4.30.9 Illumination Levels. lUumtnatton
levels on the sign surface shall be in the 100 to
300 lux range (10 to 30footcandles) and shall
be untform over the sign surface. Signs shall be
located such that the tUumtnatlon level on the
surface of the sign is not significantly exceeded
by the ambient light or visible bright lighting
source behind or in front of the sign.

A14

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45729

A4.31 Telephones

A4.31 Telephones.

A4.31.3 Mounting Height. In localiUes
where the dial-tone first system Is in operation,
calls can be placed at a coin telephone through
the operator without inserting coins. The
operator button is located at a height of 46 in
( 1 170 mm) if the coin slot of the telephone is
at 54 in (1370 mm). A generally available
public telephone with a coin slot mounted
lower on the equipment would allow universal
Installation of telephones at a height of 48 in
(1220 mm) or less to aH operable parts.

A4.31.9 Text Telephones. A public text
telephone may be an Integrated text telephone
pay phone unit or a conventional portable text
telephone that is permanently ajjlxed within, or
adjacent to, the telephone enclosure. In order to
be usable with a pay phone, a text telephone
which is not a single integrated text telephone
pay phone unit will require a shelf large enough
(Win (255mm} wide by 10 in (255 mm) deep
with a 6 in (150 mm) vertical clearance mini-
muwj to accommodate the device, an electrical
outlet, and a power cord. Movable or portable
text telephones may be used to provide equiva-
lent facilitation. A text telephone should be
readily available so. that a person using it may
access the text telephone easily and conven-
iently. As currently designed pocket- type text
telephones for personal use do not accommodate
a wide range of users. Such devices would not
be considered substantially equivalent to con-
ventional text telephones. However, in the future
as technology develops this could change.

A4.32 Fixed or Built-in Seating
and Tables.

A4.32.4 Height of Tables or Counters.

Different types of work require different table
or counter heights for comfort and optimal
performance. Light detailed work such as
writing requires a table or counter close to
elbow height for a standing person. Heavy
manual work such as rolling dough requires a
counter or table height about 10 in (255 mm)
below elbow height for a standing person. This
principle of high/low table or counter heights
also applies for seated persons; however, the
limiting condition for seated manual work Is
clearance under the table or courUer.

Table Al shows convenient counter heights for
seated persons. The great variety of heights for
comfort and optimal performance indicates a
need for alternatives or a compromise in height
If people who stand and people who sit will be
using the same counterjarea.

Table Al

Convenient Heights of Tables

and Counters for Seated People^

Short

T«ll

Women

Men

Conditions of Um

nun

in nun

Seated In a wheelchair:

Manual work-

Desk or removeable

armrests

660

30 760

Fixed, full-size armrests'

32>

815

32' 815

Light detailed work:

Desk or removable

armrests

735

34 865

Fixed, full-size armrests'

32'

815

34 865

Seated In a 16-ln. (405-mm)

High chain

Mcinual work

660

27 685

Light detailed work

710

31 785

' All dimensions are based on a work-surface
thickness of 1 1/2 In (38 mm) and a clearance
of 1 1/2 In (38 mm) between legs and the
underside of a work surface.

'This type of wheelchair arm does not Interfere
with the positioning of a wheelcheilr under a
work surface.

'This dimension Is limited by the height of the
armrests: a lower height would be preferable.
Some people in this group prefer lower work
surfaces, which require positioning the wheel-
chair back from the edge of the counter.

A4.33 Assembly Areas.

A4.33.2 Size of Wheelchair Locations.

Spaces large enough for two wheelchairs allow
people who are coming to a performance
together to sit together.

A4.33.3 Placement of Wheelchair
Locations. The location of wheelchair areas
can be planned so that a variety of positions

A15

45730 Federal Register / Vol. 56. No. 173 / Friday. September 6. 1991 / Rules and Regulations

Table A2. Summary of Assistive listening Devices

within the seating area are provided. This will
allow choice in viewing and price categories.

Budding /life sqfety codes set minimum
distances between rows of fixed seats with
consideration of the number of seats tn a row.
the exit aisle width and arrangement and the
location of exit doors. 'Continental' seating,
with a greater number of seats per row and a

commensurate increase in row spacing and exit
doors, facilitates emergency egress for all people
and increases ease of access to mid- row seats
especially for people who walk with difficulty .
Consideration of this positive attribute of
'continental' seating should be included along
wtthaU other factors tn the design of fixed
seating areas.

Table A2. Summary qf Assistive Listening Devices

System

Advantages

Disadvantages

Typical
.^plications

Induction Loop

Cost-Eflectlve-

Signal spills over to

Meeting areas

Transmitter Transducer

Lxjw Maintenance

adjacent rooms.

Theaters

wired to induction loop

E:asy to use

Susceptible to electrical

Churches and Temples

around listening area.

Unobtrusive

interference.

Conference rooms

Receiver. Self-contained

May h>e possible to

Limited portability

Classrooms

induction receiver or

integrate Into existing

Inconsistent signal

TV viewing

p>ersonal hearing aid

public address system.

strength.

with telecoil.

Some hearing aids can

Head poslUon affects

function as receivers.

signal strength.
Lack of standards for

Induction coll

performance.

Highly portable

High cost of receivers

Classrooms

Transmitter Flashlight-

Different channels allow

Ekjulpment fragile

Tour groups

sized worn by speaker.

use by different groups

Equipment obtrusive

Meeting areas

Receiver With personal

within the same room.

High maintenance

Outdoor events

hearing aid via DAI or

High user mobility

Elxpcnslve to maintain

One-on-one

induction neck-loop and

Variable for large rsmge

Custom fitting to

telecoU: or self-contained

of hearing losses.

individual user may be

with earphone(s).

required.

Infrared

E^asy to use

Llne-of-slght required

Theaters

Ttanamltter Emitter In

Insures privacy or

between emitter and

Churches and Temples

Une-of-slght with
receiver.
Receiver. Self-contained.

confldenUality
Moderate cost
Can often be Integrated

receiver.

Ineffective outdoors
Limited portability
Requires installation

Auditoriums
Meetings requiring
confidentiality
TV viewing

Or with personal hearing

into existing public

akl via DAI or Induction

address system.

ncckkwp and telecolL

Sounac: Rehab Brief. National InaUtute on DtsablUty and Rehabilitation Reacarch. Washington. DC, VoL XII. No. 10. (1990).

A16

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45731

A5.0 Restaurants and Cafeterias

A4.33.6 Placement of Listening
Systems. A distance of 50 ft (15 m) allows
a person to distinguish performers" facial
expressions.

A4.33.7 Types of Listening Systems. An

assistive listening system appropriate for an
assembly area for a group of persons or where
the sp>ecific individuals are rwt known in ad
vance. such as a playhouse, lecture hall or
movie theater, maij be different from the system
appropriate for a particular individual provided
as an auxiliary aid or as part of a reasonable
accommodation. The appropriate device for an
individual is the type that individual can use.
whereas the appropriate system for an assem-
bly area will necessarily be geared toward the
"average" or aggregate needs ofixirious indi
viduols. A listening system that can be used
from any seat In a seating area is the most
flexible way to meet this specification. Ear-
phone jacks with variable volume controls can
benefit only people who have slight hearing loss
and do not help people who use hearing aids.
At the present time, magnetic induction loops
are the most feasible type of listening system
for people who use hearing aids equipped with
"T-coiLs," but people without hearing aids or
those with hearing aids not equipped with
inductive pick-ups cannot use them without
special receivers. Radio frequency systems can
be extremely effective and inexpensive. People
without hearing aids can use them, but people
with hearing aids need a special receiver to
use them as they are presently designed. If
hearing aids had a Jack to allow a by-pass of
microphones, then radio frequency systems
would be suitable for people with and without
hearing aids. Some listening systems may be
subject to Interference from other equipment
and feedback from hearing aids of people who
are using the systems. Such interference can
be controlled by careful engineering design
that anticipates feedback sources In the
surrounding area.

Table A2. reprinted from a National Institute of
Disability and Rehabilitation Research 'Rehab
Brief.' shows some of the advantages and
disadvantages of different types of assistive
listening systems. In addition, the Architectural
and Transportation Barriers Compliance Board
(Access Board) has published a pamphlet on
Assistive Listening Systems which lists demon
stration centers across the country where
technical assistance can be obtained in selecting
and installing appropriate systenis. The state of

BILLING CODE 4910-62-C

New York has also adopted a detailed technical
specification which may be useful

A5.0 Restaurants and Cqfeterias.

A5.1 General. Dining counters (where there
is no service) are typically found in small
carry-out restaurants, bakeries, or coffee shops
and may only be a narrow eating surface
attached to a wall. This section requires
that where such a dining counter is provided,
a portion of the counter shall be at the required
accessible height.

A7.0 Business and Mercantile.

A7. 2(3) Assistive Listening Devices. At all

sales and service counters, teller windows, box
offices, and information kiosks where a physical
barrier separates service personnel and custom-
ers, it is recommended that at least one perma-
nently installed assistive listening device com-
plying with 4.33 be provided at each legation or
series. Where assistive listening devices are
installed signage should be provided iden-
tifying those stations which are so equipped.

A7.3 Check-out Aisles. Section 7.2 refers to
counters without aisles: section 7.3 concerns
check out aisles. A counter without an aisle (7.2)
can be approached from more than one direction
such as in a convenience store. In order to use
a check out aisle (7.3). customers must enter a
defined area (an aisle) at a particular point, pay
for goods, and exit at a particular point.

A10.3 Fixed Facilities and Stations.

A10.3.1(7) Route Signs. One means of
making control buttons on fare vending ma-
chines usable by persons with vision impair-
ments is to raise them above the surrounding
surface. Those activated by a mechanical
motion are likely to be more detectable. If
farecard tending, collection, and adjustment
devices are designed to accommodate farecards
having one tactually distinctive comer, then a
person who (kls a vision impairment will insert
the card with greater ease. Token collection
devices that are designed to accommodate
tokens which are perforated can allow a person
to distinguish more readily between tokens
and common coins. Thoughtful placement of
accessible gates and fare vending machines
in relation to inaccessible devices will make
their use and detection easier for all persons
with disabilities.

45732 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulation;

Appendix B to Part 37— UMTA Regional
Offices

Region 1, Urban Mass Transportation

Administration, 206 Federal Plaza, Suite

2940, New York, NY 10278
Region II, Urban Mass Transportation

Administration. Transportation Systems

Center, Kendall Square, 55 Broadway, Suite

921, Cambridge, MA 02142
Region III, Urban Mass Transportation

Administration, 841 Chestnut Street. Suite

714, Philadelphia, PA 19107
Region IV, Urban Mass Transportation

Administration, 1720 Peachtree Road NW..

Suite 400, Atlanta, GA 30309
Region V, Urban Mass Transportation

Administration, 55 East Monroe Street,

Room 1415, Chicago, IL 60603
Region VI, Urban Mass Transportation

Administration, 819 Taylor Street, Suite

9A32, Ft. Worth, TX 76102
Region VII, Urban Mass Transportation

Administration, 6301 RockviUe Road, Suite

303, Kansas City, MS 64131
Region VIII, Urban Mass Transportation

Administration, Federal Office Building,

1961 Stout Street, 5th Floor, Denver. CO

80294
Region IX, Urban Mass Transportation

Administration, 211 Main Street, Room

1160, San Francisco, CA 94105
Region X, Urban Mass Transportation

Administration, 3142 Federal Building, 915

Second Avenue, Seattle, WA 98174

Appendix C to Part 37 — Certifications

Certification of Equivalent Service

The (name of agency) certifies that its
demand responsive service offered to
individuals with disabilities, including
individuals who use wheelchairs, is
equivalent to the level and quality of service
offered to individuals without disabilities.
Such service, when viewed in its entirety, is
provided in the most integrated setting
feasible and is equivalent with respect to:
|1) Response time;

(2) Fares;

(3) Geographic service area;

(4) Hours and days of service:

(5) Restrictions on trip purpose:

(6) Availability of information and
reservation capability: and

(7) Constraints on capacity or service
availability.

In accordance with 49 CFR 37.77. public
entities operating demand responsive
systems for the general public which receive
financial assistance under section 18 of the
Urban Mass Transportation Act must file this
certification with the appropriate state
program office before procuring any
inaccessible vehicle. Such public entities not
receiving UMTA funds shall also file the
certification with the appropriate stale
program office. Such public entities receiving
UMTA funds under any other section of the
UMT Act must file the certification with the
appropriate UMTA regional office. This
certification is valid for no longer than one
year from its date of filing.

(name of authorized official)

(title)

(signature)

MPO Certification of Paratransit Plan
The (name of Metropolitan Planning
Organization) hereby certifies that it has
reviewed the ADA paratransit plan prepared
by (name of submitting entity (ies)) as
required under 49 CFR part 37. 139(h) and
finds it to be in conformance with the
transportation plan developed under 49 CFR
part 613 and 23 CFR part 450 (the UMTA/
FHWA joint planning regulation). This
certification is valid for one year.

signature

name of authorized official

Existing Paratransit Service Survey

This is to certify that (name of public entity
(ies|) has conducted a survey of existing
paratransit services as required by 49 CFR
37,137 (a).

signature

name of a

uthorized official

title

included Service Certification

This is to certify that service provided by
other entities but included in the ADA
paratransit plan submitted by (name of
submitting entity (ies)) meets the
requirements of 49 CFR part 37, subpart F
providing that ADA eligible individuals have
access to the service: the service is provided
m the manner represented: and, that efforts
will be made to coordinate the provision of
paratransit service offered by other
providers.

signature

name of at

ilhorized i

3fficial

title

/oint Plan Certification I

This is to certify that (name of entity
covered by joint plan) is committed to
providing ADA paratransit service as part of
this coordinated plan and in conformance
with the requirements of 49 CFR part 37,
subpart F.

signature

name of authorized official

Joint Plan Certification II

This IS to certify that (name of entity
covered by joint plan) will, in accordance
with 49 CFR 37.141, maintain current levels of
paratransit service until the coordinated plan
goes into effect.

signature

name of authorized official

State Certification that Plans have been
Received

This is to certify that all ADA paratransit
plans required under 49 CFR 37.139 have
been received by (state DOT)

signatur

name of authorized official

date

Appendix D to Part 37 — Construction
and Interpretation of Provisions of 49
CFR part 37

This appendix explains the Department's
construction and interpretation of provisions
of 49 CFR part 37. It is intended to be used as
definitive guidance concerning the meaning
and implementation of these provisions. The
Appendix is organized on a section-by-
section basis. Some sections of the rule are
not discussed in the Appendix, because they
are self-explanatory or we do not currently
ha\'e interpretive material to provide
concerning them.

The Department also provides guidance by
other means, such as manuals and letters.
The Department intends to update this
Appendix periodically to include guidance,
provided in response to inquiries about
specific situations, that is of general
relevance or interest.

Amendments to 49 CFR Part 27

Section 27.67(d) has been revised to
reference the Access Board facility guidelines
(found in appendix A to part 37) as well as
the Uniform Federal Accessibility Standard
(UFAS). This change was made to ensure
consistency between requirements under
section 504 and the ADA. Several caveats
relating to the application of UFAS (e.g., that
spaces not used by the public or likely to
result in the employment of individuals with
disabilities would not have to meet the
standards) have been deleted. It is the
Departments understanding that provisions
of the Access Board standards and part 37
make them unnecessary.

The Department is aware that there is a
transition period between the publication of
this rule and the effective date of many of its
provisions (e.g., concerning facilities and
paratransit services) during which section 504
remains the basic authority for accessibility

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45733

modifications. In this interval, the
Department expects recipients' compUance
with section 504 to look forward to
compliance with the ADA provisions. That is,
if a recipient is making a decision abou! the
shape of its paratransit service between the
publication of this rule and January 26, 1992,
the decision should be in the direction of
service that will help to comply with post-
January 1992 requirements. A recipient that
severely curtailed its present paratransit
service in October, and then asked for a
three- or five-year phase-in of service under
its paratransit plan, would not be acting
consistent with this policy.

Likewise, the Department would view with
disfavor any attempt by a recipient to
accelerate the beginning of the construction,
installation or alteration of a facility to before
January 26, 1992, to "beat the clock" and
avoid the application of this rule's facility
standards. The Department would be very
reluctant to approve grants, contracts,
exemption requests etc., that appear to have
this effect. The purpose of the Department's
administration of section 504 is to ensure
compliance with the national policy stated m
the ADA, not to permit avoidance of it.

Subpart A — General

Section 37.3 Definitions

The definition of "commuter authority"
includes a list of commuter rail operators
drawn from a statutory reference in the ADA.
It should be noted that this list is not
exhaustive. Other commuter rail operators
(e.g.. in Chicago or San Francisco) would also
be encompassed by this definition.

The definition of "commuter bus service" is
important because the ADA does not require
complementary paratransit to be provided
with respect to commuter bus service
operated by public entities. The rationale that
may be inferred for the statutory exemption
for this kind of service concerns its typical
characteristics (e.g., no attempt to
comprehensively cover a service area, limited
route structure, limited origins and
destinations, interface with another mode of
transportation, limited purposes of travel).
These characteristics can be found in some
transportation systems other than bus
systems oriented toward work trips. For
example, bus service that is used as a
dedicated connecter to commuter or intercity
rail service, certain airport shuttles, and
university bus systems share many or all of
these characteristics. As explained further in
the discussion of subpart B. the Department
has determined that it is appropriate to cover
these services with the requirements
applicable to commuter bus systems.

The definitions of "designated public
transportation" and "specified public
transportation" exclude transportation by
aircraft. Persons interested in matters
concerning access to air travel for individuals
with disabilities should refer to 14 CFR part
382, the Department's regulation
implementing the Air Carrier Access Act
Since the facility requirements of this part
refer to facilities involved in the provision of
designated or specified public transportation,
airport facilities are not covered by this part.
DOJ makes clear that public and private
airport facilities are covered under its title II
and title 111 regulations, respectively.

The examples given in the definition of
"facility" all relate to ground transportation.
We would point out that, since transportation
by passenger vessels is covered by this rule
and by DOJ rules, such vessel-related
facilities as docks, wharfs, vessel terminals
etc. fall under this definition. It is intended
that specific requirements for vessels and
related facilities will be set forth in future
rulemaking.

The definitions of "fixed route system" and
"demand responsive system" derive directly
from the ADA's definitions of these terms.
Some systems, like a typical city bus system
or a dial-a-ride van system, fit clearly into
one category or the other. Other systems may
not so clearly fall into one of the categories.
Nevertheless, because how a system is
categorized has consequences for the
requirements it must meet, entities must
determine, on a case-by-case basis, into
which category their systems fall.

In making this determination, one of the
key factors to be considered is whether the
individual, in order to use the service, must
request the service, typically by making a
call.

With fixed route service, no action by the
individual is needed to initiate public
transportation. If an individual is at a bus
stop at the time the bus is scheduled to
appear, then that individual will be able to
access the transportation system. With
demand-reponsive service, an additional step
must be taken by the individual before he or
she can ride the bus, i.e., the individual must
make a telephone call.
[S. Rept. 101-116 at 54).

Other factors, such as the presence or
absence of published schedules, or the
variation of vehicle intervals in anticipation
of differences in usage, are less important in
making the distinction between the two types
of service. If a service is provided along a
given route, and a vehicle will arrive at
certain times regardless of whether a
passenger actively requests the vehicle, the
service in most cases should be regarded as
fixed route rather than demand responsive.

At the same time, the fact that there is an
interaction between a passenger and
transportation service does not necessarily
make the service demand responsive. For
many types of service (e.g., intercity bus,
intercity rail] which are clearly fixed route, a
passenger has to interact with an agent to
buy a ticket. Some services (e.g., certain
commuter bus or commuter rail operations)
may use flag stops, in which a vehicle along
the route does not stop unless a passenger
flags the vehicle down. A traveler staying at
a hotel usually makes a room reservation
before hopping on the hotel shuttle. This kind
of interaction does not make an otherwise
fixed route service demand responsive

(Tn the other hand, we would regard a
system that permits user-initiated deviations
from routes or schedules as demand-
responsive. For example, if a rural public
transit system (e.g.. a section 18 recipient)
has a few fixed routes, the fixed route portion
of its system would be subject to the
requirements of subpart F for complementary
paratransit service. If the entity changed its
system so that it operated as a route-
deviation system, we would regard it as a

demand responsive system. Such a system
would not be subject to complementary
paratransit requirements.

The definition of "individual with a
disability" excludes someone who is
currently engaging in the illegal use of drugs,
when a covered entity is acting on the basis
of such use. This concept is more important
in employment and public accommodations
contexts than it is in transportation, and is
discussed at greater length in the DOJ and
EEOC rules. Essentially, the definition says
that, although drug addiction (i.e.. the status
or a diagnosis of being a drug abuser) is a
disability, no one is regarded as being an
individual with a disability on the basis of
current illegal drug use.

Moreover, even if an individual has a
disability, a covered entity can take action
against the individual if that individual is
currently engaging in illegal drug use. For
example, if a person with a mobility or vision
impairment is ADA paratransit eligible, but is
caught possessing or using cocaine or
marijuana on a paratransit vehicle, the transit
provider can deny the individual further
eligibility. If the individual has successfully
undergone rehabilitation or is no longer using
drugs, as explained in the preamble to the
DOJ rules, the transit provider could not
continue to deny eligibility on the basis that
the individual was a former drug user or still
was diagnosed as a person with a substance
abuse problem.

We defined "paratransit" in order to note
its specialized usage in the rule. Part 37 uses
this term to refer to the complementary
paratransit service comparable to public
fixed route systems which must be provided.
Typically, paratransit is provided in a
demand responsive mode. Obviously, the rule
refers to a wide variety of demand
responsive services that are not
"paratransit," in this specialized sense.

The ADA'S definition of "over-the-road
bus" may also be somewhat narrower than
the common understanding of the term. The
ADA definition focuses on a bus with an
elevated passenger deck over a baggage
compartment (i.e., a "Greyhound-type" bus).
Other types of buses commonly referred to as
"over-the-road buses," which are sometimes
used for commuter bus or other service, do
not come within this definition. Only buses
that do come within the definition are subject
to the over-the-road bus exception to
accessibility requirements in Title III of the
ADA.

For terminological clarity, we want to point
out that two different words are used in ADA
regulations to refer to devices on which
individuals with hearing impairments
communicate over telephone lines. DOJ uses
the more traditional term
"telecommunications device for the deaf
(TDD). The Access Board uses a newer term,
"text telephone." The DOT rule uses the
terms interchangably.

The definition of "transit facility" applies
only with reference to the TDD rcquirc.r.c;i;
of Appendix A to this Part. The point of the
definition is to exempt from TDD
requirements open structures, like bus
shelters, or facilities which are not used
primarily as transportation stops or

45734 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

terminals. For exdmple. a drug store in a
small town may sell inteiclty bus tickets, and
people waiting for the bus may even wait for
the bus inside the store. But the drug stores
raison d'etre is not to be a bus station. Its
transportation function is only incidental.
Consequently, its obligations with respect to
TDDs would be those required of a place of
public accommodation by DO| rules.

A "used vehicle" means a vehicle which
has prior use; prior, that is, to its acquisition
by its present owner or lessee. The definition
is not relevant to existing vehicles in one's
own fleet, which were obtained before the
ADA vehicle accessibility requirements took
effect.

A "vanpool" is a voluntary commuter
ridesharing arrangement using a van with a
seating capacity of more than seven persons,
including the driver. Carpools are not
included in the definition. There are some
systems using larger vehicles (e.g., buses) that
operate, in effect, as vanpools. This definition
encompasses such systems. Vanpools are
used for daily work trips, between
commuters' homes (or collection points near
them) and work sites (or drop points near
them). Drivers are themselves commuters
who are either volunteers who receive no
compensation for their efforts or persons who
are reimbursed by other riders for the vehicle,
operating, and driving costs.

The definition of "wheelchair" includes a
wide variety of mobility devices. This
inclusiveness is consistent with the
legislative history of the ADA (See S. Rept.
101-116 at 48). While some mobility devices
may not look like many persons' traditional
idea of a wheel chair, three and four wheeled
devices, of many varied designs, are used by
individuals with disabilities and must be
transported. The definition of "common
wheelchair," developed by the Access Board,
is intended to help transit providers
determine which wheelchairs they have to
carry. The definition involves an "envelope "
relating to the Access Board requirements for
vehicle lifts.

A lift conforming to Access Board
requirements is 30" x 48" and capable of
lifting a wheelchair/occupant combination of
up to 600 pounds. Consequently, a common
wheelchair is one that fits these size and
weight dimensions. Devices used by
individuals with disabilities that do not fil
this envelope (e.g., may "gurneys ") do not
have to be carried.

Section 37.5 Nondiscrimination

This section states the general
nondiscrimination obligation for entities
providing transportation service. It should be
noted that virtually all public and private
entities covered by this regulation are also
covered by DO) regulations, which have more
detailed statements of general
nondiscrimination obligations.

Under the ADA, an entity may not consign
an individual with disabilities to a separate,
"segregated." service for such persons, if the
individual can in fact use the service for the
general public. This is true even if the
individual takes longer, or has more
difficulty, than other persons in using the
service for the general public.

One instance in which this principal
applies concerns the use of designated

priority seats (e.g., the so-called "elderly and
handicapped" seats near the entrances to
buses). A person with a disability (e.g., a
visual impairment) may choose to take
advantage of this accommodation or not. If
not, it is contrary to rule for the entity to
insist that the individual must sit in the
priority seats.

The prohibition on special charges applies
to charges for service to individuals with
disabilities that are higher than charges for
the same or comparable services to other
persons. For examples, if a shuttle service
charges $20.00 for a ride from a given location
to the airport for most people, it could not
charge $40.00 because the passenger had a
disability or needed to use the shuttle
service's lift-equipped van. Higher mileage
charges for using an accessible vehicle would
likewise be inconsistent with the rule. So
would charging extra to carry a service
animal accompanying an individual with a
disability.

If a taxi company charges $1.00 to stow
luggage in the trunk, it cannot charge $2.00 to
stow a folding wheelchair there. This
provision does not mean, however, that a
transportation provider cannot charge
nondiscriminatory fees to passengers with
disabilities. The taxi company in the above
example can charge a passenger $1.00 to stow
a wheelchair in the trunk; it is not required to
waive the charge. This section does not
prohibit the fares for paratransit service
which transit providers are allowed to charge
under § 37.131(d).

A requirement for an attendant is
inconsistent with the general
nondiscrimination principle that prohibits
policies that unnecessarily impose
requirements on mdividuals with disabilities
that are not imposed on others.
Consequently, such requirements are
prohibited. An entity is not required to
provide attendant services (e.g., assistance in
toileting, feeding, dressing) etc.

This provision must also be considered in
light of the fact that an entity may refuse
service to someone who engages in violent,
seriously disruptive, or illegal conduct. If an
entity may legitimately refuse service to
someone, it may condition service to him on
actions that would mitigate the problem. The
entity could require an attendant as a
condition of providing service it otherwise
had the right to refuse.

The rule also points out that involuntary
conduct related to a disability that may
offend or annoy other persons, but which
does not pose a direct treat, is not a basis for
refusal of transportation. For example, some
persons with Tourette's syndrome may make
involuntary profane exclamations. These may
be very annoying or offensive to others, but
would not be a ground for denial of service.
Nor would it be consistent with the
nondiscrimination requirements of this part
to deny service based on fear or
misinformation about the disability. For
example, a transit provider could not deny
service to a person with HIV disease because
its personnel or other passengers are afraid
of being near people with that condition.

This section also prohibits denials of
service or the placing on services of
conditions inconsistent with this part on

individuals with disabilities because of
insurance company policies or requirements.
If an insurance company told a transit
provider that it would withdraw coverage, or
raise rates, unless a transit provider refused
to carry persons with disabilities, or unless
the provider refused to carry three-wheeled
scooters, this would not excuse the provider
from providing the service as mandate by this
part. This is not a regulatory requirement on
insurance companies, but simply says that
covered entities must comply with this part,
even in the face of difficulties with their
insurance companies.

Section 37. 7 Standards for Accessible
Vehicles

This section makes clear that, in order to
meet accessibility requirements of this rule,
vehicles must comply with Access Board
standards, incorporated in DOT rules as 49
CFR part 38. Paragraph (b) of § 37.7 spells out
a procedure by which an entity (public or
private) can deviate from provisions of part
38 with respect to vehicles. The entity can
make a case to the Administrator that it is
unable to comply with a particular portion of
part 38, as written, for specified reasons, and
that it IS providing comparable compliance by
some alternative method. The entity would
have to describe how its alternative mode of
compliance would meet or exceed the level of
access to or usability of the vehicle that
compliance with part 38 would otherwise
provide.

It should be noted that equivalent
facilitation does not provide a means to get a
waiver of accessibility requirements. Rather,
it is a way in which comparable (not a lesser
degree of) accessibility can be provided by
other means. The entity must consult with the
public through some means of public
participation in devising its alternative form
of compliance, and the public input must be
reflected in the submission to the
Administrator (or the Federal Railroad
Administrator in appropriate cases, such as a
request concerning Amtrak). The
Administrator will make a case-by-case
decision about whether compliance with part
38 was achievable and, if not, weather the
proffered alternative complies with the
equivalent facilitation standard. DOT intends
to consult with the Access Board in making
these determinations.

This equivalent facilitation provision can
apply to buses or other motor vehicles as
well as to rail cars and vehicles. An example
of what could be an equivalent facilitation
would concern rail cars which would leave
too wide a horizontal gap between the door
and the platform. If the operator used a
combination of bridgeplates and personnel to
bridge the gap, it might be regarded as an
equivalent facilitation in appropriate
circumstances.

Section 37.7(c) clarifies which
specifications must be complied with for
over-the-road buses purchased by public
entities (under subpart D of part 37) or
private entities standing in the shoes of the
public entity (as described in § 37.23 of part
37). This section is necessary to make clear
that over-the-road coaches must be
accessible, when they are purchased by or in

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45735

furtherance of a contract with a pubhc entity.
While the October 4, 1990 rule specified that
over-the-road coaches must be accessible
under these circumstances, we had not
previously specified what constitutes
accessibility.

Accordingly, this paragraph specifies that
an over-the-road bus must have a lift which
meets the performance requirements of a
regular bus lift (see § 38.23) and must meet
the interim accessibility features specified for
all over-the-road buses in part 3, subpart G,

Section 37.9 Standards for Transportation
Facilities

This section makes clear that, in order to
meet accessibility requirements of this rule,
vehicles must comply with appendix A to
part 37, which incorporates the Access Board
facility guidelines.

Paragraph (b) of § 37.9 provides that, under
certain circumstances, existing accessibility
modifications to key station facilities do not
need to be modified further in order to
conform to appendix A. This is true even if
the standards under which the facility was
modified differ from the Access Board
guidelines or provide a lesser standard of
accessibility.

To qualify for this "grandfathering,"
alterations must have been before January 26,
1992. As in other facility sections of the rule,
an alteration is deemed to begin with the
issuance of a notice to proceed or work order.
The existing modifications must conform to
ANSI A-117.1, Specifications for Making
Buildings and Facilities Accessible to and
Usable by the Physically Handicapped 1980,
or the Uniform Federal Accessibility
Standard. (UPAS).

For example, if an entity used a Federal
grant or loan or money to make changes to a
building, it would already have had to
comply with the Uniform Federal
Accessibility Standards. Likewise, if a
private entity, acting without any federal
money in the project, may have complied
with the ANSI A117.1 standard. So long as
the work was done in conformity with the
standard that was in effect when the work
was done, the alteration will be considered
accessible.

However, because one modification was
made to a facility under one of these
standards, the entity still has a responsibility
to make other modifications needed to
comply with applicable accessibility
requirements. For example, if an entity has
made some modifications to a key station
according to one of these older standards, but
the modifications do not make the key station
entirely accessible as this rule requires, then
additional modifications would have to be
made according to the standards of appendix
A. Suppose this entity has put an elevator
into the station to make it accessible to
individuals who use wheelchairs. If the
elevator does not fully meet appendix A
standards, but met the applicable ANSI
standard when it was installed, it would not
need further modificalions now But if it had
not already done so. the entity would have lo
install a t,jLtile strip along the platform edge
in order to make the key station fully
accessible as provided in this rule. The tactile
strip would have to meet appendix A
requirements.

The rule specifically provides that
■grandfathering" applies only to alterations
of individual elements and spaces and only
to the extent that provisions covering those
elements or spaces are found in UFAS or
AHSI A117.1. For example, alterations to the
telephones in a key station may have been
carried out in order to lower them to meet the
requirements of UFAS, but
telecommunications devices for the deaf
(TDDs) were not installed. (Neither UFAS nor
the ANSI standard include requirements
concerning TDDs). However, because
appendix A does contain TDD requirements,
the key station must now be altered in
accordance with the standards for TDDs.
Similarly, earlier alteration of an entire
station in accordance with UFAS or the ANSI
standard would not relieve an entity from
compliance with any applicable provision
concerning the gap between the platform
between the platform and the vehicle in a key
station, because neither of these two
standards addresses the interface between
vehicle and platform.

New paragraph (c) of this section clarifies a
provision of the Access Board's standards
concerning the construction of bus stop pads
at bus stops. The final Access Board
standard (found at section 10.2.1(1) of
appendix A to part 37] has been rewritten
slightly to clear up confusion about the
perceived necessary construction of a bus
stop pad. Section 10.2.1(1) does not require
that anyone build a bus stop pad; it does
specify what a bus stop pad must look like, if
it is constructed. The further clarifying
language in § 37.9(c) explains that public
entities must exert control over the
construction of bus stop pads if they have the
ability to do so. The Access Board, as well as
DOT, recognize that most physical
improvements related to bus stops are out of
the control of the transit provider. Paragraph
(c) of § 37.9 merely notes that where a transit
provider does have control over the
construction, it must exercise that control to
ensure that the pad meets these
specifications.

One further clarification concerning the
implication of this provision deals with a bus
loading island at which buses pull up on both
sides of the island. It would be possible lo
read the bus pad specification to require the
island to be a minimum of 84 inches wide
(two widths of a bus stop pad), so that a lift
could be deployed from buses on both sides
of the island at the same time. A double-wide
bus pad. however, is likely to exceed
available space in most instances.

Where there is space, of course, building a
double-wide pad is one acceptable option
under this rule. However, the combination of
a pad of normal width and standard
operational practices may also suffice. (Such
practices could be offered as an equivalent
facilitation.) For example, buses on either
side of the island could stop at staggered
locations (i.e.. the bus on the left side could
stop several feet ahead of the bus on the right
side], so that even when buses were on both
sides of the island at once, their lifts could be
deployed without conflict. Where it is
possible, building the pad a little longer than
normal size could facilitate such an approach.
In a situation where staggered stop areas are

not feasible, an operational practice of
having one bus wait until the other's lift cycle
had been completed could do the job. Finally,
the specification does not require that a pad
be built at all. If there is nothing that can be
done to permit lift deployment on both sides
of an island, the buses can slop on the street,
or some other location, so long as the lift is
deployable.

Like § 37.7. this section contains a
provision allowing an entity to request
approval for providing accessibility through
an equivalent facilitation.

Section 37.11 Administrative Enforcement

This section spells out administrative
means of enforcing the requirements of the
ADA. Recipients of Federal financial
assistance from DOT (whether public or
private entities) are subject to DOT's section
504 enforcement procedures. The existing
procedures, including administrative
complaints to the DOT Office of Civil Rights,
investigation, attempts at conciliation, and
final resort to proceedings to cut off funds to
a noncomplying recipient, will continue lo be
used.

In considering enforcement matters, the
Department is guided by a policy that
emphasizes compliance. The aim of
enforcement action, as we see it, is to make
sure that entities meet their obligations, not
to impose sanctions for their own sake. The
Department's enforcement priority is on
failures to comply with basic requirements
and "pattern or practice" kinds of problems,
rather than on isolated operational errors.

Under the DO) rules implementing Title II
of the ADA (28 CFR part 35), DOT is a
"designated agency" for enforcement of
complaints relating lo transportation
programs of public entities, even if they do
not receive Federal financial assistance.
When it receives such a complaint, the
Department will investigate the complaint,
attempt conciliation and, if conciliation is not
possible, take action under section 504 and/
or refer the matter to the DO( for possible
further action.

Title III of the ADA does not give DOT any
administrative enforcement authority with
respect to private entities whose
transportation services are subject to part 37.
In its Title III rule (28 CFR part 36), DO|
assumes enforcement responsibility for all
Title III matters. If the Department of
Transportation receives complaints of
violations of part 37 by private entities, it will
refer the matters to the DO].

It should be pointed out that the ADA
includes other enforcement options.
Individuals have a private right of action
against entities who violate the ADA and its
implementing regulations. The DOJ can take
violators to court. These approaches are not
mutually exclusive with the administrative
enforcement mechanisms described in this
section. An aggrieved individual can
complain to DOT about an alleged
transportation violation and go to court at the
same time. Use of administrative
enforcement procedures is not, under titles II
and MI, an administrative remedy that
individuals must exhaust before taking legal
action.

45736 Federal Register / Vol. 56. No. 173 / Friday, September 6, 1991 / Rules and Regulations

We also would point out that the ADA
does not assert any blanket preemptive
authority over state or local
nondiscrimination laws and enforcement
mechanisms. While requirements of the ADA
and this regulation would preempt conflicting
state or local provisions (e.g., a building code
or zoning ordinance that prevents compliance
with appendix A or other facility
accessibility requirements, a provision of
local law that said bus drivers could not
leave their seats to help secure wheelchair
users), the ADA and this rule do not prohibit
states and localities from legislating in areas
relating to disability. For example, if a state
law requires a higher degree of service than
the ADA, that requirement could still be
enforced. Also, states and localities may
continue to enforce their own parallel
requirements. For example, it would be a
violation of this rule for a taxi driver to refuse
to pick up a person based on that person's
disability. Such a refusal may also be a
violation of a county's taxi rules, subjecting
the violator to a fine or suspension of
operating privileges. Both ADA and local
remedies could proceed in such a case.

Labor-management agreements cannot
stand in conflict with the requirements of the
ADA and this rule. For example, if a labor-
management agreement provides that vehicle
drivers are not required to provide assistance
to persons with disabilities in a situation in
which this rule requires such assistance, then
the assistance must be provided
notwithstanding the agreement. Labor and
management do not have the authority to
agree to violate requirements of Federal law.

Section 37. 13 Effective Date for Certain
Vehicle Lift Specifications.

This section contains an explicit statement
of the effective date for vehicle lift platform
specifications. The Department has decided
to apply the new 30" by 48" lift platform
specifications to solicitations after January
25, 1992. As in the October 4, 1990, rule
implementing the acquisition requirements:
the date of a solicitation is deemed to be the
closing date for the submission of bids or
offers in a procurement.

Subpart B — Applicability

Section 37.21 Applicability. — General

This section emphasizes the broad
applicability of part 37. Unlike section 504,
the ADA and its implementing rules apply to
entities whether or not they receive Federal
financial assistance. They apply to private
and public entities alike. For entities which
do receive Federal funds, compliance with
the ADA and part 37 is a condition of
compliance with section 504 and 49 CFR part
27, DOT'S section 504 rule.

Virtually all entities covered by this rule
also are covered by DO| rules, either under
28 CFR part 36 as state and local program
providers or under 28 CP"R part 35 as
operators of places of public accommodation.
Both sets of rules apply; one does not
override the other. The DOT rules apply only
to the entity's transportation facilities,
vehicles, or services: the DO) rules may cover
the entity's activities more broadly. For
example, if a public entity operates a transit
system and a zoo, DOT's coverage would

slop at the transit system's edge, while DO|'s
rule would cover the zoo as well.

DOT and DO) have coordinated their rules,
and the rules have been drafted to be
consistent with one another. Should, in the
context of some future situation, there be an
apparent inconsistency between the two
rules, the DOT rule would control within the
sphere of transportation services, facilities
and vehicles.

Section 37.23 Service Under Contract

This section requires private entities to
"stand in the shoes" of public entities with
whom they contract to provide transportation
services. It ensures that, while a public entity
may contract out its service, it may not
contract away its ADA responsibilities. The
requirement applies primarily to vehicle
acquisition requirements and to service
provision requirements.

If a public entity wishes to acquire vehicles
for use on a commuter route, for example, it
must acquire accessible vehicles. It may
acquire accessible over-the-road buses, it
may acquire accessible full-size transit buses,
it may acquire accessible smaller buses, or it
may acquire accessible vans. It does not
matter what kind of vehicles it acquires, so
long as they are accessible. On the other
hand, if the public entity wants to use
inaccessible buses in its existing fleet for the
commuter service, it may do so. All
replacement vehicles acquired in the future
must, of course, be accessible.

Under this provision, a private entity which
contracts to provide this commuter service
stands in the shoes of the public entity and is
subject to precisely the same requirements (it
is not required to do more than the public
entity). If the private entity acquires vehicles
used to provide the service, the vehicles must
be accessible. If it cannot, or chooses not to,
acquire an accessible vehicle of one type, it
can acquire an accessible vehicle of another
type. Like the public entity, it can provide the
service with inaccessible vehicles in its
existing fleet.

The import of the provision is that it
requires a private entity contracting to
provide transportation service to a public
entity to follow the rules applicable to the
public entity. For the time being, a private
entity operating in its own right can purchase
a new over-the-road bus inaccessible to
individuals who use wheelchairs. When that
private entity operates service under contract
to the public entity, however, it is just as
obligated as the public entity itself to
purchase an accessible bus for use in that
service, whether or not it is an over-the-road
bus.

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 obstensibly for other
service provided by the entity and then
regularly rotating it into service under the
contract.

The "stand in the shoes" requirement is
applicable only to the vehicles and service
(public entity service requirements, like
§ 37.163, apply to a private entity in these
situations) provided under contract to a
public entity. Public entity requirements
clearly do not apply to all phases of a private
entity's operations, just because it has a
contract with a public entity. For example, a
private bus company, if purchasing buses for
service under contract to a public entity, must
purchase accessible buses. The same
company, to the extent permitted by the
private entity provisions of this part, may
purchase inaccessible vehicles for its tour
bus operations.

The Department also notes that the "stands
in the shoes" requirement may differ
depending on the kind of service involved.
The public entity's "shoes" are shaped
differently, for example, depending on
whether the public entity is providing fixed
route or demand responsive service to the
general public. In the case of demand
responsive service, a public entity is not
required to buy an accessible vehicle if its
demand responsive system, when viewed in
its entirety, provides service to individuals
with disabilities equivalent to its service to
other persons. A private contractor providing
a portion of this paratransif service would
not necessarily have to acquire an accessible
vehicle if this equivalency test is being met
by the system as a whole. Similarly, a public
entity can, after going through a "good faith
efforts " search, acquire inaccessible buses. A
private entity under contract to the public
can do the same. "Stand in the shoes" may
also mean that, under some circumstances, a
private contractor need not acquire
accessible vehicles. If a private company
contracts with a public school district to
provide school bus service, it is covered, for
that purpose, by the exemption for public
school transportation.

In addition, the requirement that a private
entity play by the rules applicable to a public
entity can apply in situations involving an
"arrangement or other relationship" with a
public entity other than the traditional
contract for service. For example, a private
utility company that operates what is, in
essence, a regular fixed route public
transportation system for a city, and which
receives section 3 or 9 funds from UMTA via
an agreement with a state or local
government agency, would fall under the
provisions of this section. The provider would
have to comply with the vehicle acquisition,
paratransit, and service requirements that
would apply to the public entity through
which it receives the UMTA funds, if that
public entity operated the system itself. The
Department would not, however, construe
this section to apply to situations in which
the degree of UMTA funding and state and
local agency involvement is considerably

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45737

less, or in which the system of transportation
involved is not a de facto surrogate for a
traditional public entity fixed route transit
system serving a city (e.g., a private non-
profit social service agency vvhich receives
UMTA section 16(b)(2) funds to purchase a
vehicle).

This section also requires that a public
entity not diminish the percentage of
accessible vehicles in its fleet through
contracting. For example, suppose a public
entity has 100 buses in its fleet, of which 20
are accessible, meaning that 20 percent of its
fleet is accessible. The entity decides to add
a fixed route, for which a contractor is
engaged. The contractor is supplying ten of
its existing inaccessible buses for the fixed
route. To maintain the 20 percent
accessibility ratio, there would have to be 22
accessible buses out of the 110 buses now in
operation in carrying out the public entity's
service. The public entity could maintain its
20 percent level of accessibility through any
one or more of a number of means, such as
having the contractor to provide two
accessible buses, retrofitting two if its own
existing buses, or accelerating replacement of
two of its own inaccessible buses with
accessible buses.

This rule applies the "stand in the shoes"
principle to transactions wholly among
private entities as well. For example, suppose
a taxi company (a private entity primarily
engaged in the business of transporting
people) contracts with a hotel to provide
airport shuttle van service. With respect to
that service, the taxi company would be
subject to the requirements for private
entities not primarily in the business of
transporting people, since it would be
"standing in the shoes" of the hotel for that
purpose.

Section 37.25 University Transportation
Systems

Private university-operated transportation
systems are subject to the requirements of
this rule for private entities not primarily
engaged in the business of transporting
people. With one important exception, public
university-operated transportation systems
are subject to the requirements of the rule for
public entities. The nature of the systems
involved — demand-responsive or fixed
route — determines the precise requirements
involved.

For public university fixed route systems,
public entity requirements apply. In the case
of fixed route systems, the requirements for
commuter bus service would govern. This has
the effect of requiring the acquisition of
accessible vehicles and compliance with
most other provisions of the rule, but does
not require the provision of complementary
paratransit or submitting a paratransit plan.
As a result, private and public universities
will have very similar obligations under the
rule.

Section 37.27 Transportation for
Elementary and Secondary Education
Systems

This section restates the statutory
exemption from public entity requirements
given to public school transportation. This
extension also applies to transportation of

pre-school children to Head Start or special
education programs which receive Federal
assistance. It also applies to arrangements
permitting pre-school children of school bus
drivers to ride a school bus or allowing
teenage mothers to be transported to day
care facilities at a school or along a school
bus route so that their mothers may continue
to attend school (See H. Rept. 101-^85, pt. 1 at
27). The situation for private schools is more
complex. According to the provision, a
private elementary or secondary school's
transportation system is exempt from
coverage under this rule if all three of the
following conditions are met: (1) The school
receives Federal financial assistance; (2) the
school is subject to section 504: and (3) the
school's transportation system provides
transportation services to individuals with
disabilities, including wheelchair users,
equivalent to those provided to individuals
without disabilities. The test of equivalency
is the same as that for other private entities,
and is described under § 37.105. If the school
does not meet all these criteria, then it is
subject to the requirements of Part 37 for
private entities not primaiily engaged in the
business of transporting people.

The Department notes that, given the
constitutional law on church-state separation,
it is likely that church-affiliated private
schools do not receive Federal financial
assistance. To the extent that these schools'
transportation systems are operated by
religious entities or entities controlled by
religious organizations, they are not subject
to the ADA at all, so this section does not
apply to them.

Section 37.29 Privat'^ Providers of Taxi
Service

This section first recites that providers of
taxi service are private entities primarily
engaged in the business of transporting
people which provide demand responsive
service. For purposes of this section, other
transportation services that involve calling
for a car and a driver to take one places (e.g.,
limousine services, of the kind that provide
luxury cars and chauffeurs for senior proms
and analogous adult events) are regarded as
taxi services.

Under the ADA, no private entity is
required to purchase an accessible
automobile. If a taxi company purchases a
larger vehicle, like a van, it is subject to the
same rules as any other private entity
primarily engaged in the business of
transporting people which operates a demand
responsive service. That is, unless it is
already providing equivalent service, any van
it acquires must be accessible. Equivalent
service is measured according to the criteria
of § 37.105. Taxi companies are not required
to acquire vehicles other than automobiles to
add accessible vehicles to their fleets.

Taxi companies are subject to
nondiscrimination obligations. These
obligations mean, first, that a taxi service
may not deny a ride to an individual with a
disability who is capable of using the taxi
vehicles. It would be discrimination to pass
up a passenger because he or she was blind
or used a wheelchair, if the wheelchair was
one that could be stowed in the cab and the
passenger could transfer to a vehicle seat.

Nor could a taxi company insist that a
wheelchair user wait for a lift-equipped van if
the person could use an automobile.

It would be discrimination for a driver to
refuse to assist with stowing a wheelchair in
the trunk (since taxi drivers routinely assist
passengers with stowing luggage). It would
be discrimination to charge a higher fee or
fare for carrying a person with a disability
than for carrying a non-disabled passenger,
or a higher fee for stowing a wheelchair than
for stowing a suitcase. (Charging the same fee
for stowing a wheelchair as for stowing a
suitcase would be proper, however.) The fact
that it may take somewhat more time and
effort to serve a person with a disability than
another passenger does not justify
discriminatory conduct with respect to
passengers with disabilities.

State or local governments may run user-
side subsidy arrangements for the general
public (e.g.. taxi voucher systems for senior
citizens or low-income persons). Under the
DO| title II rule, these programs would have
to meet "program accessibility" requirements,
which probably would require that accessible
transportation be made available to senior
citizens or low-income persons with
disabilities. This would not directly require
private taxi providers who accept the
vouchers to purchase accessible vehicles
beyond the requirements of this rule,
however.

Section 37.3] Vanpools

This provision applies to public vanpool
systems the requirements for public entities
operating demand responsive systems for the
general public. A public vanpool system is
one operated by a public entity, or in which a
public entity owns or purchases or leases the
vehicles. Lesser degrees of public
involvement with an otherwise private
ridesharing arrangement (e.g., provision of
parking spaces, HOV lanes, coordination or
clearinghouse services) do not convert a
private into a public system.

The requirement for a public vanpool
system is that it purchase or lease an
accessible vehicle unless it can demonstrate
that it provides equivalent service to
individuals with disabilities, including
individuals who use wheelchairs, as it
provides to individuals without disabilities.
For a public vanpool system, the equivalency
requirement would be met if an accessible
vehicle is made available to and used by a
vanpool when an individual with a disability
needs such a vehicle to participate. Public
vanpool systems may meet this requirement
through obtaining a percentage of accessible
vehicles that is reasonable in light of demand
for them by participants, but this is not
required, so long as the entity can respond
promptly to requests for participation in a
vanpool with the provision of an accessible
van when needed.

There is no requirement for private
vanpools, defined as a voluntary
arrangement in which the driver is
compensated only for expenses.

Section 37.33 Airport Transportation
Systems

Fixed route transportation systems
operated by public airports are regarded by

45738 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

this section as fixed route commuter bus
systems. As such, shuttles among terminals
and parking lots, connector systems among
the airport and a hmited number of other
local destmations must acquire accessible
buses, but are not subject to complementary
paratransit requirements. (If a public airport
operates a demand responsive system for the
general public, it would be subject to the
rules for demand responsive systems for the
general public.)

It should be noted that this section applies
only to transportation services that are
operated by public airports themselves (or by
private contractors who stand in their shoes).
When a regular urban mass transit system
serves the airport, the airport is simply one
portion of its service area, treated for
purposes of this rule like the rest of its
service area.

Virtually all airports are served by taxi
companies, who are subject to § 37.29 at
airports as elsewhere. In addition, many
airports are served by jitney or shuttle
systems. Typically, these systems operate in
a route-devia'ion or similar variable mode in
which there are passenger-initiated decisions
concerning destinations. We view such
systems as demand responsive transportation
operated by private entities primarily
engaged in the business of transporting
people.

Since many of these operators are small
businesses, it may be difficult for them to
meet equivalency requirements on their own
without eventually having all or nearly all
accessible vehicles, which could pose
economic problems. One suggested solution
to this problem is for the operators serving a
given airport to form a pool or consortium
arrangement, in which a number of shared
accessible vehicles would meet the
transportations of individuals with
disabilities. As in other forms of
transportation, such an arrangement would
have to provide service in a
nondiscriminatory way (e.g., in an integrated
setting, no higher fares for accessible
service).

Section 37.35 Supplemental Service for
Other Transportation Modes

This section applies to a number of
situations in which an operator of another
transportation mode uses bus or other service
to connect its service with limited other
points.

One instance is when an intercity railroad
route is set up such that the train stops
outside the major urban center which is the
actual destination for many passengers.
Examples mentioned to us include bus
service run by Amtrak from a stop in
Columbus. Wisconsin, to downtown
Madison, or from San jose to San Francisco.
Such service is fixed route, from the train
station to a few points in the metropolitan
area, with a schedule keyed to the train
schedule. It would be regarded as commuter
bus service, meaning that accessible vehicles
would have to be acquired but
complementary paratransit was not required.

Another instance is one in which a
commuter rail operator uses fixed route bus
service as a dedicated connection to, or
extension of, its rail service. The service may

go to park and ride lots or other destinations
beyond the vicinity of the rail line. Again, this
service shares the characteristics of
commuter bus service that might be used
even if the rail line were not present, and
does not attempt to be a comprehensive mass
transit bus service for the area.

Of course, there may be instances in which
a rail operator uses demand responsive
instead of fixed route service for a purpose of
this kind. In that case, the demand responsive
system requirements of the rule would apply.

Private entities (i e,. those operating places
of public accommodation) may operate
similar systems, as when a cruise ship
operator provides a shuttle or connector
between an airport and the dock. This service
is covered by the rules governing private
entities not primarily engaged in the business
of transporting people. Fixed route or demand
responsive rules apply, depending on the
characteristics of the system involved.

One situation not explicitly covered in this
section concerns ad hoc transportation
arranged, for instance, by a rail operator
when the train does not wind up at its
intended destination. For example, an
Amtrak train bound for Philadelphia may be
halted at Wilmington by a track blockage
between the two cities. Usually, the carrier
responds by providing bus service to the
scheduled destination or to the next point
where rail service can resume.

The service that the carrier provides in this
situation is essentially a continuation by
other means of its primary service, Wc view
the obligation of the rail operator as being to
ensure that all passengers, including
individuals with disabilities, are provided
service lo the destination in a
nondiscriminatory manner. This includes, for
instance, providing service in the most
integrated setting appropriate to the needs of
the individual and service that gets a
passenger with a disability to the destination
as soon as other passengers.

Section 37.37 Other Applications

The ADA specifically defines "public
entity," Anything else is a "private entity,"
The statute does not include in this definition
a private entity that receives a subsidy or
franchise from a state or local government or
is regulated by a public entity. Only through
the definition of "operates" (see discussion of
§ 37,23) do private entities' relationships to
public entities subject private entities to the
requirements for public entities.
Consequently, in deciding which provisions
of the rule to apply to an entity in other than
situations covered by § 37.23, the nature of
the entity — public or private — is
determinative.

Transportation service provided by public
accommodations is viewed as being provided
by private entities not primarily engaged in
the business of transporting people. Either the
provisions of this Part applicable to demand
responsive or fixed route systems apply,
depending on the nature of a specific system
at a specific location. The distinction
between fixed route and demand responsive
systems is discussed in connection with the
definitions section above. It is the
responsibility of each private entity, in the
first instance, to assess the nature of each

transportation system on a case-by-case
basis and determine the applicable rules.

On the other hand, conveyances used for
recreational purposes, such as amusement
park rides, ski lifts, or historic rail cars or
trolleys operated in museum sellings, are not
viewed as transportalion under this nile at
all. Other conveyances may fit into this
category as well.

The criterion for determining what
requirements apply is whether the
conveyances are primarily an aspect of the
recreational experience itself or a means of
getting from Point A to Point B. At a theme
park, for instance, a large roller coaster
(though a "train" of cars on a track) is a
public accommodation not subject to this
rule; the tram that transports the paying
customers around the park, with a slop at the
roller coaster, is a transportation system
subject to the "private, not primarily"
provisions of this part.

Employer-provided transportation for
employees is not covered by this Part, but by
EEOC rules under title I of the ADA. (Public
entities are also subject to DOJ's title II rules
with respect to employment.) This exclusion
from part 37 applies to transportation
services provided by an employer (whether
access to motor pool vehicles, parking
shuttles, employer-sponsored van pools) that
is made available solely to its own
employees. If an employer provides service to
its own employees and other persons, such as
workers of other employers or customers, it
would be subject to the requirements of this
Part from private entities not primarily
engaged in the business of transporting
people or public entities, as applicable.

The rule looks to the private entity actually
providing the transportation service in
question in determining whether the "private,
primarily" or "private, not primarily" rules
apply. For example, Conglomerate, Inc.. owns
a variety of agribusiness, petrochemical,
weapons system production, and fast food
corporations. One of its many subsidiaries,
Green Tours, Inc., provides charter bus
service for people who want to view National
Parks, old-growth forests, and other
environmentally significant places. It is
probably impossible to say in what business
Conglomerate, Inc. is primarily engaged, but
it clearly is not transporting people. Green
Tours, Inc., on the other hand, is clearly
primarily engaged in the business of
transporting people, and the rule treats it as
such.

On the other hand, when operating a
transportation service off to the side of to the
main business of a public accommodation
(eg,, a hotel shuttle), the entity as a whole
would be considered. Even if some dedicated
employees are used to provide the service,
shuttles and other systems provided as a
means of getting to. from, or around a public
accommodation remain solidly in the
"private, not primarily" category.

Subpart C — Transportation Facilities

Section 37.41 Construction of
Transportation Facilities by Public Entities

Section 37.41 contains the general
requirement that all new facilities
constructed after January 25, 1992. be

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45739

accessible to and usable by individuals with
disabilities. This provision tracks the statute
closely, and is analogous to a provision in the
DO| regulations for private entities. Section
226 of the ADA provides little discretion in
this requirement.

The requirement is keyed to construction
which "begins" after January 25, 1992. The
regulation defines "begin" to mean when a
notice to proceed order has been issued. This
term has a standard meaning in the
construction industry, as an instruction to the
contractor to proceed with the work.

Questions have been raised concerning
which standards apply before January 26.
1992. There are Federal requirements that
apply to all recipients of federal money,
depending on the circumstances.

First, if an entity is a Federal recipient and
uses Federal dollars to construct the facility.
regulations implementing section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794),
require the recipient to comply with the
Uniform Federal Accessibility Standards.

Second, since the Civil Rights Restoration
Act of 1987 (Pub. L. 100-259). an operation of
a recipient of federal funds would also have
to comply with section 504, even though the
activity was not paid for with Federal funds.
Thus, the Uniform Federal Accessibility
Standards would apply to this construction
as well.

As mentioned above, the Department
intends, in the period before January 26, 1991,
to view compliance with section 504 in light
of compliance with ADA requirements (this
point applies to alterations as well as new
construction). Consequently, in reviewing
requests for grants, contract approvals,
exemptions, etc., (whether with respect to
ongoing projects or new, experimental, or
one-time efforts), the Department will, as a
policy matter, seek to ensure compliance with
ADA standards.

Section 37.43 Alteration of Transportation
Facilities by Public Entities

This section sets out the accessibility
requirements that apply when a public entity
undertakes an alteration of an existing
facility. In general, the section requires that
any alteration, to the maximum extent
feasible, results in the altered area being
accessible to and usable by individuals with
disabilities, including persons who use
wheelchairs. The provisions follow closely
those adopted by the DOJ, in its regulations
implementing title III of the ADA.

The section requires specific activities
whenever an alteration of an existing facility
is undertaken.

First, if the alteration is made to a primary
function area, (or access to an area
containing a primary function), the entity
shall make the alteration in such a way as to
ensure that the path of travel to the altered
area and the restrooms, telephones and
drinking fountains servicing the altered area
are readily accessible to and usable by
individuals with disabilities, including
individuals who use wheelchairs.

Second, alterations to drinking fountains,
telt.'phones. and leslrooms do not h.ive to he
completed if the cost and scope of making
them accessible is disproportionate

Third, the requirement goes into effect for
alterations begun after January 25. 1992.

Fourth, the term "maximum extent
feasible" means that all changes that are
possible must be made. The requirement to
make changes to the maximum extent
feasible derives from clear legislative history.
The Senate Report states —

The phrase "to the maximum extent
feasible" has been included to allow for the
occasional case in which the nature of an
existing facility is such as to make it virtually
impossible to renovate the building in a
manner that results in its being entirely
accessible to and usable by individuals with
disabilities. In all such cases, however, the
alteration should provide the maximum
amount of physical accessibility feasible.

Thus, for example the term "to the
maximum extent feasible" should be
construed as not requiring entities to make
building alterations that have little likelihood
of being accomplished without removing or
altering a load-bearing structural member
unless the load-bearing structural member is
otherwise being removed or altered as part of
the alteration. (S. Rept. 101-116, at 68).

Fifth, primary function means a major
activity for which the facility is intended.
Primary function areas include waiting areas,
ticket purchase and collection areas, tram or
bus platforms, baggage checking and return
areas, and employment areas (with some
exceptions stated in the rule, for areas used
by service personnel that are very difficult to
access).

Sixth, "path of travel" means a continuous,
unobstructed way of pedestrian passage by
means of which the altered area may be
approached, entered, and exited, and which
connects the altered area with an exterior
approach and includes restrooms, telephones,
and drinking fountains serving the altered
area. If changes to the path of travel are
disproportionate, then only those changes
which are not disproportionate are to be
completed.

Seven, the final rule specifies that costs
exceeding 20 percent would be
disproportionate. This is consistent with the
DOJ. In determining costs, the Department
intends costs to be based on changes to the
passenger service area that is scheduled for
alteration.

Finally, the Department has defined the
term "begin", in the context of begin an
alteration that is subject to the alteration
provision to mean when a notice to proceed
or work order is issued. Two terms are used
(instead of only notice to proceed in the
context of new construction) because many
alterations may be carried out by the entity
itself, in which case the only triggering event
would be a work order or similar
authorization to begin.

In looking at facility concepts like
"disproportionality" and "to the maximum
extent feasible," the Department will
consider any expenses related to
accessibility for passengers. It is not relevant
to consider non-passenger related
improvements (e.g., installing a new track
bed) or to permit "gold-plating" (attributing to
accessibility costs the expense of non-relaled
improvements, such as charging to
accessibility costs the price of a whole new
door, when only adding a new handle to the
old door was needed for accessibility).

Section 37.47 Key Stations in Light and
Rapid Rail Systems

Section 37.51 Key Stations in Commuter
Rail Systems

These sections require that key stations in
light, rapid, and commuter rail systems be
made accessible as soon as practicable, but
no later than July 26, 1993. Being made
accessible, for this purpose, means complying
with the applicable provisions of appendix A
to this part. "As soon as practicable" means
that, if modification can be made before July
26, 1993, they must be. A rail operator that
failed to make a station accessible by July
1993 would be in noncompliance with the
ADA and this rule, except in a case where an
extension of time had been granted.

What is a key station? A key station is one
designated as such by the commuter
authority or light/rapid rail operator, through
the planning process and public participation
process set forth in this section. The five
criteria listed in the regulation are intended
to guide the selection process but, while the
entity must take these criteria into account
(and this consideration must be reflected in
the planning process and documents), they
are not mandatory selection standards. That
is, it is not required that every station that
meets one of the criteria be designated as a
key station. Since the criteria are not
mandatory selection standards, the
understanding of their terms is also a matter
appropriately left to the planning process. A
tight, legalistic definition is not necessary in
the context of factors intended for
consideration. For instance, what constitutes
a major activity center or how close a station
needs to be to another station to not be
designated as key depend largely on local
factors that it would not be reasonable to
specify in this rule.

Given the wide discretion permitted to rail
operators in identifying key stations, there
would be no objection to identifying as a key
station a new (presumably accessible) station
now under construction. Doing so would
involve consideration of the key station
criteria and would be subject to the planning/
public participation process.

If an extension to a rail system (e.g., a
commuter system) is made, such that the
system comes to include existing inaccessible
stations that have not previously been part of
the system, the Department construes the
ADA to require application of key station
accessibility in such a situation. The same
would be true for a new start commuter rail
system that began operations using existing
stations. Key station planning, designation of
key stations, and with being consistent with
the ADA would be required. The Department
would work with the commuter authority
involved on a case-by-case basis to
determine applicable time limits for
accessibility, consistent with the time frames
of the ADA,

The entity must develop a compliance plan,
subject to the public participation and
planning process set forth in paragraph (d) of
each of these sections. Note that this plan
must be completed by July 26, 1992, not
January 26, 1992, as in the case of paratransit
plans. The key station plans must be

45740 Federal Register / Vol. 56. No. 173 / Friday, September 6. 1991 / Rules and Regulations

submitted to UMTA at that time. (The statute
does not require UMTA approval of the
plans, however).

A rail operator may request an extension of
the July 1993 completion deadline for
accessibility modifications to one or more
key stations. The extension for light and
rapid rail stations can be up to July 2020,
though two thirds of the key stations (per the
legislative history of the statute, selected in a
way to maximize accessibility to the whole
system) must be accessible by July 2010.

Commuter rail stations can be extended up
to July 2010.

Requests for extension of time must be
submitted by [uly 26, 1992. UMTA will review
the requests on a station-by-station basis
according to the statutory criterion, which is
whether making the station accessible
requires extraordinarily expensive
alterations. An extraordinarily expensive
alteration is raising the entire platform,
installing an elevator, or making another
alteration of similar cost and magnitude. If
another means of making a station accessible
(e.g., installation of a mini-high platform in a
station where it is not necessary to install an
elevator for to provide access to the platform
for wheelchair users), then an extension can
be granted only if the rail operator shows
that the cost and magnitude of the alteration
is similar in to that of an elevator installation
or platform raising.

The rule does not include a specific
deadline for UMTA consideration of an
extension request. However, since we are
aware that, in the absence of an extension
request, accessibility must be completed by
July 1993, we will endeavor to complete
review of plans as soon as possible, to give
as much lead time as possible to local
planning and implementation efforts.

Once an extension is granted, the
extension applies to all accessibility
modifications in the station. However, the
rail operator should not delay non-
extraordinarily expensive modifications to
the station. The key station plan and any
extension request should include a schedule
for phasing In non-extraordinarily expensive
modifications to the station. For example,
even if a key station is not going to be
accessible to wheelchair users for 15 years.
pending the installation of an elevator, the
rail operator can improve its accessibility to
persons with visual impairments by installing
tactile strips.

An extension cannot be granted except for
a particular station which needs an
extraordinarily expensive modification. An
extension cannot be granted non-
extraordinarily expensive changes to Station
B because the extraordinarily expensive
changes to Station A will absorb many
resources. Non-extraordinarily expensive
changes, however costly considered
collectively for a system, are not, under the
statute, grounds for granting an extension to
one or more stations or the whole system.
Only particular stations where an
extraordinarily expensive modification must
be made qualify for extensions.

The UMTA Administrator can approve,
modify, or disapprove any request for an
extension. For example, it is not a forgone
conclusion that a situation for which an

extension is granted will have the maximum
possible extension granted. If it appears that
the rail operator can make some stations
accessible sooner, UMTA can grant an
extension for a shorter period (e.g., 2005 for a
particular station rather than 2010).

Section 37.49 Designation of Responsible
Personfsj for Intercity and Commuter Rail
Stations

This section sets forth a mechanism for
determining who bears the legal and financial
responsibility for accessibility modifications
to a commuter and/or intercity rail station.
The final provision of the section is the most
important. It authorizes all concerned parties
to come to their own agreement concerning
the allocation of responsibility. Such an
agreement can allocate responsibility in any
way acceptable to the parties. The
Department strongly encourages parties to
come to such an agreement.

In the absence of such an agreement, a
statutory/regulatory scheme allocates
responsibility. In the first, and simplest,
situation posed by the statute, a single public
entity owns more than 50 percent of the
station. In this case, the public entity is the
responsible person and nobody else is
required to bear any of the responsibility.

In the second situation, a private entity
owns more than 50 percent of the station. The
private entity need not bear any of the
responsibility for making the station
accessible. A public entity owner of the
station, who does not operate passenger
railroad service through the station, is not
required to bear any of the responsibility for
making the station accessible. The total
responsibility is divided between passenger
railroads operating service through the
station, on the basis of respective passenger
boardings. If there is only one railroad
operating service through the station, it bears
the total responsibility.

The Department believes that reference to
passenger boardings is the most equitable
way of dividing responsibility among
railroads, since the number of people drawn
to the station by each is likely to reflect "cost
causation" quite closely. The Department
notes, however, that, as passenger boarding
percentages change over time, the portion of
responsibility assigned to each party also
may change. Station modifications may
involve long-term capital investment and
planning, while passenger boarding
percentages are more volatile. Some railroads
may stop serving a station, while others may
begin service, during the period of time
before modifications to the station are
complete. To help accommodate such
situations, the rule refers to passenger
boardings "over the entire period during
which the station is made accessible."

This language is intended to emphasize
that as circumstances change, the parties
involved have the responsibility to adjust
their arrangements for cost sharing. For
example, suppose Railroad A has 30 percent
of the passenger boardings in year 1, but by
year 10 has 60 percent of the boardings. It
would not be fair for Railroad A to pay only
30 percent of the costs of station
modifications occurring in later years.
Ultimately, the total cost burden for

modifying the station over (for example) 20
years would be allocated on the share of the
total number or boardings attributable to
each railroad over the whole 20 year period,
in order to avoid such unfairness.

The third, and most complicated, situation
IS one in which no party owns 50 percent of
the station. For example, consider the
following hypothetical situation:

Party

percentage

Boardings
percentage

40
30

0
30

City

Amtrak

The private freight railroad drops out of the
calculation of who is responsible. All of the
responsibility would be allocated among four
public entities: the city (a public entity who
does not operate railroad service), Amtrak,
and the two commuter railroads. Half the
responsibility would go to public entity
owners of the station (whether or not they
are railroads who run passenger service
through the station). The other half of the
responsibility would go to railroads who run
passenger service through the station
(whether or not they are station owners).

On the ownership side of the equation, the
city and Commuter A each own half of that
portion of the station that is not owned by the
private freight railroad. Therefore, the two
parties divide up the ownership half of the
responsibility equally. Based on their
ownership interest, each of these two parties
bears 25 percent of the responsibility for the
entire station. Note that, should ownership
percentages or owners change over the
period during which the station is to be made
accessible, these percentages may change. It
is ownership percentage over this entire
period that ultimately determines the
percentage of responsibility.

On the passenger rail operations side of the
equation, 50 percent of passenger boardings
are attributable to Commuter A and 25
percent each to Commuter B and Amtrak.
Therefore, half of this portion of the
responsibility belongs to Commuter A, while
a quarter share each goes to the other
railroads This means that, based on
passenger boardings, 25 percent of the
responsibility goes to Commuter A, 12.5
percent to Commuter B. and 12.5 percent to
Amtrak. Again, it is the proportion of
passenger boardings over the entire length of
the period during which the station is made
accessible that ultimately determines the
percentage of responsibility.

In this hypothetical. Commuter A is
responsible for a total of 50 percent of the
responsibility for the station. Commuter A is
responsible for 25 percent of the
responsibility because of its role as a station
owner and another 25 percent because of its
operation of passenger rail service through
the station.

The Department recognizes that there will
be situations in which application of this
scheme will be difficult (e.g., involving
problems with multiple owners of a station

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45741

whose ownership percentages may be
difficult to ascertain). The Department agam
emphasizes that agreement among the parties
is the best way of resolving these problems,
but we are willing to work with the parties to
ensure a solution consistent with this rule.

Section 37.53 Exception for New York and
Philadelphia

Consistent with the legislative history of
the ADA, this section formally recognizes the
selection of key stations in two identified
litigation settlement agreements in New York
and Philadelphia as in compliance with the
ADA. Consequently, the entities involved can
limit their key station planning process to
issues concerning the timing of key station
accessibility. The section references also
§ 37.9, which provides that key station
accessibility alterations which have already
been made, or which are begun before
January 26, 1992, and which conform to
specified prior standards, do not have to be
re-modified. On the other hand, alterations
begun after |anuary 25, 1992 (including
forthcoming key station modifications under
the New York and Philadelphia agreements),
must meet the requirements of appendix A to
this part.

This is an exception only for the two
specified agreements. There are no situations
in which other cities can take advantage of
this provision. Nor are the provisions of the
two agreements normative for other cities.
Other cities must do their own planning, with
involvement from local citizens, and cannot
rely on agreements unique to New York and
Philadelphia to determine the appropriate
number of percentage of key stations or other
matters.

Section 37.57 Required Cooperation

This section implements § 242(e)(2)(C) of
the ADA, which treats as discrimination a
failure, by an owner or person in control of
an intercity rail station, to provide
reasonable cooperation to the responsible
persons' efforts to comply with accessibility
requirements. For example, the imposition by
the owner of an unreasonable insurance bond
from the responsible person as a condition of
making accessibility modifications would
violate this requirement. See H. Rept. 101—485
at 53.

The statute also provides that failure of the
owner or person in control to cooperate does
not create a defense to a discrimination suit
against the responsible person, but the
responsible person would have a third party
action against the uncooperative owner or
person in control. The rule does not restate
this portion of the statute in the regulation,
since it would be implemented by the courts
if such an action is brought. Since
cooperation is also a regulatory requirement,
however, the Department couid entertain a
section 504 complaint against a recipient of
Federal funds who failed to cooperate.

The House Energy and Commerce
Committee provided as an example of an
action under this provision a situation in
which a failure to cooperate leads to a
construction delay, which in turn leads to a
lawsuit by an individual with disabilities
against the responsible person for missing an
accessibility deadline. The responsible

person could not use the lack of cooperation
as a defense in the lawsuit, but the
uncooperative party could be made to
indemnify the responsible person for
damages awarded the plaintiff Also, a
responsible person could obtain an injunction
to force the recalcitrant owner or controller
of the station to permit accessibility work to
proceed. [Id.]

This provision does not appear to be
intended to permit a responsible person to
seek contribution for a portion of the cost of
accessibility work from a party involved with
the station whom the statute and § 37.49 do
not identify as a responsible person. It simply
provides a remedy for a situation in which
someone impedes the responsible person's
efforts to comply with accessibility
obligations.

Section 37.59 Differences in Accessibility
Completion Date Requirements

Portions of the same station may have
different accessibility completion date
requirements, both as the result of different
statutory time frames for different kinds of
stations and individual decisions made on
requests for extension. The principle at work
in responding to such situitions is that if part
of a station may be made accessible after
another part, the "late" part of the work
should not gel in the way of people's use of
modifications resulting from the "early" part.

For example, the commuter part of a
station may have to be made accessible by
July 1993 (e.g., there is no need to install an
elevator, and platform accessibility can be
achieved by use of a relatively inexpensive
mini-high platform). The Amtrak portion of
the same station, by statute, is required to be
accessible as soon as practicable, but no
later than July 2010. If there is a common
entrance to the station, that commuter rail
passengers and Amtrak passengers both use,
or a common ticket counter, it would have to
be accessible by )uly 1993. If there were a
waiting room used by Amtrak passengers but
not commuter passengers (who typically
stand and wait on the platform at this
station), it would not have to be accessible
by [uly 1993, but if the path from the common
entrance to the commuter platform went
through the waiting room, the path would
have to be an accessible path by July 1993.

Section 37.61 Public Transportation
Programs and Activities in Existing Eac ill ties

This section implements section 228(a) of
the ADA and establishes the general
requirement for entities to operate their
transportation facilities in a manner that,
when viewed in its entirety, is accessible to
and usable by individuals with disabilities.
The section clearly excludes from this
requirement access by persons in
wheelchairs, unless these changes would be
necessitated by the alterations or key station
provisions.

This provision is intended to cover
activities and programs of an entity that do
not rise to the level of alteration. Even if an
entity is not making alterations to a facility, it
has a responsibility to conduct its program in
an accessible manner. Examples of possible
activities include user friendly farecards,
schedules, of edge detection on rail platforms.

adequate lighting, telecommunication display
devices (TDDs) or text telephones, and other
accommodations for use by persons with
speech and hearing impairments, signage for
people with visual impairments, continuous
pathways for persons with visual and
ambulatory impairments, and public address
systems and clocks.

The Department did not prescribe one list
of things that would be appropriate for all
stations. For example, we believe that tactile
strips are a valuable addition to platforms
which have dropoffs. We also believe that
most larger systems, to the extent they
publish schedules, should make those
schedules readily available in alternative
formats. We encourage entities to find this
another area which benefits from its
commitment to far-reaching public
participation efforts.

Subpart D — Acquisition of Accessible
Vehicles by Public Entities

Section 37. 71 Purchase or Lease of New
Non-Rail Vehicles by Public Entities
Operating Fixed Route Systems

This section sets out the basic acquisition
requirements for a public entity purchasing a
new vehicle. Generally, the section requires
any public entity who purchases or leases a
new vehicle to acquire an accessible vehicle.
There is a waiver provision if lifts are
unavailable and these provisions track the
conditions in the ADA. One statutory
condition, that the public entity has made a
good faith effort to locate a qualified
manufacturer to supply the lifts, presumes a
direct relationship between the transit
provider and the lift manufacturer. In fact, it
is the bus manufacturer, rather than the
transit provider directly, who would have the
task of looking for a supplier of lifts to meet
the transit provider's specifications. The task
must still be performed, but the regulation
does not require the transit provider to obtain
actual information about available lifts.
Rather the bus manufacturer obtains the
information and provides this assurance to
th(» entity applying for the waiver, and the
entity may rely on this representation. More
specifically, the regulation requires that each
waiver request must include a copy of the
written solicitation (showing that it requested
lift-equipped vehicles) and written responses
from lift manufacturers to the vehicle
manufacturer documenting their inability to
provide the lifts. The information from the lift
manufacturer must also include when the lifts
will be available.

In addition, the waiver request must
include copies of advertisements in trade
publications and inquiries to trade
associations seeking lifts for the buses. The
public entity also must include a full
justification for the assertion that a delay in
the bus procurement sufficient to obtain a lift-
equipped bus would significantly impair
transportation services in the communitv
There is no length of time that would be a per
se delay constituting a "significan*
impairment". It will be more difficult to
obtain a waiver if a relatively short rather
than relatively lengthy delay is involved. A
showing of timetables, absent a showing of
significant impairment of actual transit

45742 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

services, would not form a basis for granting
a waiver.

Any waiver granted by the Department
under this provision will be a conditional
waiver. The conditions are intended to
ensure that the waiver provision does not
create a loophole in the accessible vehicle
acquisition requirement that Congress
intended to impose. The ADA requires a
waiver to be limited in duration and the rule
requires a termination date to be included.
The date will be established on the basis of
the information the Department receives
concerning the availability of lifts in the
waiver request and elsewhere. In addition, so
that a waiver does not become open-ended, it
will apply only to a particular procurement. If
a transit agency wants a waiver for a
subsequent delivery of buses in the
procurement, or another procurement
entirely, it will have to make a separate
waiver request.

For example, if a particular order of buses
is delivered over a period of time, each
delivery would be the potential subject of a
waiver request. First, the entity would
request a waiver for the first shipment of
buses. If all of the conditions are met, the
waiver would be granted, with a date
specified to coincide with the due date of the
lifts. When the lifts become available those
buses would have to be retrofitted with the
lifts. A subsequent delivery of buses — on the
same order — would have to receive its own
waiver, subject to the same conditions and
specifications of the first waiver.

The purpose of the waiver, as the
Department construes it, is to address a
situation in which (because of a sudden
increase in the number of lift-equipped buses
requested) lift manufacturers are unable to
produce enough lifts to meet the demand in a
timely fashion.

Section 37. 73 Purchase or Lease of Used
Non-Rail Vehicles by Public Entities
Operating a Fixed Route System

The basic rule is that an acquisition of a
used vehicle would have to be for an
accessible vehicle.

There is an exception, however, for
situations in which the transit provider
makes a good faith effort to obtain accessible
used vehicles but does not succeed in fir,ding
them. The ADA requires transit agencies to
purchase accessible used vehicles, providing
a "demonstrated good faith efforts" exception
to the requirement. The reports of the Senate
Committee on Labor and Human Resources
and the House Committee on Education and
Labor offered the following guidance on what
"good faith efforts" involve:

The phrase "demonstrated good faith
efforts" is intended to require a nationwide
search and not a search limited to a
particular region. For instance, it would not
be enough for a transit operator to contact
only the manufacturer where the transit
authority usually does business to see if there
are accessible used buses. It involves the
transit authority advertising in a trade
magazine, i.e., Passenger Transport, or
contacting the transit trade association,
American Public Transit Association (Al^FA),
to determine whether accessible used
vehicles are available. It is the Committee's

expectation that as the number of buses with
lifts increases, the burden on 'he transit
authority to demonstrate its inability to
purchase accessible vehicles despite good
faith efforts will become more and more
difficult to satisfy. S.Rept. 101-116 at 49;
H.Rept. 101-485 at 90.

Consistent with this guidance, this section
requires that good faith efforts include
specifying accessible vehicles in bid
solicitations. The section also requires that
the entity retain for two years documentation
of that effort, and that the information be
available to UMTA and the public.

It does not meet the good faith efforts
requirement to purchase inaccessible, rather
than accessible, used buses, just because the
former are less expensive, particularly if the
difference is a difference attributable to the
presence of a lift. There may be situations in
which good faith efforts involve buying fewer
accessible buses in preference to more
inaccessible buses.

The public participation requirements
involved in the development of the
paratransit plans for all fixed route operators
requires an ongoing .--elationship, including
extensive outreach, to the community likely
to be using its accessible service. We believe
that it will be difficult to comply with the
public participation requirements and not
involve the affected community in the
decisions concerning the purchase or lease of
used accessible vehicles.

There is an exception to these
requirements for donated vehicles. Not all
"zero dollar" transfers are donations,
however. The legislative history to this
provision provides insight.

It is not the Committee's intent to make the
vehicle accessibility provisions of this title
applicable to vehicles donated to a public
entity. The Committee understands that it is
not usual to donate vehicles to a public
entity. However, there could be instances
where someone could conceivably donate a
bus to a public transit operator in a will. In
such a case, the transit operators should not
be prevented from accepting a gift.

The Committee does not intend that this
limited exemption for donated vehicles be
used to circumvent the intent of the ADA. For
example, a local transit authority could not
arrange to be the recipient of donated
inaccessible buses. This would be a violation
of the ADA. S. Rpt. 101-116, at 46; H. Rpt.
101^86, at 87.

Entities interested in accepting donated
vehicles must submit a request to UMTA to
verify that the transaction is a donation.

There is one situation, in which a vehicle
has prior use is not treated as a used vehicle.
If a vehicle has been remanufactured. and it
IS within the period of the extension of its
useful life, it is not viewed as a used vehicle
(see H. Rept. 101-185, Pt 1 at 27). During this
period, such a vehicle may be acquired by
another entity without going through the good
faith efforts process. This is because, at the
time of its remanufacture. the bus would have
been made as accessible if feasible. When
the vehicle has completed its extended useful
life (e.g., the beginning of year six when its
useful life has extended five years), it
becomes subject to used bus requirements.

Section 37.75 Remanufacture of Non-Rail
Vehicles and Purchase or Lease of
Remanufactured Non-rail Vehicles by Public
Entities Operating Fixed Route Systems ,

This section tracks the statute closely, and
contains the following provisions. First, it
requires any public entity operating a fixed
route system to purchase an accessible
vehicle if the acquisition occurs after August
25, 1990, if the vehicle is remanufactured after
August 25, 1990, or the entity contracts or
undertakes the remanufacture of a vehicle
after August 25, 1990. The ADA legislative
history makes it clear that remanufacture is
to include changes to the structure of the
vehicle which extend the useful life of the
vehicle for five years. It clearly is not
intended to capture things such as engine
overhauls and the like.

The term remanufacture, as used in the
ADA context, is different from the use of the
term in previously issued UMTA guidance.
The term has a specific m.eaning under the
ADA; there must be structural work done to
the vehicle and the work must extend the
vehicle's useful life by five years.

The ADA imposes no requirements on
what UMTA traditionally considers bus
rehabilitation. Such work involves rebuilding
a bus to original specifications and focuses
on mechanical systems and interiors. Often
this work includes replacing components. It is
less extensive than remanufacture.

The statute, and the rule, includes an
exception for the remanufacture of historical
vehicles. This exception applies to the
remanufacture of or purchase of a
remanufactured vehicle that (1) is of historic i
character; (2) operates solely on a segment of
a fixed route system which is on the National
Register of Historic Places; and (3) making
the vehicle accessible would significantly
alter the historic character of the vehicle. The
exception only extends to the remanufacture
that would alter the historic character of the
vehicle. All modifications that can be made
without altering the historic character (such
as slip resistant flooring) must be done.

Sect JO n 37.77 Purchase or Lease of New
Non-Rail Vehicles by Public Entities
Operating a Demand Responsive System for
the General Public

Section 224 of the ADA requires that a
public entity operating a demand responsive
system purchase or lease accessible new
vehicles, for which a solicitation is made
after August 25, 1990, unless the system,
when viewed in its entirety, provides a level
of service to individuals with disabilities,
including individuals who use wheelchairs,
equivalent to the level of service provided to
individuals without disabilities. This section
is the same as the October 4, 1990 final rule
which promulgated the immediately effective
acquisition requirements of the ADA.

The Department has been asked to clarify
what "accessible when viewed in its
entirety" means in the context of a demand
responsive system being allowed to purchase
an inaccessible vehicle. First, it is important
to note that this exception applies only to
demand responsive systems (and not fixed m
route systems). The term "equivalent service"^
was discussed during the passage of the

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45743

ADA. Material from the legislative history
indicates that "when viewed in its entirety/
equivalent service" means that "when all
aspects of a transportation system are
analyzed, equal opportunities for each
individual with a disability to use the
transportation system must exist. (H. Rept.
101-184, Pt. 2, at 95; S. Rept. 101-116 at 54).
For example, both reports said that "the time
delay between a phone call to access the
demand responsive system and pick up the
individual is not greater because the
individual needs a lift or ramp or other
accommodation to access the vehicle." [Id.]

Consistent with this, the Department has
specified certain service criteria that are to
be used when determining if the service is
equivalent. As in previous rulemakings on
this provision, the standards (which include
service area, response time, fares, hours and
days of service, trip purpose restrictions,
information and reservations capability, and
other capacity constraints) are not absolute
standards. They do not say, for example, that
a person with a disability must be picked up
in a specified number of hours. The
requirement is that there must be equivalent
service for all passengers, whether or not
they have a disability. If the system provides
service to persons without disabilities within
four hours of a call for service, then
passengers with disabilities must be afforded
the same service.

The Department has been asked
specifically where an entity should send its
"equivalent level of service" certifications.
We provide the following: Equivalent level of
service certifications should be submitted to
the state program office if you are a public
entity receiving UMTA funds through the
state. All other entities should submit their
equivalent level of service certifications to
the UMTA regional office (listed in appendix
B of this part). Certifications must be
submitted before the acquisition of the
vehicles.

Paragraph (e) of this section authorizes a
waiver for the unavailability of lifts. Since
demand responsive systems need not
purchase accessible vehicles if they can
certify equivalent service, the Department
has been asked what this provision is doing
in this section.

Paragraph (e) applies in the case in which
an entity operates a demand responsive
system, which is not equivalent, and the
entity cannot find accessible vehicles to
acquire. In this case, the waiver provisions
applicable to a fixed route entity purchasing
or leasing inaccessible new vehicles applies
to the demand responsive operator as well.

Section 37. 79 Purchase or Lease of New
Rail Vehicles by Public Entities Operating
Rapid or Light Rail Systems

This section echoes the requirement of
§ 37.71 — all new rail cars must be accessible.

Section 37.81 Purchase or Lease of Used
Rail Vehicles by Public Entities Operating
Rapid or Light Rail Systems

This section lays out the requirements for a
public entity acquiring a used rail vehicle.
The requirements and standards are the same
as those specified for non-rail vehicles in
§ 37.73. While we recognize it may create

difficulties for entities in some situations, the
statute does not include any extension or
short-term leases. The Department will
consider, in a case-by-case basis, how the
good faith efforts requirement would apply in
the case of an agreement between rail
carriers to permit quick-response, short-term
leases of cars over a period of time.

Section 37.83 Remanufacture of Rail
Vehicles and Purchase or Lease of
Remanufactured Rail Vehicles by Public
Entities Operating Rapid or Light Rail
System

This section parallels the remanufacturing
section for buses, including the exception for
historical vehicles. With respect to an entity
having a class of historic vehicles that may
meet the standards for the historic vehicle
exception (e.g., San Francisco cable cars), the
Department would not object to a request for
application of the exception on a system-
wide, as approved to car-by-car, basis.

Section 37.85 Purchase or Lease of New
Intercity and Commuter Rail Cars

This section incorporates the statutory
requirement that new intercity and commuter
rail cars be accessible. The specific
accessibility provisions of the statute (for
example, there are slightly different
requirements for intercity rail cars versus
commuter rail cars) are specified in part 38 of
this regulation. These standards are adopted
from the voluntary guidelines issues by the
Access Board. The section basically parallels
the acquisition requirements for buses and
other vehicles. It should be noted that the
definition of commuter rail operator clearly
allows for additional operators to qualify as
commuter, since the definition describes the
functional characteristics of an operator, as
well as listing existing commuter rail
operators.

We would point out that the ADA applies
this requirement to all new vehicles. This
includes not only vehicles and systems that
currently are being operated in the U.S., but
new, experimental, or imported vehicles and
systems. The ADA does not stand in the way
of new technology, but it does require that
new technology, and the benefits it brings, be
accessible to all persons, including those with
disabilities. This point applies to all vehicle
acquisition provisions of this regulation,
whether for rail or non-rail, private or public,
fixed route or demand responsive vehicles
and systems.

Section 37.87 Purchase or Lease of Used
Intercity and Commuter Rail Cars

The section also parallels closely the
requirements in the ADA for the purchase or
lease of accessible used rail vehicles. We
acknowledge that, in some situations, the
statutory requirement for to make good faith
efforts to acquire accessible used vehicles
may create difficulties for rail operators
attempting to lease rail cars quickly for a
short time (e.g., as fill-ins for cars which need
repairs). In some cases, it may be possible to
mitigate these difficulties through means such
as making good faith efforts with respect to
an overall agreement between two rail
operators to make cars available to one
another when needed, rather than each time
a car is provided under such an agreement.

Section 37.89 Remanufacture of Intercity
and Commuter Rail Cars

This section requires generally that
remanufactured cars be made accessible, to
the maximum extent feasible. Feasible is
defined in paragraph (c) of the section to be
"unless an engineering analysis demonstrates
that remanufacturing the car to be accessible
would have a significant adverse effect on
the structural integrity of the car." Increased
cost is not a reason for viewing other sections
of this subpart concerning remanufactured
vehicles.

In addition, this section differs from the
counterpart sections for non-rail vehicles and
light and rapid rail vehicles in two ways.
First, the extension of useful life needed to
trigger the section is ten rather than five
years. Second, there is no historic vehicle
exception. Both of these differences are
statutory.

Remanufacture of vehicles implies work
that extends their expected useful life of the
vehicle. A mid-life overhaul, not extending
the total useful life of the vehicle, would not
be viewed as a remanufacture of the vehicle.

Section 37.93— One Car Per Train Rule
This section implements the statutory
directive that all rail operators (light, rapid,
commuter and intercity) have at least one car
per train accessible to persons with
disabilities, including individuals who use
wheelchairs by July 26, 1995. (See ADA
sections 242(a)(1), 242(b)(1), 228(b)(1).)
Section 37.93 contains this general
requirement. In some cases, entities will meet
the one-car-per train rule through the
purchase of new cars. In this case, since all
new rail vehicles have to be accessible,
compliance with this provision is
straightforward.

However, certain entities may not be
purchasing any new vehicles by July 26, 1995,
or may not be purchasing enough vehicles to
ensure that one car per train is accessible. In
these cases, these entities will have to retrofit
existing cars to meet this requirement. What
a retrofitted car must look like to meet the
requirement has been decided by the Access
Board. These standards are contained in part
38 of this rule.

We would point that, consistent with the
Access Board standards, a rail system using
mini-high platforms or wayside lifts is not
required, in most circumstances, to "double-
stop" in order to give passengers a chance to
board the second or subsequent car in a train
at the mini-high platform or way-side lift. The
only exception to this would be a situation in
which all the wheelchair positions spaces in
the first car were occupied. In this case, the
train would have to double-stop to allow a
wheelchair user to board, rather than passing
the person by when there was space
available in other than the first car.

Section 37.95 Ferries and Other Passenger
Vessels

Although at this time there are no specific
requirements for vessels, ferries and other
passenger vessels operated by public entities
are subject to the requirements of § 37.5 of
this part and applicable requirements of 28

45744 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

CFR part 35, the DO| rule under title II of the
ADA.

Subpart E — Acquisition of Accessible
Vehicles by Private Entities

Section 37.101 Purchase or Lease of Nan-
Rail Vehicles by Private Entities Not
Primarily Engaged in the Business of
Transporting People

Section 37. 103 Purchase or Lease of New
Non-Rail Vehicles by Private Entities
Primarily Engaged in the Business of
Transporting People

Section 37.105 Equivalent Service Standard

The first two sections spell out the
distinctions among the different types of
service elaborated in the ADA and
requirements that apply to them. For clarity,
we provide the following chart.

Private Entities "Not Primarily
Engaged"

System type

Fixed Route .
Fixed Route

Demand
Responsive.

Vehicle
capacity

Acquire
accessible
vehicle

Acquire
accessible
vehicle, or
equivalency.

Acquire
accessible
vehicle, or
equivalency

Equivalency-
see §37 171

Private Entities "Primarily Engaged'

System type

Vehicle type/
capacity

Requirement

Fixed route

All new

Acquire

vehicles

accessible

except auto,

vehicle

van with less

than 8

capacity, or

over the road

bus

Demand

Same as above

Acquire

responsive.

accessible
vehicle, or
equivalency

Either fixed

New vans with

Same as

route or

a capacity of

above

demand

less than 8

responsive

Equivalency, for purposes of these
requirements, is spelled out in § 37.105. It is
important to note that some portions of this
section (referring to response time,
reservations capacity, and restrictions on trip
purpose) apply only to demand responsive
systems. Another provision (schedules/
headways) applies only to fixed route
systems. This is because these points of
comparison apply only to one or the other
type system. The remaining provisions apply
to both kinds of systems.

In applying the provisions this section, it is
important to note that they are only points of

comparison, not substantive criteria. For
example, unlike the response time criterion of
§ 37.131, this section does not require that a
system provide any particular response time.
All it says is that, in order for there to be
equivalency, if the demand responsive
system gets a van to a non-disabled person in
2 hours, or 8 hours, or a week and a half after
a call for service, the system must get an
accessible van to a person with a disability in
2 hours, or 8 hours, or a week and a half.

The vehicle acquisition and equivalency
provisions work together in the following
way. A private entity is about to acquire a
vehicle for a transportation service in one of
the categories to which equivalency is
relevant. The entity looks at its present
service (considered without regard to the
vehicle it plans to acquire). Does the present
service meet the equivalency standard? (In
answering this question, the point of
reference is the next potential customer who
needs an accessible vehicle. The fact that
such persons have not called in the past is
irrelevant). If not, the entity is required to
acquire an accessible vehicle. If so, the entity
may acquire an accessible or an inaccessible
vehicle. This process must be followed every
time the entity purchases or leases a vehicle.
Given changes in the mixes of both customers
and vehicles, the answer to the question
about equivalency will probably not be the
same for an entity every time it is asked.

One difference between the requirements
for "private, not primarily" and "private,
primarily" entities is that the requirements
apply to all vehicles purchased or leased for
the former, but only to new vehicles for the
latter. This means that entities in the latter
category are not required to acquire
accessible vehicles when they purchase or
lease used vehicles. Another oddity in the
statute which entities should note is that the
requirement for "private, primarily" entities
to acquire accessible vans with less than
eight passenger capacity (or provide
equivalent service) does not become effective
until after February 25, 1992 (This also date
also applies no private entities "primarily
engaged" which purchase passenger rail
cars). All other vehicle acquisition
requirements became effective after August
25, 1990.

The Department views the line between
"private, primarily" and "private, not
primarily" entities as being drawn with
respect to the bus, van, or other service
which the entity is providing. For example,
there is an obvious sense in which an airline
or car rental company is primarily engaged in
the business of transporting people. If the
airline or car rental agency runs a shuttle bus
from the airport terminal to a downtown
location or a rental car lot, however, the
Department views that shuttle service as
covered by the "private, not primarily"
requirements of the rule (see discussion of
the Applicability sections above). This is
because the airline or car rental agency is not
primarily engaged in the business of
providing transportation by bus or van. The
relationship of the bus or van service to an
airline's main business is analogous to that of
a shuttle to a hotel. For this purpose, it is of
only incidental interest that the main
business of the airline is flying people around

the country instead of putting them up for the
night.

Section 37. 109 Ferries and Other Passenger
Vessels

Although at this time there are no specific
requirements for vessels, ferries and other
passenger vessels operated by private
entities are subject to the requirements of
§ 37.5 of this part and applicable
requirements of 28 CFR part 36. the DOJ rule
under title III of the ADA.

Subpart F — Paratransit as a Complement to
Fixed Route Service

Section 37. 121 Requirement for Comparable
Complementary Paratransit Service

This section sets forth the basic
requirement that all public entities who
operate a fixed route system have to provide
paratransit service that is both comparable
and complementary to the fixed route service.
By "complementary," we mean service that
acts as a "safety net" for individuals with
disabilities who cannot use the fixed route
system. By "comparable," we mean service
that meets the service criteria of this subpart.

This requirement applies to light and rapid
rail systems as well as to bus systems, even
when rail and bus systems share all or part of
the same service area. Commuter bus,
commuter rail and intercity rail systems do
not have to provide paratransit, however. The
remaining provisions of subpart F set forth
the details of the eligibility requirements for
paratransit, the service criteria that
paratransit systems must meet, the planning
process involved, and the procedures for
applying for waivers based on undue
financial burden.

Paratransit may be provided by a variety of
modes. Publicly operated dial-a-ride vans,
service contracted out to a private
paratransit provider, user-side subsidy
programs, or any combination of these and
other approaches is acceptable. Entities who
feel it necessary to apply for an undue
financial burden waiver should be aware that
one of the factors UMTA will examine in
evaluating waiver requests is effi^ciencies the
provider could realize in its paratransit
service. Therefore, it is important for entities
in this situation to use the most economical
and efficient methods of providing
paratransit they can devise.

It is also important for Jhem to establish
and consistently implement strong controls
against fraud, waste and abuse in the
paratransit system. Fraud, waste and abuse
can drain significant resources from a system
and control of these problems is an important
"efficiency for any paratransit system. It will
be difficult for the Department to grant an
undue financial burden waiver to entities
which do not have a good means of
determining if fraud, waste and abuse are
problems and adequate methods of
combating these problems, where they are
found to exist.

Section 37.123 ADA Paratransit
Eligibility— Standards

General Provisions

This section sets forth the minimum
requirements for eligibility for

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45745

complementary paratransil service. All fixed
route operators providing complementary
paratransit must make service available at
least to individuals meeting these standards.
The ADA does not prohibit providing
paratransit service to anyone. Entities may
provide service to additional persons as well.
Since only service to ADA eligible persons is
required by the rule, however, only the costs
of this service can be counted in the context
of a request for an undue financial burden
waiver.

When the rule says that ADA paratransit
eligibility shall be strictly limited to persons
in the eligible categories, then, it is not saying
that entities are in any way precluded from
serving other people. It is saying that the
persons who must be provided service, and
counting the costs of providing them service,
in context of an undue burden waiver, are
limited to the regulatory categories.
Temporary Disabilities

Eligibility may be based on a temporary as
well as a permanent disability. The
individual must meet one of the three
eligibility criteria in any case, but can do so
for a limited period of time. For example, if
an individual breaks both legs and is in two
casts for several weeks, becomes a
wheelchair user for the duration, and the bus
route that would normally take him to work
is not accessible, the individual could be
eligible under the second eligibility category.
In granting eligibility to such a person, the
entity should establish an expiration date for
eligibility consistent with the expected end of
the period disability.
Trip-by-Trip Eligibility

A person may be ADA paratransit eligible
for some trips but not others. Eligibility does
not inhere in the individual or his or h«T
disability, as such, but in meeting the
functional criteria of inability to use the fixed
route system established by the ADA. This
inability is likely to change with differing
circumstances.

For example, someone whose impairment-
related condition is a severe sensitivity to
temperatures below 20 degrees is not
prevented from using fixed route transit when
the temperature is 75 degrees. Someone
whose impairment-related condition is an
inability to maneuver a wheelchair through
snow is not prevented from using fixed route
transit when there is no snow on the ground.
Someone with a cognitive disability may
have learned to take the same bus route to a
supported employment job every day. This
individual is able to navigate the system for
work purposes and therefore would not be
eligible for paratransit for work trips. But the
individual may be unable to get to other
destinations on the bus system without
getting lost, and would be eligible for
paratransit for non-work trips. Someone who
normally drives his own car to a rail system
park and ride lot may have a specific
impairment related condition preventing him
from getting to the station when his car is in
the shop. A person who can use accessible
fixed route service can go to one destination
on an accessible route; another destination
would require the use of an inaccessible
route. The individual would be eligible for the
latter but not the former.

In many cases, though the person is eligible
for some trips but not others, eligibility
determinations would not have to be made
literally on a trip-by-trip basis. It may often
be possible to establish the conditions on
eligibility as part of the initial eligibility
determination process. Someone with a
temperature sensitivity might be granted
seasonal eligibility. Somebody who is able to
navigate the system for work but not non-
work trips could have this fact noted in his or
her eligibility documentation. Likewise,
someone with a variable condition (e.g.,
multiple sclerosis, HIV disease, need for
kidney dialysis) could have their eligibility
based on the underlying condition, with
paratransit need for a particular trip
dependent on self-assessment or a set of
medical standards (e.g., trip within a certain
amount of time after a dialysis session). On
the other hand, persons in the second
eligibility category (people who can use
accessible fixed route service where it exists)
would to be given service on the basis of the
particular route they would use for a given
trip.

Because entities are not precluded from
providing service beyond that required by the
rule, an entity that believes it is too difficult
to administer a program of trip-by-trip
eligibility is not required to do so. Nothing
prevents an entity from providing all
requested trips to a person whom the ADA
requires to receive service for only some
trips. In this case, if the entity intends to
request an undue financial burden waiver,
the entity, as provided in the undue burden
provisions of this rule, must estimate, by a
statistically valid technique, the percentage
of its paratransit trips that are mamdated by
the ADA. Only that percentage of its total
costs will be counted in considenng th«
undue burden waiver request.
Category 1 Eligibility

The first eligibility category includes,
among others, persons with mental or visual
impairments who, as a result, cannot
"navigate the system." This eligibility
category includes people who cannot board,
ride, or disembark from an accessible
vehicles "without the assistance of another
individual." This means that, if an individual
needs an attendant to board, ride, or
disembark from an accessible fix«d route
vehicles (including "navigating the system"),
the individual is eligible for paratransit. One
implication of this language is that an
individual does not lose paratransit eligibility
based on "inability to navigate the system"
because the individual chooses to travel with
a friend on the paratransit system (even if the
friend could help the person navigate the
fixed route system). Eligibility in this
category is based on ability to board, ride,
and disembark independently.

Mobility training (e.g., of persons with
mental or visual impairments) may help to
improve the ability of persons to navigate the
system or to get to a bus slop. Someone who
is successfully mobility trained to use the
fixed route system for all or some trips need
not be provided paratransit service for those
trips. The Department encourages entities to
sponsor such training as a means of assisting
individuals to use fixed route rather than
paratransit.

Category 2 Eligibility

The second eligibility criterion is the
broadest, with respect to persons with
mobility impairments, but its impact should
be reduced over time as transit systems
become more accessible. This category
applies to persons who could use accessible
fixed route transportation, but accessible
transportation is not being used at the time,
and on the route, the persons would travel.
This concept is route based, not system
based.

Speaking first of bus systems, if a person is
traveling from Point A to Point B on route 1.
and route 1 is accessible, the person is not
eligible for paratransit for the trip. This is
true even though other portions of the system
are still inaccessible. If the person is traveling
from Point A to Point C on route 2, wh+ch is
not accessible, the person is eligible for that
trip. If the person is traveling from potet A to
Point B on accessible route 1, with a transfer
at B to go on inaccessible route 3 to Point D,
then the person is eligible for the second leg
of the trip. (The entity could chooee to
provide a paratransit trip from A la D or a
paratransit or on-call bus tnp from B to D.)

For purposes oi this standard, we view a
route as accessible when aU buses scheduled
on the route are acceseible. Othermse, it is
unlikely that an accessible vehicle cauid be
provided "within a reasonable pe«od<rf [aj
time" when the individual wants to travel, as
the pixsvision reqaiT^s. We «?cogniza MmH
some systems' operations may not be
organized in a way that peitaits deietaiiuag
whether a given route is accessible, even
though a route-by-route det«rminafioa
appears to be contemplated by the stJiute. Ixi
such cases, it may be that catejory 2
eligibility would persist until the eotire
system was eligible.

With respect to a rail system, aji individual
is eligible under this standard if, on ths ro«*B
or line he or she waats to use. there i» Kot yet
one car per train accessibl* or if k«y statioRS
are not yet accessible. Thi* eJi^ibitity retT»ains
even if bus systems covering the area served
by the rail system have become 100 percent
accessible. This is necessax-y because people
use rail systems for different kinds of trips
than bus systems. It would often take much
rr.ure in the way of time, trouble, and
transfers for a person to go on the buses of
one or more transit authorities than to have a
direct trip provided by the rail operator.
Since bus route systems are often designed to
teed rail systems rather than duplicate them.
It may often be true that " you can't get there
from here" relying entirely on bus routes or
the paratransit service area that parallels
them.

If the lift on a vehicle cannot be deployed
at a particular stop, an individual is eligible
for paratransit under this category with
respect to the service to the inaccessible stop.
If on otherwise accessible route 1, an
individual wants to travel from Point A to
Point E, and the lift cannot be deployed at E,
the individual is eligible for paratiaasii for
the trip. (On-call bus would not work as a
mode of providing this trip, since a bus lift
will not deploy at the stop.) This is true even
though service from Point A to all other
points on the line is fully accessible. In this

45746 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

circumstance, the entity should probably
think seriously about working with the local
government involved to have the stop moved
or made accessible.

When we say that a lift cannot be
deployed, we mean literally that the
mechanism will not work at the location to
permit a wheelchair user or other person with
a disability to disembark or that the lift will
be damaged if it is used there. It is not
consistent with the rule for a transit provider
to declare a stop off-limits to someone who
uses the lift while allowing other passengers
to use the stop. However, if temporary
conditions not under the operator's control
(e.g., construction, an accident, a landslide)
make it so hazardous for anyone to
disembark that the stop is temporarily out of
service for all passengers may the operator
refuse to allow a passenger to disembark
using the lift.
Category 3 Eligibility

The third eligibility criterion concerns
individuals who have a specific impairment-
related condition which prevents them from
getting to or from a stop or station. As noted
in the legislative history of the ADA, this is
intended to be a "very narrow exception" to
the general rule that difficulty in traveling to
or from boarding or disembarking locations is
not a basis for eligibility.

What is a specific impairment-related
condition? The legislative history mentions
four examples: Chronic fatigue, blindness, a
lack of cognitive ability to remember and
follow directions, or a special sensitivity to
temperature. Impaired mobility, severe
communications disabilities (e.g., a
combination of serious vision and hearing
impairments), cardiopulmonary conditions, or
various other serious health problems may
have similar effects. The Department does
not believe that it is appropriate, or even
possible, to create an exhaustive list.

What the rule uses as an eligibility
criterion is not just the existence of a specific
impairment-related condition. To be a basis
for eligibility, the condition must prevent the
individual from traveling to a boarding
location or from a disembarking location. The
word "prevent" is very important. For
anyone, going to a bus stop and waiting for a
bus is more difficult and less comfortable
than waiting for a vehicle at one's home. This
is likely to be all the more true for an
individual with a disability. But for many
persons with disabilities, in many
circumstances, getting to a bus stop is
possible. If an impairment related condition
only makes the job of accessing transit more
difficult than it might otherwise be, but does
not prevent the travel, then the person is not
eligible.

For example, in many areas, there are not
yet curb cuts. A wheelchair user can often gel
around this problem by taking a less direct
route to a destination than an ambulatory
person would take. That involves more time,
trouble, and effort than for someone without
a mobility impairment. But the person can
still get to the bus stop. On the basis of 'hese
architectural barriers, the person would not
be eligible.

Entities are cautioned that, particularly in
cases involving lack of curb cuts and ether
architectural barrier problems, assertions of

eligibility should be given tight scrutiny. Only
if it is apparent from the facts of a particular
case that an individual cannot find a
reasonable alternative path to a location
should eligibility be granted.

If we add a foot of snow to the scenario,
then the same person taking the same route
may be unable to get to the bus stop. If is not
the snow alone that stops him; it is the
interaction of the snow and the fact that the
individual has a specific-impairment related
condition that requires him to push a
wheelchair through the snow that prevents
the travel.

Inevitably, some judgment is lequired to
distinguish between situations in which
travel is prevented and situations in which it
is merely made more difficult. In the
Department's view, a case of "prevented
travel" can be made not only where travel is
literally impossible (e.g., someone cannot find
the bus stop, someone cannot push a
wheelchair through the foot of snow or up a
steep hill) but also where the difficulties are
so substantial that a reasonable person with
the impairment-related condition in question
would be deterred from making the trip.

The regulation makes the interaction
between an impairment-related condition and
the environmental barrier (whether distance,
weather, terrain, or architectural barriers) the
key to eligibility determinations. This is an
individual determination. Depending on the
specifics of their impairment-related
condition, one individual may be able to get
from his home to a bus stop under a given set
of conditions, while his next-door neighbor
may not.
Companions

The ADA requires entities to provide
paratransit to one person accompanying the
eligible individual, with others served on a
space-available basis. The one individual
who IS guaranteed space on the vehicle can
be anyone — family member, business
associate, friend, date, etc. The provider
cannot limit the eligible individual's choice of
type of companion. The transit authority may
require that the eligible individual reserve a
space for the companion when the individual
reserves his or her own ride. This one
individual rides even if this means that there
is less room for other eligible individuals.
Additional individuals beyond the first
companion are carried only on a space
available basis; that is, they do not displace
other ADA paratransit eligible individuals.

A personal care attendant (i.e.. someone
designated or employed specifically to help
the eligible individual meet his or her
personal needs) always may ride with the
eligible individual. If there is a personal care
attendant on the trip, the eligible individual
may still bring a companion, plus additional
companions on a space available basis. The
entity may require that, in reserving the trip,
the eligible individual reserve the space for
the attendant.

To prevent potential abuse of this
provision, the rule provides that a companion
(e.g., friend or family member) does not count
as a personal care attendant unless the
eligible individual regularly makes use of a
personal care attendant and the companion is
actually acting in that capacity. As noted
under § 37.125, a provider may require that,

as part of the initial eligibility certification
process, an individual indicate whether he or ■
she travels with a personal care attendant. If "
someone does not indicate the use of an
attendant, then any individual accompanying
him or her would be regarded simply as a
companion.

To be viewed as "accompanying" the
eligible individual, a companion must have
the same origin and destination points as the
eligible individual. In appropriate
circumstances, entities may also wish to
provide service to a companion who has
either an origin or destination, but not both,
with the eligible individual (e.g., the
individual's date is dropped off at her own
residence on the return trip from a concert).

Section 37.125 ADA Paratransit Eligiblily—
Process

This section requires an eligibilty process
to be established by each operator of
complementary paratransit. The details of the
process are to be devised through the
planning and public participation process of
this subpart. The process may not impose
unreasonable administrative burdens on
applicants, and, since it is part of the entity's
nondiscrimination obligations, may not
involve "user fees" or application fees to the
applicant.

The process may include functional criteria
related to the substantive eligibility criteria of
§ 37.123 and, where appropriate, functional
evaluation or testing of applicants. The
substantive eligibility process is not aimed at j
making a medical or diagnostic I

determination. While evaluation by a
physician (or professionals in rehabilitation
or other relevant fields) may be used as part
of the process, a diagnosis of a disability is
not dispositive. What is needed is a
determination of whether, as a practical
matter, the individual can use fixed route
transit in his or her own circumstances. That
is a transportation decision primarily, not a
medical decision.

The goal of the process is to ensure that
only people who meet the regulatory criteria,
strictly applied, are regarded as ADA
paratransit eligible. The Department
recognizes that transit entities may wish to
provide service to other persons, which is not
prohibited by this rule. However, the
eligibility process should clearly distinguish
those persons who are ADA eligible from
those who are provided service on other
grounds. For example, eligibility
documentation must clearly state whether
someone is ADA paratransit eligible or
eligible on some other basis.

Often, people tend to think of paratransit
exclusively in terms of people with mobility
impairments. Under the ADA. this is not
accurate. Persons with visual impairments
may be eligible under either the first or third
eligibility categories. To accommodate them,
all documents concerning eligibility must be
made available in one or more accessible
formats, on request. Accessible formats
include computer disks, braille documents. i
audio cassettes, and large print documents. A '
document does not necessarily need to be
made available in the format a requester
prefers, but it does have to be made available

Federal Register / Vol. 56, No. 173 / Friday, September 6. 1991 / Rules and Regulations 45747

in a format the person can use. There is no
use giving a computer disk to someone who
does not have a computer, for instance, or a
braille document to a person who does not
read braille.

When a person applies for eligibility, the
entity will provide all the needed forms and
instructions. These forms and instructions
may include a declaration of whether the
individual travels with a personal care
attendant. The entity may make further
inquiries concerning such a declaration (e.g.,
with respect to the individual's actual need
for a personal care attendant).

When the application process is
complete — all necessary actions by the
applicant taken — the entity should process
the application in 21 days. If it is unable to do
so, it must begin to provide service to the
applicant on the 22nd day, as if the
application had been granted. Service may be
terminated only if an when the entity denies
the application. All determinations shall be in
writing; in the case of a denial, reasons must
be specified. The reasons must specifically
relate the evidence in the matter to the
eligibility criteria of this rule and of the
entity's process. A mere recital that the
applicant can use fixed route transit is not
sufficient.

For people granted eligibility, the
documentation of eligibility shall include at
least the following information:
— The individual's name
— The name of the transit provider
— The telephone number of the entity's

paratransit coordinator
— An expiration date for eligibility
— Any conditions or limitations on the

individual's eligibility, including the use of

a personal care attendant.

The last point refers to the situation in
which a person is eligible for some trips but
not others. Or if the traveler is authorized to
have a personal care attendant ride free of
charge. For example, the documentation may
say that the individual is eligible only when
the temperature falls below a certain point, or
when the individual is going to a destination
not on an accessible bus route, or for non-
work trips, etc.

As the mention of an expiration date
implies, certification is not forever. The entity
may recertify eligibility at reasonable
intervals to make sure that changed
circumstances have not Invalidated or
changed the individual's eligibility. In the
Department's view, a reasonable interval for
recertification is probably between one and
three years. Less than one year would
probably be too burdensome for consumers;
over three years would begin to lose the point
of doing recertifications. The recertification
interval should be stated in the entity's plan.
Of course, a user of the service can apply to
modify conditions on his or her eligibility at
any time.

The administrative appeal process is
intended to give applicants who have been
denied eligibility the opportunity lo have
their cases heard by some official other than
the one who turned Ihem down in the first
place. In order lo have appropriate
separation of functions — a key element of
administrative due process — not only must
the same person not decide the case on

appeal, but that person, to the extent
practicable, should not have been involved in
the first decision (e.g., as a member of the
same office, or a supervisor or subordinate of
the original decisionmaker). When, as in the
case of a small transit operator, this degree of
separation is not feasible, the second
decisionmaker should at least be "bubbled"
with respect to the original decision (i.e., not
have participated in the original decision or
discussed it with the original decisionmaker).
In addition, there must be an opportunity to
be heard in person as well as the chance to
present written evidence and arguments. All
appeals decisions must be in writing, stating
the reasons for the decision.

To prevent the filing of stale claims, the
entity may establish a 60 day "statute of
limitations" on filing of appeals, the time
starting to run on the date the individual is
notified on the negative initial decision. After
the appeals process has been completed (i.e.,
the hearing and/or written submission
completed), the entity should make a decision
within 30 days. If it does not. the individual
must be provided service beginning the 31st
day, until and unless an adverse decision is
rendered on his or her appeal.

Under the eligibility criteria of the rule, an
Individual has a right to paratransit if he or
she meets the eligibility criteria. As noted In
the discussion of the nondiscrimination
section, an entity may refuse service to
individual with a disability who engages in
violent, seriously disruptive, or illegal
conduct, using the same standards for
exclusion that would apply to any other
person who acted in such an inappropriate
way.

The rule also allows an entity to establish a
process to suspend, for a reasonable period
of time, the provision of paratransit service to
an ADA eligible person who establishes a
pattern or practice of missing scheduled trips.
The purpose of this process would be to deter
or deal with chronic "no-shows." The
sanction system — articulated criteria for the
Imposition of sanctions, length of suspension
periods, details of the administrative process,
etc. — would be developed through the public
planning and participation process for the
entity's paratransit plan, and the result
reflected in the plan submission to UMTA.

It is very important to note that sanctions
could be Imposed only for a "pattern or
practice" of missed trips. A pattern or
practice involves intentional, repeated or
regular actions, not Isolated, accidental, or
singular incidents. Moreover, only actions
within the control of the individual count as
part of a pattern or practice. Missed trips due
to operator error are not attributable to the
individual passenger for this purpose. If the
vehicle arrives substantially after the
scheduled pickup time, and the passenger has
given up on the vehicle and taken a taxi or
gone down the street to talk to a neighbor,
that is not a missed trip attributable to the
passenger. If the vehicle does not arrive at
all. or is sent to the wrong address, or to the
wrong entrance to a building, that is not a
missed trip attributable to the passenger.
There may be other circumstances beyond
the individual's control (e.g., a sudden turn
for the worse in someone with a variable
condition, a sudden family emergency) that

make it impracticable for the individual to
travel at the scheduled time and also for the
individual to notify the entity in time to
cancel the trip before the vehicle comes. Such
circumstances also would not form part of a
sanctionable pattern or practice.

Once an entity has certified someone as
eligible, the individual's eligibility takes on
the coloration of a property right. (This is not
merely a theoretical statement. If one
depends on transportation one has been
found eligible for to get to a job, and the
eligibility is removed, one may lose the job.
The same can be said for access to medical
care or other important services.)
Consequently, before eligibility may be
removed "for cause" under this provision, the
entity must provide administrative due
process to the individual.

If the entity proposes to impose sanctions
on someone, it must first notify the individual
in writing (using accessible formats where
necessary). The notice must specify the basis
of the proposed action (e.g., Mr. Smith
scheduled trips for 8 a.m. on May 15, 2 p.m.
on June 3, 9 a.m. on |une 21, and 9;20 p.m. on
July 10, and on each occasion the vehicle
appeared at the scheduled time and Mr.
Smith was nowhere to be found) and set forth
the proposed sanction (e.g.. Mr. Smith would
not receive service for 15 days).

The entity would provide the individual an
opportunity to be heard (i.e., an in-person
informal hearing before a decisionmaker) as
well as to present written and oral
information and arguments. All relevant
entity records and personnel would be made
available to the individual, and other persons
could testify. It is likely that, in many cases,
an important factual issue would be whether
a missed trip was the responsibility of the
provider or the passenger, and the testimony
of other persons and the provider's records or
personnel are likely to be relevant in deciding
this issue. While the hearing is intended to be
informal, the individual could bring a
representative (e.g., someone from an
advocacy organization, an attorney).

The Individual may waive the hearing and
proceed on the basis of written presentations.
If the individual does not respond to the
notice within a reasonable time, the entity
may make, in effect, a default finding and
impose sanctions. If there is a hearing, and
the individual needs paratransit service to
attend the hearing, the entity must provide it.
We would emphasize that, prior to a finding
against the individual after this due process
procedure, the individual must continue to
receive service. The entity cannot suspend
service while the matter is pending.

The entity must notify the individual in
writing about the decision, the reasons for it,
and the sanctions imposed, if any. Again, this
information would be made available in
accessible formats. In the case of a decision
adverse to the individual, the administrative
appeals process of this section would apply.
The sanction would be stayed pending an
appeal.

There are means other than sanctions,
however, by which a transit provider can
deal with a "no-show" problem in its system.
Providers who use "real time scheduling"
report that this technique is very effective in

45748 Federal Register / Vol. 56, No. 173 / Friday. September 6, 1991 / Rules and Regulations

reducing no-showti and cancellations, and
increasing the mix of real time scheduling in
a system can probably be of benefit in this
area. Calling the customer to reconfirm a
reasonable time before pickup can head off
some problems, as can educating consumers
to call with cancellations ahead of time.
Training of dispatch and operator personnel
can help to avoid miscommunications that
lead to missed trips.

Section 37.127 Complementary Paratransit
for Visitors

This section requires each entity having a
complementary paratransit system to provide
service to visitors from out of town on the
same basis as it is provided to local
residents. By "on the same basis," we mean
under all the same conditions, service
criteria, etc., without distinction. For the
period of a visit, the visitor is treated exactly
like an eligible local user, without any higher
priority being given to either.

A visitor is defined as someone who does
not reside in the jurisdiction or jurisdictions
served by the public entity or other public
entities with which it coordinates paratransit
service. For example, suppose a five-county
metropolitan area provides coordinated
paratransit service under a joint plan A
resident of any of the five counties would not
be regarded as a visitor in any of them. Note
that the rule talks in terms of "jurisdiction"
rather than "service area." If an individual
lives in XYZ County, but outside the fixed
route service area of that county's transit
provider, the individual is still not a visitor
for purposes of paratransit in PQR County, if
PQR is one of the counties with which XYZ
provides coordinated paratransit service.

A visitor can become eligible in one of two
ways. The first is to present documentation
from his or her "home" jurisdiction's
paratransit system. The local provider will
give "full faith and credit" to the ID card or
other documentation from the other entity. If
the individual has no such documentation,
the local provider may require the provision
of proof of visitor status (i.e., proof of

residence somewhere else) and, if the
individual's disability is not apparent, proof
of the disability (e.g., a letter from a doctor or
rehabilitation professional). Once this
documentation is presented and is
satisfactory, the local provider will make
service available on the basis of the
individual's statement that he or she is
unable to use the fixed route transit system.

The local provider need serve someone
based on visitor eligibility for no more than
21 days. After that, the individual is treated
the same as a local person for eligibility
purposes. This is true whether the 21 days are
consecutive or parceled out over several
shorter visits. The local provider may require
the erstwhile visitor to apply for eligibility in
the usual local manner. A visitor who expects
to be around longer than 21 days should
apply for regular eligibility as soon as he
arrives. The same approach may be used for
a service of requested visits totaling 21 days
or more in a relating compact period of time.
Preferably, this application process should be
arranged before the visitor arrives, by letter,
telephone or fax, so that a complete
application can be processed expeditiously.

Section 37.129 Types of Service

The basic mode of service for
complementary paratransit is demand
responsive, origin-to-destination service. This
service may be provided for persons in any
one of the three eligibility categories, and
must always be provided to persons in the
first category (e.g., people who cannot
navigate the system). The local planning
process should decide whether, or in what
circumstances, this service is to be provided
as door-to-door or curb-to-curb service.

For persons in the second eligibility
category (e.g., persons who can use
accessible buses, but do not have an
accessible bus route available to take them to
their destination], origin-to-destination
service can be used. Alternatively, the entity
can provide either of two other forms of
service. One is on-call bus, in which the
individual calls the provider and arranges for

one or more accessible buses to arrive on the
routes he needs to use at the appropriate
time On-call bus service must meet all the
service criteria of § 37.131. except that on-call
buses run only on fixed routes and the fare
charged can be only the fixed route fare that
anyone pays on the bus (including discounts).

The second option is "feeder paratransit"
to an accessible fixed route that will take the
individual to his or her destination. Feeder
paratransit, again, would have to meet all the
criteria of § 37.131. With respect to fares, the
paratransit fare could be charged, but the
individual would not be double charged for
the trip. That is, having paid the paratransit
fare, the transfer to the fixed route would be
free.

For persons in the third eligibility category
(e.g., persons who can use fixed route transit
but who, because of a specific impairment-
related condition, cannot get to or from a
stop), the "feeder paratransit" option, under
the conditions outlined above, is available.
For some trips, it might be necessary to
arrange for feeder service at both ends of the
fixed route trip. Given the more complicated
logistics of such arrangements, and the
potential for a mistake that would seriously
inconvenience the passenger, the transit
provider should consider carefully whether
such a "double feeder" system, while
permissible, is truly workable in its system
(as opposed to a simpler system that used
feeder service only at one end of a trip when
the bus let the person off at a place from
which he or she could independently get to
the destination). There may be some
situations in which origin to destination
service is easier and less expensive.

Section 37. 131 Service Criteria for
Complementary Paratransit Service Area

The basic bus system service area is a
corridor with a width of % of a mile on each
side of each fixed route. At the end of a route,
there is a semicircular "cap" on the corridor,
consisting of a three-quarter mile radius from
the end point of the route to the parallel sides
of the corridor.

a/4 mile

3/4 mile

Complementary paratransit must provide
service to any origin or destination point
within a corridor fitting this description
around any route in the bus system. Note that
this does not say that an eligible user must
live within a corridor in order to be eligible. If
an individual lives outside the corridor, and

can find a way of getting to a pickup point
within the corridor, the service must pick him
up there. The same holds true at the
destination end of the trip.

Another concept involved in this service
criterion is the core service area. Imagine a
bus route map of a typical city. Color the bus

routes and their corridors blue, against the
white outline map. In the densely populated
areas of the city, the routes (which, with their
corridors attached, cut 1 '/z mile swaths)
merge together into a solid bluemass. TKere I
are few, if any, white spots left uncovered, '
and they are likely to be very small.

Federal Register / Vol. 56, No. 173 / Friday. September 6, 1991 / Rules and Regulations

45749

Paratransil would serve all origins and
destinations in the solid blue mass.

But what of the little white spots
surrounded by various bus corridors?
Because it would make sense to avoid
providing service to such small isolated
areas, the rule requires paratransit service
there as well. So color them in too.

Outside the core area, though, as bus
routes follow radial arteries into the suburbs
and exurbs (we know real bus route maps are
more complicated than this, but we simplify
for purposes of illustration), there are
increasingly wide white areas between the
blue corridors, which may have corridors on
either side of them but are not small areas
completely surrounded by corridors. These
white spaces are not part of the paratransit
service area and the entity does not have to

serve origins and destinations there.
However, if, through the planning process,
the entity wants to enlarge the width of one
or more of the blue corridors from the ^4 of a
mile width, it can do so, to a maximum of 1 V2
miles on each side of a route. The cost of
service provided within such an expanded
corridor can be counted in connection with
an undue financial burden waiver request.
There may be a part of the service area
where part of one of the corridors overlaps a
political boundary, resulting m a requirement
to serve origins and destinations in a
neighboring jurisdiction which the entity
lacks legal authority to service. The entity is
not required 'o serve such origins and
destinations, even though the area on the
other side of the political boundary is within
a corridor. This exception to the service area

criterion does not automatically apply
whenever there is a political boundary, only
when there is a legal bar to the entity
providing service on the other side of the
boundary.

The rule requires, in this situation, that the
entity take all practicable steps to get around
the problem so that it can provide service
throughout its service area. The entity should
work with the state or local governments
involved, via coordination plans, reciprocity
agreements, memoranda or understanding or
other means to prevent political boundaries
from becoming barriers to the travel of
individuals with disabilities.

The definition of the service area for rail
systems is somewhat different, though many
of the same concepts apply.

Circle radius = 3M mile

Around each station on the line (whether
or not a key station), the entity would draw a
circle with a radius of % mile. Some circles
may touch or overlap. The series of circles is
the rail system's service area. (We recognize
that, in systems where stations are close
together, this could result in a service area
that approached being a corridor like that of
a bus line.) The rail system would provide
paratransit service from any point m one
circle to any point in any other circle. The
entity would not have to provide service to
two points within the same circle, since a trip
between two points in the vicinity of the
same station is not a trip that typically would
be taken by train. Nor would the entity have
to provide service to spaces between the
circles. For example, a train trip would not
get close to point x; one would have to take a
bus or other mode of transportation to get
from station E or F to point x. A paratransit
system comparable to the rail service area
would not be required to take someone there
either.

Rail systems typically provide trips that are
not made, or cannot be made conveniently,
on bus systems. For example, many rail
systems cross jurisdictional boundaries that
bus systems often do not. One can travel

from Station A to a relatively distant Station
E on a rail system in a single trip, while a bus
trip between the same points, if possible at
all, may involve a number of indirect routings
and transfers, on two bus systems that may
not interface especially well.

Rail operators have an obligation to
provide paratransit equivalents of trips
between circles to persons who cannot use
fixed route rail systems because they cannot
navigate the system, because key stations or
trains are not yet accessible, or because they
cannot access stations from points within the
circles because of a specific impairment-
related condition. For individuals who are
eligible in category 2 because they need an
accessible key station to use the system, the
paratransit obligation extends only to
transportation among "circles" centered on
designated key stations (since, even when the
key station plan is fully implemented, these
individuals will be unable to use non-key
stations).

It is not sufficient for a rail operator to
refer persons with disabilities to an
accessible bus system in the area. The
obligation to provide paratransit for a rail
system is independent of the operations of
any bus system serving the same area.

whether operated by the same entity that
operates the rail system or a different entity.
Obviously, it will be advantageous for bus
and rail systems to coordinate their
paratransit efforts, but a coordinated system
would have to ensure coverage of trips
comparable to rail trips that could not
conveniently be taken on the fixed route bus
system.
Response Time

Under this provision, an entity must make
its reservation service available during the
hours its administrative offices are open. If
those offices are open 9 to 5, those are the
hours during which the reservations service
must be open, even if the entity's transit
service operated 6 a.m. to midnight. On days
prior to a service day on which the
administrative offices are not open at all (e.g.,
a Sunday prior to a Monday service day), the
reservation service would also be open 9 to 5.
Note that the reservation service on any dav
does not have to be provided directly by a
"real person." An answering machine or
other technology can suffice.

Any caller reaching the reservation service
during the 9 to 5 period, in this example,

45750 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

could reserve service for any time during the
next 6 am, to 12 midnight service day. This is
the difference between "next day scheduling"
and a system involving a 24-hour prior
reservation requirement, in which a caller
would have to reserve a trip at 7 a.m. today if
he or she wanted to travel at 7 a.m.
tomorrow. The latter approach is not
adequate under this rule.

The entity may use real time scheduling for
all or part of its service. Like the Moliere
character who spoke prose all his life without
knowing it, many entities may already be
using some real time scheduling (e.g., for
return trips which are scheduled on a when-
needed basis, as opposed to in advance). A
number of transit providers who have used
real time scheduling believe that it is more
efficient on a per-trip basis and reduces
cancellations and no-shows significantly. We
encourage entities to consider this form of
service.

Sometimes users want to schedule service
well in advance, to be sure of traveling when
they want to. The rule tells providers to
permit reservations to be made as much as 14
days in advance. In addition, though an entity
may negotiate with a user to adjust pickup
and return trip times to make scheduling
more efficient, the entity cannot insist on
scheduling a trip more than one hour earlier
or later than the individual desires to travel.
Any greater deviation from desired trip
would exceed the bounds of comparability.
Fares

To calculate the proper paratransit fare, the
entity would determine the route(s) that an
individual would take to get from his or her
origin to his or her destination on the fixed
route system. At the time of day the person
was traveling, what is the fare for that trip on
those routes? Applicable charges like transfer
fees or premium service charges may be
added to the amount, but discounts (e.g., the
half-fare discount for off-peak fixed route
travel by elderly and handicapped persons)
would not be subtracted. The transit provider
could charge up to twice the resulting amount
for the paratransit trip.

The mode through which paratransit is
provided does not change the method of
calculation. For example, if paratransit is
provided via user side subsidy taxi service
rather than publicly operated dial-a-ride van
service, the cost to the user could still be only
twice the applicable fixed route fare. The
system operates the same regardless of
whether the paratransit trip is being provided
in place of a bus or a rail trip the user cannot
make on the fixed route system. Where bus
and rail systems are run by the same provider
(or where the same bus provider runs parallel
local and express buses along the same
route), the comparison would be made to the
mode on which a typical fixed route user
would make the particular trip, based on
schedule, length, convenience, avoidance of
transfers, etc.

Companions are charged the same fare as
the eligible individual they are
accompanying. Personal care attendants ride
free.

One exception to the fare requirement is
made for social service agency (or other
organization-sponsored) trips. This exception,
which allows the transit provider to negotiate

a price with the agency that is more than
twice the relevant fixed route fare, applies to
"agency trips," by which we mean trips
which are guaranteed to the agency for its
use. That is, if an agency wants 12 slots for a
trip to the mall on Saturday for clients with
disabilities, the agency makes the reservation
for the trips in its name, the agency will be
paying for the transportation, and the-trips
are reserved to the agency, for whichever 12
people the agency designates, the provider
may then negotiate any price it can with the
agency for the trips. We distinguish this
situation from one in which an agency
employee, as a service, calls and makes an
individual reservation in the name of a client,
where the client will be paying for the
transportation.

Restrictions and Priorities Based on Trip
Purpose

This is a simple and straightforward
requirement. There can be no restrictions or
priorities based on trip purpose in a
comparable complementary paratransit
system. When a user reserves a trip, the
entity will need to know the origin,
destination, time of travel, and how many
people are traveling. The entity does not need
to know why the person is traveling, and
should not even ask.
Hours and Days of Service

This criterion says simply that if a person
can travel to a given destination using a given
fixed route at a given time of day, an ADA
paratransit eligible person must be able to
travel to that same destination on paratransit
at that time of day. This criterion recognizes
that the shape of the service area can change.
Late at night, for example, it is common for
certain routes not to be run. Those routes, and
their paratransit corridors, do not need to be
served with paratransit when the fixed route
system is not running on them. One couldn't
get to destinations in that corridor by fixed
route at those times, so paratransit service is
not necessary either.

It should be pointed out that service during
low-demand times need not be by the same
paratransit mode as during higher usage
periods. For example, if a provider uses its
own paratransit vans during high demand
periods, it could use a private contractor or
user-side subsidy provider during low
demand periods. This would presumably be a
more efficient way of providing late night
service. A call-forwarding device for
communication with the auxiliary carrier
during these low demand times would be
perfectly acceptable, and could reduce
administrative costs.
Capacity Constraints

This provision specifically prohibits two
common mechanisms that limit use of a
paratransit system so as to constrain demand
on its capacity. The first is a waiting list.
Tyically, a waiting list involves a
determination by a provider that it can
provide service only to a given number of
eligible persons. Other eligible persons are
not able to receive service until one of the
people being served moves away or
otherwise no longer uses the service. Then
the persons on the waiting list can move up.
The process is analogous to the wait that

persons in some cities have to endure to be
able to buy season tickets to a sold-out slate
of professional football games.

The second mechanism specifically
mentioned is a number limit on the trips a
passenger can take in a given period of time.
It is a kind of rationing in which, for example,
if one has taken his quota of 30 trips this
month, he cannot take further trips for the
rest of the month.

In addition, this paragraph prohibits any
operational pattern or practice that
significantly limits the availability of service
of ADA paratransit eligible persons. As
discussed under § 37.125 in the context of
missed trips by passengers, a "pattern or
practice" involves, regular, or repeated
actions, not isolated, accidental, or singular
incidents. A missed trip, late arrival, or trip
denial now and then does not trigger this
provision.

Operational problems outside the control
of the entity do not count as part of a pattern
or practice under this provision. For example,
if the vehicle has an accident on the way to
pick up a passenger, the late arrival would
not count as part of a pattern or practice. If
something that could not have been
anticipated at the time the trip was scheduled
(e.g., a snowstorm, an accident or hazardous
materials incident that traps the paratransit
vehicle, like all traffic on a certain highway,
for hours), the resulting missed trip would not
count as part of a pattern or practice. On the
other hand, if the entity regularly does not
maintain its vehicles well, such that frequent
mechanical breakdowns result in missed trips
or late arrivals, a pattern or practice may i
exist. This is also true in a situation in which
scheduling practices fail to take into account
regularly occurring traffic conditions (e.g.,
rush hour traffic jams), resulting in frequent
late arrivals.

The rule mentions three specific examples
of operational patterns or practices that
would violate this provision. The first is a
pattern or practice of substantial numbers of
significantly untimely pickups (either for
initial or return trips). To violate this
provision, there must be both a substantial
number of late arrivals and the late arrivals
in question must be significant in length. For
example, a DOT Inspector General's (IG)
report on one city's paratransit system
disclosed that around 30 percent of trips were
between one and five hours late. Such a
situation would trigger this provision. On the
other hand, only a few instances of trips one
to five hours late, or many instances of trips a
few minutes late, would not trigger this
provision.

The second example is substantial
numbers of trip denials or missed trips. For
example, if on a regular basis the reservation
phone lines open at 5 a.m. and callers after 7
a.m. are all told that they cannot travel, or
the phone lines shut down after 7 a.m. and a
recorded message says to call back the next
day, or the phone lines are always so busy
that no one can get through, this provision
would be triggered. (Practices of this kind
would probably violate the response time .
criterion as well.) Also, if, on a regular basis, 1
the entity misses a substantial number of
trips (e.g., a trip is scheduled, the passenger is

Federal Register / Vol. 56. No. 173 / Friday. September 6, 1991 / Rules and Regulations 45751

waiting, but the vehicle never comes, goes to
the wrong address, is extremely late, etc.). it
would violate this provision.

The third example is substantial numbers
of trips with excessive trip lengths. Since
paratransit is a shared ride service,
paratransit rides between Point A and Point
B will usually take longer, and involve more
intermediate stops, than a taxi ride between
the same two points. However, when the
number of intermediate stops and the total
trip time for a given passenger grows so large
as to make use of the system prohibitively
inconvenient, then this provision would be
triggered. For example, the IG report referred
to .Tbove mentioned a situation in which 9
percent of riders had one way trips averaging
between two and four hours, with an average
of 16 intermediate stops. Such a situation
would probably trigger this provision.

Though these three examples probably
cover the most frequently cited problems in
paratransit operations that directly or
indirectly limit the provision of service that is
theoretically available to eligible persons, the
list is not exhaustive. Other patterns or
practices could trigger this provision. For
example, the Department has heard about a
situation in which an entity's paratransit
contractor was paid on a per-trip basis,
regardless of the length of the trip. The
contractor therefore had an economic
incentive to provide as many trips as
possible. As a result, the contractor accepted
short trips and routinely denied longer trips.
This would be a pattern or practice contrary
to this provision (and contrary to the service
area provision as well).
Additional Service

This provision emphasizes that entities
may go beyond the requirements of this
section in providing service to ADA
paratransit individuals. For example, no one
is precluded from offering service in a larger
service area, during greater hours than the
fixed route system, or without charge.
However, costs of such additional service do
not count with respect to undue financial
burden waiver requests. Where a service
criterion itself incorporates a range of actions
the entity may take (e.g., providing wide
corridors outside the urban core, using real
time scheduling), however, costs of providing
that optional service may be counted for
undue financial burden waiver request
purposes.

Section 37.133 Subscription Service

As part of its paratransit service, an entity
may include a subscription service
component. However, at any given time of
day, this component may not absorb more
than 50 percent of available capacity on the
total system. For example, if, at 8 a.m., the
system can provide 400 trips, no more than
200 of these can be subscription trips.

The one exception to this rule would occur
in a situation in which there is excess non-
subscription capacity available. For example,
if over a long enough period of time to
establish a pattern, there were only 150 non-
subscriplion trips requested at 0 a.m.. the
provider could begin to provide 250
subscription trips at that time. Subsequently,
if non-Rubscription demand increased over a
period of time, such that the 50 trips were

needed to satisfy a regular non-subscription
demand at that time, and overall system
capacity had not increased, the 50 trips
would have to be returned to the non-
subscription category. During times of high
subscription demand, entities could use the
trip time negotiation discretion of
§ 37.131(c)(2) to shift some trips to other
times.

Because subscription service is a limited
subcomponent of paratransit service, the rule
permits restrictions to be imposed on its use
that could not be imposed elsewhere. There
may be a waiting list for provision of
subscription service or the use of other
capacity constraints. Also, there may be
restrictions or priorities based on trip
purpose For example, subscription service
under peak work trip times could be limited
to work trips. We emphasize that these
limitations apply only to subscription service.
It is acceptable for a provider to put a person
on a waiting list for access to subscription
service at 8 a.m. for work trips; the same
person could not be wait-listed for access to
paratransit service in general.

Section 37.135 Submission of Paratransit
Plans

This section contains the general
requirements concerning the submission of
paratransit plans. Each public entity
operating fixed route service is required to
develop and submit a plan for paratransit
service. Where you send your plans depends
on the type of entity you are. There are two
categories of entities which should submit
their plans to states — (1) UMTA recipients
and (2) entities who are administered by the
state on behalf of UMTA.

These UMTA grantees submit their plans
to the states because the agency would like
the benefit of the states' expertise before
final review. The states' role is as a
commenter, not as a reviewer.

This section also specifies annual progress
reports concerning the meeting of previously
approved milestones, any slippage (with the
reasons for it and plans to catch up), and any
significant changes in the operator's
environment, such as the withdrawal from
the marketplace of a private paratransit
provider or whose service the entity has
relied upon to provide part of its paratransit
service.

Paragraph (d) of this section specifies a
maximum time period for the phase-in of the
implementation of paratransit plans. The
Department recognizes that it is not
reasonable to expect paratransit systems to
spring into existence fully formed, like
Athena from the head of Zeus. Under this
paragraph, all entities must be in full
compliance with all paratransit provisions by
January 26, 1997, unless the entity has
received a waiver from UMTA based on
undue financial burden (which applies only
to the service criteria of § 37.131, not to
eligibility requirements or other paratransit
provisions).

While the rule assumes that most entities
will take a year to fully implement these
provisions, longer than a year requires the
paratransit plans to submit milestones that
are susceptible to objective verification. Not
all plans will be approved with a five-year

lead-in period. Consistent with the proposed
rule, the Department intends to look at each
plan individually to see what is required for
implementation in each case. DOT may
approve only a shorter phase-in period in a
given case.

Section 37. 137 Paratransit Plan
Development

Section 35.137 establishes three principal
requirements in the development of
paratransit plans.

First is the requirement to survey existing
paratransit services within the service area.
This is required by section 223(c)(e) of the
ADA. While the ADA falls short of explicitly
requiring coordination, clearly this is one of
the goals. The purpose of the survey is to
determine what is being provided already, so
that a transit provider can accurately assess
what additional service is needed to meet the
service criteria for comparable paratransit
service. The plan does not have to discuss
private paratransit providers whose services
will not be used to help meet paratransit
requirements under this rule. However, the
public entity will need to know specifically
what services are being provided by whom if
the entity is to count the transportation
toward the overall need.

Since the public entity is required to
provide paratransit to all ADA paratransit
eligible individuals, there is some concern
that currently provided service may be cut
back or eliminated. It is possible that this
may happen and such action would have a
negative effect on transportation provided to
persons with disabilities in general. The
Department urges each entity required to
submit a plan to work with current providers
of transportation, not only to determine what
transportation services they provide, but also
to continue to provide service into the
foreseeable future.

Second, § 37.137 specifies requirements for
public participation. First, the entity must
perform outreach, to ensure that a wide range
of persons anticipated to use the paratransit
service know about and have the opportunity
to participate in the development of the plan.
Not only must the entity identify who these
individuals or groups are, the entity also must
contact the people at an early stage in the
development process.

The other public participation requirements
are straightforward. There must be a public
hearing and an opportunity to comment. The
hearing must be accessible to those with
disabilities, and notice of the hearing must be
accessible as well. There is a special efforts
test identified in this paragraph for comments
concerning a multi-year phase-in of a
paratransit plan.

The final general requirement of the section
specifies that efforts at public participation
must be made permanent through some
mechanism that provides for participation in
all phases of paratransit plan development
and submission. The Department is not
requiring that there be an advisory committee
established, although this is one method of
institutionalizing participation. The
Department is not as interested in the specific
structure used to ensure public participation

45752 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

as we are interested in the effectiveness of
the effort.

The Department believes that public
participation is a key element in the effective
implementation of the ADA. The ADA is an
opportunity to develop programs that will
ensure the integration of all persons into not
just the transportation system of America,
but all of the opportunities transportation
makes possible. This opportunity is not
without tremendous challenges to the transit
providers. It Is only through dialogue, over
the long term, that usable, possible plans can
be developed and implemented.

Section 37.139 Plan Contents

This section contains substantive
categories of information to be contained in
the paratransit plan: Information on current
and changing fixed route service; inventory of
existing paratransit service; discussion of the
discrepancies between existing paratransit
and what is required under this regulation; a
discussion of the public participation
requirements and how they have been met;
the plan for paratransit service; the budget
for paratransit services; efforts to coordinate
with other transportation providers; a
description of the process in place or to be
used to register ADA paratransit eligible
individuals; a description of the
documentation provided to each individual
verifying eligibility; and a request for a
waiver based on undue financial burden, if
applicable. The final rule contains a
reorganized and slightly expanded section on
plan contents, reflecting requests to be more
explicit, rather than less explicit.

The list of required elements is tlie same
for all entities required to submit paratransit
plans. There is no document length
requirement, however. Each entity (or group
plan) is unique and we expect the plans to
reflect this. While we would like the plan
elements presented in the order listed in this
section, the contents most likely will vary
greatly, depending on the size, geographic
area, budget, complexity of issues, etc. of the
particular submitting agency.

This section and § 37.139 provide for a
maximum phase-in period of five years, with
an assumed one-year phase-in for all
paratransit programs. (The required budget
has been changed to five years as well.) The
Department has established a maximum five-
year phase-in in the belief that not all
systems will require that long, but that some,
particularly those which had chosen to meet
compliance with section 504 requirements
with accessible fixed route service, may
indeed need five years.

We are confident that, through the public
participation process, entities can develop a
realistic plan for full compliance with the
ADA. To help ensure this, the paratransit
plan contents section now requires that any
plan which projects full compliance after
January 26, 1993 must include milestones
which can be measured and which result in
steady progress toward full compliance. For
example, it is possible that the first part of
year one is used to ensure comprehensive
registration of all eligible persons with
disabilities, training of transit provider staffs
and the development and dissemination of
information to users and potential users in

accessible formats and some modest increase
in paratransit service is provided. A plan
would not be permitted to indicate that no
activity was possible in the first year, but
proportionately more progress could be
planned for later years than for the first year.
Implementation must begin in January 1992.

Each plan, including its proposed phase-in
period, will be the subject of examination by
UMTA. Not all providers who request a five-
year phase-in will receive approval for a five-
year phase-in. The plan must be careful,
therefore, to explain what current services
are, what the projections are, and what
methods are in place to determine and
provide accountability for progress toward
full compliance.

We have been asked for assistance in
assessing what the demand for paratransit
service will be. UMTA's ADA Paratransit
Manual provides detailed assistance in this
and many other areas of the plan
development process.

The ADA itself contained a figure of 43
million persons with disabilities. It should be
pointed out that many of these may not
necessarily be eligible for ADA paratransit
service. The Department's regulatory impact
analysis discussing the probable costs
involved in implementing this rule places the
possible percentage of population who would
be eligible for paratransit service at between
1.4 and 1.9 percent. This figure can vary
depending on the type and variety of services
you have available, or on such things as
climate, proximity to medical care, family,
etc. that a person with a disability may need.
Clearly estimating demand is one of the most
critical elements in the plan, since it will be
used to make decisions about all of the
various service criteria.

Section 37.139 contains a new paragraph
(j), spelling out in more detail requirements
related to the annual submission of plans.
Since there is now the possibility for five-
year phase-ins, the annual plan demonstrates
the progress made to date, and explains any
delays.

Section 37. 141 Requirements If a Joint Plan
is Submitted

The Department believes that, particularly
in large, multi-provider regions, a coordinated
regional paratransit plan and system are
extremely important. Such coordination can
do much to ensure that the most
comprehensive transportation can be
provided with the most efficient use of
available resources. We recognize that the
effort of putting together such a coordinated
system can be a lengthy one. This section is
intended to facilitate the process of forming
such a coordinated system.

If a number of entities wish to submit a
joint plan for a coordinated system, they
must, like other entities, submit a document
by [anuary 26, 1992. At a minimum, this
document must include the following:

(1) A general statement that the
participating entities intend to file a joint
coordinated plan;

(2) A certification from each participating
entity that it is committed to providing
paratransit as a part of a coordinated plan;

(3) A certification from each participating
entity that it will maintain at least current

levels of paratransit service until the
coordinated paratransit service called for b;
the joint plan is implemented;

(4| As many elements of the plan as
possible.

These provisions ensure that significant
planning will precede, and plan
implementation will begin by, |anuary 26,
1992, without precluding entities from
cooperating because it was not possible to
complete coordinating different public
entities by that date. The entities involved i
a joint plan are required to submit all
elements of their plan by July 26, 1992.

The final provision in the section notes th
an entity may later join a coordinated plan,
even if it has filed its own plan on January ;
1992. An entity must submit its own plan by
January 26, 1992, if it has not provided a
certification of participation in a joint plan.]
In this case, the entity must provide the
assurances and certifications required of al!
of the other participating entities.

The Department fully expects that many
jurisdictions filing joint plans will be able t(
do so by January 26, 1992. For those who
cannot, the regulatory provision ensures th£
there will be no decrease in paratransit
service. Further, since we anticipate
coordinated service areas to provide more
effective service, complete implementation
a joint plan could be more rapid than if eacl
entity was providing service on its own.

Entities submitting a joint plan do not \\a\
any longer than any other entities to fully
implement complementary paratransit
service. In any case, all plans (joint or singL
must be fully implemented by January 26, \
1997, absent a waiver for undue financial
burden (which would, in the case of a joint
plan, be considered on a joint basis).

Section 37. 143 Paratransit Plan
Implementation

As already discussed under § 37.135, the
states will receive UMTA recipient plans fo
section 18 recipients administered by the
State or any small urbanized area recipient
section 9 funds administered by a state.
Public entities who do not receive UMTA
funds will submit their plans directly to the
applicable Regional Office (listed in appenc
B to the rule).

The role of the state is to accept the plans
on behalf of UMTA, to ensure that all plans
are submitted to it and forward the plans,
with any comments on the plans, to UMTA.
This comment is very important for UMTA
receive, since states administer these
programs on behalf of UMTA. Each state's
specific knowledge of UMTA grantees it
administers will provide helpful informatioi
to UMTA in making its decisions.

The rule lists five questions the states mu
answer when they forward the plans. Thesi
questions are gauged to capitalize on the
working knowledge the states possess on tt
grantees. UMTA will send a more specific
letter of instruction to each state explaining
its role.
Section 37. 147 UMTA Review of Plans

This provision spells out factors UMTAl
will consider in reviewing each plan,
including whether the submission is
complete, whether the plan complies with tl

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45753

substance of the ADA regulation, whether the
entity complied with the public participation
requirements in developing the plan, efforts
by the entity to coordinate with other entities
in a plan submission, and any comments
submitted by the states.

These elements are not the only items that
will be reviewed by UMTA. Every portion of
the plan will be reviewed and assessed for
compliance with the regulation. This section
merely highlights those provisions thought
most important by the Department.

Section 37. 15 J Waiver for Undue Financial
Burden

The Department has adopted a five-year
phase-in for paratransit service. Under this
scheme, each entity required to provide
paratransit service will be able to design a
phase-in of its service specifically geared to
local circumstances. While all jurisdictions
will not receive approval for plans with a five
year phase-in, each entity will be able to
request what it needs based on local
circumstances. Generally, the section allows
an entity to request a wavier at any time it
determines that it will not be able to meet a
five-year phase-in or make measured
progress toward its full compliance date
specified in its original plan.

A waiver for undue financial burden
should be requested if one of the following
circumstances applies. First, when the entity
submits its first plan on January 26, 1992, if
the entity knows it will not be able to reach
full compliance within five years, or if the
entity cannot make measured progress the
first year it may submit a waiver request. The
entity also should apply for a waiver, if,
during plan implementation, there are
changed circumstances which make it
unlikely that compliance will be possible.

The concept of measured progress should
be given its plain meaning. It is not
acceptable to submit a plan which shows
significant progress in implementing a plan in
years four and five, but no progress in years
one and two. Similarly, the progress must be
susceptible to objective verification. An
entity cannot merely "work toward"
developing a particular aspect of a plan.

The Department intends that undue burden
waiver requests will be given close scrutiny,
and waiver will not be granted highly. In
reviewing requests, however, as the
legislative history indicates, UMTA will look
at the individual financial constraints within
which each public entity operates its fixed
route system. "Any determination of undue
financial burden cannot have assumed the
collection of additional revenues, such as
those received through increases in local
taxes or legislative appropriations, which
would not have otherwise been made
available to the fixed route operator." (H.
Rept. 101-^85. Pt. 1, at 31)

Section 37.153 UMTA Waiver
Determination

If the UMTA Administrator grants a waiver
for undue financial burden, the waiver will be
for a specified period of time and the
Administrator will determine what the entity
must do to meet its responsibilities under the
ADA. Each determination will involve a
judgment of what is appropriate on a case-

by-case basis. Since each waiver will be
granted based on individual circumstances,
the Department does not deem it appropriate
to specify a generally applicable duration for
a waiver.

When a waiver is granted, the rule calls for
entities to look first at limiting the number of
trips provided to each individual as a means
of providing service that does not create an
undue burden. This capacity constraint,
unlike manipulations of other service criteria,
will not result in a degradation of the quality
of service. An entity intending to submit an
undue burden waiver request should take this
approach into account in its planning process.

It should be noted that requiring an entity
to provide paratransit service at least during
core hours along key routes is one option that
the Administrator has available in making a
decision about the service to be provided.
This requirement stems from the statutory
provision that the Administrator can require
the entity to provide a minimum level of
service, even if to do so would be an undue
financial burden. Certainly part of a request
for a waiver could be a locally endorsed
alternative to this description of basic
service. The rule states explicitly the
Administrator's discretion to return the
application for more information if necessary.

Section 37.155 Factors In Decision to Grant
an Undue Financial Burden Waiver

Factors the Administrator will consider in
making a decision whether to grant an undue
financial burden waiver request include
effects on current fixed route service,
reductions in other services, increases in
fares, resources available to implement
complementary paratransit over the period of
the plan, current level of accessible service
(fixed route and paratransit), cooperation
among transit providers, evidence of
increased efficiencies that have been or could
be used, any unique circumstances that may
affect the entity's ability to provide
paratransit service, the level of per capita
service being provided, both to the
population as a whole and what is being or
anticipated to be provided to persons who
are eligible and registered to receive ADA
paratransit service.

This final element allows some measure of
comparability, regardless of the specific
service criteria and should assist in a general
assessment of level of effort.

It is only the costs associated with
providing paratransit service to ADA-
paratransit eligible persons that can be
counted in assessing whether or not there is
an undue financial burden. Two cost factors
are included in the considerations which
enhance the Administrator's ability to assess
real commitment to these paratransit
provisions.

First, the Department will allow a
statistically valid methodology for estimating
number of trips mandated by the ADA. While
the regulation calls for a trip-by-lrip
determination of eligibility, this provision
recognizes that this is not possible for some
systems, particularly the large systems. Since
only those trips provided to a person when he
or she is ADA eligible may be counted in
determining an undue financial burden, this
provision is necessary.

Second, in determining costs to be counted
toward providing paratransit service,
paragraph (b)(3) allows an entity to include in
its paratransit budget dollars to which it is
legally entitled, but which, as a matter of
state or local funding arrangements, are
provided to another entity that is actually
providing the paratransit service.

For example, a state government may
provide a certain formula allocation of the
revenue from a certain tax to each
jurisdiction for use in providing
transportation service at the local level. The
funds, depending on local arrangements, may
flow either to a transit authority^a regulated
entity under this rule — or to a city or county
government. If the funds go to the transit
authority, they clearly may be counted in an
undue burden calculation. In addition,
however, this provision also allows funds
that flow through the city or county
government to be counted in the undue
burden calculation, since they are basically
the same funds and should not be treated
differently based on the accident of
previously-determined local arrangements.
On the other hand, this provision does not
allow funds of a private non-profit or other
organization who uses Department of Health
and Human Services grant or private
contributions to be counted toward the
entity's financial commitment to paratransit.

Subpart G — Provision of Service

Section 37.161 Maintenance of Accessible
Features — General

This section applies to all entities providing
transportation services, public and private. It
requires those entities to maintain in
operative condition those features or
facilities and equipment that make facihties
and vehicles accessible to and usable by
individuals with disabilities.

The ADA requires that, to the maximum
extent feasible, facilities be accessible to and
usable by individuals with disabilities. This
section recognizes that it is not sufficient to
provide features such as lift-equipped
vehicles, elevators, communications systems
to provide information to people with vision
or hearing impairments, etc. if these features
are not maintained in a manner that enables
individuals with disabilities to use them.
Inoperative lifts or elevators, locked
accessible doors, accessible paths of travel
that are blocked by equipment or boxes of
materials are not accessible to or usable by
individuals with disabilities.

The rule points out that temporary
obstructions or isolated instances of
mechanical failure would not be considered
violations of the ADA or this rule. Repairs
must be made "promptly." The rule does not,
and probably could not, state a time limit for
making particular repairs, given the variety of
circumstances involved. However, repairing
accessible features must be made a high
priority. Allowing obstructions or out of order
accessibility equipment to persist beyond a
reasonable period of time would violate this
Part, as would mechanical failures due to
improper or inadequate maintenance. Failure
of the entity to ensure that accessible routes
are free of obstruction and properly
maintained, or failure to arrange prompt

45754 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

repair of inoperative elevators, lifts, or other
accessibility-related equipment, would also
violate this part.

The rule also requires that
accommodations be made to individuals with
disabilities who would otherwise use an
inoperative accessibility feature. For
example, when a rail system discovers that
an elevator is out of order, blocking access to
one of its stations, it could accommodate
users of the station by announcing the
problem at other stations to alert passengers
and offer accessible shuttle bus service
around the temporarily inaccessible station.
If a public address system were out of order,
the entity could designate personnel to
provide information to customers with visual
impairments.

Section 37.163 Keeping Vehicle Lifts in
Operative Condition — Public Entities

This section applies only to public entities.
Of course, like vehicle acquisition
requirements and other provisions applying
to public entities, these requirements also
apply when private entities "stand in the
shoes" of public entities in contracting
situations, as provided in § 37.23.

This section's first requirement is that the
entity establish a system of regular and
frequent maintenance checks of lifts
sufficient to determine if they are operative.

Vehicle and equipment maintenance is an
important component of successful accessible
service. In particular, an aggressive
preventive maintenance program for lifts is
essential. Lifts remain rather delicate pieces
of machinery, with many moving parts, which
often must operate in a harsh environment of
potholes, dust and gravel, variations in
temperature, snow, slush, and deicing
compounds. It is not surprising that they
sometimes break down.

The point of a preventive maintenance
program is to prevent breakdowns, of course.
But it is also important to catch broken lifts
as soon as possible, so that they can be
repaired promptly. Especially in a bus system
with relatively low lift usage, it is possible
that a vehicle could go for a number of days
without carrying a passenger who uses the
lift. It is highly undesirable for the next
passenger who needs a lift to be the person
who discovers that the lift is broken, when a
maintenance check by the operator could
have discovered the problem days earlier,
resulting in its repair.

Therefore, the entity must have a system
for regular and frequent checks, sufficient to
determine if lifts are actually operative. This
is not a requirement for the lift daily. (Indeed,
it is not. as such, a requirement for lift cycling
at all. If there is another means available of
checking the lift, it may be used.) If alternate
day checks, for example, are sufficient to
determine that lifts are actually working, then
they are permitted. If a lift is used in service
on a given day, that may be sufficient to
determine that the lift is operative with
respect to the next day. It would be a
violation of this part, however, for the entity
to neglect to check lifts regularly and
frequently, or to exhibit a pattern of lift
breakdowns in service resulting in stranded
passengers when the lifts had not been
checked before the vehicle failed to provide
required accessibility to passengers that day.

When a lift breaks down in service, the
driver must let the entity know about the
problem by the most immediate means
available. If the vehicle is equipped with a
radio or telephone, the driver must call in the
problem on the spot. If not, then the driver
would have to make a phone call at the first
opportunity (e.g., from a phone booth during
the turnaround time at the end of the run). It
is not sufficient to wait until the end of the
day and report the problem when the vehicle
returns to the barn.

When a lift is discovered to be inoperative,
either because of an in-service failure or as
the result of a maintenance check, the entity
must take the vehicle out of service before
the beginning of its next service day (with the
exception discussed below) and repair the lift
before the vehicle is put back into service. In
the case of an in-service failure, this means
that the vehicle can continue its runs on that
day, but cannot start a new service day
before the lift is repaired. If a maintenance
check in the evening after completion of a
day's run or in the morning before a day's
runs discloses the problem, then the bus
would not go into service until the repair had
taken place.

The Department realizes that, in the years
before bus fleets are completely accessible,
taking buses with lifts out of service for
repairs in this way would probably result in
an inaccessible spare bus being used on the
route, but at least attention would have to be
paid quickly to the lift repair, resulting in a
quicker return to service of a working
accessible bus.

The rule provides an exception for those
situations in which there is no spare vehicle
(either accessible or inaccessible) available
to take the place of the vehicle with an
operative lift, such that putting the latter
vehicle into the shop would result in a
reduction of service to the public (e.g., a
scheduled run on a route could not be made).
The Department would emphasize that the
exception does not apply when there is any
spare vehicle available.

Where the exception does apply, the
provider may keep the vehicle with the
inoperative lift in service for a maximum of
three days (for providers operating in an area
of over 50,000 population) or five days (for
providers operating in an area of 50,000
population or less). After these times have
elapsed, the vehicle must go into the shop,
not to return until the lift is repaired. Even
during the three- or five-day period, if an
accessible spare bus becomes available at
any time, it must be used in place of the bus
with the inoperative lift or an inaccessible
spare that is being used in its place.

In a fixed route system, if a bus is
operating without a working lift (either on the
day when the lift fails in service or as the
result of the exception discussed above) and
headways between accessible buses on the
route on which the vehicle is operating
exceed 30 minutes, the entity must
accommodate passengers who would
otherwise be inconvenienced by the lack of
an accessible bus. This accommodation
would be by a paratransit or other special
vehicle that would pick up passengers with
disabilities who cannot use the regular bus
because its lift is inoperative. Passengers

who need lifts in this situation would, in I
effect, be ADA paratransit eligible under the
second eligibility category. However, since
they would have no way of knowing that the
bus they sought to catch would not be
accessible that day, the transit authority must
actively provide alternative service to them.
This could be done, for example, by having a
"shadow" accessible service available along
the route or having the bus driver call in the
minute he saw an accessible passenger he
could not pick up (including the original
passenger stranded by an in-service lift
failure), with a short (i.e., less than 30-minute)
response from an accessible vehicle
dispatched to pick up the stranded passenger.
To minimize problems in providing such
service, when a transit authority is using the
"no spare vehicles " exception, the entity
could place the vehicle with the inoperative
lift on a route with headways between
accessible buses shorter than 30 minutes.

Section 37. 165 Lift and Securement Use

This provision applies to both public and
private entities.

All people using common wheelchairs (an
inclusive term for mobility devices that fit on
lifts meeting Access Board guideline
dimensions — 30" by 48" and a maximum of
600 pounds for device and user combined —
which includes three-wheeled scooters and
other so-called non-traditional mobility
devices) are to be allowed to ride the entity's
vehicles. i

Entities may require wheelchair users to '
ride in designated securement locations. That
is, the entity is not required to carry
wheelchair users whose wheelchairs would
have to park in an aisle or other location
where they could obstruct other persons'
passage or where they could not be secured
or restrained. An entity's vehicle is not
required to pick up a wheelchair user when
the securement locations are full, just as the
vehicle may pass by other passengers waiting
at the stop if the bus is full.

The entity may require that wheelchair
users make use of securement systems for
their mobility devices. The entity, in other
words, can require wheelchair users to
"buckle up" their mobility devices. The entity
is required, on a vehicle meeting Part 38
standards, to use the securement system to
secure wheelchairs as provided in that Part.
On other vehicles (e.g., existing vehicles with
securement systems which do not comply
with Part 38 standards), the entity must
provide and use a securement system to
ensure that the mobility device remains
within the securement area. This latter
requirement is a mandate to use best efforts
to restrain or confine the wheelchair to the
securement area. The entity does the best it
can, given its securement technology and the
nature of the wheelchair. The Department
encourages entities with relatively less
adequate securement systems on their
vehicles, where feasible, to retrofit the
vehicles with better securement systems, thatj
can successfully restrain a wide variety of
wheelchairs. It is our understanding that the
cost of doing so is not enormous.

An entity may not, in any case, deny
transportation to a common wheelchair and

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45755

its user because the wheelchair cannot be
secured or restrained by a vehicle's
securement system, to the entity's
satisfaction.

Entities have often recommended or
required that a wheelchair user transfer out
of his or her own device into a vehicle seat.
Under this rule, it is no longer permissible to
require such a transfer. The entity may
provide information on risks and make a
recommendation with respect to transfer, but
the final decision on whether to transfer is up
to the passenger.

The entity's personnel have an obligation
to ensure that a passenger with a disability is
able to take advantage of the accessibility
and safety features on vehicles.
Consequently, the driver or other personnel
must provide assistance with the use of lifts,
ramps, and securement devices. For example,
the driver must deploy the lift properly and
safely. If the passenger cannot do so
independently, the driver must assist the
passenger with using the securement device.
On a vehicle which uses a ramp for entry, the
driver may have to assist in pushing a
manual wheelchair up the ramp (particularly
where the ramp slope is relatively steep). All
these actions my involve a driver leaving his
seat. Even in entities whose drivers
traditionally do not leave their seats (e.g.,
because of labor-management agreements or
company rules), this assistance must be
provided. This rule overrides any
requirements to the contrary.

Wheelchair users — especially those using
electric wheelchairs often have a preference
for entering a lift platform and vehicle in a
particular direction (e.g., backing on or going
on frontwards). Except where the only way of
successfully maneuvering a device onto a
vehicle or into its securement area, or an
overriding safety concern (i.e., a direct threat)
requires one way of doing this or another, the
transit provider should respect the
passenger's preference. We note that most
electric wheelchairs are usually not equipped
with rearview mirrors, and that many
persons who use them are not able to rotate
their heads sufficiently to see behind. When
an electric wheelchair must back up a
considerable distance, this can have
unfortunate results for other people's toes.

People using canes or walkers and other
standees with disabilities who do not use
wheelchairs but have difficulty using steps
(e.g., an elderly person who can walk on a
plane without use of a mobility aid but
cannot raise his or her legs sufficiently to
climb bus steps) must also be permitted to
use the lift, on request.

Section 37. 167 Other Service Requirements

The requirements in this section apply to
both public and private entities.

On fixed route systems, the entity must
announce stops. These stops include transfer
points with other fixed routes. This means
that any lime a vehicle is to stop where a
passenger can get off and transfer to another
bus or rail Ime (or to another form of
transportation, such as commuter rail or
ferry), the stop would be announced. The
announcement can be made personally by
the vehicle operator or can be made by a
recording system. If the vehicle is small

enough so that the operator can make himself
or herself heard without a P.A. system, it is
not necessary to use the system.

Announcements also must be made at
major intersections or destination points. The
rule does not define what major intersections
or destination points are. This is a judgmental
matter best left to the local planning process.
In addition, the entity must make
announcements at sufficient intervals along a
route to orient a visually impaired passenger
to his or her location. The other required
announcements may serve this function in
many instances, but if there is a long distance
between other announcements, fill-in
orientation announcements would be called
for. The entity must announce any slop
requested by a passenger with a disability,
even if it does not meet any of the other
criteria for announcement.

When vehicles from more than one route
serve a given stop or station, the entity must
provide a means to assist an individual with
a visual impairment or other disability in
determining which is the proper vehicle to
enter. Some entities have used external
speakers. UMTA is undertaking a study to
determine what is the best available
technology in this area. Some transit
properties have used colored mitts, or
numbered cards, to allow passengers to
inform drivers of what route they wanted to
use. The idea is to prevent, at a stop where
vehicles from a number of routes arrive, a
person with a visual impairment from having
to ask every driver whether the bus is the
right one. The rule does not prescribe what
means is to be used, only that some effective
means be provided.

Service animals shall always be permitted
to accompany their users in any private or
public transportation vehicle or facility. One
of the most common misunderstandings
about service animals is that they are limited
to being guide dogs for persons with visual
impairments. Dogs are trained to assist
people with a wide variety of disabilities,
includmg individuals with hearing and
mobility impairments. Other animals (e.g.,
monkeys) are sometimes used as service
animals as well. In any of these situations,
the entity must permit the service animal to
accompany its user.

Part 38 requires a variety of accessibility
equipment. This section requires that the
entity use the equipment it has. For example,
it would be contrary to this provision for a
transit authority to bolt its bus lifts shut
because transit authority had difficulty
maintaining the lifts. It does little good to
have a public address system on a vehicle if
the operator does not use it to make
announcements (except, as noted above, in
the situation where the driver can make
himself or herself heard without recourse to
amplification.)

Entities must make communications and
information available, using accessible
formats and technology (e.g.. Braille, large
print. TDDs) to obtain information about
transportation services. Someone cannot
adequately use the bus system if schedule
and route information is not available in a
form he or she can use. If there is only one
phone line on which ADA paratransit eligible
individuals can reserve trips, and the line is

chronically busy, individuals cannot schedule
service. Such obstacles to the use of
transportation service are contrary to this
section. (The latter could, in some
circumstances, be viewed as a capacity
constraint.)

It is inconsistent with this section for a
transit provider to refuse to let a passenger
use a lift at any designated stop, unless the
lift is physically unable to deploy or the lift
would be damaged if it did deploy (see
discussion under § 37.123). In addition, if a
temporary situation at the stop (e.g.,
construction, an accident, a landslide) made
the stop unsafe for anyone to use, the
provider could decline to operate the lift
there (just as it refused to open the door for
other passengers at the same point). The
provider could not, however, declare a stop
"off limits" to persons with disabilities that is
u, ed for other persons. If the transit authority
has concerns about barriers or safety hazards
that peculiarly affect individuals with
disabilities that would use the stop, it should
consider making efforts to move the stop.

Under DOT hazardous materials rules, a
passenger may bring a portable medical
oxygen supply on board a vehicle. Since the
hazardous materials rules permit this, transit
providers cannot prohibit it. For further
information on hazardous materials rules, as
they may affect transportation of assistive
devices, entities may contact the
Department's Research and Special Programs
Administration, Office of Hazardous
Materials Transportation (202-366-0656).

One concern that has been expressed is
that transportation systems (particularly
some rail systems) may make it difficult for
persons with disabilities to board or
disembark from vehicles by very rapidly
closing doors on the vehicles before
individuals with disabilities (who may move
more slowly through crowds in the vehicle or
platform than other persons) have a chance
to get on or off the vehicle. Doing so is
contrary to the rule; operators must make
appropriate provision to give individuals with
disabilities adequate time to board or
disembark.

Section 37. 169 Interim Requirements for
Over-the-Road Bus Service Operated by
Private Entities

Private over-the-road bus (OTRB) service
is, first of all, subject to all the other private
entity requirements of the rule. The
requirements of this section are in addition to
the other applicable provisions.

Boarding assistance is required. The
Department cannot require any particular
boarding assistance devices at this time.
Each operator may decide what mode of
boarding assistance is appropriate for its
operation. We agree with the discussion in
the DO) Title II rule's preamble that carrying
is a disfavored method of providing
assistance to an individual with a disability.
However, since accessible private OTRBs
cannot be required by this rule, there may be
times when carrying is the only available
means of providing access to an OTRB, if the
entity does not exercise its discretion to
provide an alternative means. It is required
by the rule that any employee who provides

45756 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

boarding assistance — above all, who may
carry or otherwise directly physically assist a
passenger — must be trained to provide this
assistance appropriately and safely.

The baggage priority provision for
wheelchairs and other assistive devices
involves a similar procedure to that
established in the Department's Air Carrier
Access Act rule (14 CFR part 382). In brief, it
provides that, at any given stop, a person
with a wheelchair or other assistive device
would have the device loaded before other
items at this stop. An individual traveling
with a wheelchair is not similarly situated to
a person traveling with luggage. For the
wheelchair user, the wheelchair is an
essential mobility device, without which
travel is impossible. The rationale of this
provision is that, while no one wants his or
her items left behind, carrying the wheelchair
is more important to its user than ordinary
luggage to a traveler If it comes to an either/
or choice (the wheelchair user's luggage
would not have any priority over other
luggage, however). There would be no
requirement, under this provision, for
"bumping" baggage already on the bus from
previous stops in order to make room for the
wheelchair.

The entity could require advance notice
from a passenger in only one circumstance. If
a passenger needed boarding assistance, the
entity could require up to 48 hours' advance
notice for the purpose of providing needed
assistance. While advance notice
requirements are generally undesirable, this
appears to be a case in which a needed
accommodation may be able to be provided
successfully only if the transportation
provider knows in advance that some extra
staffing is needed to accomplish it. While the
primary need for advance notice appears to
be in the situation of an unstaffed station.
there could be other situations in which
advance notice was needed in order to
ensure that the accommodation could be
made. Entities should not ask for advance
notice in all cases, but just in those cases in
which it is really needed for this purpose.
Even if advance notice is not provided, the
entity has the obligation to provide boarding
assistance if it can be provided with
available staff.

Section 37.171 Equivalency Requirement for
Demand Responsive Service Operated by
Private Entities Not Primarily in the Business
of Transporting People

This provision is a service requirement
closely related to the private entity
requirements for §§ 37.101-37.105 of this part.
Entities in this category are always required
to provide equivalent service, regardless of
what they are doing with respect to the
acquisition of vehicles. The effect of this
provision may be to require some entities to
arrange, either through acquiring their own
accessible vehicles or coordinating with other
providers, to have accessible vehicles
available to meet the equivalency standards
of § 37.105 or otherwise to comply with those
standards.

Section 37. 1 73 Training

A well-trained workforce is essential In
-ensuring that the accessibility-related

equipment and accommodations required by
the ADA actually result in the delivery of
good transportation service to individuals
with disabilities. The utility of training was
recognized by Congress as well. {See S Rept.
100-116 at 48.) At the same time, we believe
that training should be conducted in an
efficient and effective manner, with
appropriate flexibility allowed to the
organizations that must carry it out. Each
transportation provider is to design a training
program which suits the needs of its
particular operation. While we are confident
of this approach, we are mindful that the
apparent lack of training has been a source of
complaint to UMTA and transit providers.
Good training is difficult and it is essential

Several points of this section deserve
emphasis. First, the requirements for training
apply to private as well as to public
providers, of demand responsive as well as of
fixed route service Training is just as
necessary for the driver of a taxicab, a hotel
shuttle, or a tour bus as it is for a driver in an
UMTA-funded city bus system.

Second, training must be to proficiency.
The Department is not requiring a specific
course of training or the submission of a
training plan for DOT approval. However,
every employee of a transportation provider
who is Involved with service to persons with
disabilities must have been trained so that he
or she knows what needs to be done to
provide the service in the right way. When it
comes to providing service to individuals
with disabilities, ignorance is no excuse for
failure.

While there is no specific requirement for
recurrent or refresher training, there is an
obligation to ensure that, at any given time,
employees are trained to proficiency. An
employee who has forgotten what he was
told in past training sessions, so that he or
she does not know what needs to be done to
serve Individuals with disabilities, does not
meet the standard of being trained to
proficiency.

1 bird, training must be appropriate to the
dutlf's of each employee. A paratransit
dispatcher probably must know how to use a
TDD and enough about various disabilities to
know what sort of vehicle to dispatch. A bus
driver must know how to operate lifts and
securement devices properly. A mechanic
who works on lifts must know how to
maintain them. Cross-training, while useful in
some instances. Is not required, so long as
each employee is trained to proficiency in
what he or she does with respect to service to
individuals with disabilities.

Fourth, the training requirement goes both
to technical tasks and human relations.
Employees obviously need to know how to
run equipment the right way. If an employee
will be assisting wheelchair users in
transferring from a wheelchair to a vehicle
seat, the employee needs training in how to
do this safely. But every public contact
employee also has to understand the
necessity of treating individuals with
disabilities courteously and respectfully, and
the details of what thai involves.

One of the best sources of information on

how best to train personnel^ t^i.oleracl

appropriately with individuals with
disabilities is the disability community itself

Consequently, the Department urges entities
to consult with disability organizations d

concerning how to train their personnel. "

Involving these groups In the process of
establishing training programs, in addition to
providing useful information, should help to
establish or improve working relationships
among transit providers and disability groups
that, necessarily, will be of long duration. We
note that several transit providers use
persons with disabilities to provide the actual
training. Others have reported that role
playing is an effective method to instill an
appreciation of the particular perspective of
one travelirvg with a disability.

Finally, one of the important points in
training concerns differences among
individuals with disabilities. All individuals
with disabilities, of course, are not alike. The
appropriate ways one deals with persons
with various kinds of disabilities (e.g.,
mobility, vision, hearing, or mental
impairments) are likely to differ and, while
no one expects bus drivers to be trained as
disability specialists, recognizing relevant
differences and responding to them
appropriately is extremely significant. Public
entitles who contract with private entities to
have service provided — above all,
complementary paratransit — are responsible
for ensuring that contractor personnel receive
the appropriate training.

Title 49, Code of Federal Regulations,
is amended by adding a new part 38, to |
read as follows: \

PART 38— AMERICANS WITH
DISABILITIES ACT (ADA)
ACCESSIBILITY SPECIFICATIONS FOR
TRANSPORTATION VEHICLES

Subpart A — General

Sec.

38.1 Purpose.

38.2 Equivalent facilitation.

38.3 Definitions.

38.4 Miscellaneous instructions.

Subpart B— Buses, Vans and Systems

38.21 General.

38.23 Mobility aid accessibility.

38.25 Doors, steps and thresholds.

38.27 Priority seating signs.

38.29 Interior circulation, handrails and

stanchions.

,38.31 Lighting.

38.33 Fare box.

38.35 Public information system.

38.37 Stop request.

38.39 Destination and route signs.

Subpart C— Rapid Rail Vehicles and
Systems

3851 General.
38.53 Doorways.
38.55 Priority seating signs.
38.57 Interior circulation, handrails and j

stanchions. |

^8.59 Tloor surfaces. ' - —

38.61 Public information system.
38.63 Betwecn-car barriers.

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45757

Subpart D— Ught Rail Vehicles and
Systems

38.71 General.

38.73 Doorways.

38.75 Priority seating signs.

38.77 Interior circulation, handrails and

stanchions.
38.79 Floors, steps and thresholds,
38.81 Lighting.

38.83 Mobility aid accessibility.
38.85 Between-car barriers.
38.87 Public information system.

Subpart E— Commuter Rail Cars and
Systems

38.91 General.

38.93 Doorways.

38.95 Mobility aid accessibility.

38.97 Interior circulation, handrails and

stanchions.
38.99 Floors, steps and thresholds.
38.101 Lighting.

38.103 Public information system.
38.105 Priority seating signs.
38.107 Restrooms.
38.109 Between-car barriers.

Subpart F— Intercity Rail Cars and Systems

38.111 General.

38.113 Doorways.

38.115 Interior circulation, handrails and

stanchions.
38.117 Floors, steps and thresholds.
38.119 Lighting.

38.121 Public information system,
38.123 Restrooms.
38.125 Mobility aid accessibility.
38.127 Sleeping compartments.

Subpart G— Over-the-Road Buses and
Systems

38.151 General.

38.153 Doors, steps and thresholds.

38.155 Interior circulation, handrails and

stanchions.
38.157 Lighting.
38.159 Mobility aid accessibility. [Reserved]

Subpart H— Other Vehicles and Systems

38.171 General.

38.173 Automated guideway transit vehicles

and systems.
38.175 High-speed rail cars, monorails and

systems.
38.177 Ferries, excursion boats and other

vessels. (Reserved]
38.179 Trams, and similar vehicles, and

systems.

Figures in Part 38

Appendix to Part 38: Guidance Material

Authority: Americans With Disabilities Act
of 1990, Public Law. 101-336 (42 U.S.C. 12204);
49 U.S.C. 322.

Subpart A— General

§38.1 Purpose.

This part provides minimum
guidelines and requirements for
accessibility standards in part 37 of this
title for transportation vehicles required
to be accessible by the Americans With
Disabilities Act (ADA) of 1990 (42 U.S.C.
1201 et seq.).

§ 38.2 Equivalent facilitation.

Departures from particular technical
and scoping requirements of these
guidelines by use of other designs and
technologies are permitted where the
alternative designs and technologies
used will provide substantially
equivalent or greater access to and
usability of the vehicle. Departures are
to be considered on a case-by-case
basis under procedures set forth in
§ 37.7 of this title.

§ 38.3 Definitions.

See § 37.3 of this title.

§ 38.4 Miscellaneous instructions.

(a) Dimensional conventions.
Dimensions that are not noted as
minimum or maximum are absolute.

(b) Dimensional tolerances. All
dimensions are subject to conventional
engineering tolerances for material
properties and field conditions,
including normal anticipated wear not
exceeding accepted industry-wide
standards and practices.

(c) Notes. The text of these guidelines
does not contain notes or footnotes.
Additional information, explanations,
and advisory materials are located in
the Appendix.

(d) General terminology. (1) Comply
with means meet one or more
specification of these guidelines.

(2) //or // * ' * then denotes a
specification that applies only when the
conditions described are present.

(3) May denotes an option or
alternative.

(4) Shall denotes a mandatory
specification or requirement.

(5) Should denotes an advisory
specification or recommendation.

Subpart B— Buses, Vans and Systems

§ 38.21 GeneraL

(a) New, used or remanufactured
buses and vans (except over-the-road
buses covered by subpart G of this part),
to be considered accessible by
regulations in part 37 of this title shall
comply with the applicable provisions of
this subpart.

(b) If portions of the vehicle are
modified in a way that affects or could
affect accessibility, each such portion
shall comply, to the extent practicable,
with the applicable provisions of this
subpart. This provision does not require
that inaccessible buses be retrofitted
with lifts, ramps or other boarding
devices.

§ 38.23 Mobility aid accessibility.

(a) General. All vehicles covered by
this subpart shall provide a level-change
mechanism or boarding device (e.g., lift
or ramp) complying with paragraph (b)

or (c) of this section and sufficient
clearances to permit a wheelchair or
other mobility aid user to reach a
securement location. At least two
securement locations and devices,
complying with paragraph (d) of this
section, shall be provided on vehicles in
excess of 22 feet in length; at least one
securement location and device,
complying with paragraph (d) of this
section, shall be provided on vehicles 22
feet in length or less.

(b) Vehicle lift—(\) Design load. The
design load of the lift shall be at least
600 pounds. Working parts, such as
cables, pulleys, and shafts, which can be
expected to wear, and upon which the
lift depends for support of the load, shall
have a safety factor of at least six,
based on the ultimate strength of the
material. Nonworking parts, such as
platform, frame, and attachment
hardware which would not be expected
to wear, shall have a safety factor of at
least three, based on the ultimate
strength of the material.

(2) Controls — (i) Requirements. The
controls shall be interlocked with the
vehicle brakes, transmission, or door, or
shall provide other appropriate
mechanisms or systems, to ensure that
the vehicle cannot be moved when the
lift is not stowed and so the lift cannot
be deployed unless the interlocks or
systems are engaged. The lift shall
deploy to all levels (i.e., ground, curb,
and intermediate positions) normally
encountered in the operating
environment. Where provided, each
control for deploying, lowering, raising,
and stowing the lift and lowering the
roll-off barrier shall be of a momentary
contact type requiring continuous
manual pressure by the operator and
shall not allow improper lift sequencing
when the lift platform is occupied. The
controls shall allow reversal of the lift
operation sequence, such as raising or
lowering a platform that is part way
down, without allowing an occupied
platform to fold or retract into the
stowed position.

(ii) Exception. Where the lift is
designed to deploy with its long
dimension parallel to the vehicle axis
and which pivots into or out of the
vehicle while occupied (i.e., "rotary
lift"), the requirements of this paragraph
prohibiting the lift from being stowed
while occupied shall not apply if the
stowed position is within the passenger
compartment and the lift is intended to
be stowed while occupied.

(3) Emergency operation. The lift sliall
incorporate an emergency method of
deploying, lowering to ground level with
a lift occupant, and raising and stowing
the empty lift if the power to the lift

45758 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

fails. No emergency method, manual or
otherwise, shall be capable of being
operated in a manner that could be
hazardous to the lift occupant or to the
operator when operated according to
manufacturer's instructions, and shall
not permit the platform to be stowed or
folded when occupied, unless the lift is a
rotary lift and is intended to be stowed
while occupied.

(4) Power or equipment failure.
Platforms stowed in a vertical position,
and deployed platforms when occupied,
shall have provisions to prevent their
deploying, falling, or folding any faster
than 12 inches/second or their dropping
of an occupant in the event of a single
failure of any load carrying component.

(5) Platform barriers. The lift platform
shall be equipped with barriers to
prevent any of the wheels of a
wheelchair or mobility aid from rolling
off the platform during its operation. A
movable barrier or inherent design
feature shall prevent a wheelchair or
mobility aid from rolling off the edge
closest to the vehicle until the platform
is in its fully raised position. Each side
of the lift platform which extends
beyond the vehicle in its raised position
shall have a barrier a minimum IV2
inches high. Such barriers shall not
interfere with maneuvering into or out of
the aisle. The loading-edge barrier (outer
barrier) which functions as a loading
ramp when the lift is at ground level,
shall be sufficient when raised or
closed, or a supplementary system shall
be provided, to prevent a power
wheelchair or mobility aid from riding
over or defeating it. The outer barrier of
the lift shall automatically raise or close,
or a supplementary system shall
automatically engage, and remain
raised, closed, or engaged at all times
that the platform is more than 3 inches
above the roadway or sidewalk and the
platform is occupied. Alternatively, a
barrier or system may be raised,
lowered, opened, closed, engaged, or
disengaged by the lift operator, provided
an interlock or inherent design feature
prevents the lift from rising unless the
barrier is raised or closed or the
supplementary system is engaged.

(6) Platform surface. The platform
surface shall be free of any protrusions
over Vi inch high and shall be slip
resistant. The platform shall have a
minimum clear width of 28 V2 inches at
the platform, a minimum clear width of
30 inches measured from 2 inches above
the platform surface to 30 inches above
the platform, and a minimum clear
length of 48 inches measured from 2
inches above the surface of the platform
to 30 inches above the surface of the
platform. (See Fig. 1)

(7) Platform gaps. Any openings
between the platform surface and the
raised barriers shall not exceed % inch
in width. When the platform is at
vehicle floor height with the inner
barrier (if applicable) down or retracted,
gaps between the forward lift platform
edge and the vehicle floor shall not
exceed Vz inch horizontally and % inch
vertically. Platforms on semi-automatic
lifts may have a hand hold not
exceeding 1 V2 inches by 4'/2 inches
located between the edge barriers.

(8) Platform entrance ramp. The
entrance ramp, or loading-edge barrier
used as a ramp, shall not exceed a slope
of 1:8, measured on level ground, for a
maximum rise of 3 inches, and the
transition from roadway or sidewalk to
ramp may be vertical without edge
treatment up to V* inch. Thresholds
between Vi inch and V2 inch high shall
be beveled with a slope no greater than
1:2.

(9) Platform deflection. The lift
platform (not including the entrance
ramp) shall not deflect more than 3
degrees (exclusive of vehicle roll or
pitch) in any direction between its
unloaded position and its position when
loaded with 600 pounds applied through
a 26 inch by 26 inch test pallet at the
centroid of the platform.

(10) Platform movement. No part of
the platform shall move at a rate
exceeding 6 inches/second during
lowering and lifting an occupant, and
shall not exceed 12 inches/second
during deploying or stowing. This
requirement does not apply to the
deployment or stowage cycles of lifts
that are manually deployed or stowed.
The maximum platform horizontal and
vertical acceleration when occupied
shall be 0.3g.

(11) Boarding direction. The lift shall
permit both inboard and outboard facing
of wheelchair and mobility aid users.

(12) Use by standees. Lifts shall
accommodate persons using walkers,
crutches, canes or braces or who
otherwise have difficulty using steps.
The platform may be marked to indicate
a preferred standing position.

(13) Handrails. Platforms on lifts shall
be equipped with handrails on two
sides, which move in tandem with the
lift, and which shall be graspable and
provide support to standees throughout
the entire lift operation. Handrails shall
have a usable component at least 8
inches long with the lowest portion a
minimum 30 inches above the platform
and the highest portion a maximum 38
inches above the platform. The
handrails shall be capable of
withstanding a force of 100 pounds
concentrated at any point on the

handrail without permanent deformatioi
of the rail or its supporting structure. *
The handrail shall have a cross-
sectional diameter between iVi inches
and IV2 inches or shall provide an
equivalent grasping surface, and have
eased edges with corner radii of not less
than V% inch. Handrails shall be placed
to provide a minimum iVa inches
knuckle clearance from the nearest
adjacent surface. Handrails shall not
interfere with wheelchair or mobility aid
maneuverability when entering or
leaving the vehicle.

(c) Vehicle ramp — (1) Design load.
Ramps 30 inches or longer shall support
a load of 600 pounds, placed at the
centroid of the ramp distributed over an
area of 26 inches by 26 inches, with a
safety factor of at least 3 based on the
ultimate strength of the material. Ramps
shorter than 30 inches shall support a
load of 300 pounds.

(2) Ramp surface. The ramp surface
shall be continuous and slip resistant;
shall not have protrusions from the
surface greater than V4 inch high; shall
have a clear width of 30 inches; and
shall accommodate both four-wheel and
three-wheel mobility aids.

(3) Ramp threshold. The transition
from roadway or sidewalk and the -
transition from vehicle floor to the ramp[
may be vertical without edge treatment
up to Vi inch. Changes in level between
'/4 inch and V2 inch shall be beveled
with a slope no greater than 1:2.

(4) Ramp barriers. Each side of the
ramp shall have barriers at least 2
inches high to prevent mobility aid
wheels from slipping off.

(5) Slope. Ramps shall have the least
slope practicable and shall not exceed
1:4 when deployed to ground level. If the
height of the vehicle floor from which
the ramp is deployed is 3 inches or less
above a 6-inch curb, a maximum slope
of 1:4 is permitted; if the height of the
vehicle floor from which the ramp is
deployed is 6 inches or less, but greater
than 3 inches, above a 6-inch curb, a
maximum slope of 1:6 is permitted; if the
height of the vehicle floor from which
the ramp is deployed is 9 inches or less,
but greater than 6 inches, above a 6-inch
curb, a maximum slope of 1:8 is
permitted; if the height of the vehicle
floor from which the ramp is deployed is
greater than 9 inches above a 6-inch
curb, a slope of 1:12 shall be achieved.
Folding or telescoping ramps are
permitted provided they meet all
structural requirements of this section.

(6) Attachment. When in use for |
boarding or alighting, the ramp shall be "
firmly attached to the vehicle so that it

is not subject to displacement when
loading or unloading a heavy power

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45759

mobility aid and that no gap between
vehicle and ramp exceeds % inch.

(7) Stowage. A compartment,
securement system, or other appropriate
method shall be provided to ensure that
stoM^ed ramps, including portable ramps
stowed in the passenger area, do not
impinge on a passenger's wheelchair or
mobility aid or pose any hazard to
passengers in the event of a sudden stop
or maneuver.

(8) Handrails. If provided, handrails
shall allow persons with disabilities to
grasp them from outside the vehicle
while starting to board, and to continue
to use them throughout the boarding
process, and shall have the top between
30 inches and 38 inches above the ramp
surface. The handrails shall be capable
of withstanding a force of 100 pounds
concentrated at any point on the
handrail without permanent deformation
of the rail or its supporting structure.
The handrail shall have a cross-
sectional diameter between iVi inches
and I'/a inches or shall provide an
equivalent grasping surface, and have
eased edges with corner radii of not less
than Vs inch. Handrails shall not
interfere with wheelchair or mobility aid
maneuverability when entering or
leaving the vehicle.

(d) Securement devices — (1) Design
load. Securement systems on vehicles
with GVWRs of 30,000 pounds or above,
and their attachments to such vehicles,
shall restrain a force in the forward
longitudinal direction of up to 2,000
pounds per securement leg or clamping
mechanism and a minimum of 4,000
pounds for each mobility aid.
Securement systems on vehicles with
GVWRs of up to 30,000 pounds, and
their attachments to such vehicles, shall
restrain a force in the forward
longitudinal direction of up to 2,500
pounds per securement leg or clamping
mechanism and a minimum of 5,000
pounds for each mobility aid.

(2) Location and size. The securement
system shall be placed as near to the
accessible entrance as practicable and
shall have a clear floor area of 30 inches
by 48 inches. Such space shall adjoin,
and may overlap, an access path. Not
more than 6 inches of the required clear
floor space may be accommodated for
footrests under another seat provided
there is a minimum of 9 inches from the
floor to the lowest part of the seat
overhanging the space. Securement
areas may have fold-down seats to
accommodate other passengers when a
wheelchair or mobility aid is not
occupying the area, provided the seats,
when folded up, do not obstruct the
clear floor space required. (See Fig. 2)

(3) Mobility aids accommodated. The
securement system shall secure common

wheelchairs and mobility aids and shall
either be automatic or easily attached
by a person familiar with the system
and mobility aid and having average
dexterity.

(4) Orientation. In vehicles in excess
of 22 feet in length, at least one
securement device or system required
by paragraph (a) of this section shall
secure the wheelchair or mobility aid
facing toward the front of the vehicle.
Additional securement devices or
systems shall secure the wheelchair or
mobility aid facing forward, or rearward
with a padded barrier, extending from a
height of 38 inches from the vehicle floor
to a height of 56 inches from the vehicle
floor with a width of 18 inches, laterally
centered immediately in back of the
seated individual. In vehicles 22 feet in
length or less, the required securement
device may secure the wheelchair or
mobility aid either facing toward the
front of the vehicle or facing rearward,
with a padded barrier as described.
Additional securement locations shall
be either forward of rearward facing
with a padded barrier. Such barriers
need not be solid provided equivalent
protection is afforded.

(5) Movement. When the wheelchair
or mobility aid is secured in accordance
with manufacturer's instructions, the
securement system shall limit the
movement of an occupied wheelchair or
mobility aid to no more than 2 inches in
any direction under normal vehicle
operating conditions.

(6) Stowage. When not being used for
securement, or when the securement
area can be used by standees, the
securement system shall not interfere
with passenger movement, shall not
present any hazardous condition, shall
be reasonably protected from
vandalism, and shall be readily
accessed when needed for use.

(7) Seat belt and shoulder harness.
For each wheelchair or mobility aid
securement device provided, a
passenger seat belt and shoulder
harness, complying with all applicable
provisions of part 571 of this title, shall
also be provided for use by wheelchair
or mobility aid users. Such seat belts
and shoulder harnesses shall not be
used in lieu of a device which secures
the wheelchair or mobility aid itself.

§ 38.25 Doors, steps and thresholds.

(a) Slip resistance. All aisles, steps,
floor areas where people walk and
floors in securement locations shall
have slip-resistant surfaces.

(b) Contrast. All step edges,
thresholds and the boarding edge of
ramps or lift platforms shall have a band
of color(s) running the full width of the
step or edge which contrasts from the

step tread and riser, or lift or ramp
surface, either light-on-dark or dark-on-
light.

(c) Door height. For vehicles in excess
of 22 feet in length, the overhead
clearance between the top of the door
opening and the raised lift platform, or
highest point of a ramp, shall be a
minimum of 68 inches. For vehicles of 22
feet in length or less, the overhead
clearance between the top of the door
opening and the raised lift platform, or
highest point of a ramp, shall be a
minimum of 56 inches.

§ 38.27 Priority seating signs.

(a) Each vehicle shall contain sign(s)
which indicate that seats in the front of
the vehicle are priority seats for persons
with disabilities, and that other
passengers should make such seats
available to those who wish to use them.
At least one set of forward-facing seats
shall be so designated.

(b) Each securement location shall
have a sign designating it as such.

(c) Characters on signs required by
paragraphs (a) and (b) of this section
shall have a width-to-height ratio
between 3:5 and 1:1 and a stroke width-
to-height ratio between 1:5 and 1:10,
with a minimum character height (using
an upper case "X") of % inch, with
"wide" spacing (generally, the space
between letters shall be Vie the height of
upper case letters), and shall contrast
with the background either light-on-dark
or dark-on-light.

§ 38.29 Interior circulation, handrails and
stanchions.

(a) Interior handrails and stanchions
shall permit sufficient turning and
maneuvering space for wheelchairs and
other mobility aids to reach a
securement location from the lift or
ramp.

(b) Handrails and stanchions shall be
provided in the entrance to the vehicle
in a configuration which allows persons
with disabilities to grasp such assists
from outside the vehicle while starting
to board, and to continue using such
assists throughout the boarding and fare
collection process. Handrails shall have
a cross-sectional diameter between iVi
inches and IV2 inches or shall provide
an equivalent grasping surface, and
have eased edges with corner radii of
not less than Ve inch. Handrails shall be
placed to provide a minimum iVi inches
knuckle clearance from the nearest
adjacent surface. Where on-board fare
collection devices are used on vehicles
in excess of 22 feet in length, a
horizontal passenger assist shall be
located across the front of the vehicle
and shall prevent passengers from

45760 Federal Register / Vol. 56, No. 173 / Friday. September 6. 1991 / Rules and Regulations

sustaining injuries on the fare collection
device or windshield in the event of a
sudden deceleration. Without restricting
the vestibule space, the assist shall
provide support for a boarding
passenger from the front door through
the boarding procedure. Passengers
shall be able to lean against the assist
for security while paying fares.

(c) For vehicles in excess of 22 feet in
length, overhead handrail(s) shall be
provided which shall be continuous
except for a gap at the rear doorway.

(d) Handrails and stanchions shall be
sufficient to permit safe boarding, on-
board circulation, seating and standing
assistance, and alighting by persons
with disabilities.

(e) For vehicles in excess of 22 feet in
length with front-door lifts or ramps,
vertical stanchions immediately behind
the driver shall either terminate at the
lower edge of the aisle-facing seats, if
applicable, or be "dog-legged" so that
the floor attachment does not impede or
interfere with wheelchair footrests. If
the driver seat platform must be passed
by a wheelchair or mobility aid user
entering the vehicle, the platform, to the
maximum extent practicable, shall not
extend into the aisle or vestibule beyond
the wheel housing.

(f) For vehicles in excess of 22 feet in
length, the minimum interior height
along the path from the lift to the
securement location shall be 68 inches.
For vehicles of 22 feet in length or less,
the minimum interior height from lift to
securement location shall be 56 inches.

§ 38.31 Lighting.

(a) Any stepwell or doorway
immediately adjacent to the driver shall
have, when the door is open, at least 2
foot-candles of illumination measured
on the step tread or lift platform.

(b) Other stepwells and doorways,
including doorways in which lifts or
ramps are installed, shall have, at all
times, at least 2 foot-candles of
illumination measured on the step tread,
or lift or ramp, when deployed at the
vehicle floor level.

(c) The vehicle doorways, including
doorways in which lifts or ramps are
installed, shall have outside light(s)
which, when the door is open, provide at
least 1 foot-candle of illumination on the
street surface for a distance of 3 feet
perpendicular to all points on the
bottom step tread outer edge. Such
light(3) shall be located below window
level and shielded to protect the eyes of
entering and existing passengers.

§ 38.33 Fare box.

Where provided, the farebox shall be
located as far forward as practicable
and shall not obstruct traffic in the

vestibule, especially wheelchairs or
mobility aids.

§ 38.35 Public information system.

(a) Vehicles in excess of 22 feet in
length, used in multiple-stop, fixed-route
service, shall be equipped with a public
address system permitting the driver, or
recorded or digitized human speech
messages, to announce stops and
provide other passenger information
within the vehicle.

(b) [Reserved]

§ 38.37 Stop request.

(a) Where passengers may board or
alight at multiple stops at their option,
vehicles in excess of 22 feet in length
shall provide controls adjacent to the
securement location for requesting stops
and which alerts the driver that a
mobility aid user wishes to disembark.
Such a system shall provide auditory
and visual indications that the request
has been made.

(b) Controls required by paragraph (a)
of this section shall be mounted no
higher than 48 inches and no lower than
15 inches above the floor, shall be
operable with one hand and shall not
require tight grasping, pinching, or
twisting of the wrist. The force required
to activate controls shall be no greater
than5lbf (22.2N).

§ 38.39 Destination and route signs.

(a) Where destination or route
information is displayed on the exterior
of a vehicle, each vehicle shall have
illuminated signs on the front and
boarding side of the vehicle.

(b) Characters on signs required by
paragraph (a) of this section shall have a
width-to-height ratio between 3:5 and 1:1
and a stroke width-to-height ratio
between 1:5 and 1:10, with a minimum
character height (using an upper case
"X") of 1 inch for signs on the boarding
side and a minimum character height of
2 inches for front "headsigns", with
"wide" spacing (generally, the space
between letters shall be l/l6 the height
of upper case letters), and shall contrast
with the background, either dark-on-
light or light-on-dark.

Subpart C— Rapid Rail Vehicles and
Systems

§ 38.51 General.

(a) New, used and remanufactured
rapid rail vehicles, to be considered
accessible by regulations in part 37 of
this title, shall comply with this subpart.

that inaccessible vehicles be retrofitted
with lifts, ramps or other boarding
devices.

retrofitted to comply with the "one-car-
per-train rule" of § 37.93 of this title
shall comply with §§ 38,55, 38.57(b),
38.59 of this part and shall have, in new
and key stations, at least one door
complying with §§ 38.53 (a)(1), (b) and
(d) of this part. Removal of seats is not
required. Vehicles previously designed
and manufactured in accordance with
the accessibility requirements of part
609 of this title or the Secretary of
Transportation regulations
implementing section 504 of the
Rehabilitation Act of 1973 that were in
effect before October 7, 1991, and which
can be entered and used from stations in
which they are to be operated, may be
used to satisfy the requirements of
§ 37.93 of this title.

§ 38.53 Doorways.

(a) Clear width. (1) Passenger
doorways on vehicle sides shall have
clear openings at least 32 inches wide
when open.

(2) If doorways connecting adjoining
cars in a multi-car train are provided,
and if such doorway is connected by an
aisle with a minimum clear width of 30
inches to one or more spaces where
wheelchair or mobility aid users can be i
accommodated, then such doorway
shall have a minimum clear opening of
30 inches to permit wheelchair and
mobility aid users to be evacuated to an
adjoining vehicle in an emergency.

(b) Signage. The International Symbol
of Accessibility shall be displayed on
the exterior of accessible vehicles
operating on an accessible rapid rail
system unless all vehicles are accessible
and are not marked by the access
symbol. (See Fig. 6.)

(d) Coordination with boarding
platform — (1) Requirements. Where new
vehicles will operate in new stations,
the design of vehicles shall be
coordinated with the boarding platform
design such that the horizontal gap
between each vehicle door at rest and
the platform shall be no greater than 3
inches and the height of the vehicle floor
shall be within plus or minus % inch of
the platform height under all normal
passenger load conditions. Vertical
alignment may be accomplished by
vehicle air suspension or other suitable
means of meeting the requirement.

(2) Exception. New vehicles operating^
in existing stations may have a floor *
height within plus or minus iy2 inches of

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45761

the platform height. At key stations, the
horizontal gap between at least one
door of each such vehicle and the
platform shall be no greater than 3
inches.

(3) Exception. Retrofitted vehicles
shall be coordinated with the platform
in new and key stations such that the
horizontal gap shall be no greater than 4
inches and the height of the vehicle
floor, under 50% passenger load, shall be
within plus or minus 2 inches of the
platform height.

§ 38.55 Priority seating signs.

(a) Each vehicle shall contain sign(s)
which indicate that certain seats are
priority seats for persons with
disabilities, and that other passengers
should make such seats available to
those who wish to use them.

(b) Characters on signs required by
paragraph (a) of this section shall have a
width-to-height ratio between 3:5 and 1:1
and a stroke width-to-height ratio
between 1:5 and 1:10, with a minimum
character height (using an upper case
"X") of Vs inch, with "wide" spacing
(generally, the space between letters
shall be Vie the height of upper case
letters), and shall contrast with the

, background, either light-on-dark or dark-
on-light.

§ 38.57 Interior circuiatton, handrails and
stanchions.

(a) Handrails and stanchions shall be
provided to assist safe boarding, on-
board circulation, seating and standing
assistance, and alighting by persons
with disabilities.

(b) Handrails, stanchions, and seats
shall allow a route at least 32 inches
wide 80 that at least two wheelchair or
mobility aid users can enter the vehicle
and position the wheelchairs or mobility
aids in areas, each having a minimum
clear space of 48 inches by 30 inches,
which do not unduly restrict movement
of other passengers. Space to
accommodate wheelchairs and mobility
aids may be provided within the normal
area used by standees and designation
of specific spaces is not required.
Particular attention shall be given to
ensuring maximum maneuverability
immediately inside doors. Ample
vertical stanchions from ceiling to seat-
back rails shall be provided. Vertical
stanchions from ceiling to floor shall not
interfere with wheelchair or mobility aid
user circulation and shall be kept to a
minimum in the vicinity of doors.

(c) The diameter or width of the
gripping surface of handrails and
stanchions shall be \V* inches to IV^
inches or provide an equivalent gripping
surface and shall provide a minimum

1V2 inches knuckle clearance from the
nearest adjacent surface,

§ 38.59 Floor surfaces.

Floor surfaces on aisles, places for
standees, and areas where wheelchair
and mobility aid users are to be
accommodated shall be slip-resistant.

§ 38.61 Public information system.

(a)(1) Requirements. Each vehicle
shall be equipped with a public address
system permitting transportation system
personnel, or recorded or digitized
human speech messages, to announce
stations and provide other passenger
information. Alternative systems or
devices which provide equivalent access
are also permitted. Each vehicle
operating in stations having more than
one line or route shall have an external
public address system to permit
transportation system personnel, or
recorded or digitized human speech
messages, to announce train, route, or
line identification information.

(2) Exception. Where station
announcement systems provide
information on arriving trains, an
external train speaker is not required.

(b) [Reserved].

§ 38.63 Between-car barriers.

(a) Requirement. Suitable devices or
systems shall be provided to prevent,
deter or warn individuals from
inadvertently stepping off the platform
between cars. Acceptable solutions
include, but are not limited to,
pantograph gates, chains, motion
detectors or similar devices.

(b) Exception. Between-car barriers
are not required where platform screens
are provided which close off the
platform edge and open only when
trains are correctly aligned with the
doors.

Subpart D— Light Rail Vehicles and
Systems

§ 38.71 General.

(a) New, used and remanufactured
light rail vehicles, to be considered
accessible by regulations in part 37 of
this title shall comply with this subpart.

(b)(1) Vehicles intended to be
operated solely in light rail systems
confined entirely to a dedicated right-of-
way, and for which all stations or stops
are designed and constructed for
revenue service after the effective date
of standards for design and construction
in §37.21 and § 37.23 of this title shall
provide level boarding and shall comply
with § 38.73(d)(1) and § 38.85 of this
part.

(2) Vehicles designed for, and
operated on, pedestrian malls, city
streets, or other areas where level

boarding is not practicable shall provide
wayside or car-borne lifts, mini-high
platforms, or other means of access in
compliance with § 38.83 (b) or (c) of this
part.

(c) If portions of the vehicle are
modified in a way that affects or could
affect accessibility, each such portion
shall comply, to the extent practicable,
with the applicable provisions of this
subpart. This provision does not require
that inaccessible vehicles be retrofitted
with lifts, ramps or other boarding
devices.

(d) Existing vehicles retrofitted to
comply with the "one-car-per-train rule"
at § 37.93 of this title shall comply with

§ 38.75, § 38.77(c), § 38.79(a) and
§ 38.83(a) of this part and shall have, in
new and key stations, at least one door
which complies with §§ 38.73 (a)(1), (b)
and (d) of this part. Vehicles previously
designed and manufactured in
accordance with the accessibility
requirements of part 609 of this title or
the Secretary of Transportation
regulations implementing section 504 of
the Rehabilitation Act of 1973 that were
in effect before October 7, 1991, and
which can be entered and used from
stations in which they are to be
operated, may be used to satisfy the
requirements of § 37.93 of this title.

§ 38.73 Doorways.

(a) Clear width — (1) All passenger
doorways on vehicle sides shall have
minimum clear openings of 32 inches
when open.

(2) If doorways connecting adjoining
cars in a multi-car train are provided,
and if such doorway is connected by an
aisle with a minimum clear width of 30
inches to one or more spaces where
wheelchair or mobility aid users can be
accommodated, then such doorway
shall have a minimum clear opening of
30 inches to permit wheelchair and
mobility aid users to be evacuated to an
adjoining vehicle in an emergency.

(b) Signage. The International Symbol
of Accessibility shall be displayed on
the exterior of each vehicle operating on
an accessible light rail system unless all
vehicles are accessible and are not
marked by the access symbol (see fig. 6).

(d) Coordination with boarding
platform — (1) Requirements. The design
of level-entry vehicles sha') be
coordinated with the boarding platform
or mini-high platform design so thai ine
horizontal gap between a vehicle at rest
and the platform shall be no greater
than 3 inches and the height of the
vehicle floor shall be within plus or

45762 Federal Register / Vol. 56. No. 173 / Friday, September 6, 1991 / Rules and Regulations

minus % inch of the platform height.
Vertical alignment may be accomplished
by vehicle air suspension, automatic
ramps or lifts, or any combination.

(2) Exception. New vehicles operating
in existing stations may have a floor
height within plus or minus IV2 inches of
the platform height. At key stations, the
horizontal gap between at least one
door of each such vehicle and the
platform shall be no greater than 3
inches.

(4) Exception. Where it is not
operationally or structurally practicable
to meet the horizontal or vertical
requirements of paragraphs (d) (1), (2) or
(3) of this section, platform or vehicle
devices complying with § 38.83(b) or
platform or vehicle mounted ramps or
bridge plates complying with § 38.83(c)
shall be provided.

§ 38.75 Priority seating signs.

(b) Where designated wheelchair or
mobility aid seating locations are
provided, signs shall indicate the
location and advise other passengers of
the need to permit wheelchair and
mobility aid users to occupy them.

(c) characters on signs required by
paragraphs (a) or (b) of this section shall
have a width-to-height ratio between 3:5
and 1:1 and a stroke width-to-height
ratio between 1:5 and 1:10, with a
minimum character height (using an
upper case "X") of % inch, with "wide"
spacing (generally, the space between
letters shall be Vie the height of upper
case letters), and shall contrast with the
background, either light-on-dark or dark-
on-light.

§ 38.77 Interior circulation, handrails and
stanchions.

(a) Handrails and stanchions shall be
sufficient to permit safe boarding, on-
board circulation, seating and standing
assistance, and alighting by persons
with disabilities.

(b) At entrances equipped with steps,
handrails and stanchions shall be
provided in the entrance to the vehicle
in a configuration which allows
passengers to grasp such assists from
outside the vehicle while starting to

board, and to continue using such
handrails or stanchions throughout the
boarding process. Handrails shall have
a cross-sectional diameter between I'A
inches and IV2 inches or shall provide
an equivalent grasping surface, and
have eased edges with corner radii of
not less than Vs inch. Handrails shall be
placed to provide a minimum iVa inches
knuckle clearance from the nearest
adjacent surface. Where on-board fare
collection devices are used, a horizontal
passenger assist shall be located
between boarding passengers and the
fare collection device and shall prevent
passengers from sustaining injuries on
the fare collection device or windshield
in the event of a sudden deceleration.
Without restricting the vestibule space,
the assist shall provide support for a
boarding passenger from the door
through the boarding procedure.
Passengers shall be able to lean against
the assist for security while paying
fares.

(c) At all doors on level-entry
vehicles, and at each entrance
accessible by lift, ramp, bridge plate or
other suitable means, handrails,
stanchions, passenger seats, vehicle
driver seat platforms, and fare boxes, if
applicable, shall be located so as to
allow a route at least 32 inches wide so
that at least two wheelchair or mobility
aid users can enter the vehicle and
position the wheelchairs or mobility
aids in areas, each having a minimum
clear space of 48 inches by 30 inches,
which do not unduly restrict movement
of other passengers. Space to
accommodate wheelchairs and mobility
aids may be provided within the normal
area used by standees and designation
of specific spaces is not required.
Particular attention shall be given to
ensuring maximum maneuverability
immediately inside doors. Ample
vertical stanchions from ceiling to seat-
back rails shall be provided. Vertical
stanchions from ceiling to floor shall not
interfere with wheelchair or mobility aid
circulation and shall be kept to a
minimum in the vicinity of accessible
doors.

§ 38.79 Floors, steps and thresholds.

(a) Floor surfaces on aisles, step
treads, places for standees, and"areas
where wheelchair and mobility aid users
are to be accommodated shall be slip-
resistant.

(b) All thresholds and step edges shall
have a band of color(s) running the full
width of the step or threshold which
contrasts from the step tread and riser
or adjacent floor, either light-on-dark or
dark-on-light.

§ 38.81 Lighting.

(a) Any stepwell or doorway with a i
lift, ramp or bridge plate immediately '
adjacent to the driver shall have, when
the door is open, at least 2 foot-candles
of illumination measured on the step
tread or lift platform.

(b) Other stepwells, and doorways
with lifts, ramps or bridge plates, shall
have, at all times, at least 2 foot-candles
of illumination measured on the step
tread or lift or ramp, when deployed at
the vehicle floor level.

(c) The doorways of vehicles not
operating at lighted station platforms
shall have outside lights which provide
at least 1 foot-candle of illumination on
the station platform or street surface for
a distance of 3 feet perpendicular to all
points on the bottom step tread. Such
lights shall be located below window
level and shielded to protect the eyes of
entering and exiting passengers.

§ 38.83 Mobility aid accessibility.

(a)(1) General. All new light rail
vehicles, other than level entry vehicles,
covered by this subpart shall provide a
level-change mechanism or boarding
device (e.g., lift, ramp or bridge plate)
complying with either paragraph (b) or
(c) of this section and sufficient
clearances to permit at least two
wheelchair or mobility aid users to |

reach areas, each with a minimum clear
floor space of 48 inches by 30 inches,
which do not unduly restrict passenger
flow. Space to accommodate
wheelchairs and mobility aids may be
provided within the normal area used by
standees and designation of specific
spaces is not required.

(2) Exception. If lifts, ramps or bridge
plates meeting the requirements of this
section are provided on station
platforms or other stops required to be
accessible, or mini-high platforms
complying with § 38.73(d) of this part
are provided, the vehicle is not required
to be equipped with a car-borne device.
Where each new vehicle is compatible
with a single platforni-mounted access
system or device, additional systems or
devices are not required for each vehicle
provided that the single device could be
used to provide access to each new
vehicle if passengers using wheelchairs
or mobility aids could not be
accommodated on a single vehicle.

(b) Vehicle Iift—[\] Design load. The
design load of the lift shall be at least
600 pounds. Working parts, such as
cables, pulleys, and shafts, which can be
expected to wear, and upon which the
lift depends for support of the load, shalli
have a safety factor of at least six, I

based on the ultimate strength of the
material. Nonworking parts, such as

Federal Register / Vol. 56. No. 173 / Friday, September 6. 1991 / Rules and Regulations 45763

platform, frame, and attachment
hardware which would not be expected
to wear, shall have a safety factor of at
least three, based on the ultimate
strength of the material.

(2) Controls — (i) Requirements. The
controls shall be interlocked with the
vehicle brakes, propulsion system, or
door, or shall provide other appropriate
mechanisms or systems, to ensure that
the vehicle cannot be moved when the
lift is not stowed and so the lift cannot
be deployed unless the interlocks or
systems are engaged. The lift shall
deploy to all levels (i.e., ground, curb,
and intermediate positions) normally
encountered in the operating
environment. Where provided, each
control for deploying, lowering, raising,
and stowing the lift and lowering the
roll-off barrier shall be of a momentary
contact type requiring continuous
manual pressure by the operator and
shall not allow improper lift sequencing
when the lift platform is occupied. The
controls shall allow reversal of the lift
operation sequence, such as raising or
lowering a platform that is part way
down, without allowing an occupied
platform to fold or retract into the
stowed position.

(ii) Exception. Where physical or
safety constraints prevent the
deployment at some stops of a lift
having its long dimension perpendicular
to the vehicle axis, the transportation
entity may specify a lift which is
designed to deploy with its long
dimension parallel to the vehicle axis
and which pivots into or out of the
vehicle while occupied (i.e., "rotary
lift"). The requirements of paragraph
(b)(2)(i) of this section prohibiting the lift
from being stowed while occupied shall
not apply to a lift design of this type if
the stowed position is within the
passenger compartment and the lift is
intended to be stowed while occupied.

(iii) Exception. The brake or
propulsion system interlocks
requirement does not apply to a station
platform mounted lift provided that a
mechanical, electrical or other system
operates to ensure that vehicles do not
move when the lift is in use.

(3) Emergency operation. The lift shall
incorporate an emergency method of
deploying, lowering to ground level with
a lift occupant, and raising and stowing
the empty lift if the power to the lift
fails. No emergency method, manual or
otherwise, shall be capable of being
operated in a manner that could be
hazardous to the lift occupant or to the
operator when operated according to
manufacturer's instructions, and shall
not permit the platform to be stowed or
folded when occupied, unless the lift is a

rotary lift intended to be stowed while
occupied.

(4) Power or equipment failure. Lift
platforms stowed in a vertical position,
and deployed platforms when occupied,
shall have provisions to prevent their
deploying, falling, or folding any faster
than 12 inches/second or their dropping
of an occupant in the event of a single
failure of any load carrying component.

(5) Platform barriers. The lift platform
shall be equipped with barriers to
prevent any of the wheels of a
wheelchair or mobility aid from rolling
off the lift during its operation. A
movable barrier or inherent design
feature shall prevent a wheelchair or
mobility aid from rolling off the edge
closest to the vehicle until the lift is in
its fully raised position. Each side of the
lift platform which extends beyond the
vehicle in its raised position shall have a
barrier a minimum IV2 inches high. Such
barriers shall not interfere with
maneuvering into or out of the aisle. The
loading-edge barrier (outer barrier)
which functions as a loading ramp when
the lift is at ground level, shall be
sufficient when raised or closed, or a
supplementary system shall be
provided, to prevent a power wheelchair
or mobility aid from riding over or
defeating it. The outer barrier on the
outboard of the lift shall automatically
rise or close, or a supplementary system
shall automatically engage, and remain
raised, closed, or engaged at all times
that the lift is more than 3 inches above
the station platform or roadway and the
lift is occupied. Alternatively, a barrier
or system may be raised, lowered,
opened, closed, engaged or disengaged
by the lift operator provided an interlock
or inherent design feature prevents the
lift from rising unless the barrier is
raised or closed or the supplementary
system is engaged.

(6) Platform surface. The lift platform
surface shall be free of any protrusions
over V4 inch high and shall be slip
resistant. The lift platform shall have a
minimum clear width of 28 V'2 inches at
the platform, a minimum clear width of
30 inches measured from 2 inches above
the lift platform surface to 30 inches
above the surface, and a minimum clear
length of 48 inches measured from 2
inches above the surface of the platform
to 30 inches above the surface. (See Fig.
1)

(7) Platform gaps. Any openings
between the lift platform surface and the
raised barriers shall not exceed % inch
wide. When the lift is at vehicle floor
height with the inner barrier (if
applicable) down or retracted, gaps
between the forward lift platform edge
and vehicle floor shall not exceed V2

inch horizontally and % inch vertically.
Platforms on semi-automatic lifts may
have a hand hold not exceeding l'/2
inches by 4V2 inches located between
the edge barriers.

(8) Platform entrance ramp. The
entrance ramp, or loading-edge barrier
used as a ramp, shall not exceed a slope
of 1;8 measured on level ground, for a
maximum rise of 3 inches, and the
transition from the station platform or
roadway to ramp may be vertical
without edge treatment up to 'A inch.
Thresholds between V^ inch and V2 inch
high shall be beveled with a slope no
greater than 1:2.

(9) Platform deflection. The lift
platform (not including the entrance
ramp) shall not deflect more than 3
degrees (exclusive of vehicle roll) in any
direction between its unloaded position
and its position when loaded with 600
pounds applied through a 26 inch by 26
inch test pallet at the centroid of the lift
platform.

(11) Boarding direction. The lift shall
permit both inboard and outboard facing
of wheelchairs and mobility aids.

(12) Use by standees. Lifts shall
accommodate persons using walkers,
crutches, canes or braces or who
otherwise have difficulty using steps.
The lift may be marked to indicate a
preferred standing position.

(13) Handrails. Platforms on lifts shall
be equipped with handrails, on two
sides, which move in tandem with the
lift which shall be graspable and
provide support to standees throughout
the entire lift operation. Handrails shall
have a usable component at least 8
inches long with the lowest portion a
minimum 30 inches above the platform
and the highest portion a maximum 38
inches above the platform. The
handrails shall be capable of
withstanding a force of 100 pounds
concentrated at any point on the
handrail without permanent deformation
of the rail or its supporting structure.
Handrails shall have a cross-sectional
diameter between IV* inches and 1 V2
inches or shall provide an equivalent
grasping surface, and have eased edges
with corner radii of not less than Ve
inch. Handrails shall be placed to

45764 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

provide a minimum IV2 inches knuckle
clearance from the nearest adjacent
surface. Handrails shall not interfere
with wheelchair or mobility aid
maneuverability when entering or
leaving the vehicle.

(c) Vehicle ramp or bridge plate. — (1)
Design load. Ramps or bridge plates 30
inches or longer shall support a load of
600 pounds, placed at the centroid of the
ramp or bridge plate distributed over an
area of 26 inches, with a safety factor of
at least 3 based on the ultimate strength
of the material. Ramps or bridge plates
shorter than 30 inches shall support a
load of 300 pounds.

(2) Ramp surface. The ramp or bridge
plate surface shall be continuous and
slip resistant, shall not have protrusions
from the surface greater then V^i inch,
shall have a clear width of 30 inches,
and shall accommodate both four-wheel
and three-wheel mobility aids.

(3) Ramp threshold. The transition
from roadway or station platform and
the transition from vehicle floor to the
ramp or bridge plate may be vertical
without edge treatment up to Vi inch.
Changes in level between Vi inch and V2
inch shall be beveled with a slope no
greater than 1:2.

(4) Ramp barriers. Each side of the
ramp or bridge plate shall have barriers
at least 2 inches high to prevent mobility
aid wheels from slipping off.

(5) Slope. Ramps or bridge plates shall
have the least slope practicable. If the
height of the vehicle floor, under 50%
passenger load, from which the ramp is
deployed is 3 inches or less above the
station platform a maximum slope of 1:4
is permitted; if the height of the vehicle
floor, under 50% passenger load, from
which the ramp is deployed is 6 inches
or less, but more than 3 inches, above
the station platform a maximum slope of
1:6 is permitted; if the height of the
vehicle floor, under 50% passenger load,
from which the ramp is deployed is 9
inches or less, but more than 6 inches,
above the station platform a maximum
slope of 1:8 is permitted; if the height of
the vehicle floor, under 50% passenger
load, from which the ramp is deployed is
greater than 9 inches above the station
platform a slope of 1:12 shall be
achieved. Folding or telescoping ramps
are permitted provided they meet all
structural requirements of this section.

(6) Attachment — (i) Requirement.
When in use for boarding or alighting,
the ramp or bridge plate shall be
attached to the vehicle, or otherwise
prevented from moving such that if is
not subject to displacement when
loading or unloading a heavy power
mobility aid and that any gaps between
vehicle and ramp or bridge plate, and

station platform and ramp or bridge
plate, shall not exceed % inch.

(ii) Exception. Ramps or bridge plates
which are attached to, and deployed
from, station platforms are permitted in
lieu of vehicle devices provided they
meet the displacement requirements of
paragraph (c)(6)(i) of this section.

(7) Stowage. A compartment,
securement system, or other appropriate
method shall be provided to ensure that
stowed ramps or bridge plates, including
portable ramps or bridges plates stowed
in the passenger area, do not impinge on
a passenger's wheelchair or mobility aid
or pose any hazard to passengers in the
event of a sudden stop.

(8) Handrails. If provided, handrails
shall allow persons with disabilities to
grasp them from outside the vehicle
while starting to board, and to continue
to use them throughout the boarding
process, and shall have the top between
30 inches and 38 inches above the ramp
surface. The handrails shall be capable
of withstanding a force of 100 pounds
concentrated at any point on the
handrail without permanent deformation
of the rail or its supporting structure.
The handrail shall have a cross-
sectional diameter between iVi inches
and Wz inches or shall provide an
equivalent grasping surface, and have

"eased" edges with corner radii of not
less than Vs inch. Handrails shall not
interfere with wheelchair or mobility aid
maneuverability when entering or
leaving the vehicle.

§ 38.85 Between-car barriers.

Where vehicles operate in a high-
platform, level-boarding mode, devices
or systems shall be provided to prevent,
deter or warn individuals from
inadvertently stepping off the platform
between cars. Appropriate devices
include, but are not limited to,
pantograph gates, chains, motion
detectors or other suitable devices.

§ 38.87 Public information system.

(a) Each vehicle shall be equipped
with an interior public address system
permitting transportation system
personnel, or recorded or digitized
human speech messages, to announce
stations and provide other passenger
information. Alternative systems'or
devices which provide equivalent access
are also permitted.

(b) [Reserved]

Subpart E — Commuter Rail Cars and
Systems

§ 38.91 General.

(a) New, used and remanufactured
commuter rail cars, to be considered

accessible by regulations in part 37 of
this title, shall comply with this subpart. .

(b) If portions of the car are modified '
in such a way that it affects or could
affect accessibility, each such portion
shall comply, to the extent practicable,
with the applicable provisions of this
subpart. This provision does not require
that inaccessible cars be retrofitted with
lifts, ramps or other boarding devices.

(c)(1) Commuter rail cars shall comply
with §§ 38.93(d) and 38.109 of this part
for level boarding wherever structurally
and operationally practicable.

(2) Where level boarding is not
structurally or operationally practicable,
commuter rail cars shall comply §"38.95
of this part.

(d) Existing vehicles retrofitted to
comply with the "one-car-per-train rule"
at § 37.93 of this title shall comply with
§§ 38.93(e), 38.95(a) and 38.107 of this
part and shall have, in new and key
stations at least one door on each side
from which passengers board which
complies with § 38.93(d) of this part.
Vehicles previously designed and
manufactured in accordance with the
program accessibility requirements of
section 504 of the Rehabilitation Act of
1973, or implementing regulations of the
Secretary of Transportation that were in
effect before October 7, 1991: and which .
can be entered and used from stations in|
which they are to be operated, may be
used to satisfy the requirements of
§ 37.93 of this title.

§ 38.93 Doorways.

(a) Clear width. (1) At least one door
on each side of the car from which
passengers board opening onto station
platforms and at least one adjacent
doorway into the passenger coach
compartment, if provided, shall have a
minimum clear opening of 32 inches.

shall have, to the maximum extent )

practicable in accordance with the
regulations issued under the Federal
Railroad Safety Act of 1970 (49 CFR
parts 229 and 231), a clear opening of 30
inches.

(b) Passageways. A route at least 32
inches wide shall be provided from
doors required to be accessible by
paragraph (a)(1) of this section to
seating locations complying with

§ 38.95(d) of this part. In cars where A

such doorways require passage through "
a vestibule, such vestibule shall have a
minimum width of 42 inches. (See Fig. 3.)

Federal Register / Vol. 56. No. 173 / Friday, September 6, 1991 / Rules and Regulations 45765

(c) Signals. If doors to the platform
close automatically or from a remote
location, auditory and visual warning
signals shall be provided to alert
passengers or closing doors.

(d) Coordination with boarding
platform — (1) Requirements. Cars
operating in stations with high
platforms, or mini-high platforms, shall
be coordinated with the boarding
platform design such that the horizontal
gap between a car at rest and the
platform shall be no greater than 3
inches and the height of the car floor
shall be within plus or minus % inch of
the platform height. Vertical alignment
may be accomplished by car air
suspension, platform lifts or other
devices, or any combination.

(2) Exception. New vehicles operating
in existing stations may have a floor
height within plus or minus 1 V2 inches of
the platform height. At key stations, the
horizontal gap between at least one
accessible door of each such vehicle and
the platform shall be no greater than 3
inches.

(3) Exception. Where platform set-
backs do not allow the horizontal gap or
vertical alignment specified in
paragraph (d)(1) or (d)(2) of this section,
car, platform or portable lifts complying
with § 38.95(b) of this part, or car or
platform ramps or bridge plates,
complying with § 38.95(c) of this part,
shall be provided.

(4) Exception. Retrofitted vehicles
shall be coordinated with the platform
in new and key stations such that the
horizontal gap shall be no greater than 4
inches and the height of the vehicle
floor, under 50% passenger load, shall be
within plus or minus 2 inches of the
platform height.

(e) Signage. The international Symbol
of Accessibility shall be displaced on
the exterior of all doors complying with
this section unless all cars are
accessible and are not marked by the
access symbol (see Fig. 6). Appropriate
signage shall also indicate which
accessible doors are adjacent to an
accessible restroom, if applicable.

§ 38.95 Mobility aid accessibility.

(a)(1) General. All new commuter rail
cars, other than level entry cars, covered
by this subpart shall provide a level-
change mechanism or boarding device
(e.g., lift, ramp or bridge plate)
complying with either paragraph (b) or
(c) of this section; sufficient clearances
to permit a wheelchair or mobility aid
user to reach a seating location; and at
least two wheelchair or mobility aid
seating locations complying with
paragraph (d) of this section.

(2) Exception. If portable or platform
lifts, ramps or bridge plates meeting the

applicable requirements of this section
are provided on station platforms or
other stops required to be accessible, or
mmi-high platforms complying with
§ 38.93(d) are provided, the car is not
required to be equipped with a car-
borne device. Where each new car is
compatible with a single platform-
mounted access system or device,
additional systems or devices are not
required for each car provided that the
single device could be used to provide
access to each new car if passengers
using wheelchairs or mobility aids could
not be accommodated on a single car.

(b) Car Lift— (\] Design load. The
design load of the lift shall be at least
600 pounds. Working parts, such as
cables, pulleys, and shafts, which can be
expected to wear, and upon which the
lift depends for support of the load, shall
have a safety factor of at least six,
based on the ultimate strength of the
material. Nonworking parts, such as
platform, frame, and attachment
hardware which would not be expected
to wear, shall have a safety factor of at
least three, based on the ultimate
strength of the material.

(2) Controls — (i) Requirements. The
controls shall be interlocked with the
car brakes, propulsion system, or door,
or shall provide other appropriate
mechanisms or systems, to ensure that
the car cannot be moved when the lift is
not stowed and so the lift cannot be
deployed unless the interlocks or
systems are engaged. The lift shall
deploy to all platform levels normally
encountered in the operating
environment. Where provided, each
control for deploying, lowering, raising,
and stowing the lift and lowering the
roll-off barrier shall be of a monetary
contact type requiring continuous
manual pressure by the operator and
shall not allow improper lift sequencing
when the lift platform is occupied. The
controls shall allow reversal of the lift
operation sequence, such as raising or
lowering a platform that is part way
down, without allowing an occupied
platform to fold or retract into the
stowed position.

(ii) Exception. Where physical or
safety constraints prevent the
deployment at some stops of a lift
having its long dimension perpendicular
to the car axis, the transportation entity
may specify a lift which is designed to
deploy with its long dimension parallel
to the car axis and which pivots into or
out of the car while occupied (i.e.,
"rotary lift"). The requirements of
paragraph (b)(2)(i) of this section
prohibiting the lift from being stowed
while occupied shall not apply to a lift
design of this type if the stowed position
is within the passenger compartment

and the lift is intended to be stowed
while occupied.

(iii) Exception. The brake or
propulsion system interlock requirement
does not apply to a platform mounted or
portable lift provided that a mechanical,
electrical or other system operates to
ensure that cars do not move when the
lift is in use.

(3) Emergency operation. The lift shall
incorporate an emergency method of
deploying, lowering to ground or
platform level with a lift occupant, and
raising and stowing the empty lift if the
power to the lift fails. No emergency
method, manual or otherwise, shall be
capable of being operated in a manner
that could be hazardous to the lift
occupant or to the operator when
operated according to manufacturer's
instructions, and shall not permit the
platform to be stowed or folded when
occupied, unless the lift is a rotary lift
intended to be stowed while occupied.

(5) Platform barriers. The lift platform
shall be equipped with barriers to
prevent any of the wheels of a
wheelchair or mobility aid from rolling
off the lift during its operation. A
movable barrier or inherent design
feature shall prevent a wheelchair or
mobility aid from rolling off the edge
closest to the car until the lift is in its
fully raised position. Each side of the lift
platform which, in its raised position,
extends beyond the car shall have a
barrier a minimum l'/2 inches high. Such
barriers shall not interfere with
maneuvering into or out of the car. The
loading-edge barrier (outer barrier)
which functions as a loading ramp when
the lift is at ground or station platform
level, shall be sufficient when raised or
closed, or a supplementary system shall
be provided, to prevent a power
wheelchair or mobility aid from riding
over or defeating it. The outer barrier of
the lift shall automatically rise or close,
or a supplementary system shall
automatically engage, and remain
raised, closed, or engaged at all times
that the lift platform is more than 3
inches above the station platform and
the lift is occupied. Alternatively, a
barrier or system may be raised,
lowered, opened, closed, engaged or
disengaged by the lift operator provided
an interlock or inherent design feature
prevents the lift from rising unless the

45766 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

barrier is raised or closed or the
supplenientary system is engaged.

(6) Platform surface The lift platform
surface shall be free of any protrusions
over 'A inch high and shall be slip
resistant. The lift platform shall have a
minimum clear width of 28 '/2 inches at
the platform, a minimum clear width of
30 inches measured from 2 inches above
the lift platform surface to 30 inches
above the surface, and a minimum clear
length of 48 mches measured from 2
inches above the surface of the platform
to 30 inches above the surface. (See Fig.

(7) Platform gaps. Any openings
between the lift platform surface and the
raised barriers shall not exceed % inch
wide. When the lift is at car floor height
with the inner barrier down (if
applicable) or retracted, gaps between
the forward lift platform edge and car
floor shall not exceed V2 inch
horizontally and Vs inch vertically.

(8) Platform entrance ramp. The
entrance ramp, or loading-edge barrier
used as a ramp, shall not exceed a slope
of 1:8, when measured on level ground.
for a maximum rise of 3 inches, and the
transition from station platform to ramp
may be vertical without edge treatment
up to V4 inch. Thresholds between 'A
inch and '/a inch high shall be beveled
with a slope no greater than 1:2.

(11) Boarding direction. The lift shall
permit both inboard and outboard facing
of wheelchairs and mobility aids.

(13) Handrails. Platforms on lifts shall
be equipped with handrails, on two
sides, which move in tandem with the
lift which shall be graspable and
provide support to standees throughout

the entire lift operation. Handrails shall
have a usable component at least 8
inches long with the lowest portion a
minimum 30 inches above the platform
and the highest portion a maximum 38
inches above the platform. The
handrails shall be capable of
withstanding a force of 100 pounds
concentrated at any point on the
handrail without permanent deformation
of the rail or its supporting structure.
The handrail shall have a cross-
sectional diameter between 1 'A inches
and 1 '/2 inches or shall provide an
equivalent grasping surface, and have
eased edges with corner radii of not less
than Vs inch. Handrails shall be placed
to provide a minimum Wi inches
knuckle clearance from the nearest
adjacent surface. Handrails shall not
interfere with wheelchair or mobility aid
maneuverability when entering or
leaving the car.

(c) Car ramp or bridge plate — (1)
Design load. Ramps or bridge plates 30
inches or longer shall support a load of
600 pounds, placed at the centroid of the
ramp or bridge plate distributed over an
area of 26 inches by 26 inches, with a
safety factor of at least 3 based on the
ultimate strength of the material. Ramps
or bridge plates shorter than 30 inches
shall support a load of 300 pounds.

(2) Ramp surface. The ramp or bridge
plate surface shall be continuous and
slip resistant, shall not have protrusions
from the surface greater than 'A inch
high, shall have a clear width of 30
inches and shall accommodate both
four-wheel and three-wheel mobility
aids.

(3) Ramp threshold. The transition
from station platform to the ramp or
bridge plate and the transition from car
floor to the ramp or bridge plate may be
vertical without edge treatment up to 'A
inch. Changes in level between 'A inch
and V2 inch shall be beveled with a
slope no greater than 1:2.

(4) Ramp barriers. Each side of the
ramp or bridge plate shall have barriers
at least 2 inches high to prevent mobility
aid wheels from slipping off.

slope of 1:8 is permitted; if the height of
the vehicle floor, under 50% passenger j
load, from which the ramp is deployed iJ
greater than 9 inches above the station
platform a slope of 1:12 shall be
achieved. Folding or telescoping ramps
are permitted provided they meet all
structural requirements of this section.

(6) Attachment — (i) Requirement.
When m use for boarding or alighting,
the ramp or bridge plate shall be
attached to the vehicle, or otherwise
prevented from moving such that it is
not subject to displacement when
loading or unloading a heavy power
mobility aid and that any gaps between
vehicle and ramp or bridge plate, and
station platform and ramp or bridge
plate, shall not exceed % inch.

(ii) Exception. Ramps or bridge plates
which are attached to, and deployed
from, station platforms are permitted in
lieu of car devices provided they meet
the displacement requirements of
paragraph (c)(6)(i) of this section.

(7) Stowage. A compartment,
securement system, or other appropriate
method shall be provided to ensure that
stowed ramps or bridge plates, including
portable ramps or bridge plates stowed
in the passenger area, do not impinge on
a passenger's wheelchair or mobility aid
or pose any hazard to passengers in the
event of a sudden stop. i

(8) Handrails. If provided, handrails
shall allow persons with disabilities to
grasp them from outside the car while
starling to board, and to continue to use
them throughout the boarding process,
and shall have the top between 30
inches and 38 inches above the ramp
surface. The handrails shall be capable
of withstanding a force of 100 pounds
concentrated at any point on the
handrail without permanent deformation
of the rail or its supporting structure.
The handrail shall have a cross-
sectional diameter between I'A inches
and 1 Vz inches or shall provide an
equivalent grasping surface, and have
eased edges with corner radii of not less
than Vs inch. Handrails shall not
interfere with wheelchair or mobility aid
maneuverability when entering or
leaving the car.

(d) Mobility aid seating location.
Spaces for persons who wish to remain
in their wheelchairs or mobility aids
shall have a minimum clear floor space
48 inches by 30 inches. Such spaces
shall adjoin, and may overlap, an
accessible path. Not more than 6 inches
of the required clear floor space may be
accommodated for footrests under
another seat provided there is a i

minimum of 9 inches from the floor to '
the lowest part of the seal overhanging
the space. Seating spaces may have

Federal Register / Vol. 56, No. 173 / Friday, September 6. 1991 / Rules and Regulations 45767

fold-down or removable seats to
accommodate other passengers when a
wheelchair or mobility aid user is not
occupying the area, provided the seats,
when folded up, do not obstruct the
clear floor space required. (See Fig. 2.)

§ 38.97 Interior circulation, handraiis and
stanchions.

(a) Where provided, handrails or
stanchions within the passenger
compartment shall be placed to permit
sufficient turning and maneuvering
space for wheelchairs and other
mobility aids to reach a seating location,
complying with § 38.95(d) of this part,
from an accessible entrance. The
diameter or width of the gripping
surface of interior handrails and
stanchions shall be IV* inches to iVi
inches or shall provide an equivalent
gripping surface. Handrails shall be
placed to provide a minimum IV2 inches
knuckle clearance from the nearest
adjacent surface.

(b) Where provided, handrails or
stanchions shall be sufficient to permit
safe boarding, on-board circulation,
seating and standing assistance, and
alighting by persons with disabilities.

(c) At entrances equipped with steps,
handrails or stanchions shall be
provided in the entrance to the car in a
configuration which allows passengers
to grasp such assists from outside the
car while starting to board, and to
continue using such assists throughout
the boarding process, to the extent
permitted by part 231 of this title.

§ 38.99 Fioors. steps and thresholds.

(a) Floor surfaces on aisles, step
treads, places for standees, and areas
where wheelchair and mobility aid users
are to be accommodated shall be slip-
resistant.

§ 38.101 Lighting

(a) Any stepwell or doorway with a
lift, ramp or bridge plate shall have,
when the door is open, at least 2
footcandles of illumination measured on
the step tread, ramp, bridge plate, or lift
platform.

(b) The doorways of cars not
operating at lighted station platforms
shall have outside lights which, when
the door is open, provide at least 1
footcandle of illumination on the station
platform surface for a distance of 3 feet
perpendicular to all points on the
bottom step tread edge. Such lights shall

be shielded to protect the eyes of
entering and exiting passengers.

§ 38.103 Public information system.

(a) Each car shall be equipped with an
interior public address system
permitting transportation system
personnel, or recorded or digitized
human speech messages, to announce
stations and provide other passenger
information. Alternative systems or
devices which provide equivalent access
are also permitted.

(b) (Reserved]

§ 38. 1 05 Priority seating signs.

(a) Each car shall contain sign{s)
which indicate that certain seats are
priority seats for persons with
disabilities and that other passengers
should make such seats available to
those who wish to use them.

(b) Characters on signs required by
paragraph (a) shall have a width-to-
height ratio between 3:5 and 1:1 and a
stroke width-to-height ratio between 1:5
and 1:10, with a minimum character
height (using an upper case "X") of %
inch, with "wide" spacing (generally, the
space between letters shall be Vie the
height of upper case letters), and shall
contrast with the background either
light-on-dark or dark-on-light.

§ 38.107 Restrooms.

(a) If a restroom is provided for the
general public, it shall be designed so as
to allow a person using a wheelchair or
mobility aid to enter and use such
restroom as specified in paragraphs (a)
(1) through (5) of this section.

(1) The minimum clear floor area shall
be 35 inches by 60 inches. Permanently
installed fixtures may overlap this area
a maximum of 6 inches, if the lowest
portion of the fixture is a minimum of 9
inches above the floor, and may overlap
a maximum of 19 inches, if the lowest
portion of the fixture is a minimum of 29
inches above the floor, provided such
fixtures do not interfere with access to
the water closet. Fold-down or
retractable seats or shelves may overlap
the clear floor space at a lower height
provided they can be easily folded up or
moved out of the way.

(2) The height of the water closet shall
be 17 inches to 19 inches measured to
the (op of the toilet seat. Seats shall not
be sprung to return to a lifted position.

(3) A grab bar at least 24 inches long
shall be mounted behind the water
closet, and a horizontal grab bar at least
40 inches long shall be mounted on at
least one side wall, with one end not
more than 12 inches from the back wall,
at a height between 33 inches and 36
inches above the floor.

(4) Faucets and flush controls shall be
operable with one hand and shall not
require tight grasping, pinching, or
twisting of the wrist. The force required
to activate controls shall be no greater
than 5 Ibf (22.2 N). Controls for flush
valves shall be mounted no more than
44 inches above the floor.

(5) Doorways on the end of the
enclosure, opposite the water closet,
shall have a minimum clear opening
width of 32 inches. Doorways on the
side wall shall have a minimum clear
opening width of 39 inches. Door latches
and hardware shall be operable with
one hand and shall not require tight
grasping, pinching, or twisting of the
wrist.

(b) Restrooms required to be
accessible shall be in close proximity to
at least one seating location for persons
using mobility aids and shall be
connected to such a space by an
unobstructed path having a minimum
width of 32 inches.

§38.109 Between-car barriers.

Where vehicles operate in a high-
platform, level-boarding mode, and
where between-car bellows are not
provided, devices or systems shall be
provided to prevent, deter or warn
individuals from inadvertently stepping
off the platform between cars.
Appropriate devices include, but are not
limited to, pantograph gates, chains,
motion detectors or other suitable
devices.

Subpart F— Intercity Rail Cars and
Systems

§38.111 General.

(a) New, used and remanufactured
intercity rail cars, to be considered
accessible by regulations in part 37 of
this title shall comply with this subpart
to the extent required for each type of
car as specified below.

(1) Single-level rail passenger coaches
and food service cars (other than single-
level dining cars) shall comply with

§§ 38.113 through 38.123 of this part.
Compliance with § 38.125 of this part
shall be required only to the extent
necessary to meet the requirements of
paragraph (d) of this section.

(2) Single-level dining and lounge cars
shall have at least one connecting
doorway complying with § 38.113(a)(2)
of this part connected to a car
accessible to persons using wheelchairs
or mobility aids, and at least one space
complying with §§ 38.125(d) (2) and (3)
of this part, to provide table service to a
person who wishes to remain in his or
her wheelchair, and space to fold and

45768 Federal Register / Vol. 56. No. 173 / Friday, September 6, 1991 / Rules and Regulations

store a wheelchair for a person who
wishes to transfer to an existing seat.

(3) Bi-level dining cars shall comply
with §§ 38.113(a){2), 38.n5(b), 38.117(a),
and 38.121 of this part.

(4) Bi-level lounge cars shall have
doors on the lower level, on each side of
the car from which passengers board,
complying with § 38.113, a restroom
complying with § 38.123, and at least
one space complying with § 38.125(d) (2)
and (3) to provide table service to a
person who wishes to remain in his or
her wheelchair and space to fold and
store a wheelchair for a person who
wishes to transfer to an existing seat.

(5) Restrooms, complying with

§ 38.123 shall be provided in single-level
rail passenger coaches and food
services cars adjacent to the accessible
seating locations required by paragraph
(d) of this section. Accessible restrooms
are required in dining and lounge cars
only if restrooms are provided for other
passengers.

(6) Sleeper cars shall comply with

§§ 38.113 (b) through (d), 38.115 through
38.121, and 38.125, of this part, and have
at least one compartment which can be
entered and used by a person using a
wheelchair or mobility aid and
complying with § 38.127 of this part.

(b)(1) If physically and operationally
practicable, intercity rail cars shall
comply with § 38.113(d) of this part for
level boarding.

(2) Where level boarding is not
structurally or operationally practicable,
intercity rail cars shall comply with
§ 38.125.

(c) If portions of the car are modified
in a way that it affects or could affect
accessibility, each such portion shall
comply, to the extent practicable, with
the applicable provisions of this subpart.
This provision does not require that
inaccessible cars be retrofitted with
lifts, ramps or other boarding devices.

(d) Passenger coaches or food service
cars shall have the number of spaces
complying with § 38.125(d)(2) of this part
and the number of spaces complying
with § 38.125(d)(3) of this part, as
required by § 37.91 of this title.

(e) Existing cars retrofitted to meet the
seating requirements of § 37.91 of this
title shall comply with § 38.113(e),
§38.123, § 38.125(d) of this part and shall
have at least one door on each side
from which passengers board complying
with § 38.113(d) of this part. Existing
cars designed and manufactured to be
accessible in accordance with the
Secretary of Transportation regulations
implementing section 504 of the
Rehabilitation Act of 1973 that were in
effect before October 7, 1991, shall
comply with § 38.125(a) of this part.

§38.113 Doorways.

(a) Clear width. (1) At least one
doorway, on each side of the car from
which passengers board, of each car
required to be accessible by § 38.111(a)
and where the spaces required by

§ 38.111(d) of this part are located, and
at least one adjacent doorway into
coach passenger compartments shall
have a minimum clear opening width of
32 inches.

(2) Doorways at ends of cars
connecting two adjacent cars, to the
maximum extent practicable in
accordance with regulations issued
under the Federal Railroad Safety Act of
1970 (49 CFR parts 229 and 231), shall
have a clear opening width of 32 inches
to permit wheelchair and mobility aid
users to enter into a single-level dining
car, if available.

(b) Passageway. Doorways required
to be accessible by paragraph (a) of this
section shall permit access by persons
using mobility aids and shall have an
unobstructed passageway at least 32
inches wide leading to an accessible
sleeping compartment complying with

§ 38.127 of this part or seating locations
complying with § 38.125(d) of this part.
In cars where such doorways require
passage through a vestibule, such
vestibule shall have a minimum width of
42 inches, (see Fig. 4)

(c) Signals. If doors to the platform
close automatically or from a remote
location, auditory and visual warning
signals shall be provided to alert
passengers of closing doors.

(d) Coordination with boarding
platforms. — (1) Requirements. Cars
which provide level-boarding in stations
with high platforms shall be coordinated
with the boarding platform or mini-high
platform design such that the horizontal
gap between a car at rest and the
platform shall be no greater than 3
inches and the height of the car floor
shall be within plus or minus % inch of
the platform height. Vertical alignment
may be accomplished by car air
suspension, platform lifts or other
devices, or any combination.

(2) Exception. New cars operating in
existing stations may have a floor height
within plus or minus 1 V2 inches of the
platform height.

(3) Exception. Where platform set-
backs do not allow the horizontal gap or
vertical alignment specified in
paragraph (d) (1) or (2), platform or
portable lifts complying with § 38.125(b)
of this part, or car or platform bridge
plates, complying with § 38.125(c) of this
part, may be provided.

(4) Exception. Retrofitted vehicles
shall be coordinated with tHfe^falfdrm
in existing stations such that the
horizontal gap shall be no greater than 4

inches and the height of the vehicle
floor, under 50% passenger load, shall be
within plus or minus 2 inches of the
platform height.

(3) Signage. The international Symbol
of Accessibility shall be displayed on
the exterior of all doors complying with
this section unless all cars and doors are
accessible and are not marked by the
access symbol (see fig. 6). Appropriate
signage shall also indicate which
accessible doors are adjacent to an
accessible restroom, if applicable.

§ 38. 1 1 5 Interior circulation, handrails and
stanchions.

(a) Where provided, handrails or
stanchions within the passenger
compartment shall be placed to permit
sufficient turning and maneuvering
space for wheelchairs and other
mobility aids to reach a seating location,
complying with § 38.125(d) of this part,
from an accessible entrance. The
diameter or width of the gripping
surface of interior handrails and
stanchions shall be IV4 inches to iVi
inches or shall provide an equivalent
gripping surface. Handrails shall be
placed to provide a minimum IV2 inches
knuckle clearance from the nearest
adjacent surface.

(b) Where provided, handrails and
stanchions shall be sufficient to permit
safe boarding, on-board circulation,
seating and standing assistance, and
alighting by persons with disabilities.

§ 38. 1 1 7 Floors, steps and thresholds.

(a) Floor surfaces on aisles, step
treads and areas where wheelchair and
mobility aid users are to be
accommodated shall be slip-resistant.

(b) All step edges and thresholds shall
have a band of color(s) running the full
width of the step or threshold which
contrasts from the step tread and riser
or adjacent floor, either light-on-dark or
dark-on-light.

§38.119 Ughting.

(a) Any stepwell, or doorway with a
lift, ramp or bridge plate, shall have,
when the door is open, at least 2 foot-
candles of illumination measured on the
step tread, ramp, bridge plate or lift
platform.

(b) The doorways of cars not
operating at lighted station platforms

Federal Register / Vol. 56, No. 173 / Friday. September 6. 1991 / Rules and Regulations 45769

shall have outside lights which, when
the door is open, provide at least 1 foot-
candle of illumination on the station
platform surface for a distance of 3 feet
perpendicular to all points on the
bottom step tread edge. Such lights shall
be shielded to protect the eyes of
entering and exiting passengers.

§ 38.121 Public Information system.

(a) Each car shall be equipped with a
public address system permitting
transportation system personnel, or
recorded or digitized human speech
messages, to announce stations and
provide other passenger information.
Alternative systems or devices which
provide equivalent access are also
permitted.

(b) [Reserved].

§38.123 Restrooms.

(a) If a restroom is provided for the
general public, and an accessible
restroom is required by § 38.111 (a) and
(e) of this part, it shall be designed so as
to allow a person using a wheelchair or
mobility aid to enter and use such
restroom as specified in paragraphs (a)
(1) through (5) of this section.

(1) The minimum clear floor area shall
be 35 mches by 60 inches. Permanently
installed fixtures may overlap this area
a maximum of 6 inches, if the lowest
portion of the fixture is a minimum of 9
inches above the floor, and may overlap
a maximum of 19 inches, if the lowest
portion of the fixture is a minimum of 29
inches above the floor. Fixtures shall not
interfere with access to and use of the
water closet. Fold-down or retractable
seats or shelves may overlap the clear
floor space at a lower height provided
they can be easily folded up oi moved
out of the way.

(2) The height of the water closet shall
be 17 inches to 19 inches measured to
the top of the toilet seat. Seats shall not
be sprung to return to a lifted position.

(4) Faucets and flush controls shall be
operable with one hand and shall not
require tight grasping, pinching, or
twisting of the wrist. The force required
to activate controls shall be no greater
than 5 Ibf (22.2 N). Controls for fiush
valves shall be mounted no more than
44 inches above the floor.

(5) Doorways on the end of the
- the-welcr clpaeU — ~

shall have a minimum clear opening
width of 32 inches. Doorways on the

side wall shall have a minimum clear
opening width of 39 inches. Door latches
and hardware shall be operable with
one hand and shall not require tight
grasping, pinching, or twisting of the
wrist.

(b) Restrooms required to be
accessible shall be in close proximity to
at least one seating location for persons
using mobility aids complying with
§ 38.125td) of this part and shall be
connected to such a space by an
unobstructed path having a minimum
width of 32 inches.

§ 38. 1 25 Mobility aid accessibility.

(a)(1) General. All intercity rail cars,
other than level entry cars, required to
be accessible by §§ 38.111 (a) and (e) of
this subpart shall provide a level-change
mechanism or boarding device (e.g., lift,
ramp or bridge plate) complying with
either paragraph (b) or (c) of this section
and sufficient clearances to permit a
wheelchair or other mobility aid user to
reach a seating location complying with
paragraph (d) of this section.

(2) Exception. If portable or platform
lifts, ramps or bridge plates meeting the
applicable requirements of this section
are provided on station platforms or
other stops required to be accessible, or
mini-high platforms complying with
§ 38.113(d) are provided, the car is not
required to be equipped with a car-
borne device.

(b) Car Lift— [l] Design load The
design load of the lift shall be at least
600 pounds. Working parts, such as
cables, pulleys, and shafts, which can be
expected to wear, and upon which tne
lift depends for support of the load, shall
have a safety factor of at least six,
based on the ultimate strength of the
material. Nonworking parts, such as
platform, frame, and attachment
hardware which would not be expected
to wear, shall have a safety factor of at
least three, based on the ultimate
strength of the material.

(2) Controls — (i) Requirements. The
controls shall be interlocked with the
car brakes, propulsion system, or door,
or shall provide other appropriate
mechanisms or systems, to ensure that
the car cannot be moved when the lift is
not stowed and so the lift cannot be
deployed unless the interlocks or
systems are engaged. The lift shall
deploy to all platform levels normally
encountered in the operating
environment. Where provided, each
control for deploying, lowering, raising,
and stowing the lift and lowering the
roll-off barrier shall be of a monetary
contact type requiFing continuous
-iiiuiiuij^ipmi0re by the operator and
shall not allow improper lift sequencing
when the lift platform is occupied. The

controls shall allow reversal of the lift
operation sequence, such as raising or
lowering a platform that is part way
down, without allowing an occupied
platform to fold or retract into the
stowed position.

(iii) Exception. The brake or
propulsion system interlocks
requirement does not apply to platform
mounted or portable lifts provided that a
mechanical, electrical or other system
operates to ensure that cars do not move
when the lift is in use.

(3) Emergency operation. The lift shall
incorporate an emergency method of
deploying, lowering to ground or station
platform level with a lift occupant, and
raising and stowing the empty lift if the
power to the lift fails. No emergency
method, manual or otherwise, shall be
capable of being operated in a manner
that could be hazardous to the lift
occupant or to the operator when
operated according to manufacturer's
instructions, and shall not permit the
platform to be stowed or folded when
occupied, unless the lift is a rotary lift
and is intended to be stov/ed while
occupied.

45770 Federal Register / Vol. 56, No. 173 / Friday. September 6, 1991 / Rules and Regulations

maneuvering into or out of the car. The
loading-edge barrier (outer barrier)
which functions as a loading ramp when
the lift is at ground or station platform
level, shall be sufficient when raised or
closed, or a supplementary system shall
be provided, to prevent a power
wheelchair or mobility aid from riding
over or defeating it. The outer barrier of
the lift shall automatically rise or close,
or a supplementary system shall
automatically engage, and remain
raised, closed, or engaged at all times
that the lift platform is more than 3
inches above the station platform and
the lift is occupied. Alternatively, a
barrier or system may be raised,
lowered, opened, closed, engaged or
disengaged by the lift operator provided
an interlock or inherent design feature
prevents the lift from rising unless the
barrier is raised or closed or the
supplementary system is engaged.

(6) Platfurm surface. The lift platform
surface shall be free of any protrusions
over Vi inch high and shall be slip
resistant. The lift platform shall have a
minimum clear width of 28 '/2 inches at
the platform, a minimum clear width of
30 inches measured from 2 inches above
the lift platform surface to 30 inches
above the surface, and a minimum clear
length of 48 inches measured from 2
inches above the surface of the platform
to 30 inches above the surface. (See Fig.
1.)

(7) Platform gaps. Any openings
between the lift platform surface and the
raised barriers shall not exceed % inch
wide. When the lift is at car floor height
with the inner barrier (if applicable)
down or retracted, gaps between the
forward lift platform edge and car floor
shall not exceed '72 inch horizontally
and % inch vertically.

(8) Platform entrance ramp. The
entrance ramp, or loading-edge barrier
used as a ramp, shall not exceed a slope
of 1;8, when measured on level ground,
for a maximum rise of 3 inches, and the
transition from station platform to ramp
may be vertical without edge treatment
up to 'A inch. Thresholds between 'A
inch and Vz inch high shall be beveled
with a slope no greater than 1:2.

(9) Platform deflection. The lift
platform (not including the entrance
ramp) shall not deflect more than 3
degrees (exclusive of car roll) in any
direction between its unloaded position
and its position when loaded with 600
pounds applied through a 26 inch by 28
inch test pallet at the centroid of the lift
platform.

(10) Platform movement. No part of
the platform shall move at a rate
exceeding 6 inches/second during
lowering and lifting an occupant, and
shall not exceed 12 inches/second

during deploying or stowing. This
requirement does not apply to the
deployment or stowage cycles of lifts
that are manually deployed or stowed.
The maximum platform horizontal and
vertical acceleration when occupied
shall be 0.3g.

(11) Boarding direction. The lift shall
permit both inboard and outboard facing
of wheelchairs and mobility aids.

(13) Handrails. Platforms on lifts shall
be equipped with handrails, on two
sides, which move in tandem with the
lift, and which shall be graspable and
provide support to standees throughout
the entire lift operation. Handrails shall
have a usable component at least 8
inches long with the lowest portion a
minimum 30 inches above the platform
and the highest portion a maximum 38
inches above the platform. The
handrails shall be capable of
withstanding a force of 100 pounds
concentrated at any point on the
handrail without permanent deformation
of the rail or its supporting structure.
The handrail shall have a cross-
sectional diameter between 1 '/t inches
and 1 \/2 inches or shall provide an
equivalent grasping surface, and have
eased edges with corner radii of not less
than '/s inch. Handrails shall be placed
to provide a minimum 1 Vz inches
knuckle clearance from the nearest
adjacent surface. Handrails shall not
interfere with wheelchair or mobility aid
maneuverability when entering or
leavmg the car.

(c) Car ramp or bridge plate — (1 )
Design load. Ramps or bridge plates 30
inches or longer shall support a load of
600 pounds, placed at the centroid of the
ramp or bridge plate distributed over an
area of 26 inches by 26 inches, with a
safety factor of at least 3 based on the
ultimate strength of the material. Ramps
or bridge plates shorter than 30 inches
shall support a load of 300 pounds.

(2) Ramp surface. The ramp or bridge
plate surface shall be continuous and
slip resistant, shall not have protrusions
from the surface greater than 'A- inch
high, shall have a clear width of 30
inches and shall accommodate both
four-wheel and three-wheel mobility
aids.

and V2 inch shall be beveled with a
slope no greater than 1:2.

(4) Ramp barriers. Each side of the \
ramp or bridge plate shall have barriers
at least 2 inches high to prevent mobility
aid wheels from slipping off.

(6) Attachment — (i) Requirement.
When in use for boarding or alighting,
the ramp or bridge plate shall be
attached to the vehicle, or otherwise i
prevented from moving such that it is
not subject to displacement when
loading or unloading a heavy power
mobility aid and that any gaps between
vehicle and ramp or bridge plate, and
station platform and ramp or bridge
plate, shall not exceed Vs inch.

(ii) Exception. Ramps or bridge plates
which are attached to, an deployed
from, station platforms are permitted in
lieu of car devices provided they meet
the displacement requirements of
paragraph (c)(6)(i) of this section.

(8) Handrails. If provided, handrails
shall allow persons with disabilities to
grasp them from outside the car while
starting to board, and to continue to use
them throughout the boarding process,
and shall have the lop between 30
inches and 38 inches above the ramp
surface. The handrails shall be capable
of withstanding a force of 100 pounds a
concentrated at any point on the \
handrail without permanent deformation
of the rail or its supporting structure.

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45771

The handrail shall have a cross-
sectional diameter between I'A inches
and \V2 inches or shall provide an
equivalent grasping surface, and have
eased edges with corner radii of not less
than Vb inch. Handrails shall not
interfere with wheelchair or mobility aid
maneuverability when entering or
leaving the car.

(d) Seating — (1) Requirements. All
intercity rail cars required to be
accessible by §§ 38.111 (a) and (e) of
this subpart shall provide at least one,
but not more than two, mobility aid
seating locationfs) complying with
paragraph (d)(2) of this section; and at
least one, but not more than two, seating
location(s) complying with paragraph
(d)(3) of this section which adjoin or
overlap an accessible route with a
minimum clear width of 32 inches.

(2) Wheelchair or mobility aid spaces.
Spaces for persons who wish to remain
in their wheelchairs or mobility aids
shall have a minimum clear floor area 48
inches by 30 inches. Such space may
have fold-down or removable seats for
use when not occupied by a wheelchair
or mobility aid user. (See Fig. 2.)

(3) Other spaces. Spaces for
individuals who wish to transfer shall
include a regular coach seat or dining
car booth or table seat and space to fold
and store the passenger's wheelchair.

§ 38.127 Sleeping compartments.

(a) Sleeping compartments required to
be accessible shall be designed so as to
allow a person using a wheelchair or
mobility aid to enter, maneuver within
and approach and use each element
within such compartment. (See Fig. 5.)

(b) Each accessible compartment shall
contain a restroom complying with

§ 38.123(a) which can be entered
directly from such compartment.

(c) Controls and operating
mechanisms (e.g., heating and air
conditioning controls, lighting controls,
call buttons, electrical outlets, etc.) shall
be mounted no more than 48 inches, and
no less than 15 inches, above the floor
and shall have a clear floor area directly
in front a minimum of 30 inches by 48
inches. Controls and operating
mechanisms shall be operable with one
hand and shall not require tight
grasping, pinching, or twisting of the
wrist.

Subpart G— Over-the-Road Buses and
Systems

§ 38.151 General.

(a) New, used and remanufactured
over-the-road buses, to be considered
accessible by regulations in part 37 of
this title, shall comply with this subpart.

(b) Over-the-road buses covered by
§ 37.7 (c) of this title shall comply with
§ 38.23 and this subpart.

§ 38.153 Doors, steps and thresholds.

(a) Floor surfaces on aisles, step
treads and areas where wheelchair and
mobility aid users are to be
accommodated shall be slip-resistant.

(b) All step edges shall have a band of
color(s) running the full width of the step
which contrasts from the step tread and
riser, either dark-on-light or light-on-
dark.

(c) To the maximum extent
practicable, doors shall have a minimum
clear width when open of 30 inches, but
in no case less than 27 inches.

§ 38.155 Interior circulation, handrails and
stanchions.

(a) Handrails and stanchions shall be
provided in the entrance to the vehicle
in a configuration which allows
passengers to grasp such assists from
outside the vehicle while starting to
board, and to continue using such
handrails or stanchions throughout the
boarding process. Handrails shall have
a cross-sectional diameter between 1 '74
inches and 1 V2 inches or shall provide
an equivalent grasping surface, and
have eased edges with vcorner radii of
not less than Vs inch. Handrails shall be
placed to provide a minimum iy2 inches
knuckle clearance from the nearest
adjacent surface. Where on-board fare
collection devices are used, a horizontal
passenger assist shall be located
between boarding passengers and the
fare collection device and shall prevent
passengers from sustaining injuries on
the fare collection device or windshield
in the event of a sudden deceleration.
Without restricting the vestibule space,
the assist shall provide support for a
boarding passenger from the door
through the boarding procedure.
Passengers shall be able to lean against
the assist for security while paying
fares.

(b) Where provided within passenger
compartments, handrails or stanchions
shall be sufficient to permit safe on-
board circulation, seating and standing
assistance, and alighting by persons
with disabilities.

§38.157 Lighting.

(a) Any stepwell or doorway
immediately adjacent to the driver shall
have, when the door is open, at least 2
foot-candles of illumination measured
on the step tread.

(b) The vehicle doorway shall have
outside light(s) which, when the door is
open, provide at least 1 foot-candle of
illumination on the street surface for a
distance of 3 feet perpendicular to all

points on the bottom step tread outer
edge. Such light(s) shall be located
below window level and shielded to
protect the eyes of entering and exiting
passengers.

§ 38. 1 59 Mobility aid accessibility.
[Reserved]

Subpart H— Other Vehicles and
Systems

§38.171 General.

(a) New, used and remanufactured
vehicles and conveyances for systems
not covered by other subparts of this
part, to be considered accessible by
regulations in part 37 of this title shall
comply with this subpart.

(b) If portions of the vehicle or
conveyance are modified in a way that
affects or could affect accessibility, each
such portion shall comply, to the extent
practicable, with the applicable
provisions of this subpart. This
provision does not require that
inaccessible vehicles be retrofitted with
lifts, ramps or other boarding devices.

(c) Requirements for vehicles and
systems not covered by this part shall
be determined on a case-by-case basis
by the Department of Transportation in
consultation with the U.S. Architectural
and Transportation Barriers Compliance
Board (Access Board).

§ 38.173 Automated guideway transit
vehicles and systems.

(a) Automated Guideway Transit
(ACT) vehicles and systems, sometimes
called "people movers", operated in
airports and other areas where ACT
vehicles travel at slow speed, shall
comply with the provisions of § 38.53 (a)
through (c), and §§ 38.55 through 38.61 of
this part for rapid rail vehicles and
systems.

(b) Where the vehicle covered by
paragraph (a) will operate in an
accessible station, the design of vehicles
shall be coordinated with the boarding
platform design such that the horizontal
gap between a vehicle door at rest and
the platform shall be no greater than 1
inch and the height of the vehicle floor
shall be within plus or minus Vz inch of
the platform height under all normal
passenger load conditions. Vertical
alignment may be accomplished by
vehicle air suspension or other suitable
means of meeting the requirement.

(c) In stations where open platforms
are not protected by platform screens, a
suitable device or system shall be
provided to prevent, deter or warn
individuals from stepping off the
platform between cars. Acceptable
devices include, but are not limited to,

45772 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

pantograph gates, chains, motion
detectors or other appropriate devices.

(d) Light rail and rapid rail ACT
vehicles and systems shall comply with
subparts D and C of this part,
respectively.

§ 38.175 High-speed rail cars, monorails
and systems.

(a) All cars for high-speed rail
systems, including but not limited to
those using "maglev" or high speed
steel-wheel-on-steel rail technology, and
monorail systems operating primarily on
dedicated rail (i.e., not used by freight
trains) or guideway, in which stations
are constructed in accordance with Part
37, Subpart C of this title, shall be
designed for high-platform, level
boarding and shall comply with
§ 38.111(a) of this part for each type of
car which is similar to intercity rail,
§§ 38.111(d), 38.113 (a) through (c) and
(e), 38.115 (a) and (b), 38.117 (a) and (b),
38.121 through 38.123, 38.125(d), and
38.127 (if applicable) of this part. The
design of cars shall be coordinated with
the boarding platform design such that

the horizontal gap between a car door at
rest and the platform shall be no greater
than 3 inches and the height of the car
floor shall be within plus or minus %
inch of the platform height under all
normal passenger load conditions.
Vertical alignment may be accomplished
by car air suspension or other suitable
means of meeting the requirement. All
doorways shall have, when the door is
open, at least 2 footcandles of
illumination measured on the door
threshold.

(b) All other high-speed rail cars shall
comply with the similar provisions of
subpart F of this part.

§36.177 Ferries, excursion boats and
other vessels. [Reserved]

§ 38. 1 79 Trams, and similar vehicles, and
systems

(a) New and used trams consisting of
a tractor unit, with or without passenger
accommodations, and one or more
passenger trailer units, including but not
limited to vehicles providing shuttle
service to remote parking areas.

between hotels and other public
accommodations, and between and i
within amusement parks and other '
recreation areas, shall comply with this
section. For purposes of determining
applicability of 49 CFR 37.101, 37.103, oi
37.105 the capacity of such a vehicle or
"train" shall consist of the total
combined seating capacity of all units,
plus the driver, prior to any modificatio
for accessibility.

(b) Each tractor unit which
accommodates passengers and each
trailer unit shall comply with § 38.25 an
§ 38.29 of this part. In addition, each
such unit shall comply with § 38.23 (b)
or (c) and shall provide at least one
space for wheelchair or mobility aid
users complying with § 38.23(d) of this
part unless the complete operating unit
consisting of tractor and one or more
trailers can already accommodate at
least two wheelchair or mobility aid
users.

Figures in Part 38

BILUNO COO€ 4910-62-M

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45773

(measured at 2 in (50 mm)
above platform surface)

28 V2 min (725 mm) I

at platform
30 min (760 mm)

(measured at 2 in (50 mm)
above the platform surface)

(a)
(side view)

(b)
(front view)

Fig. 1
Wheelchair or Mobility Aid Envelope

Fig. 2
Toe Clearance Gnder a Seat

45774 Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations

Fig. 3
Commuter Rail Car (without restrooms)

« vestibule

■ 32 min I

' 815 '

Fig. 4
Intercity Rail Car (with accessible restroom)

Federal Register / Vol. 56. No. 173 / Friday. September 6. 1991 / Rules and Regulations

45775

I 32 min V

' 815 *

Fig. 5
Intercity Rail Car (with accessible sleeping compartment)

45776 Federal Register / Vol. 56, No. 173 / Friday. September 6, 1991 / Rules and Regulations

(a)
Proportions

teJ

(b)
Display Conditions

Fig. 6
International Symbol of Accessibility

BILUNO CODE 4S10-62-C

Federal Register / Vol. 56, No. 173 / Friday, September 6, 1991 / Rules and Regulations 45777

Appendix to Part 38: Guidance Material

This appendix contains materials of an
advisory nature and provides additional
information that should help the reader to
understand the mmimum requirements of the
standards or to design vehicles for greater
accessibility. Each entry is applicable to all
subparts of this part except where noted.
Nothing in this appendix shall in any way
obviate any obligation to comply with the
requirements of the standards themselves.

/, Slip Resistant Surface — Aisles. Steps. Floor
Areas Where People Walk, Floor Areas in
Securement Locations. Lift Platforms. Ramps

Slip resistance is based on the frictional
force necessary to keep a shoe heel or crutch
tip from slipping on a walking surface under
conditions likely to be found on the surface.
While the dynamic coefficient of friction
during walking varies in a complex and non-
uniform way, the static coefficient of friction,
which can be measured in several ways.
provides a close approximation of the slip
resistance of a surface Contrary to popular
belief, some slippage is necessary to walking,
especially for persons with restricted gaits; a
truly "non-slip" surface could not be
negotiated.

The Occupational Safety and Health
Administration recommends that walking
surfaces have a static coefficient of friction of
0.5. A research project sponsored by the
Architectural and Transportation Barriers
Compliance Board (Access Board) conducted
tests with persons with disabilities and
concluded that a higher coefficient of friction
was needed by such persons. A static
coefficient of friction of 0.6 is recommended
for steps, floors, and lift platforms and 0.8 for
ramps.

It is recognized that the coefficient of
friction varies considerably due to the
presence of contaminants, water, floor
finishes, and other factors not under the
control of transit providers and may be
difficult to measure. Nevertheless, many
common materials suitable for flooring are
now labeled with information on the static
coefficient of friction. While it may not be
possible to compare one product directly with
another, or to guarantee a constant measure,
transit operators or vehicle designers and
manufacturers are encouraged to specify
materials with appropriate values. As more
products include information on slip
resistance, improved uniformity in
measurement and specification is likely. The
Access Board's advisory guidelines on Slip
Resistant Surfaces provides additional
information on this subject.

//. Color Contrast— Step Edges. Lift Platform
Edges

The material used to provide contrast
should contrast by at least 70%, Contrast in
percent is determined by:
Contrast = |B-B)/B|> 100

Where B = light reflectance value (LRV) of the

lighter area
and B = light reflectance value (LRV) of the

darker area. ^^ ..-^^^^Jib.'* section has beenjeserved and there

ano^^^^ffently is no requirememjnal vehictes be
equipped with an information system which
is capable of providing the same or

///. Handrails and Stanchions

In addition to the requirements for
handrails and stanchions for rapid, light, and
commuter rail vehicles, consideration should
be given to the proximity of handrails or
stanchions to the area in which wheelchair or
mobility aid users may position themselves.
When identifying the clear floor space where
a wheelchair or mobility aid user can be
accommodated, it is suggested that at least
one such area be adjacent or in close
proximity to a handrail or stanchion. Of
course, such a handrail or stanchion cannot
encroach upon the required 32 inch width
required for the doorway or the route leading
to the clear floor space which must be at
least 30 by 48 inches in size.

IV Priority Seating Signs and Other Signage

A. Finish and Contrast. The characters and
background of signs should be eggshell,
matte, or other non-glare finish. An eggshell
finish ( n to 19 degree gloss on 60 degree
glossimeter) is recommended. Characters and
symbols shall contrast with their
background — either light characters on a
dark background or dark characters on a light
background. Research indicates that signs are
more legible for persons with low vision
when characters contrast with their
background by at least 70 percent. Contrast
in percent shall be determined by:
Contrast = (B-B!/B| \100
Where B- light renectance value (LRV) of the

lighter area
and B = light reflectance value (LRV) of the

darker area
Note that in any application both white and
black are never absolute: thus, B never equals
ino and B is always greater than 0.

The greatest readability is usually achieved
through the use of light-colored characters or
symbols on a dark background

B. Destination and Route Signs. (The
following specifications, which are required
for buses (§ 38.39), are recommended for
other types of vehicles, particularly light rail
vehicles, were appropriate.)

1. Where destination or route information
is displayed on the exterior of a vehicle, each
vehicle shall have illuminated signs on the
front and boarding side of the vehicle.

2, Characters on signs required by
paragraph IV,B,1 of this appendix shall have
a width-toheight ratio between 3:5 and 1:1
and a stroke widtli-to-height ratio between
15 and 1:10, with a minimum character height
(using an upper case "X") of 1 inch for signs
on the boarding side and a minimum
character height of 2 inches for I'ront
"headsigns," with 'wide" spacing (generally,
the space between letters shall be '/le the
height of upper case letters), and shall
contrast with the background, either dark-on-
light or light-on-dark, or as recommended
above,

C. Designation of Accessible Vehicles. The
International Symbol of Accessibility should
be displayed as shown in Figure H.

V Public Information Systems

Noie thai m any appircatfblli'Bd^ff wfiTTea
black are never absolute; thus. B never equals
100 and B Is always greater than 0.

equivalent information to persons with
hearing loss. While the Department assesses
available and soon-to-be available
technology during a study to be conducted
during Fiscal Year 1992, entities are
encouraged to employ whatever services,
signage or alternative systems or devices that
provide equivalent access and are available.
Two possible types of devices are visual
display systems and listening systems.
However, it should be noted that while visual
display systems accommodate persons who
are deaf or are hearing impaired, assistive
listening systems aid only those with a
partial loss of hearing.

A Visual Display Systems.
Announcements may be provided in a visual
format by the use of electronic message
boards or video monitors.

Electronic message boards using a light
emitting diode (LED) or "flip-dot" display are
currently provided in some transit stations
and terminals and may be usable in vehicles.
These devices may be used to provide real
lime or pre-programmed messages; however,
real time message displays require the
availability of an employee for keyboard
entry of the information to be announced.

Video monitor systems, such as visual
paging systems provided in some airports
(eg,, Baltimore- Washington International
Airport), are another alternative. The
Architectural and Transportation Barriers
(Compliance Board (Access Board) can
provide technical assistance and information
on these systems ( "Airport TDD Access; Two
Case Studies." (1990)),

B Assistive Listening Systems. Assistive
listening systems (ALS) are intended to
augment standard public address and audio
systems by providing signals which can be
received directly by persons with special
receivers or their own hearing aids and which
eliminate or filter background noise.
Magnetic induction loops, infra-red and radio
frequency systems are types of listening
systems which are appropriate for various
applications.

An assistive listening system appropriate
for transit vehicles, where a group of persons
or where the specific individuals are not
known in advance, may be different from the
system appropriate for a particular individual
provided as an au> 'liary aid or as part of a
reasonable accommodation. The appropriate
device for an individual is the type that
individual can use, whereas the appropriate
system for a station or vehicle will
necessarily be geared toward the "average "
or aggregate needs of various individuals.
Earphone jacks with variable volume
controls can benefit only people who have
slight hearing loss and do not help people
who use hearing aids. At the present time,
magnetic induction loops are the most
feasible type of listening system for people
who use hearing aids equipped with "T-
coils". but people without hearing aids or
those with hearing aids not equ'pped with
inductive pick-ups cannot use them without
special receivers. Radio frequency syoten;;
can be extremely effective and inexpensive."
•^F^^e without hearing aids can use them,
but people with hearing aids need a special
receiver to use them as they are presently

45778 Federal Register / Vol. 56, No. 173 / Friday. September 6. 1991 / Rules and Regulations

designed. If hearing aids had a jack to allow ;

a by-pass of microphones, then radio

frequency systems would be suitable for

people with and without hearing aids. Some

listening systems may be subject to

interference from other equipment and

feedback from hearing aids of people who are

using the systems. Such interference can be i/-

controlled by careful engineering design that 1

anticipates feedback sources in the

surrounding area.

The Architectural and Transportation
Barriers Compliance Board (Access Board)
has published a pamphlet on Assistive
Listening Systems which lists demonstration
centers across the country where technical
assistance can be obtained in selecting and
installing appropriate systems. The Slate of
New York has also adopted a detailed
technical specification which may be useful. _^

|FR Doc. 91-20846 Filed 9-5-91; 8:45 am|

BILUNG CODE 4910-62-M

6/29/2012

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