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You’re listening to the Disability Law Lowdown podcast, show number 26, with your host, Jacquie Brennan.

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Today we’re going to talk about some frequently asked questions that have to do with transportation and the ADA.

Is public transportation covered by the ADA? Well, yes, public transportation is covered. That is, transportation that’s available to the public is covered. And it’s covered in two ways. As you may remember, Title II of the ADA covers state and local government. So if the public transportation that you’re talking about is offered by a state or local government, then it’s covered by Title II of the ADA.

And if it’s offered by a private company, like a private bus service or a private taxi cab, things like that, that would be covered, still by the ADA, but under Title III of the ADA. Either way, the transportation is covered.

Do all buses have to be accessible to people who use wheelchairs? Well, at this point, nearly all buses are required to be accessible. When the ADA was passed in 1990, it required that any new bus that was leased or purchased after that date, which was July 26, 1990, would have to be accessible to people who use wheelchairs. But it did not require that buses be retrofitted if they had already been purchased. It was believed that that would be really too expensive to require bus companies to do that at that point. But, right now, in 2009, we are 19 years beyond that date, and since buses are usually replaced after about 10-12 years in a fleet, it would be exceedingly rare at this point to have an inaccessible bus that was still in the fleet.

Do bus drivers have to let people who are blind ride the buses? Well, yes. Bus drivers may not discriminate against because of a disability. No transit provider may deny a person with a disability, on the basis of that disability, the opportunity to use the transit provider’s service.

Are taxi cabs covered by the ADA even if they are driven by private, independent contractors? Yes. Taxi cabs are still covered by the ADA even if the driver’s are technically not employees of the cab company. Even if they are independent contractors, they still have obligations under the ADA.

Are shuttle buses on college campuses covered by the ADA? The ADA does not require that a college campus have any kind of a shuttle bus system. But if it does offer a shuttle bus system, then students with disabilities must be able to ride the shuttle system or be provided with separate, equivalent transportation services.

What is “paratransit”? Paratransit is a transportation service that supplements public transit fixed-route systems. Fixed-route systems are like buses that go on the same route all the time, or even light rail systems, subway systems. All of those are fixed-route. Paratransit supplements that public transit fixed-route system by providing door-to-door service for individuals with disabilities who are unable to use the fixed-route service.

Do all cities or counties have to offer paratransit service? Well, not all, but any public entity that offers a fixed-route service must also offer paratransit because there will always be some individuals with disabilities who are unable to navigate that fixed-route system on their own.

Is paratransit free? No. Paratransit fares may not exceed twice the fare that would be paid by a person paying full fare on a comparable trip on the fixed-route system.

Is every person who has a disability eligible for paratransit? No. There are three categories of eligibility for paratransit. One is individuals who cannot navigate the fixed-route system as a result of a physical or mental impairment, without the assistance of another individual, except for the operator of the wheelchair lift or other boarding device. The second category is individuals with disabilities that can use buses with wheelchair lifts, but want to travel on a route that has buses that are not accessible. Now again, because of the time lapse since the ADA was passed, there are few people in this particular category because all buses should now be accessible. And three is individuals who have specific impairment-related conditions that prevent the person from traveling to a boarding location or from a disembarking location. Now it really has to prevent the travel and not just make it more difficult. Also, people in this category can kind of move in and out of the category depending on conditions. Like if there’s a bus stop at the top of a small hill, and in the summer when it’s dry, the person in the wheelchair can make it up that hill to get to the bus stop. But maybe in the winter, when there’s snow on the ground or ice on the side of that hill, they would not be able to get to that bus stop. So they may then qualify under that third category.

Does paratransit have to cover the same areas as the fixed-route system? No, the transit agency has to provide paratransit to and from within corridors that are ¾ of a mile on each side of all fixed-route bus service. So it makes the corridor, then, a mile-and-a-half wide. Let me see if I can explain that a little better. So you have the streets down which the regular buses go, and on any of those routes where the regular buses travel, the paratransit corridor extends ¾ of a mile on each side. Now, the way it is in most big cities, that just means the whole city is covered. If you go ¾ of a mile outside of any fixed-route, you’ll just run into another fixed-route. So it essentially covers the whole city. But of course that won’t be the same in some rural areas or smaller towns with smaller bus routes that are fixed-route.

What days and hours do paratransit services have to be offered? Paratransit has to be available throughout the same hours and days as the fixed-route service. So for example, if the fixed-route service goes from 5 a.m. until 7 p.m., then that’s when the paratransit has to be available. If they have half-day service on Saturday, then paratransit has to also have that service on Saturday.

Are airplanes covered by the ADA? Well, discrimination by airlines, other than by employment, is not technically covered by the ADA. It’s covered by another law called the Air Carrier Access Act. So, let’s talk about that for a minute so you’ll understand a little bit more about that. The Air Carrier Access Act is not a new law, really. It was passed, in fact, a little earlier than the ADA. It was passed in 1986 by Congress. And in 1990, the Department of Transportation published what are called “implementing regulations.” The Air Carrier Access Act is supposed to minimize the problems travelers with disabilities face as they navigate through the complex air travel system.

Does the Air Carrier Access Act cover all kinds of disabilities or only mobility impairments? It does cover all kinds of disabilities and it also covers temporary disabilities, like broken legs, that are not included in the definition of disability under the ADA and so are not covered there.

So airlines have to let people with disabilities on airplane flights? Yes. Airlines cannot refuse a passenger just because that passenger has a disability. Also, airlines cannot limit the number of people with disabilities on a particular flight. Any information that passengers get must also be provided to passengers with disabilities. The only exceptions are if the person with a disability would endanger the health or safety of other passengers or violate an FAA safety rule, or if the plane has fewer than 30 seats and there are no lifts or boarding chairs available that can adapt to the space limitations of such a small plane.

I use a portable oxygen concentrator (POC) and when I tried to take it on a plane a few years ago, the airline wouldn’t allow it. Is it lawful for them to do that? Well, the answer to that question has changed. Prior to May 2009, it is and was lawful for the airlines to prohibit POCs on flights. But after May 2009, on all US airlines operating flights on aircraft with 29 or more seats, the airline must allow approved POCs. And approved just means it has a label meeting the FAA requirements for medical portable electronic devices.

What does an airline not have to provide under the ACAA? The airline is not required to actually provide the medical oxygen for use on the plane, or the ability to carry an incubator, a hook-up for a respirator the plane’s electrical system, or accommodations for a passenger who has to travel on a stretcher. If the airline decides to offer any of these services, it may choose to charge a reasonable fee and require 48 hour advance notice and 1 hour advance check-in.

What if I have a complaint about either my local transportation service or a complaint under the ACAA? Well, under the ACAA you have two options. First, all airlines are required to have a Complaints Resolution Officer. And the Complaints Resolution Officer is supposed to be immediately available to resolve any disagreements between passengers with disabilities and the airlines. If things are not resolved by the CRO, then a complaint may be filled with the Aviation Consumer Protection Division.

If you have a complaint under Title II or Title III of the ADA, you can complain to the Federal Transit Administration to their Office of Civil Rights which is part of the US Department of Transportation, or you can complain to the Department of Justice, under either Title II or Title III.

So I hope that answers some of your Frequently Asked Questions about transportation, both bus, taxi and air transportation. In future podcasts, we’ll address more kinds of Frequently Asked Questions. Thanks for tuning in!

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The Disability Law Lowdown is brought to you by the Disability Business Technical Assistance Centers which are a network of ADA centers that provide training, technical assistance and materials on the ADA and other disability related laws. Funding for the centers is provided by NIDRR, the National Institute on Disability and Rehabilitation Research. You can subscribe to the Disability Law Lowdown at our website at disabilitylawlowdown.com or on iTunes.



The Southwest and Rocky Mountain ADA Centers are part of a program of Independent Living Research Utilization at TIRR - Memorial Hermann in Houston, Texas, and is funded by the National Institute on Disability and Rehabilitation Research. If you have questions about disability law or would like to request materials or training, please call 1-800-949-4232. This podcast is protected by the Creative Commons Attribution Non-Commercial No-Derivative-Works 2.5 License. For more information and transcripts, visit www.ada-podcast.com.