No Change to US DOT ADA Regulations for Service Animals and Mobility Devices

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Folks - this is on the US DOT Federal Transit Administration's website - http://www.fta.dot.gov/civilrights/c...ghts_2360.html.

Seems to suggest that the DOT is telling bus operators that they don't have to accommodate Segways - and in fact - if they do they might be "out of compliance." See the 4th paragraph below.

Brian

Technical Assistance Note
No Change to US DOT ADA Regulations for Service Animals and Mobility Devices

FTA has become aware of various inquiries from transit operators and members of the public concerning “new ADA regulations” that went into effect on March 15. Of particular interest have been various provisions relating to service animals and how “wheelchair” is defined.

Please be advised that the U.S. Department of Transportation has issued no changes to its ADA regulations, which cover transportation provided by both the private and public sector.

The cause of any confusion has been a Final Rule issued several months ago by the U.S. Department of Justice (DOJ), which made a number of changes to their ADA regulations that went into effect on March 15, 2011. While the purpose of DOJ’s revisions was to adopt the 2004 accessibility standards (which DOT did in 2006), they also contained language amending provisions for service animals and introduced a new distinction between “wheelchairs” and “other powered mobility devices” or OMPDs.

These changes to DOJ’s regs do not affect the DOT ADA regulations, which cover transportation (both public and privately-operated). The DOJ regs do not compel transit operators to make any changes to their service animal policies or the manner in which they regard mobility devices, nor should transit operators elect to make any changes on this basis. In fact, because the DOT and DOJ regulations now read differently in this regard, changes to accommodate DOJ regulations could result in a grantee being out of compliance with the DOT ADA regulations.

Any amendments to the DOT ADA regulations would be announced in the customary manner – through publication of rulemaking documents in the Federal Register, with an effective date. Unless and until such documents are published, the DOT regulations remain unchanged.

[QuadSquad]

Brian,

I'm not sure how you reached this conclusion when in fact what the United States Department of Transportation is saying is precisely the opposite of what you have concluded.

The Department of Transportation which is charged with the responsibility of writing regulations to ensure compliance of public transportation both under the Americans with Disabilities Act, as well as the Air Carriers Access Act.

The Department of Transportation ruled in 2003 that under the Air Carriers Access Act Airlines were compelled to transport people with disabilities and their Segways in the same manner and fashion as they would for people with disabilities utilizing wheelchairs or scooters. This of course does not in any way allow/permit Segways utilizing lithium ion batteries to be transported aboard passenger carrying aircraft. This ruling would only be applicable for those utilizing nickel metal batteries which we all know are limited to generation one Segways.

The Department of Transportation issued guidance in September of 2005 regarding the use of Segways on transportation vehicles. This guidance stated that the Segway, when used by a person with a disability as a mobility device, is part of the broad class of mobility aids that part 37 intends will be accommodated and in this way a Segway occupies a legal position analogous to canes, walkers, etc.

The departments technical assistance note which you refer to is merely a statement that while DOJ has classified the Segway among "other powered mobility devices" the Department of Transportation's regulations have not changed and they continue to utilize the above guidance and regulations in the enforcement of the parts of the ADA and the ACAA which are under their venue.

We, by the way, consider the Department of Transportation's interpretation of the classification of Segway as the more correct view under The 1973 Rehabilitation Act, As Amended.

[[email protected]]

In approaching the local public bus service it was clear that they did NOT have a policy of accepting a Segway rider on the public buses. After discussion regarding the ADA changes I got sent the article I posted with a cover that suggested that DOT was not supporting the ADA changes, and that therefore, they did not have to support a disabled Segway rider.

I obviously did not understand the background at DOT - nor did the local folks. May I forward the last 5 paragraphs of your reply to the correct local authorities?

Many thanks,

Brian

[QuadSquad]

Brian, feel free to forward it to them.