Legal Rights of Persons With Disabilities - Ossh.com

accessible vehicles, but they must operate a system which, when viewed in its entirety, provides an
equivalent level of service for individuals with disabilities. (42 U.S.C. ' 12144; 49 C.F.R. ' 37.171.) They
must compensate passengers with disabilities if they fail to provide certain services. (49 C.F.R.
' 37.199.)
In addition, systems which do not provide fully accessible vehicles are required to provide
paratransit and other special services in order to provide a level of service which is comparable to the
service provided individuals without disabilities. Paratransit must also be comparable to the extent
practical with the response time provided to individuals without disabilities. However, systems providing
solely commuter bus service are exempt from this requirement. (42 U.S.C. ' 12143.)
The ADA also mandates that a public entity provide at least one car per train, where two or more
vehicles operate as a train by a light or rapid rail system, which is readily accessible and usable by persons
with disabilities, including individuals who use wheelchairs. (42 U.S.C ' 12148.)
Public entities operating fixed route systems shall permit service animals to accompany individuals
with disabilities in vehicles and facilities. (49 C.F.R. ' 37.167(d).)
ii.
Over-the-Road Buses Operated By Private Entities
Over-the-road buses operated by private entities are generally subject to the same accessibility
rules as those applied to government-funded bus systems. Private entities may not purchase or lease new
buses which are not readily accessible and usable by individuals with disabilities. They are to remove
transportation barriers in existing buses where such removal is readily achievable; they are not required to
retrofit buses or to install hydraulic lifts. (42 U.S.C. ' 12186; 49 C.F.R. '' 37.167(d); 37.181 et seq., and
38.151 et seq.; 28 C.F.R. ' 36.310.)
"Over-the road buses," which are buses with baggage compartments located underneath the
passenger section, are not required to provide accessible bathrooms if this would result in a loss of seating
capacity. However, they are required to be accessible in all other aspects, such as by providing handrails,
lighting and slip-resistant floors where wheelchairs or mobility aid users are to be accommodated. (42
U.S.C. ' 12186; 49 C.F.R. ' 38.151 et seq.)
Private entities which are primarily engaged in the business of transportation must make
reasonable modifications to existing buses, must provide auxiliary aids and services and, under certain
circumstances, must remove barriers in order to create accessibility. Where an entity uses vehicles with a
carrying capacity of eight passengers or less, it is required to purchase accessible vehicles, unless the entity
provides the same level of service to passengers with disabilities when the system is viewed in its entirety.
The same level of service means that the frequency, response time, and destinations covered must be
equivalent. (42 U.S.C. ' 12184; 28 C.F.R. ' 36.202; 49 C.F.R.
'' 37.103 and 37.105.)
Private entities which are not primarily engaged in the transportation business and which operate a
fixed route system are required to purchase new buses which are readily accessible and usable by
individuals with disabilities, including persons who use wheelchairs. However, if the vehicle has a carrying
capacity of 16 passengers or less, then the vehicle is not required to be accessible, but only if the private
entity operates a system which provides the same level of service to users with
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