Legal Rights of Persons With Disabilities - Ossh.com

disabilities when viewed in its entirety. Public entities which operate a purely demand responsive system -
where there is no fixed route - are required to purchase accessible vehicles, unless they can show that the
system, when viewed in its entirety, provides the same level of service to users with disabilities. (42 U.S.C.
' 12182; 49 C.F.R. '' 37.101 and 37.105.)
c. Trains, Street Cars and Other Rail Vehicles
i. Intercity and Commuter Rail Operated By Public Entities
The same general rules apply to larger trains that apply to rapid and light rail transportation. Public
entities, such as Amtrak or local commuter authorities, must purchase or lease readily accessible or usable
vehicles subject to the same general exceptions allowed for rapid and light rail.
On intercity trains, there must be at least one space to park and one space to store and fold a
wheelchair for every passenger coach. Accessible bathrooms are required on coaches which provide
wheelchair spaces. On trains which provide food service in either single or bi-level cars, auxiliary aids and
services must be provided to ensure that passengers with disabilities are provided equivalent food service to
that provided to other passengers. A single-level dining car providing food service must meet certain
accessibility requirements if purchased after July 26, 1990. The one-accessible-car-per-train rule also
applies to intercity and commuter rail service. (42 U.S.C. ' 12162; 49 C.F.R. '' 37.91 and 37.93.)
ii.
Rail Operated By Private Entities
Rail operated by private entities is subject to the same accessibility rules as other businesses
providing public accommodations. Private entities have an obligation to remove structural barriers and to
make alterations where readily achievable. If such alterations are not readily achievable, then the public
entity has the duty to use alternative methods of providing services if they are readily achievable.
However, public entities are not required to retrofit cars for hydraulic lifts. (42 U.S.C.
' 12182(b)(2)(A)(iv).)
Private rail is also subject to the same rules as rail provided by public entities; for example, all new
passenger cars must be readily accessible to and usable by persons with disabilities, to the maximum extent
feasible. This applies to used cars not already owned or leased by an entity and to cars remanufactured to
extend their life ten years. (42 U.S.C. ' 12184.) Historic cars are granted the same exceptions given to
those operated by public entities. (Ibid.)
d. Stations and Terminals
i. Facilities Operated By Public Entities
Transportation facilities are subject to the same types of accessibility requirements as other
buildings. New facilities must be built so that they are readily accessible and usable by persons with
disabilities, and any alterations to existing buildings must be done so that they are made accessible and
usable to the maximum extent feasible. Whenever an area containing a primary function is altered, the
bathrooms, telephones, drinking fountains, and path of travel must also be made accessible to persons with
disabilities, including persons who use wheelchairs, unless disproportionate in cost and scope to the overall
alterations. (42 U.S.C. '' 12146 and 12147, subd. (a); 49 C.F.R. '' 37.41-37.45.)
In addition to the general rules, "key stations" serving rapid and light rail must be made accessible
no later than July 26, 1993. Public entities may apply for extensions of up to 30 years where making a
station accessible would involve extraordinarily expensive structural changes to or replacement of existing
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