Legal Rights of Persons With Disabilities - Ossh.com

facilities. By July 26, 2010, at least two-thirds of such key stations must be readily accessible to and usable
by individuals with disabilities. (42 U.S.C. ' 12147(b); 49 C.F.R.
' 37.41 et seq.)
"Key stations" are chosen by the public entity based on various criteria including stations where
passenger boarding exceeds 15% of the average, transfer stations, connections to other modes of
transportation, end stations, and stations serving major activity centers. (49 C.F.R. '' 37.47- 37.51.)
ii.
Facilities Operated By Private Entities
Transportation facilities operated by private entities are subject to the same requirements as other
facilities housing public accommodations. (49 C.F.R. ' 37.21(a)(2); see section Ai@ above.) Generally, a
place of public accommodation is required to facilitate access by (1) modifying policies, practices, or
procedures, unless this would fundamentally alter the nature of the services; (2) providing auxiliary aids
and services, unless this would fundamentally alter the nature of the services or would result in an undue
burden; (3) removing architectural barriers if readily achievable and if not, using alternative methods, if
those are readily achievable. (28 C.F.R. ' 36.301-305.)
New facilities must be designed so that they are readily accessible to persons with disabilities and
any alterations must be made so as to create accessibility. (28 C.F.R. '' 36.402-405, with certain
exceptions for measures taken to comply with barrier removal requirements; see 28 C.F.R. ' 304.)
e. Taxis
While providers of taxi service are not required to purchase or lease accessible automobiles, they
are subject to the general ADA provisions against discrimination. For example, taxi service providers may
not discriminate against persons with disabilities by refusing to provide taxi services to individuals who can
use them, refusing to assist with the stowing of mobility devices, or by charging higher fares or fees for
carrying an individual with a disability and his or her equipment/or service animal.
If a provider of taxi service purchases or leases a vehicle other than an automobile, then the vehicle
is required to be accessible, unless an equivalent service is provided for persons with disabilities. For
example, taxi service providers who use vans in airport door to door service may only purchase nonaccessible
vans if they already provide an equivalent level of service for individuals with disabilities. An
equivalent level of service means an equivalency in schedules, response time, fares, areas of service, hours
and days of service, availability of information, reservations capability, constraints on capacity or service
availability and restriction priorities based on trip service.
(49 C.F.R. '' 37.29 and 37.105.)
f. Reduced Faires
Mass transportation systems, whether trains or buses, which receive federal funds, are required to
charge special rates for passengers who are disabled or elderly. During non-peak hours, rates for
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