Special Needs Programs \ Transportation rights - Americans with Disability Act

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TRANSPORTATION RIGHTS FOR PERSONS WITH PHYSICAL DISABILITIES AS MANDATED BY THE AMERICANS WITH DISABILITIES ACT (ADA)

The Americans with Disabilities Act passed in 1990 specifically requires that public transportation must be accessible to individuals with physical disabilities. The four main parts of the ADA provide anti-discrimination protection in the areas of employment, public accommodations (including transportation services provided by private companies), public services (including public transportation services), and telecommunications.

The main federal agency responsible for enforcement of the ADA is the Department of Justice. However, the Department of Transportation generally oversees the implementation of this section of the ADA requirements.

In the eyes of the law, what disabilities are protected under the ADA?

Individuals with the following types of disabilities are protected under the ADA.

A. A physical or mental impairment(1) that substantially limits one or more of the major life activities(2) of such an individual; or

B. A record of such an impairment(3); or

C. Being regarded as having such an impairment(4)

D. A mental impairment is defined under the ADA as any mental or psychological disorder such as, mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; but does not include homosexuality or bisexuality.

Anyone who has such disabilities as described above must now be provided with accessible public transportation, be it bus, train, or light rail or paratransit. The transportation company is mandated by law to make a good faith effort to purchase or lease accessible vehicles.

Specifically, the ADA requires that:

* New public transit buses ordered after August 26, 1990 must be accessible to individuals with disabilities. * Transit authorities must provide comparable paratransit or other special transportation services to individuals with disabilities who cannot use fixed route bus services, unless undue burden would result. * Existing rail systems must have one accessible car per train by July 26, 1995. * New bus and train stations must be accessible. * Key stations in rapid, light, and commuter rail systems must be made accessible by July 26, 1993, with extensions up to 20 years for commuter rail (30 years for rapid and light rail). **All existing Amtrak stations must be accessible by July 26, 2010.

NOTES:

1) The term physical or mental impairment also includes those persons with drug and alcohol addiction, but the ADA specifically excludes those persons currently engaged in the illegal use of drugs.

2) The phrase major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

3) The phrase "has a record of such an impairment" means that the individual has a history of, or has been misclassified as having a mental or physical impairment that substantially limits one or more major life activities.

4) The phrase "is regarded as having such an impairment" means that the individual has a physical or mental impairment that does not substantially limit major life activities, but is treated by a public or private entity as though the impairment does cause such limitations; that the individual has a physical or mental impairment that substantially limits a major life activity only as a result of the attitudes of others toward the impairment; or, that the individual has no impairment as defined by the ADA but is treated by a public or private entity as having such an impairment.