Transportation Accessibility: Lack of Data and Limited
Enforcement Options Limit Federal Oversight (19-SEP-07,
GAO-07-1126).
The Americans with Disabilities Act of 1990 (ADA) provides people
with disabilities the legal right to access transportation and
public rights-of-way, including sidewalks and street crossings.
The Department of Transportation (DOT) and Department of Justice
(DOJ) share responsibility for overseeing ADA compliance. GAO was
asked to review federal oversight and enforcement of ADA
compliance, including (1) what is known about compliance, (2)
difficulties the federal government faces in overseeing and
enforcing compliance, and (3) the sources of federal help and any
gaps in that help. GAO's work encompassed a wide range of federal
agencies and other entities, such as industry associations,
transportation providers, and disability advocacy groups, as well
as detailed reviews in eight cities across the country.
-------------------------Indexing Terms-------------------------
REPORTNUM: GAO-07-1126
ACCNO: A76490
TITLE: Transportation Accessibility: Lack of Data and Limited
Enforcement Options Limit Federal Oversight
DATE: 09/19/2007
SUBJECT: Accessibility
Accountability
Aid for the disabled
Federal agencies
Federal regulations
Local governments
Persons with disabilities
Railroad industry
Railroad regulation
Standards
Transportation law
Transportation policies
National Cooperative Highway Research
Program
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GAO-07-1126
* [1]Results in Brief
* [2]Background
* [3]Extent of ADA Compliance for Surface Transportation and Publ
* [4]Some Data Are Available on the Percent of Accessible Vehicle
* [5]Less Is Known About the Extent of ADA Compliance for Public
* [6]Intercity Passenger Rail (Amtrak)
* [7]Commercial Bus
* [8]Public Rights-of-Way
* [9]Private Transportation (Other Than Commercial Bus)
* [10]Complementary Paratransit
* [11]Complaint Data
* [12]Federal Agencies Conduct Oversight and Enforcement Activitie
* [13]Unevenness in Agencies' Oversight Framework and Coordination
* [14]Federal Agencies' Role in Oversight and Enforcement of
Surfa
* [15]DOJ, FTA, and FHWA Have an Oversight and Enforcement
Framewo
* [16]FRA and FMCSA Do Not Have a Framework for Clarifying and
Est
* [17]Lack of Coordination also Contributes to Oversight Gaps
or D
* [18]Agencies Lack Data with Which to Target and Evaluate the Eff
* [19]DOT Officials Consider Existing Enforcement Options to Be Li
* [20]DOT Has Another Option Available for Enforcing Airline
Acces
* [21]Private Citizens Use Lawsuits and Settlement Agreements to B
* [22]Federal Entities Provide a Variety of Technical Assistance t
* [23]Assistance Takes Several Forms
* [24]Gaps in Technical Assistance for Public Transportation and P
* [25]DOT Is Developing Regulations to Address Emerging Issues
in
* [26]More Clarity Needed for Public Rights-of-Way
Requirements
* [27]Many Jurisdictions Lack Information about
Transition Plans f
* [28]Technical Standards for Installing Public
Rights-of-Way Are
* [29]Conclusions
* [30]Recommendations for Executive Action
* [31]Agency Comments and Our Evaluation
* [32]Appendix I: Examples of Federal Funds That Are Used for ADA
* [33]Appendix II: Objectives, Scope, and Methodology
* [34]Appendix III: The Disability Law Coordinating Council
* [35]Appendix IV: Comments from the National Railroad Passenger C
* [36]Appendix V: GAO Contact and Staff Acknowledgments
* [37]GAO Contact
* [38]Staff Acknowledgments
* [39]Order by Mail or Phone
* [40]PDF6-Ordering Information.pdf
* [41]Order by Mail or Phone
Report to the Chairman, Subcommittee on Transportation, Housing and Urban
Development, and Related Agencies, Committee on Appropriations, House of
Representatives
United States Government Accountability Office
GAO
September 2007
TRANSPORTATION ACCESSIBILITY
Lack of Data and Limited Enforcement Options Limit Federal Oversight
GAO-07-1126
Contents
Letter 1
Results in Brief 5
Background 9
Extent of ADA Compliance for Surface Transportation and Public
Rights-of-Way Is Largely Unknown Because Little Reliable Information Is
Available 15
Federal Agencies Conduct Oversight and Enforcement Activities but Face
Difficulties in Ensuring Compliance with the ADA 26
Federal Entities Provide a Variety of Technical Assistance to Help with
ADA Compliance, but Gaps Exist in Regulations and Guidance 37
Conclusions 46
Recommendations for Executive Action 48
Agency Comments and Our Evaluation 49
Appendix I Examples of Federal Funds That Are Used for ADA Compliance 52
Appendix II Objectives, Scope, and Methodology 55
Appendix III The Disability Law Coordinating Council 60
Appendix IV Comments from the National Railroad Passenger Corporation
(Amtrak) 61
Appendix V GAO Contact and Staff Acknowledgments 64
Tables
Table 1: Other Examples of ADA Technical Assistance Sources Provided by
DOJ, DOT, and the Access Board 39
Table 2: Examples of Federal Funds that Are Used for ADA Compliance 52
Table 3: National Industry Associations and Disability Organizations
Interviewed for Our Review 57
Table 4: State and Local Organizations Interviewed for Our Review 58
Figures
Figure 1: Examples of Accessible Transportation Features 11
Figure 2: Percentage of People Reporting Problems with Transportation and
Public Rights-of-Way, by Mode and Disability Status in 2002 14
Figure 3: Inaccessible Sidewalks and Medians in a Downtown Area 23
Abbreviations
Access Board Architectural and Transportation Barriers Compliance Board
ADA Americans with Disabilities Act of 1990
ADAAG ADA Accessibility Guidelines
Amtrak National Railroad Passenger Corporation
CMAQ Congestion, Mitigation, and Air Quality Improvement Program
DOJ Department of Justice
DOT Department of Transportation
FHWA Federal Highway Administration
FMCSA Federal Motor Carrier Safety Administration
FRA Federal Railroad Administration
FTA Federal Transit Administration
NCD National Council on Disability
NHS National Highway System
NHTSA National Highway Traffic Safety Administration
NPRM Notice of Proposed Rulemaking
OST Office of the Secretary of Transportation
STP Surface Transportation Program
This is a work of the U.S. government and is not subject to copyright
protection in the United States. The published product may be reproduced
and distributed in its entirety without further permission from GAO.
However, because this work may contain copyrighted images or other
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wish to reproduce this material separately.
United States Government Accountability Office
Washington, DC 20548
September 19, 2007
The Honorable John W. Olver Chairman
Subcommittee on Transportation, Housing and Urban Development,
and Related Agencies
Committee on Appropriations House of Representatives
Dear Chairman Olver:
Access to transportation and public rights-of-way^1 is critical to helping
people with disabilities live independently--allowing individuals to gain
access to the goods, services, employment opportunities, and social
contacts that support their quality of life. According to recent
estimates, there are about 40-50 million people with disabilities in the
United States.^2 These include people with spinal cord injuries or other
mobility impairments, who may use a wheelchair or other mobility aid;
people who are blind or visually impaired, who may need assistance in
reading signs or locating crosswalks; people who are deaf or
hard-of-hearing, who may have difficulty hearing stop or route
announcements; people with cognitive impairments, who may have difficulty
negotiating the public transportation system; and others.
The Americans with Disabilities Act of 1990 (ADA) protects the legal
rights of people with disabilities and requires the provision of services,
including access to transportation and public rights-of-way.^3 Since ADA
requirements became effective, access to surface transportation has
improved. For example, reports from the National Council on Disability^4
and the Bureau of Transportation Statistics found that more public and
private transportation vehicles are accessible now than at the time the
ADA was enacted.^5
^1Public rights-of-way include pedestrian access to sidewalks and streets,
through crosswalks, curb ramps, pedestrian signals, and parking, among
other things.
^2The U.S. Census Bureau's 2002 Survey of Income and Program Participation
reported that 51.2 million noninstitutionalized civilians had some level
of disability. In its 2005 American Community Survey, the bureau found
that 39.7 million noninstitutionalized civilians age 5 and over had one or
more disabilities. According to the bureau, the definition of a disability
varies between these surveys and, therefore, disability statistics vary
depending on the purpose for which they are being used and the survey
collecting the information.
To help ensure that people with disabilities have such access, the federal
government is responsible for monitoring, overseeing, and enforcing ADA
requirements, as well as providing technical assistance. Specifically, the
Architectural and Transportation Barriers Compliance Board (Access Board)
issues guidelines that show how buildings, facilities, and vehicles
covered by the law can be made accessible to individuals with
disabilities. These guidelines form the basis for enforceable standards
when incorporated into federal regulations. The Department of
Transportation (DOT) issues regulations for both public and private
transportation and is responsible for reviewing compliance among public
entities. The Department of Justice (DOJ) issues regulations setting rules
and standards for access in public and commercial facilities, including
public rights-of-way, and has responsibility for litigation on the
government's behalf in enforcing the ADA upon referral of a finding of
noncompliance by DOT or by intervention in a privately filed lawsuit. DOJ
is also responsible for enforcing compliance among both publicly and
privately operated transportation systems that serve the general public.
Despite overall improvements in accessibility since the ADA's enactment
and these federal oversight responsibilities, individuals with
disabilities continue to face barriers to accessible transportation.^6 For
example, a national study conducted by the Bureau of Transportation
Statistics in 2002 found that approximately 12 percent of individuals with
disabilities had difficulties obtaining the transportation they need,
compared with 3 percent of people without disabilities.^7 A 2004 national
survey found that people with disabilities were twice as likely to have
inadequate transportation as people without disabilities.^8 In addition,
research has shown that compliance gaps still pose significant problems
for many individuals with disabilities. For example, a 2005 National
Council on Disability report found that some transit agencies fail to
comply with the ADA regulatory requirement to announce bus or rail stops,
making it difficult for people with visual or cognitive impairments to
know when to get off the bus or train. Elevators at rail stations may not
be in working order, rendering those stations inaccessible to people with
certain mobility impairments. The ADA requires public transit operators to
provide paratransit^9 service for persons with disabilities who cannot use
the regular transit system, but many of these complementary paratransit
systems have timeliness problems, providing rides either too early or too
late, preventing riders from reaching their jobs or appointments in a
timely manner. Further, some transportation providers--including taxi and
commercial bus^10 drivers--have refused to accommodate service animals,
such as guide dogs, as required by law. Finally, problems with public
rights-of-way include intersections without curb ramps or sidewalks
blocked by telephone poles.^11
^3The precursor to the ADA, Section 504 of the Rehabilitation Act of 1973,
prohibits discrimination against an otherwise qualified person with a
disability in any program or activity that receives federal financial
assistance. Section 504 also gave certain authority to the federal
government for oversight and enforcement. The ADA extended the
nondiscrimination principles established under Section 504 to both public
and private entities without regard to receipt of federal financial
assistance.
^4The National Council on Disability is an independent federal agency that
makes recommendations to the President and Congress to enhance the quality
of life for people with disabilities and their families.
^5National Council on Disability, The Current State of Transportation for
People with Disabilities in the United States (Washington, D.C.: June
2005); and U.S. Department of Transportation, Bureau of Transportation
Statistics, National Transportation Statistics (Washington, D.C.: Apr. 12,
2007).
^6The ADA requires transportation to be accessible, but it does not
require transportation to be available. As a result, people with
disabilities may face mobility challenges if they live in suburban or
rural areas that are not served by public transportation, or in areas that
do not have sidewalks. We have discussed such mobility challenges in
several reports, including GAO, Surface and Maritime Transportation:
Developing Strategies for Enhancing Mobility: A National Challenge,
[42]GAO-02-775 (Washington, D.C.: Aug. 30, 2002); and
Transportation-Disadvantaged Populations: Some Coordination Efforts Among
Programs Providing Transportation Services, but Obstacles Persist,
[43]GAO-03-697 (Washington, D.C.: June 30, 2003).
^7U.S. Department of Transportation, Bureau of Transportation Statistics,
Freedom to Travel (Washington, D.C.: 2003). DOT officials pointed out that
this information is 5 years old; however, this is DOT's most recent study
of the subject.
^8National Organization on Disability, Harris Survey of Americans with
Disabilities (Washington, D.C.: June 2004).
^9The ADA refers to this service as "complementary paratransit service."
In general, ADA complementary paratransit service must be provided within
3/4 of a mile of a bus route or rail station, at the same hours and days,
for no more than twice the regular fixed route fare.
^10The ADA and federal regulations refer to these as over-the-road buses.
For the purposes of this report, we use the term "commercial bus."
This report responds to your request that we review the federal
government's oversight of compliance with the ADA. Specifically, it
addresses: (1) what is known about the extent of ADA compliance for
surface transportation and public rights-of-way;^12 (2) what difficulties,
if any, the federal government faces in overseeing and enforcing
compliance with the ADA; and (3) the sources of federal technical
assistance that are available to help public transportation providers,
businesses, and state and local governments comply with ADA requirements
and what gaps, if any, exist. In addition, we provided information on
several sources of federal financial assistance for ADA-related activities
(see app. I).
To address these questions, we reviewed the statutes, regulations, and
policies governing ADA requirements for surface transportation modes and
public rights-of-way; reviewed relevant literature; and gathered and
analyzed available federal agency data on ADA compliance. To assess the
reliability of accessibility data from the National Railroad Passenger
Corporation (Amtrak) and the Federal Transit Administration's National
Transit Database, we spoke with agency officials about data quality
control procedures and reviewed relevant documentation. We determined the
data were sufficiently reliable for the purposes of this report. We
interviewed officials from DOJ, DOT's Office of the Secretary, and the
various offices responsible for specific surface transportation modes
(transit, rail, commercial bus, and pedestrian access). These offices
included the Federal Transit Administration, Federal Railroad
Administration, Federal Motor Carrier Safety Administration, and Federal
Highway Administration. We also interviewed officials from the Access
Board, Amtrak, industry associations, and national-level disability
organizations. We also made site visits to eight cities,^13 where we met
with officials from various entities, including transportation agencies,
state departments of transportation, municipal governments, centers for
independent living, and local disability advocacy groups. These cities
were selected on the basis of several factors, including size, experience
with federal ADA oversight processes, and geographic diversity. We
conducted this performance audit from November 2006 through July 2007, in
accordance with generally accepted government auditing standards. The
details of our objectives, scope, and methodology are in appendix II.
^11National Council on Disability, Current State of Transportation.
^12For the purposes of this report, surface transportation includes public
rights-of-way, public transportation (such as buses, subways, trolleys,
and commuter rail), ADA-complementary paratransit, intercity passenger
rail (Amtrak), intercity buses, and privately operated transportation that
is open to the public (such as taxis and airport shuttles). Maritime and
aviation are excluded from our scope, as are school transportation and the
Alaska Railroad.
^13Albany, NY; Chicago, IL; Dallas, TX; Hartford, CT; Joliet, IL;
Kingston, NY; Los Angeles, CA; and Springfield, MA.
Results in Brief
Although there are indications that accessibility is improving, the extent
of compliance with the ADA's requirements for surface transportation and
public rights-of-way is unknown because, except for public transit, little
reliable information is available. For transit, data are available on the
percent of vehicles and rail stations that are wheelchair accessible in
urban areas, as well as more limited data on accessibility in rural areas.
These data reflect increasing compliance: for example, transit agencies
reported that the percent of accessible transit buses in urban areas
increased from 36 percent in 1989 to 97 percent in 2005 as new, accessible
vehicles replaced older ones. However, problems persist in compliance with
other ADA requirements, such as maintaining lifts and ramps and announcing
transit stops. For compliance in public rights-of-way and other
transportation modes, such as commercial bus and paratransit, however,
less is known. While there are no national data on compliance with ADA
paratransit requirements, for example, information from DOT reviews and
disability interest groups indicate that problems remain, such as some
transportation providers having policies to determine who is eligible for
paratransit that are not consistent with the ADA and federal regulations.
In some cases, data are available but unreliable. For example, DOT rules
require commercial bus carriers to provide compliance data to the Federal
Motor Carrier Safety Administration, but the percent of commercial bus
carriers providing this data is low (13 percent in 2006), and DOT does not
verify the data it receives. DOT also has not analyzed the information as
required by DOT regulation, although the agency has developed a
preliminary strategy for doing so and plans to finish its analysis by
2008. In other cases, data are still being developed. For example, Amtrak,
which faces an ADA requirement to make most of the stations that it serves
accessible by 2010, is gathering station-by-station information on
accessibility but has not developed a comprehensive schedule for achieving
full compliance with ADA station accessibility requirements, as required
by its grant agreement with the Federal Railroad Administration. Amtrak
officials said that this is due, in part, to station ownership issues and
the sufficiency and timing of funding. DOT and DOJ also have data on
ADA-related complaints for all modes of transportation, of which there are
relatively few, but the number of complaints alone is not a good indicator
of compliance with ADA requirements.
DOJ and DOT face three main difficulties in overseeing and enforcing
compliance with the ADA, according to our discussions with officials and
our site visits:
o Uneven level of oversight and enforcement provided by DOT modal
administrations. Within DOT, the various modal administrations
differ greatly in the degree to which they have an ADA oversight
framework in place. DOJ, Federal Transit Administration, and
Federal Highway Administration have a framework, including
processes for conducting regular reviews of ADA compliance and, in
the case of DOJ and the Federal Transit Administration, a formal
memorandum of understanding that specifies each agency's oversight
and enforcement responsibilities. In contrast, officials in other
modal administrations do not have a framework in place to enforce
the ADA. For example, although the Federal Railroad Administration
does not conduct periodic reviews of Amtrak's compliance, ADA
regulations require DOT to conduct such reviews of all entities
receiving financial assistance from DOT, including Amtrak.^14
Federal Railroad Administration officials stated that they may
begin such reviews in the future. Additionally, Federal Motor
Carrier Safety Administration officials have maintained in an
ongoing court case that, although they can penalize commercial bus
companies for safety violations, they cannot withhold operating
authority or issue civil penalties for ADA violations. These two
modal administrations also lack a formal mechanism for
coordinating with DOJ, although the Federal Motor Carrier Safety
Administration shares information with DOJ. As a result, there
appear to be gaps in oversight and enforcement for Amtrak and
commercial buses.
o Lack of data for targeting oversight and enforcement activities.
Just as a lack of data precludes knowing the extent of compliance
with the ADA, it also restricts federal agencies' oversight and
enforcement efforts. One exception that demonstrates the advantage
of using such information is the Federal Transit Administration,
which identifies and targets higher risk public transit providers
using complaint data and results of reviews it conducts regularly.
The Federal Transit Administration also focuses its ADA compliance
reviews on areas it has identified through data analysis and
experience as problematic, such as whether transit providers are
following requirements for vehicle lifts. Other federal agencies
lack such data, although the Federal Railroad Administration and
Federal Motor Carrier Safety Administration collect and use data
to target non-ADA safety oversight and enforcement efforts.
Without the necessary information on the extent of compliance,
agencies are not able to target their enforcement efforts where
most needed or to evaluate the effectiveness of their efforts.
^14For the purposes of this report, ADA regulations refer to regulations
promulgated under the ADA as well as Section 504 of the Rehabilitation
Act.
o Lack of useful enforcement options. Officials of DOT modal
administrations said they rarely use available enforcement options
because the options are too drastic or lengthy to bring about
compliance. For example, Federal Transit Administration officials
said while they have the authority to withhold grant funds from a
public transit system for ADA violations, doing so is a lengthy
and complex process that would not be undertaken lightly because
it could affect the entire transit system and the mobility of all
riders, including those with disabilities. DOT also has the option
to refer cases to DOJ for investigation, but has used this option
twice to date. There are many steps that DOT must undertake before
it can refer a case to DOJ and many conflicts are resolved
informally before they are referred. DOT officials told us that
other options, such as the authority to levy civil penalties
similar to the authority DOT has under the Air Carrier Access Act,
would be useful. They said such authority would provide a more
focused tool for enforcing ADA compliance than withholding program
funds, and the resulting penalties could be used to improve
accessibility. DOT already has this ability with regard to air
carriers and, between 2000 and 2006, DOT assessed approximately
$8.4 million in penalties. DOT provided incentives for airlines to
offset the majority of the penalties by improving accessibility,
such as increasing the number of wheelchair-assistance personnel
at airports.
Federal entities--including DOJ, DOT, and the Access
Board--provide a variety of technical assistance, including
federal regulations and guidance, to help entities comply with the
ADA, but gaps in regulations and guidance exist, creating
uncertainty at the state and local levels. Sources for federal
assistance include Web sites and toll-free assistance lines.
Public transportation providers and states and localities that we
interviewed said that, in many respects, this technical assistance
was helpful. However, they identified gaps in guidance available
to address certain issues in public transportation and public
rights-of-way, such as how to accommodate mobility devices that
can be too heavy or large for transit vehicle lifts and how to
plan for and design accessible public rights-of-way. For example,
ADA regulations require state and local governments to develop
transition plans that inventory the accessibility of their public
rights-of-way, including curb ramps, and identify corrective
actions. Some officials we interviewed from state and local
governments were unsure about how to create a transition plan or
when to update the plan they had developed. Federal guidance on
the content and required updates of these plans is limited--for
instance, a state transportation official explained that federal
guidance did not clearly define what data should be collected for
ADA transition plans. Thus, state and local government officials
are confused about how to develop the plans. According to DOJ
officials, the majority of localities they have reviewed have not
yet developed transition plans. Without such plans, state and
local governments lack a systematic method of identifying areas of
noncompliance, hindering accessibility of public rights-of-way,
and leaving themselves open to private lawsuits and possible
federal enforcement action, as well as limiting the potential for
collecting compliance data. Furthermore, the Access Board has not
finalized its draft guidelines that would provide specific
technical standards and definitions for installing public
rights-of-way, and could not provide a date by which those draft
guidelines would be finalized. Various studies and advocacy and
industry groups cited the lack of final specialized standards for
public rights-of-way as an obstacle to accessible transportation
for individuals with disabilities because the draft standards are
not enforceable. According to industry group officials with whom
we spoke, states and localities may not be willing to invest in
accessibility improvements for public rights-of-way that go beyond
current regulations since draft standards would likely change.
We are making several recommendations to DOT, its modal
administrations, and Amtrak. These recommendations are designed to
improve DOT's knowledge of the status of ADA compliance, obtain
additional data needed to oversee ADA implementation, clarify and
streamline DOT's process for withholding grant funds for ADA
violations, and increase coordination and communication between
DOJ and DOT modal administrations. In addition, we are
recommending that DOT develop a legislative proposal that would
give DOT the authority to impose civil penalties in instances of
noncompliance. This would provide DOT with more options for
overseeing and enforcing the ADA and help ensure that
accessibility is a higher priority for public and private surface
transportation providers and local governments.
DOT, DOJ, the Access Board, and Amtrak reviewed a draft of this
report. DOT officials agreed with our findings and conclusions and
agreed to consider our recommendations. DOJ officials agreed with
the report's findings, conclusions, and recommendations. The
Access Board agreed with our findings. Amtrak officials stated
that they have made strides in increasing accessibility of their
trains and the stations that they and others own; however, they
expressed concerns about the design of train platforms in the
future because DOT is proposing regulations that Amtrak officials
think freight railroads are unlikely to accept and that could be
very costly to implement, especially over a short period of time.
Thus, they believe that our recommendations that DOT clarify and
develop more targeted oversight and enforcement actions will be
ineffective for them without more funding and clearer federal
requirements. Finally, DOT, DOJ, and Amtrak provided technical
comments that we incorporated throughout the report as
appropriate.
Background
To help ensure that surface transportation--including public
rights-of-way--is accessible, the ADA includes specific provisions
for public entities (in Title II) and private entities (in Title
III) for providing accessible transportation.
Transportation-related requirements in the ADA and associated
regulations vary by mode.^15 In general, however, new vehicles
that were purchased or leased after August 1990, and buildings or
facilities that are constructed or altered after August 1990, must
be accessible. Other requirements include the following:
o Transit authorities must provide comparable paratransit services
to those individuals who are unable to use fixed-route bus or rail
services because of a disability.^16 These services are typically
provided using wheelchair-accessible vans, small buses, or taxis.
o Existing intercity rail (Amtrak), commuter rail, light rail, and
rapid rail systems were to have at least one accessible car per
train as of July 26, 1995.
^15Airlines are not covered under the ADA; rather, they are governed by
the Air Carrier Access Act of 1986. Passenger vessels (such as cruise
ships) are covered under the ADA, but there are currently no federal
standards specific to ships. The Access Board is in the process of
developing guidelines for passenger vessels, and DOT issued a notice of
proposed rulemaking in January 2007 to amend its ADA regulations to
include operating requirements for passenger vessels.
^16If a transit agency can demonstrate that providing ADA-complementary
paratransit would impose an undue financial burden, DOT can provide a
partial, temporary waiver until DOT determines that full compliance is
possible.
o Existing "key stations"^17 in rapid rail, commuter rail, and
light rail systems were to have been made accessible by 1993
unless certain extensions permitted by law were granted.
o Most existing stations currently served by Amtrak must be
accessible by July 26, 2010.^18
o Commercial bus companies must provide an accessible bus with
48-hour notice, among other things.
o Entities such as hotels that generally offer transportation
(shuttle service to the airport, for instance) must provide
equivalent transportation services for people with disabilities.
o For public rights-of-way, all projects for new construction that
provide pedestrian facilities must incorporate accessible
pedestrian features. Projects altering the usability of the
roadway must also incorporate accessible pedestrian improvements.
Figure 1 shows examples of some of these accessible transportation
features.
^17DOT's regulations state that each public entity is to determine which
stations on its rail system are key stations, taking into consideration
the following criteria: (1) stations where passenger boardings exceed
average station passenger boardings on the rail system by at least 15
percent, unless such a station is close to another accessible station; (2)
transfer stations on a rail line or between rail lines; (3) major
interchange points with other transportation modes, including stations
connecting with major parking facilities, bus terminals, intercity or
commuter rail stations, passenger vessel terminals, or airports; (4) end
stations, unless an end station is close to another accessible station;
and (5) stations serving major activity centers, such as employment or
government centers, institutions of higher education, hospitals or other
major health care facilities, or other facilities that are major
destinations for individuals with disabilities.
^18Amtrak serves 525 stations, 479 of which must be accessible. Those that
are not required to be accessible include 9 stations in Canada, 25 "flag
stops" (at which Amtrak only stops on passengers' request), and 12
stations for which service was suspended after Hurricane Katrina.
Figure 1: Examples of Accessible Transportation Features
A number of federal agencies have a role in implementing, overseeing, and
enforcing the ADA's surface transportation requirements. We will discuss
them in more detail later in this report, but their general roles and
responsibilities are as follows:
o The Access Board is an independent federal agency devoted to
accessibility for people with disabilities.^19 The board develops
and maintains design criteria for facilities and transit vehicles
(these design criteria are not enforceable until implemented in
DOJ or DOT regulations). It also provides technical assistance and
training on these requirements and on accessible design.
o DOJ has responsibility for publishing federal regulations
governing access to public and commercial services. DOJ also has
responsibility for investigating alleged ADA violations by private
entities, including transportation providers, and conducting
compliance reviews. DOJ refers allegations of ADA violations by
public transportation entities to DOT for investigation. DOJ also
may commence civil action in U.S. district court under certain
circumstances.
^19The board is structured to function as a coordinating body among federal
agencies and to directly represent the public, particularly people with
disabilities. It is composed of officials from most of the federal
departments as well as members of the public appointed by the President, a
majority of whom must have a disability.
o DOT is responsible for publishing federal regulations for
carrying out the transportation provisions of the ADA. Offices
within DOT have the following responsibilities:
o Office of the Secretary of Transportation (OST)
promulgated DOT's regulations for the ADA and Section
504 of the Rehabilitation Act. OST also coordinates
and approves DOT guidance and interpretation for
transportation accessibility. For example, OST issued
a Notice of Proposed Rulemaking (NPRM) in February
2006 in which it proposed changes to ADA regulations,
including revising commuter and intercity rail
station platform requirements and clarifying public
transit providers' responsibilities to modify their
services when needed to ensure program accessibility.
OST also sought comment on how to accommodate changes
in mobility devices used by individuals with
disabilities, among other things.
o Federal Highway Administration (FHWA) is
responsible for implementation of program access to
individuals with disabilities by state departments of
transportation and other FHWA aid recipients,
including pedestrian rights-of-way access
requirements from the ADA.
o Federal Motor Carrier Safety Administration (FMCSA)
informs commercial bus companies of their ADA
responsibilities and collects data on ADA compliance.
o Federal Railroad Administration (FRA) is
responsible for overseeing federal grants to Amtrak,
including ADA provisions.
o Federal Transit Administration (FTA) is responsible
for overseeing federal grants for public
transportation,^20 which includes compliance with ADA
requirements for public transportation systems,
including ADA-complementary paratransit.
Two other agencies--one inside DOT, the other outside--also have
roles in ADA compliance. The National Highway Traffic Safety
Administration (NHTSA), within DOT, establishes federal motor
vehicle safety standards for platform lifts and vehicles equipped
with platform lifts (including commercial buses and public
transportation vehicles). NHTSA is also responsible for ADA
compliance of state motor vehicle agencies that receive federal
funds. In addition, the National Council on Disability (NCD), an
independent federal agency, gathers information about the
implementation, effectiveness, and impact of the ADA. NCD also
reviews and evaluates federal policies, programs, practices, and
procedures concerning people with disabilities, and all statutes
and regulations pertaining to federal programs that assist people
with disabilities, to assess their effectiveness in meeting those
needs.^21
^20Public transportation includes fixed-route bus service (e.g., buses
operating according to a regular schedule along a prescribed route with
designated bus stops), demand-responsive bus service (e.g., vehicles
operating in response to calls from passengers), heavy rail (e.g.,
subways), commuter rail (provide service from outlying suburbs or small
cities to a central downtown area), light rail (e.g., streetcars or
trolleys), and automated guideway (guided, fully automated vehicle), among
other modes.
^21For example, NCD has issued several reports on transportation
accessibility that include recommendations to DOJ and DOT, among others.
Several major interest groups and industry associations also play
a role. For example, the Disability Rights Education and Defense
Fund provides ADA-related training, technical assistance, and
legal services, and advocates on behalf of people with
disabilities. Also, the American Public Transportation Association
has an Access Committee designed to promote successful
implementation of the transportation provisions of the ADA by
facilitating information sharing and monitoring and reporting to
its members on the status of pending litigation, among other
activities.
A number of reports by national organizations indicate that
transportation accessibility has improved since Congress passed
the ADA. For example, NCD reported that the ADA has resulted in a
significant expansion of lift- and ramp-equipped buses, more
accessible fare collection technology, and increased availability
of formats for disseminating accessible information. Because of
increased regulation, vehicles are of higher quality, and travel
has become more efficient.^22 However, disability advocates have
said (and many federal agencies and industry associations agree)
that there are still problems. In a 2002 survey conducted by DOT's
Bureau of Transportation Statistics, a greater percentage of
people with disabilities reported having problems with several
modes of transportation as compared with people without
disabilities (see fig. 2).^23 Complaints and lawsuits, among other
sources of information, indicate accessibility problems persist.
DOJ has referred more than 500 ADA-related surface transportation
complaints to DOT since 2000 and is investigating 36 additional
cases, as of July 2007, according to DOJ officials. Also,
additional complaints go directly to DOT. Finally, private parties
have filed numerous lawsuits alleging violations of surface
transportation and public rights-of-way accessibility
requirements.
^22NCD, Current State of Transportation.
^23Bureau of Transportation Statistics, Freedom to Travel.
Figure 2: Percentage of People Reporting Problems with
Transportation and Public Rights-of-Way, by Mode and Disability
Status in 2002
Providing accessible transportation and public rights-of-way can
be expensive, especially if an entity has to modify existing
structures or purchase new equipment. Congress recognized this and
phased in many of the requirements over time. Unlike other
situations in which Congress identifies transportation priorities
and provides grants or other funding sources to help entities
address those priorities, there are few funds that are
specifically targeted for ADA compliance. The ADA is a civil
rights law, not a transportation program; however, many federal
transportation funding sources can be used to comply with ADA
requirements. (See app. I for more information on these sources.)
Extent of ADA Compliance for Surface Transportation and Public
Rights-of-Way Is Largely Unknown Because Little Reliable Information
Is Available
Other than for public transit, the extent of compliance with the
ADA's requirements for surface transportation and public
rights-of-way is unknown because little reliable information is
available, although there are indications that accessibility is
improving. DOT collects some accessibility data from urban public
transit agencies and helped fund several surveys to determine
certain accessibility information for rural and specialized
transportation services.^24 Much of the data for other modes,
however, are either unreliable or still being developed.
Some Data Are Available on the Percent of Accessible Vehicles and
Stations
For public transit, data are available on the percent of vehicles
and stations that are wheelchair accessible in urban areas. DOT
reports that accessibility in the urban transit vehicle fleet is
increasing as new, accessible vehicles are replacing older ones,
since the ADA requires that all new or refurbished transit
vehicles be accessible. In 1989, before passage of the ADA, 36
percent of public transit buses in the United States were
accessible.^25 By 2005, 97 percent were lift- or ramp-equipped,
according to FTA's National Transit Database.^26 However,
accessibility varies significantly by mode of transportation. For
example, only 51 percent of commuter railcars were accessible in
2005. ADA regulations do not require that transportation providers
make all railcars accessible immediately; rather, that they make
the fleet accessible over time as they purchase or lease new cars,
and that they provide at least one accessible car per train.
According to FTA officials, transit buses are more likely to be
accessible than railcars because, on average, railcars have a
longer life span. For example, buses are replaced about every 10
to 15 years, while according to Amtrak officials, railcars are
planned for replacement after 30 to 40 years but may last over 50
years under certain circumstances. The ADA also requires that new
transit facilities (including stations) and alterations to
existing facilities comply with federal accessibility standards,
and FTA has tracked this since 2002. By 2005, FTA's National
Transit Database reflected that transit agencies reported that 71
percent of total transit stations were ADA-compliant.
^24Special service transportation includes vehicles that are used to
provide service to seniors and persons with disabilities and receive
funding through an FTA-administered formula grant to states. Special
service vehicle funding is directed toward private nonprofit organizations
(such as religious organizations, senior centers, and rehabilitation
centers), although in certain cases specified by law, a public agency may
be approved as a grantee.
^25NCD, Current State of Transportation.
^26FTA officials noted that data in the National Transit Database are self
reported and FTA officials do not verify the data. Also, the database does
not capture whether the lifts are operational.
Also, while limited, some dated estimates of accessibility in
rural areas and for special service transportation exist. In a
survey conducted by the Community Transportation Association of
America in 2000, an estimated 60 percent of the transit fleet in
rural areas was lift- or ramp-equipped, as compared with 40
percent in 1994. Also, in 2002, approximately 37,700 special
service vehicles were used by approximately 4,800 special service
providers including religious organizations, senior centers,
rehabilitation centers, and other private and nonprofit
organizations to transport seniors and persons with disabilities.
The majority of the special service providers were located in
rural areas. Of the special service vehicles purchased in 2002,
about 76 percent were accessible (approximately 28,700
vehicles).^27
Although available data indicate increasing accessibility of
transit vehicles, requirements in ADA regulations extend beyond
having lift- and ramp-equipped vehicles. Other requirements
include properly maintaining the vehicle lifts and ramps and
announcing transit stops. According to an FTA official, there are
no national data on compliance with these two requirements,
although FTA's periodic compliance reviews provide the agency with
some information about the state of compliance. We heard from a
number of federal agencies and local and national disability
groups that these areas continue to be a problem for transit
agencies, making it difficult for individuals with disabilities to
access the public transit system.
FTA also maintains data on key rail stations, which were required
by the ADA to be fully accessible by 1993 (with extensions
permitted through July 2020 for extraordinarily expensive
structural changes^28). According to FTA, as of June 2007, of the
687 key rail stations identified in transit systems nationwide,
321 were found to be fully compliant with ADA requirements, 311
were functionally accessible but not fully compliant, 28 were not
accessible, and 27 were proceeding under approved time extensions.
While the number of ADA-compliant stations is still relatively
low, this is a substantial improvement over the 52 key rail
stations (8 percent) that FTA identified as fully compliant in
2000.^29
^27FHWA and FTA, 2006 Status of the Nation's Highways, Bridges and
Transit: Conditions and Performance (Washington, D.C.: 2007). ADA
regulations require certain types of special service vehicles to be
accessible based on a number of criteria, such as number of passengers.
^28ADA regulations define these as installations of elevators, or
alterations of magnitude and cost similar to installing an elevator or
raising the entire passenger platform (49 C.F.R. S 37.51).
In addition to fixed-route transit, FTA also oversees
ADA-complementary paratransit, which will be discussed in the next
section.
Less Is Known About the Extent of ADA Compliance for Public
Rights-of-Way and Other Transportation Modes
For public rights-of-way and many modes of surface transportation,
such as intercity passenger rail, less is known about ADA
compliance because much of the information is unreliable or still
being developed. DOT and DOJ data indicate that relatively few
individuals file transportation-related ADA complaints with
federal agencies; however, complaints are not a reliable indicator
of compliance.
Intercity Passenger Rail (Amtrak)
For intercity passenger rail service, Amtrak has data on the
accessibility of its railcars but is still developing information
on station accessibility. Amtrak officials indicate that all new
or remanufactured Amtrak equipment is accessible, in accordance
with the ADA. For example, all of the cars on the Acela high-speed
rail service in operation on the Northeast Corridor are accessible
because the cars were manufactured and placed in service in or
around 2000-2001, according to Amtrak officials. As of June 2007,
82 percent of Amtrak's 1,451 passenger cars were fully accessible
to people in wheelchairs. FRA officials said that Amtrak appears
to be on schedule to have all of its passenger cars ADA-compliant
by the end of 2008.
Every train is also required to have a number of wheelchair spaces
(for those who want to sit in their chairs) and accessible seats
(for those who want to store their chairs and sit in a seat) equal
to the number of coaches. For instance, if a train has four
passenger cars it must have at least four wheelchair spaces and
four accessible seats somewhere on that train (but not more than
two in each car).^30 Amtrak has policies and procedures in place
to ensure that these requirements are met. The requirements are
specifically explained in the station master's guidance for each
route and updated every 6 months when schedules change. Amtrak
keeps an internal record of instances when it is unable to meet
the accessibility requirements for each train, due to such things
as mechanical failure.
^29For more information on accessible transit vehicle and station data as
maintained by DOT, see FHWA and FTA's 2006 Conditions and Performance
report.
^30In addition, each individual car that is required to be accessible much
have at least one, but not more than two wheelchair spaces and at least
one, but not more than two accessible seats.
In addition to requirements for accessible cars, the ADA requires
Amtrak to make most of the stations that it serves fully
accessible by July 2010, even if Amtrak does not own the
station.^31 According to Amtrak, transportation personnel check
each station for wheelchair accessibility and report that
information to Amtrak every 6 months for inclusion in Amtrak's
timetable. As of June 2007, 45 percent of the 479 stations that
Amtrak serves were fully accessible to people in wheelchairs. An
additional 31 percent had barrier-free access between the street
or parking lot, station platform, and trains, although individual
facilities (such as restrooms and ticket counters) may not be
accessible. Amtrak officials said that these stations serve 97
percent of passenger boardings and deboardings.
ADA requirements extend beyond wheelchair accessibility, however,
such as requiring accessible telephones and detectable warnings at
platforms.^32 One difficulty that Amtrak cited in making existing
stations accessible is that ADA regulations define "stations" to
include platforms, making it difficult to determine who is
responsible for making and paying for changes when one entity owns
the station building (often a public entity), and another entity
owns the platforms (typically a private entity such as a freight
railroad). Amtrak officials said that this is impeding Amtrak's
overall progress in ensuring that stations are ADA compliant.
Although Amtrak has had 17 years to make its stations accessible,
in its 2008 grant and legislative request, Amtrak said that
insufficient time and funding are likely to prevent full
compliance at all station stops by the required deadline. Amtrak
estimated the cost of compliance for all stations to be
approximately $250 million and requested $50 million in ADA
funding for fiscal year 2008 above its base grant request. In
addition, Amtrak asked Congress for an extension of at least 5
years after promulgation of DOT's final regulations on station
platforms (discussed in the next paragraph) to meet its statutory
obligation on ADA compliance.
^31As footnoted earlier, Amtrak serves 525 stations, 479 of which must be
accessible. The majority of the 479 stations are owned by entities other
than Amtrak, including freight railroads and local government entities.
^32Detectable warnings are walking surfaces that are primarily intended to
provide a tactile cue to pedestrians who are visually impaired. They are
installed at locations such as the edge of a train platform or at the
transition between the sidewalk and the street to warn pedestrians of the
potential hazard that lies ahead.
Amtrak officials say that they requested the extension in part
because DOT issued an NPRM in February 2006 that would raise the
required height for certain new intercity passenger and commuter
rail station platforms to eliminate the need for wheelchair lifts.
DOT plans to finalize this rule by early 2008 and has received a
significant number of comments on it. Amtrak officials said that,
if DOT finalizes the regulation in its current form, implementing
the rule would take significant additional cost (potentially more
than twice as much as it would cost without the proposed rule) and
time to comply. In addition, Amtrak officials expressed concern
that if the cost of complying with that regulation becomes too
high, Amtrak may have to eliminate service at certain smaller
stations rather than make those stations fully accessible. The
officials also expect to receive complaints from freight railroads
that the elevated platforms would interfere with their freight
railcars that run on the same tracks as Amtrak. On the other hand,
DOT officials believe the cost differential between the current
requirements and the additional proposed requirements is
negligible for many of the Amtrak stations to which these proposed
requirements would apply. Moreover, FRA officials believe that
conflicts with freight traffic are likely to be minimal and that
there are well known and moderately priced techniques that can
mitigate conflicts that occur. Further, the other station
accessibility requirements--such as for restrooms, parking,
signage, and curb ramps--have not changed since 1991, and DOT
officials said that their proposed regulations should not be at
fault for any delay or other problems Amtrak may face in
addressing ADA requirements.^33
In part due to Amtrak's slow progress in implementing the ADA,
FRA's grant agreements for fiscal years 2006 and 2007 required
Amtrak to assess the accessibility of the stations that it serves,
identify the steps needed to make them accessible, and report to
FRA by September 2006 and May 2007 on its status. Amtrak is in the
process of surveying intercity passenger rail stations to
determine their accessibility and has hired a contractor to help
in this effort, but the study has not been completed to date,
limiting the available information on ADA compliance. Of the 479
stations that are required to be fully accessible, Amtrak had
assessed 371 (77 percent) by June 2007 and expects to have the
remaining assessments completed by December 2008, according to an
Amtrak official. Amtrak reported some preliminary findings in a
briefing to its board of directors in June 2007; however, the
briefing did not include specific, station-by-station information
on accessibility, the estimated cost to bring each station into
compliance, or a schedule for achieving full compliance. An Amtrak
official said that Amtrak cannot determine the cost or time frame
for achieving compliance without knowing whether DOT's proposed
requirements for rail platforms will be finalized or whether
Congress will appropriate additional funds. Additionally, ADA
regulations require that DOT periodically conduct reviews of
Amtrak's compliance with ADA requirements. FRA does not conduct
such reviews, further limiting the availability of data on
Amtrak's ADA compliance.^34
^33Amtrak officials noted that changes to platform requirements could also
affect certain aspects of the station building, such as station egress.
^34Although it does not conduct compliance reviews, FRA does have other
oversight activities that will be discussed in the next section.
Commercial Bus
There are limited data available on ADA compliance among
commercial bus companies. ADA regulations require all commercial
bus companies to provide accessible service within 48 hours of a
request--either using the company's own buses or contracting
services from another company. Large, fixed-route companies^35
must also purchase lift-equipped buses when acquiring new vehicles
and were to have 50 percent of their vehicle fleets accessible by
2006 and to have 100 percent of the fleets accessible by 2012.^36
DOT regulations require commercial bus companies to report to
FMCSA annually on the number of their accessible vehicles,
requests for accessible service, and their ability to meet those
requests. FMCSA includes information about this reporting
requirement on its Web site and sent letters and e-mails to all
registered companies starting in 2004, reminding them of their
obligations. The two major industry associations also urged their
members to respond to FMCSA's data request. However, 13 percent of
companies reported this required data in 2006, compared with 21
percent in 2005 and 16 percent in 2004, and FMCSA does not have
the authority to fine companies for failure to comply with these
reporting requirements. FMCSA also does not verify the reliability
of the commercial bus companies' self-reported data before
forwarding the data to DOJ.
^35Fixed-route service is where vehicles run on regular, scheduled routes,
without variation. Fixed-route services typically use printed schedules or
timetables and designated bus stops where passengers board and get off the
vehicle. Under DOT's regulatory definition, a large commercial bus company
has gross annual transportation revenue equal to or exceeding $7.7
million.
^36There are different requirements for small fixed-route operators,
demand-response operators, and small operators that provide both
fixed-route and demand-response service.
Furthermore, DOT's regulations stated that DOT would analyze data
on demand-response^37 commercial bus companies by October 2006 to
determine the extent of ADA compliance and evaluate whether the
agency's regulations should be revised. DOT was to also conduct a
similar study for fixed-route commercial buses by October 2007.
Neither study has been completed to date. After an internal
disagreement within DOT about which agency is responsible for
conducting these studies, officials from DOT's OST and FMCSA
recently decided--in response to our preliminary findings--to work
jointly to produce these reports, with participation from FTA and
other DOT modal administrations. According to DOT, its General
Counsel's office will meet with key officials from FMCSA and other
concerned DOT organizations to finalize plans for completing the
study. DOT expects to issue its results during the first quarter
of calendar year 2008. In the meantime, however, the status of
compliance of commercial bus companies is unknown.
According to agency officials, FMCSA has received two ADA-related
complaints regarding commercial bus passenger service since
2001,^38 and DOJ has received relatively few complaints about the
accessibility of commercial buses. However, FMCSA identified
several possible ADA violations among small commercial bus
companies during compliance reviews and forwarded that information
to DOJ for possible investigation. Furthermore, despite the small
number of complaints to federal agencies, reports in the media and
several recent and ongoing court cases indicate that there may be
compliance issues among some commercial bus companies. For
example, in November 2006, Peter Pan Bus Lines brought suit
against FMCSA with the allegation that the modal administration
had not ensured that another commercial bus company was complying
with the ADA.^39 Little is known about compliance by small
charter-tour companies, but according to DOT officials, they have
limited anecdotal evidence suggesting that many such companies are
unaware of ADA rules or do not comply with them.
^37For the purposes of commercial bus service, demand-response service
includes many charter and tour bus operations.
^38FMCSA has received other ADA-related complaints, but many of these
involve disability-related commercial driver's licensing issues rather
than bus service.
^39We will discuss this case in more detail in the next section. See Peter
Pan Bus Lines, Inc. and Bonanza Acquisition, LLC, v. Federal Motor Carrier
Safety Administration, 471 F. 3rd 1350 (D.C. Cir. 2006).
Public Rights-of-Way
There are no national data on the accessibility of public
rights-of-way, in part because there are no requirements for
either FHWA or DOJ to collect such information, although
individual localities may collect this information. The ADA does
not require localities to retrofit existing public rights-of-way
(such as curb ramps) to make them accessible, unless deemed
necessary to ensure public access to programs or
services--including state and local government offices, places of
public accommodation, places of employment, and transportation,
among other things. However, after January 26, 1992, any new
construction, alteration, or renovation (including road
resurfacing) must comply with DOJ regulations. Many localities are
also required to inventory the accessibility of public
rights-of-way under their jurisdiction as part of developing an
ADA-required transition plan for improving that accessibility.
Many of the national and local disability advocacy groups we spoke
with, however, said that access to public rights-of-way is still a
major barrier to the mobility of people with disabilities. For
example, a local disability advocacy group cited several recent
examples in which a locality had a major construction project in
the downtown area where the renovated sidewalks and medians did
not include curb ramps and were inaccessible (see fig. 3). Some
groups added that inaccessible routes to bus stops also hinder
access to public transit.
Figure 3: Inaccessible Sidewalks and Medians in a Downtown Area
Note: These images were taken in March 2007 of a recent
construction project in a downtown area where a median was
installed in the main street, but curb ramps were not installed in
the median to make the crosswalk accessible. Also, curb ramps were
not installed for existing sidewalks. A local disability advocacy
group told us that the new construction project was also in front
of a polling place.
Also, we heard from local officials that, in some instances, curb
ramps have been installed, but are not fully compliant with
federal regulations. For example, officials from one major urban
area said that although the locality installed curb ramps, the
ramps are too steep and are not well maintained. One difficulty is
in determining who is responsible for making rights-of-way
accessible. For example, providing access to bus stops can require
coordination among the public transit provider, the local
government office that oversees the street, and the local
government office that oversees the sidewalk.
FHWA officials agreed that no data are available on the status of
compliance with public rights-of-way. However, they have started
to visit states to determine if they have transition plans or
plans to meet accessibility obligations using DOJ guidance as a
tool.^40 While this will not provide data on actual accessibility,
it should provide information on whether or not a state has a plan
to meet accessibility requirements.
Private Transportation (Other Than Commercial Bus)
There are also no data at the national level on the accessibility
of private transportation--including taxi and limousine
service--because there are no requirements to collect this
information. Available anecdotal information suggests some
successes in improving access to private transportation, including
rental car shuttles and hotel shuttles, but the lack of national
data precludes determining the extent of accessibility among
various private transportation providers. The ADA does not impose
any fleet accessibility requirements for private providers and
does not require that most individual vehicles (e.g., taxis) be
accessible. Under ADA regulations, however, private providers must
accommodate service animals (such as guide dogs) and may not
discriminate against people with disabilities or charge them a
premium for accessible service. Several private companies and
trade associations told us that providers may choose not to
purchase accessible vehicles because the economic benefits do not
outweigh the additional overhead cost and maintenance expenses.
Complementary Paratransit
According to an official from FTA, there are no data at the
national level to accurately measure how well entities are
complying with the requirements under the ADA to provide
complementary paratransit service to individuals with disabilities
who are unable to use the fixed-route system. Individual
transportation providers collect information on the number of
paratransit rides provided and report these data to FTA, but the
number of rides is not a good measure for determining ADA
compliance because the data do not indicate whether transportation
providers are granting rides in all eligible circumstances or
whether response times are comparable to fixed-route service, for
example. Likewise, FTA collects data on the number of
demand-response trips--that is, trips in which vehicles respond to
passenger requests for service. While ADA-complementary
paratransit trips constitute the majority of such trips, the FTA
official said the two types of data are not interchangeable and
cannot be used to determine the extent of compliance with
paratransit requirements under the ADA. FTA officials noted that,
while they do not have nationwide data on compliance with the
requirement for ADA-complementary paratransit service, FTA does
have standards that systems are expected to meet. FTA also has
knowledge about the compliance of individual systems that it has
reviewed or investigated. According to FTA officials, ADA
compliance rates are subsequently high among the paratransit
systems that they have reviewed.
^40This guidance is in the form of a tool kit, "ADA Best Practices Toolkit
for State and Local Governments," which has a chapter on curb ramps and
pedestrian crossings.
Paratransit ridership has increased since the ADA, and although
more individuals with disabilities are being served, anecdotal
evidence suggests compliance with some ADA regulations is still a
problem. For example, according to Easter Seals Project ACTION and
a 2005 National Council on Disability report, some paratransit
providers deny rides to people who may be eligible under the law
or fail to provide rides to eligible individuals in response to
requests made the previous day, as required by federal regulation.
Transit agencies also struggle to balance providing complementary
paratransit service with the increased cost of accommodating a
growing ridership.
Complaint Data
DOT and DOJ data indicate that relatively few individuals file
transportation-related ADA complaints with federal agencies.
Examples of this data are as follows:
o In 2005, the most recent year for which complete data were
available, FTA received 124 ADA-related complaints,^41 FRA
received 22, and FHWA received 22.
o DOJ forwarded 112 transportation-related ADA complaints to DOT
in 2005. According to DOT officials, many of these are included in
the totals listed above.
o FMCSA has received at least two ADA-related complaints regarding
commercial bus passenger service since 2001.^42
A relatively low number of federal complaints may not indicate a
high level of compliance with regulations. For example, in another
civil rights area, fair housing, the Department of Housing and
Urban Development conducted several studies of discrimination
against individuals looking for housing. Their findings indicated
that discrimination occurred at higher rates than the number of
complaints would indicate; one study showed that only 1 percent of
individuals who believed they had experienced housing
discrimination reported the discrimination to a government
agency.^43 We heard from a number of local and national disability
groups that most transportation users are not aware they can file
a complaint at the federal level.
^41According to FTA, of the 124 complaints that it received, 95 were
handled informally and 29 required formal investigation.
^42FMCSA has one official who is responsible for processing complaints and
forwarding them to DOJ for possible investigation; however, we found one
instance in which another division within FMCSA had received an
ADA-related complaint and independently forwarded it to DOJ.
Federal Agencies Conduct Oversight and Enforcement Activities
but Face Difficulties in Ensuring Compliance with the ADA
DOJ and DOT, which share responsibility for ADA oversight and
enforcement,^44 face three main difficulties in ensuring
compliance with the ADA. First, there are uneven levels of
oversight and enforcement among the DOT modal administrations,
leading to gaps for some transportation modes. Second, the same
lack of data that precludes a clear understanding of the extent of
compliance also prevents agencies from targeting oversight and
enforcement activities and evaluating the effectiveness of these
efforts. Third, DOT officials indicate their enforcement options
are of limited use, which suggests a need for additional options.
In a number of instances, compliance has not come through federal
agency enforcement but through private citizens filing lawsuits
and negotiating settlements.
Unevenness in Agencies' Oversight Framework and Coordination Leads
to Gaps in Oversight and Enforcement of Some Modes
The ADA divides oversight and enforcement authority between DOJ
and DOT, but there are differences depending on the type of
transportation. Although some agencies have a framework in place
that allows comprehensive oversight, the lack of such a framework
in other agencies and the manner in which responsibility is shared
results in gaps in oversight and enforcement for intercity
passenger rail and commercial bus and to possible duplication of
effort for public rights-of-way. For public transit, DOJ and FTA
have used formal means to clarify responsibilities and ensure
coordinated and consistent oversight and enforcement.
^43U.S. Department of Housing and Urban Development, The Office of Fair
Housing and Equal Opportunity, Fiscal Year 2006 Annual Report on Fair
Housing, (Washington, D.C.: Mar. 29, 2007).
^44For the purposes of this report, oversight includes administrative
efforts such as investigating complaints and conducting compliance
reviews. Enforcement includes taking legal action such as filing lawsuits
and reaching settlement agreements.
Federal Agencies' Role in Oversight and Enforcement of Surface
Transportation Accessibility Requirements Differs by Mode
Under the ADA, responsibility for oversight and enforcement rests
partly with DOT and partly with DOJ. In general, DOJ issues
regulations that govern public rights-of-way and oversees and
enforces compliance with those regulations and has enforcement
authority over public and private transportation providers. DOT
issues regulations that govern both public and private
transportation providers and oversees public compliance with those
regulations.^45 Under the regulations issued by both agencies, DOJ
and DOT have authority to receive and investigate complaints of
discrimination and to perform compliance reviews. In addition,
DOT's modal authorities--primarily FTA, FHWA, and FRA--distribute
federal grant money to many of the entities they oversee. Any
recipient of federal financial assistance from DOT must certify
that it is in compliance with applicable federal laws, including
the ADA.
DOJ, FTA, and FHWA Have an Oversight and Enforcement Framework
in Place
DOJ, FTA, and FHWA have established an oversight and enforcement
framework that includes investigating complaints and performing
various types of reviews to identify noncompliance with
regulations. For example, in response to a complaint, DOJ
investigated a taxi company for refusing to provide a ride to a
person who is blind and uses a guide dog. DOJ entered into a
settlement agreement with the taxi company, which agreed to
provide ADA training to all its current and future drivers and
dispatchers. In another example, DOJ negotiated settlement
agreements with six taxi service providers to eliminate surcharges
or bans on travelers with service animals or wheelchairs. DOJ
officials told us that because they receive few
transportation-related complaints regarding private entities, and
they consider transportation to be a high-priority area, DOJ
investigates almost all transportation-related complaints that
appear to state a violation.^46 FTA and FHWA also have a record of
receiving and investigating complaints. In one instance,
complaints in one state regarding the installation of accessible
pedestrian signals triggered FHWA to work with the state highway
office to draft a plan to address pedestrian accessibility issues.
^45DOJ and DOT share responsibility for some areas. For example, public
accommodations that are not primarily in the business of transporting
people but that provide transportation (such as hotels or shopping centers
that provide shuttle service) must comply with DOJ's regulations as well
as with DOT's regulations for transportation vehicles and systems. In
another example, DOT and DOJ share responsibility for facility access
regulations. DOT has issued accessibility standards for access to
facilities used in public transit (such as subway stations), while DOJ's
barrier removal requirements apply to facilities used in certain private
transportation.
^46DOJ forwards all transportation-related complaints pertaining to public
entities to DOT for investigation.
Similarly, these agencies conduct reviews to determine compliance
with their respective regulations. Following are examples of some
of these reviews:
o In one such effort, DOJ initiated a program called Project Civic
Access that, as of June 2007, had included reviews of 143
localities' compliance with accessibility requirements, in some
cases including public rights-of-way. DOJ selects the entity to be
reviewed based on a number of criteria, including complaints,
relative population of people with disabilities, and geographic
diversity. These reviews usually result in a formal agreement
between DOJ and the entity, which includes specific steps to be
taken to come into compliance and a time line for completion. For
example, DOJ conducted a review of the City of Omaha, Nebraska,
and, based on the results of the review, entered into an agreement
whereby the city agreed to provide, over a 9-year period, curb
ramps at all intersections that had been built or modified since
the effective date of the ADA.
o FTA conducts at least two different types of oversight reviews
of recipients of its grant programs and, in cases where it
identifies noncompliance, works with the audited entities to
ensure they comply. These oversight reviews include periodic
comprehensive reviews of all grant recipients (such as statutorily
required triennial reviews and state management reviews) and
discretionary targeted ADA compliance reviews. The latter category
are usually focused on one of the following discrete areas:
ADA-complementary paratransit service; fixed-route bus lift or
ramp maintenance and reliability; fixed-route bus stop
announcements and route identification; rail stop announcements
and route identification; or key, new, or renovated rail station
compliance. For example, FTA found in the course of a compliance
review that one local agency was improperly denying
ADA-complementary paratransit service to some individuals who
should be eligible under the ADA. The agency made several changes
to its eligibility determination process in response to FTA's
recommendations.
o FHWA conducts three types of reviews of state transportation
agencies--process reviews, program reviews, and compliance
reviews--each of which can focus on ADA-related issues. For
example, FHWA conducts a compliance review to determine whether a
state transportation agency is properly fulfilling its legal or
regulatory responsibilities when it receives a complaint or other
indication that a state may not be in compliance with the ADA. The
review would determine whether the state is installing curb ramps
in pedestrian facilities that are constructed with federal funds
or when roads with pedestrian crossings are newly constructed or
altered.
FRA and FMCSA Do Not Have a Framework for Clarifying and
Establishing Their Oversight Role
The two other modal administrations, FRA and FMCSA, have taken
much more limited roles and do not have a framework for conducting
ADA oversight. FRA does not have authority over Amtrak's
day-to-day customer service, but Amtrak is defined by law as a
public entity for ADA purposes and is, therefore, subject to DOT's
regulatory enforcement provisions. ADA regulations require DOT to
conduct investigations and initiate compliance procedures.^47 FRA
does not conduct any reviews that assess Amtrak's compliance with
ADA regulations, although FRA is monitoring Amtrak's progress in
assessing station accessibility. FRA officials also told us that
they plan to conduct reviews of Amtrak's service delivery to
riders with disabilities in the future. FRA officials said that
when they receive ADA-related complaints about Amtrak, the first
step in the investigation is to forward the complaint to Amtrak
for its review, investigation, and possible settlement. FRA
officials said they do not have sufficient resources to
investigate all complaints themselves. They said that they review
Amtrak's proposed resolution including, in many cases, contacting
the complainant to determine if he or she is satisfied with the
outcome. In a few instances, FRA did not agree with Amtrak's
proposed resolution or determined that a complaint reflected an
area of broad significance and intervened. In those instances, FRA
further investigated the complaint and had Amtrak sign agreements
with FRA describing steps Amtrak will take to prevent future
discrimination.
FRA officials described other ways in which the agency provides
ADA-related oversight of Amtrak besides reviewing complaints or
conducting compliance reviews. For example, FRA provides oversight
through administration of Amtrak's grant agreements, as previously
discussed. In addition, FRA reviews and approves the plans or
designs for certain new passenger cars and station platforms, upon
referral by Amtrak. FRA officials have physically inspected new or
soon-to-be renovated stations to give technical advice on how to
assure compliance, according to FRA. Nevertheless, without FRA
conducting direct oversight, Amtrak is largely responsible for
ensuring its own compliance with the ADA.
FMCSA's role is also limited: FMCSA officials told us that they
have the authority to conduct oversight of ADA compliance by
commercial buses but do not do so because of competing priorities
for their oversight resources, such as safety issues. In addition,
FMCSA has asserted that it does not have the authority to withhold
or revoke a bus company's operating authority on the basis of
noncompliance with the ADA, although this position has been
disputed in court, which reversed FMCSA's decision and directed
FMCSA to reexamine the statute.^48 FMCSA officials told us that
they forward any complaints to DOJ because they do not have
enforcement authority for the ADA. In addition, officials said
that if they become aware of possible violations of ADA
regulations, they will forward that information to DOJ for
resolution. For example, as part of a concerted effort to inspect
commercial buses for safety violations in 2005, FMCSA identified
10 possible instances of ADA violations and provided the
information to DOJ for further review.^49 FMCSA officials also
said that they are considering developing a checklist that would
include some component of ADA compliance for use in some or all of
their safety inspections, but this idea is in the very early
stages of development.
^4749 C.F.R. S 37.11.
Lack of Coordination also Contributes to Oversight Gaps or
Duplication of Effort
FTA and DOJ have taken a formal step to clarify and strengthen
their respective roles and ensure coordinated and consistent
enforcement. In 2005, these two agencies signed a memorandum of
understanding addressing each agency's role in ADA oversight and
enforcement. The memorandum provides that FTA will, with
assistance from DOJ, investigate suspected violations of the ADA,
seek informal resolution in instances of noncompliance, and refer
cases to DOJ or withhold federal funding if it is unable to
resolve compliance issues. For its part, DOJ will, once FTA refers
a case, pursue further enforcement action with coordination and
assistance from FTA. Although the agreement has not resulted in
any referrals from FTA to DOJ, officials from both agencies told
us that simply having a formal relationship and a requirement to
meet periodically has been helpful.
^48A private bus company brought suit against FMCSA in 2005 alleging that
FMCSA granted an application for operating authority from another bus
company despite that company's unwillingness to comply with DOT's ADA
regulations. FMCSA concluded that the statute that gives it authority to
issue operating authority prevents it from considering whether the bus
company is in compliance with DOT's ADA regulations. A U.S. Court of
Appeals ruling reversed FMCSA's decision to grant operating authority and
directed FMCSA to reexamine the statute and determine whether it has
authority to withhold or revoke licenses for ADA violations. FMCSA
officials told us they are reviewing this case. See Peter Pan Bus Lines,
Inc. and Bonanza Acquisition, LLC, v. Federal Motor Carrier Safety
Administration, 471 F. 3rd 1350 (D.C. Cir. 2006).
^49FMCSA officials said that they have no plans to conduct another similar
effort due to the need to address other priority areas.
FRA and FMCSA do not have formal working relationships with DOJ or
a memorandum of understanding to clarify their respective
responsibilities in overseeing ADA compliance. Gaps appear in ADA
oversight for Amtrak and commercial buses because responsibility
is not clearly defined, as follows:
o Amtrak--FRA provides limited oversight of Amtrak but has not
referred any suspected instances of noncompliance with ADA
regulations to DOJ for further enforcement action.
o Commercial buses--FMCSA does not conduct oversight of commercial
buses for compliance with ADA regulations. FMCSA conducts
oversight of commercial buses for compliance with safety
regulations, however, and, therefore, appears to be in an ideal
position to conduct ADA oversight. DOJ officials said they have
responded to information provided by FMCSA and initiated reviews
of some commercial bus operators. DOJ officials also commended
FMCSA for being proactive in sharing information and said that the
informal relationship they have developed over the last 3 years
has been mutually beneficial. However, neither FMCSA nor DOJ has a
program in place to conduct ADA oversight reviews on an ongoing
basis.
While there does not appear to be a similar gap in oversight of
public rights-of-way, DOJ and FHWA could also benefit from better
coordination. DOJ and FHWA officials said they work closely on ADA
issues, but they do not do so formally. Both agencies provide
compliance assistance and conduct similar oversight of public
rights-of-way efforts, which could potentially overlap if the
agencies are not aware of each other's activities. DOJ and FHWA
officials told us that the agencies could benefit from better
coordination by sharing data and expertise and by eliminating
possible duplication of effort.
Agencies Lack Data with Which to Target and Evaluate the
Effectiveness of Oversight and Enforcement Efforts
Most agencies lack the information needed to target their ADA
enforcement efforts and to determine the effectiveness of their
oversight activities. The exception is FTA, which collects data on
accessibility and compliance through its triennial, state
management, and ADA compliance reviews and uses this information
to evaluate each grantee annually to determine the appropriate
level of oversight required. FTA also focuses its ADA compliance
efforts on areas that it has identified through experience and
data analysis as problematic: paratransit operations, bus lift
maintenance and usage, and stop announcements. By contrast, FRA,
FMCSA, and FHWA lack reliable data to determine the extent of
compliance with the ADA requirements for which they are
responsible. Without this information, agencies cannot target
their oversight activities, establish performance goals and
measures, or monitor progress to gauge the effectiveness of their
oversight efforts.
The general lack of data about ADA compliance at FMCSA, FRA, and
FHWA is in marked contrast to those agencies' use of data to
target oversight activities in other areas. For example, in
reporting on FMCSA's motor carrier truck enforcement efforts in
2005, we noted that FMCSA's enforcement approach uses major risk
factors identified as contributing to crashes and that FMCSA
targets its enforcement resources at the motor carriers that it
assesses as having the greatest crash risk. The agency uses
information that it collects and maintains about carriers' safety
performance (including crash history and results of roadside
inspections and compliance reviews) to identify these unsafe
carriers to be targeted.^50 In addition, FMCSA has several
information systems and a program to help it identify high-risk
carriers and drivers and to assist it in enforcing safety
regulations. FRA and, to a lesser extent FHWA, have similar
programs to target oversight or enforcement based on collected
information. For example, many of FHWA's division offices conduct
risk assessments and use this information to target their
oversight efforts for highway projects.
DOJ might have difficulty collecting information similar to the
DOT modal administrations because there are no ADA reporting
requirements for most of the public and private entities over
which DOJ has enforcement authority. One example, introduced
earlier, is that many municipalities are required to develop
transition plans about improving rights-of-way access but are not
required to report this information. DOJ officials said that,
based on their experience with Project Civic Access reviews
conducted so far, most municipalities did not have a transition
plan in place. However, this information is not specific enough to
help DOJ target future entities to review.
^50GAO, Large Truck Safety: Federal Enforcement Efforts Have Been Stronger
Since 2000, but Oversight of State Grants Needs Improvement,
[44]GAO-06-156 (Washington, D.C.: Dec. 15, 2005).
DOT Officials Consider Existing Enforcement Options to Be Limited
In general, DOT's modal administrations attempt to resolve
instances of noncompliance informally by working with the
offending entity to achieve a mutually satisfactory result. If
these efforts are not successful, there are two enforcement
options available: withholding federal funds^51 or referring cases
to DOJ for investigation and further enforcement action. DOT has
rarely used these options, however.
DOT regulations encourage resolving complaints and compliance
issues informally before initiating stronger methods. We found
informal ADA resolution processes in use at most DOT modal
administrations, but not all, as follows:
o FTA and FHWA officials told us that they are generally
successful in working with grantees to achieve compliance, usually
by developing a list of problems and providing technical
assistance. For example, if FTA identifies a deficiency in the
course of a triennial or compliance review, FTA requires the
entity to take steps to correct the deficiency and monitors its
progress. FTA keeps reviews open until problems are resolved,
which could occur quickly or take years. For example, entities
sometimes refuse to comply due to competing priorities for funds,
lack of expertise, or other reasons. In those instances, FTA
continues to try to work with the entity. In the case of one
transit agency, for example, FTA completed a compliance review in
January 2001 and has been monitoring the agency on a quarterly
basis since that time. For public rights-of-way, FHWA seeks ADA
compliance through the investigation and resolution of complaints
through a settlement agreement. FHWA also approves state standards
and reviews projects constructed or programs funded with FHWA
funding, training, and technical assistance.
o For Amtrak, FRA has entered into voluntary compliance agreements
in some instances. For example, Amtrak and FRA signed a compliance
agreement in which Amtrak agreed to develop ADA-related training
after FRA had investigated a complaint from a customer who alleged
poor treatment on the basis of his disability. However, FRA
investigates few complaints about Amtrak because most complaints
are forwarded to Amtrak for resolution.
o Although FMCSA uses informal resolution methods for its safety
oversight activities, it does not do so for ADA. FMCSA recently
introduced a proposal to add ADA items to its safety audit of new
commercial bus companies, but this would be for educational
purposes and would not affect the outcome of the safety audit.
^51The authority to withhold federal funds comes from Section 504 of the
Rehabilitation Act of 1973.
At all modal administrations, DOT officials said they have rarely
used the following two available enforcement mechanisms:
o Withholding funds--DOT agencies we spoke with had never used
this enforcement option because, in most cases, withholding all or
a portion of grant funds for noncompliance with ADA regulations is
a lengthy and administratively complex process.^52 DOT agencies
are required to hold a hearing in front of, and gain approval
from, the Secretary of Transportation prior to withholding
funding. According to FRA and FTA, the process to withdraw any
funding would not be taken lightly given its effect and the need
for the Secretary to weigh all the factors involved. In addition,
withholding all or a portion of a transportation provider's
funding could affect the entire transit system and the mobility of
all riders, including those with disabilities.^53 For example, for
issues other than the ADA, we have previously reported that FRA
has not withheld funds from Amtrak for noncompliance with grant
agreements--despite the legal authority to do so--because
withholding grant funds would involve large sums and could have a
severe impact on Amtrak's continued operations and the mobility of
riders who depend on the service.^54 Finally, FHWA officials said
that they have never withheld federal funding because they have
been able to resolve compliance violations voluntarily.
o Referral to DOJ--DOT modal administrations have the option of
referring a case on ADA noncompliance to DOJ for enforcement
action. However, to date, FHWA and FTA have each formally referred
one case to DOJ. FMCSA has not formally referred any cases,
although it has provided information to DOJ on possible ADA
violations, as previously mentioned. An FTA official said that,
prior to implementing the memorandum of understanding, FTA did not
have the formal working relationship necessary to provide an
avenue for regular communication about ongoing cases. FTA
officials also indicated that DOJ investigations can be lengthy
and said there are a number of steps that FTA has to pursue
internally before referring a case. In several instances, however,
FTA collected sufficient proof of persistent noncompliance and
indicated to the grantee its intent to refer the case to DOJ,
according to FTA officials. In each instance, according to FTA,
grantees have then indicated willingness to make additional
improvements, negating the need for a referral at that time.
^52FMCSA does not provide grant funding to commercial bus operators and
thus cannot withhold federal funds.
^53For example, FTA provides $3.6 billion to cities through its Urbanized
Area Formula Program, for capital projects for use in public
transportation service.
^54GAO, Amtrak Management: Systemic Problems Require Actions to Improve
Efficiency, Effectiveness, and Accountability, [45]GAO-06-145 (Washington,
D.C.: Oct. 4, 2005).
DOJ's enforcement options are also somewhat limited, unless the
transportation entity is privately owned. For public
transportation entities, DOJ can pursue enforcement action if DOT
refers the entity and, in such cases, DOJ can initiate a lawsuit,
seek mediation, or negotiate a consent agreement. As mentioned
previously, DOT has referred two cases formally to DOJ for
investigation. DOJ can also intervene in existing private suits.
For example, DOJ joined a private suit against a large city and
reached a consent agreement in which the city agreed to address
alleged ADA violations involving its fixed-route public bus
systems. For private transportation entities, DOJ can, and has,
initiated its own lawsuits, joined existing private lawsuits, used
mediation, signed settlement agreements, and sought civil
penalties. For example, DOJ reached a consent decree with a
private entity providing fixed-route service between Memphis and
the Little Rock airport, alleging that it had failed to provide
accessible transportation. In another example, DOJ reached a
settlement agreement with a large, door-to-door airport shuttle
company in which the company agreed to add accessible vehicles to
its fleet, train its employees on providing equivalent service,
and pay a civil penalty. DOJ officials said that they may increase
their use of civil penalties for ADA violations in the future
because the ADA has been in effect for 17 years and entities
should be familiar with their responsibilities.
DOT Has Another Option Available for Enforcing Airline Accessibility
and Safety-Related Requirements
In contrast to surface transportation cases involving the ADA, DOT
has at least one other option, the ability to levy monetary
penalties, available for enforcement in similar situations.
Following are examples of monetary penalties:
o DOT has the ability to levy monetary penalties against airlines
that violate the Air Carrier Access Act of 1986, which largely
governs accessibility issues in air transportation. DOT has levied
penalties against commercial air carriers for violations of this
law and has allowed carriers to use a portion of the penalties to
improve their compliance. For example, in 2002, DOT found that
Northwest Airlines had violated the Air Carrier Access Act and
assessed civil penalties of $700,000 with certain provisions that
allowed the airline to offset a portion of the penalties. In this
case, Northwest could offset up to $550,000 by taking steps such
as increasing the number of wheelchair assistance personnel at
airports, purchasing and installing grab bars in airplane
lavatories, and establishing an Air Carrier Access Act Quality
Assurance Program. Between 2000 and 2006, DOT imposed
approximately $8.4 million in penalties.
o Such penalties are also an option for many safety violations.
FRA and FMCSA impose civil penalties against freight rail and
commercial motor carriers, respectively, for safety violations,
and FTA and OST officials said that extending this type of
enforcement tool to FTA for use against transit agencies would be
very useful and would help their ADA compliance efforts.
Agency officials indicated the threat of a fine would serve to
encourage compliance but would also be useful to gain compliance
for relatively minor acts of noncompliance. For example, FTA
officials said that during the course of investigating a complaint
against a transit agency, the agency agreed there was a problem
but refused to correct it. The transit agency understood the
problem was a small one and that it was unlikely that FTA would
pursue one of the more extreme enforcement options available.
However, if FTA were able to levy a fine for this particular
instance, the transit agency would be much more likely to comply.
Private Citizens Use Lawsuits and Settlement Agreements to Bring
About Compliance
In a number of instances, compliance has come not through agency
enforcement but through private citizens filing lawsuits and
negotiating settlements.^55 The ADA authorizes private citizens or
their representatives to file suit in cases of discrimination,
providing another avenue of oversight for both public and private
entities where federal oversight has not resolved problems. In
addition, citizens are not required to pursue resolution through
complaints prior to filing suit. Lawsuits are not without
limitations, however. For example, the ADA does not provide for
punitive damages. Also, although the ADA does allow for recovery
for legal fees, recent court decisions have made these fees more
difficult to obtain.
^55As previously mentioned, DOJ has filed amicus ("friend of thecourt")
briefs in a number of private lawsuits. DOT officials also noted that DOT
and DOJ have sometimes provided assistance to the court or to one of the
parties in a suit.
The terms of lawsuits and settlement agreements reached by people
with disabilities have resulted in more than just requiring
transportation providers and state and local governments to
conform to the requirements of the ADA. For example, a group of
passengers in Boston brought suit against the Massachusetts Bay
Transportation Authority in 2002 alleging discrimination based on
disability. The passengers and the transit agency eventually
reached a settlement agreement that includes a commitment by the
agency to ensure bus lifts are properly maintained and functional,
as required by ADA regulations, and also a pledge to purchase new
low-floor (rather than high-floor) buses that employ ramps instead
of lifts--lifts are often deemed to be less reliable. Notably, FTA
has been monitoring Massachusetts Bay Transportation Authority for
compliance with ADA requirements to announce transit stops and
maintain bus lifts since July 2000.
Federal Entities Provide a Variety of Technical Assistance to Help
with ADA Compliance, but Gaps Exist in Regulations and Guidance
The ADA requires DOT, DOJ, and the Access Board to provide
technical assistance that will help transportation providers,
businesses, and state and local governments comply with ADA
requirements. The agencies have provided this assistance both in
regulations and in various types of nonregulatory guidance. Our
discussions with officials from state and local transportation
agencies indicated, however, that current assistance has several
key gaps and that--in some instances--proposed regulations and
guidance still leave questions about what they need to do to
comply.
Assistance Takes Several Forms
DOJ and DOT each issue regulations covering those aspects of the
ADA for which they are responsible. These regulations, discussed
below, have the force and effect of law.^56
o DOJ's regulations incorporate the Access Board's guidelines as
standards for accessible design. The regulations provide minimum
design standards for the construction and alteration of places of
public accommodation, commercial facilities, and state and local
government facilities.^57 Included in these standards are basic
design criteria for sidewalks and curb ramps. DOJ's regulatory
standards must, at a minimum, meet the Access Board's accessible
design guidelines. DOJ also issues regulations on
nondiscrimination on the basis of disability by public
accommodations and in commercial facilities, as well as
nondiscrimination on the basis of disability in state and local
government services.
^56For the purposes of this report, we chose to include regulations in the
discussion of technical assistance because the regulations provide
information on how to implement the ADA.
^57The exception is transportation facilities, which are subject to
similar standards in DOT regulations.
o DOT's regulations focus on the provision of transportation
services by public and private entities and include accessibility
requirements as they pertain to vehicles (such as public transit,
intercity passenger trains, and commercial buses) and stations.
Under the ADA, DOT's regulatory standards for accessible
facilities and vehicles cannot be less stringent than the Access
Board's guidelines. DOT's regulations also cover nondiscrimination
(for example, an entity cannot require that a qualified individual
with a disability be accompanied by an attendant) and requirements
for complementary paratransit service, such as processes for
determining eligibility.
DOJ, DOT, and the Access Board also issue official guidance. This
guidance does not have the force and effect of law and is intended
to provide clarification to assist entities in complying with
regulations. For example, DOJ guidance includes information for
businesses on accommodating service animals and restriping parking
lots, among other things. FTA has issued guidance to assist public
transportation agencies in their responsibility to transport
passengers who use common wheelchairs.^58 The Access Board has
provided guidance to clarify technical requirements for buses,
commuter and intercity railcars, and over-the-road bus systems. To
coordinate DOT's disability-related interpretations, guidance, and
policies, the Secretary of Transportation established in 2003 a
working group known as the Disability Law Coordinating Council.
DOT recently proposed codifying the council in regulation. For
more information about the council, see appendix III.
DOJ, DOT, and the Access Board all provide technical assistance
through a variety of other sources, such as Web sites,
conferences, and outreach through nongovernmental entities (see
table 1 for examples). These other informational sources provide
state, local, and industry officials with a source of information
ranging from the regulations themselves to one-on-one assistance
with specific questions. On FMCSA's Web site, for example,
commercial bus companies can obtain a summary of DOT's ADA
regulations and information about their annual reporting
requirements.^59
^58DOT's regulations define a wheelchair as a "mobility aid belonging to
any class of three- or four-wheeled devices, usable indoors, designed for
and used by individuals with mobility impairments, whether operated
manually or powered." They define a common wheelchair as such a device
"which does not exceed 30 inches in width and 48 inches in length measured
two inches above the ground, and does not weigh more than 600 pounds when
occupied." (See 49 CFR 37.3.)
Table 1: Other Examples of ADA Technical Assistance Sources Provided by
DOJ, DOT, and the Access Board
Source Example
Web site FMCSA's Web site includes information on
commercial bus companies' ADA responsibilities
and reporting requirements.
Assistance line DOJ provides a toll-free assistance line to
answer compliance questions for businesses and
nonprofit transportation providers, local
governments, and public transportation
providers.
Training and conferences The Access Board provides training to state and
local officials on public rights-of-way
requirements.
Oversight reviews As part of what is called Project Civic Access,
DOJ provides reviews addressing facility
modifications that will improve access, such as
accessible parking and routes to and through
buildings.
Funding of federal and Easter Seals Project ACTION, funded by FTA,
nongovernmental entitites provides information on ADA resources, a
toll-free ADA information line, and training on
transportation accessibility.
FHWA funds the National Cooperative Highway
Research Program, which conducts research in
problem areas that affect highway planning,
design, construction, operation, and maintenance
nationwide, including problem areas related to
public rights-of-way.
Source: GAO.
Finally, other federal and nongovernmental organizations not specifically
named under the ADA also provide technical assistance. For example,
o The Department of Education funds Disability and Business
Technical Assistance Centers, which provide training related to
ADA.
o The Department of Health and Human Services supports a
nationwide system of state-level organizations that advocate for
the rights of individuals with disabilities.
o The American Bus Association, an industry organization, provides
a newsletter to its members addressing ADA-related topics and
requirements.
^59For more information on sources and types of ADA-related federal
technical assistance, see the National Council on Disabilities' report
titled "Promises to Keep: A Decade of Federal Enforcement of the Americans
with Disabilities Act," June 27, 2000.
o Advocacy organizations such as the Paralyzed Veterans of America
and the National Disability Rights Network inform transportation
providers and individuals with disabilities about ADA rights and
responsibilities.
Gaps in Technical Assistance for Public Transportation and Public
Rights-of-Way Have Raised Uncertainty about ADA Compliance
Requirements
While a number of public transportation providers and state and
local officials with whom we spoke found federal technical
assistance sufficient for many of their needs, they identified two
key areas in which confusion existed about complying with ADA
requirements. These areas were (1) uncertainty about how ADA
requirements pertain to emerging issues in public transportation,
such as mobility devices that do not fit the definition of a
common wheelchair, and (2) lack of clarity about planning for and
designing accessible public rights-of-way. According to some state
and local government officials, this uncertainty has made them
apprehensive about going forward with efforts to implement
accessible rights-of-way, particularly those that go beyond the
current ADA regulations such as installing accessible pedestrian
signals. DOT is in the process of updating guidance on the
emerging issues in public transportation. For public
rights-of-way, however, federal agencies are not as far along in
addressing areas of confusion.
DOT Is Developing Regulations to Address Emerging Issues in Public
Transportation
DOT has identified emerging areas in public transportation that it
is addressing through an NPRM and anticipates finalizing the rule
by the beginning of 2008.^60 These issues include the increasing
use of larger, heavier mobility devices on public transportation
and the potential effect on DOT's current definition for a common
wheelchair; requirements for public transit agencies providing
paratransit services; and platform requirements for intercity and
commuter rail stations.
Prior to issuing the NPRM, DOT promulgated guidance on these
issues in 2005; however, a number of public transportation
providers and national industry groups with whom we spoke noted
that the industry was unsure about how to implement some of the
guidance. For example, as more people are using larger wheelchairs
or scooters and similar devices, public transportation providers
with whom we spoke are unclear about how to accommodate these
devices because current regulations on wheelchairs and mobility
devices do not address devices that fall outside of the definition
of a common wheelchair.^61 Further, a number of transportation
providers considered DOT's 2005 guidance on how transit vehicles
should transport two-wheeled, self-balancing Segway(R) personal
transportation devices, to be unclear. Specifically, DOT guidance
states that a transportation provider is not required to permit
anyone to bring onto a vehicle a device that is too big or that is
determined to pose a direct threat to the safety of others;^62
however, the guidance also directs transportation providers to
accommodate Segways when used as a mobility device by a person
with a disability, subject to these same limitations.^63 Thus, to
address these concerns, and others, the DOT issued an NPRM
soliciting public comment on this topic, as well as on paratransit
services and level boarding for rail station platforms.
^60Under the Administrative Procedure Act, agencies are generally required
to publish an NPRM that proposes regulations and allows interested parties
to participate in the rulemaking process by providing official comments (5
U.S.C. S 553 et seq.). According to DOT officials, DOT has received more
than 300 comments on its proposed ADA requirements for public
transportation entities.
^61ADA regulations require that every transit vehicle that is over 22 feet
in length have a minimum of two wheelchair securement areas (vehicles that
are 22 feet or less must have one wheelchair securement area) and that
these vehicles must accommodate "common wheelchairs," as defined in DOT
regulations. According to a 2005 National Council on Disability Report, as
wheelchairs, scooters, and similar devices have become more varied, and
more people are using these nonstandard mobility devices, an increasing
number of individuals are no longer accommodated by the ADA definition for
a common wheelchair. Vehicle lifts, ramps, and securement devices are
designed to hold common wheelchairs, but larger, heavier mobility devices
may not fit properly.
^62Transportation providers have expressed concern regarding the safety of
transporting unsecured mobility devices, due to the potential for a
mobility device to injure other riders or drivers if not properly secured
in a moving vehicle. DOT has indicated that there are no data to support
this assertion. DOT also notes that a transportation provider is free to
acquire equipment that can accommodate larger mobility devices, if
desired.
^63An FTA official noted that, to the best of his knowledge, his office
has not received any calls from transit providers with questions about
this guidance.
More Clarity Needed for Public Rights-of-Way Requirements
Advocacy and industry groups and state and local governments told
us that current federal regulations and guidance have gaps or are
unclear on (1) ADA-required transition plans for assessing the
accessibility of state and local governments' structures including
sidewalks and curb ramps and (2) technical requirements for
installing accessible public rights-of-way.
Many Jurisdictions Lack Information about Transition Plans for Correcting
Public Rights-of-Way Deficiencies or Are Unaware They Have to Develop a Plan
ADA regulations require state and local governments to assess
local accessibility and draft a transition plan for upgrading the
public rights-of-way within their jurisdictions. Current
regulations require any public entity that employs 50 or more
persons to develop such a plan. If a public entity has
responsibility or authority over streets, roads, or walkways, its
transition plan must include a schedule for providing curb ramps,
or other sloped areas, where pedestrian walks cross curbs,
including state and local government offices and facilities,
transportation, and places of public accommodation.^64 At a
minimum, the plan must identify physical obstacles that might
limit the accessibility of programs or activities, describe in
detail the methods that will be used to make facilities
accessible, specify the schedule for taking identified steps, and
indicate the official responsible for implementing the plan.
However, gaps exist in the current federal regulations and
guidance because they do not specify how to include that
information in the plans and, if a jurisdiction has a plan, when
it should update the plan.^65
The American Association of State Highway and Transportation
Officials surveyed state departments of transportation and
concluded that considerable confusion exists among states about
when and how to update transition plans. In addition, several
members of an industry association (representing different states
and localities) told us that jurisdictions are confused about what
is supposed to be included in a transition plan and indicated that
more specific federal guidance would be helpful. For example, one
state transportation official mentioned that federal guidance was
unclear on what data should be collected for ADA transition plans
and did not address field-level implementation of ADA requirements
for transition plans.
Without proper regulations and accompanying guidance from the
federal government, states and localities face challenges creating
these plans, or may not create them at all. DOJ Project Civic
Access reviews typically reveal that, most commonly, the
responsible government has not established an ADA transition plan
and the accompanying policies and procedures necessary to ensure
the installation of curb ramps at public rights-of-way. Absent
such plans, states and localities may neither assess the status of
the accessibility of their public rights-of-way nor develop a
schedule for updating curb ramps and ensuring access to public
services and programs, leaving themselves vulnerable to private
lawsuits or federal compliance actions. Furthermore, without
transition plans, it is difficult or impossible for the federal
government to assess compliance and collect information or data
from state and local governments with regard to the accessibility
of their public rights-of-way.
^64Public accommodations include restaurants, hotels, movie theaters, and
doctors' offices, for example.
^65DOJ recently published an ADA tool kit to assist state and local
governments in taking steps to assess and address compliance with ADA
requirements for curb ramps at pedestrian crossings, which includes
similar elements as those required for transition plans.
FHWA has recognized the lack of information on ADA-required
transition plans and other aspects of civil rights requirements
and plans to complete civil rights program assessments of all
state departments of transportation by the end of fiscal year
2008. This project should, among other things, enable FHWA to
gauge the number of states that have developed and implemented a
transition plan. The program assessments are designed to assess
how state departments of transportation implement ADA requirements
and ascertain the extent to which they are involved with local
governments' ADA implementation on projects and programs that are
jointly funded by FHWA and a state department of transportation.
While these program assessments are a first step, FHWA will not
assess the content of state transition plans or determine whether
the state transportation agencies are in compliance with the ADA.
The assessments will also not address whether local governments
throughout the country have created transition plans.
FHWA has also drafted a tool kit for its division offices and
state departments of transportation. The tool kit will assist
staff tasked with compliance and oversight activities for ADA
requirements, including oversight of transition plans for state
departments of transportation. According to FHWA, this tool kit is
under review by FHWA's Office of Chief Counsel and is not yet
available publicly. In addition, FHWA is involved in a federally
funded research project by the National Cooperative Highway
Research Program focusing on the development of a guide for
updating ADA transition plans for state departments of
transportation. This project is aimed at helping states translate
applicable laws and guidance into field-level implementation of
ADA requirements for transition plans and related requirements and
is anticipated to be completed in May 2008.
Technical Standards for Installing Public Rights-of-Way Are Not Finalized
In addition to the transition plans required by the ADA, the
Access Board developed ADA Accessibility Guidelines (ADAAG) for
installing accessible structures and devices such as curb ramps
for sidewalks. These guidelines serve as the basis for DOJ and
DOT's current ADA regulations, originally published in 1991.
However, ADA accessibility requirements in current regulations
focus primarily on accessibility standards for building
facilities, not public rights-of-way. In June 1994, the Access
Board published an interim rule containing more information on
public rights-of-way, among other accessibility topics, to
supplement the ADA accessibility requirements. As the
transportation community and others reviewed these guidelines,
however, they were concerned about the magnitude of the work that
would be needed to meet the public rights-of-way guidance. As a
result, the Access Board withdrew the sections of the rule
pertaining to public rights-of-way and began conducting education
and outreach activities to inform the transportation industry
about accessibility of public rights-of-way. Current ADA
accessibility requirements, as codified in regulation, do not
contain the Access Board supplement on public rights-of-way.
In 1999, the Access Board resumed its efforts to develop final
guidelines for public rights-of-way and, nearly a decade later,
work continues on these draft guidelines. After soliciting input
from a wide variety of stakeholders,^66 the Access Board released
another draft of its public rights-of-way guidelines in 2002 for
public comment and received an extensive public response. The
board considered these comments and, in 2005, published revised
draft guidelines for purposes of gathering additional information
for an economic impact analysis, which is still under way by the
Access Board. The new guidelines are expected to cover such
subjects as pedestrian access to sidewalks and streets, including
crosswalks, curb ramps, street furnishings, pedestrian signals,
parking, and other parts of the public rights-of-way. They will
likely also address issues such as access at street crossings for
pedestrians who are blind or have low vision, wheelchair access to
on-street parking, and constraints posed by space limitations,
roadway design practices, slope, and terrain. According to Access
Board and DOJ officials, the draft guidelines are more consistent
with industry standards.
^66The Access Board chartered a Public Rights-of-Way Access Advisory
Committee to develop recommendations for accessible public rights-of-way,
contained in the report "Building a True Community" (Jan. 10, 2001). The
review committee consisted of 33 members representing disability
organizations, public works departments, transportation and traffic
engineering groups, design professionals and civil engineers, government
agencies, and standards-setting bodies.
The draft guidelines remain a work in progress. The Access Board
is still working on the economic analysis, and, once it is
complete, the draft guidelines will go out for public comment. As
of July 2007, however, the Access Board was not able to provide an
estimate for when the guidelines might be finalized. If codified
into federal regulations and standards by DOJ, the Access Board
draft guidelines would supplement the current ADA accessibility
requirements and provide a comprehensive set of regulations for
public rights-of-way.
Various studies and advocacy and industry groups, as well as
officials with whom we spoke, cited the lack of final, specialized
standards for public rights-of-way as a problem. Some of their
comments and findings are as follows:
o According to a report by the National Academies of Sciences,
improvements to pedestrian accessibility have lagged behind
improvements to the rest of the transportation network, in part
because no enforceable regulations for making public rights-of-way
accessible have been issued.^67
o Officials with the National Council on Disabilities said that,
absent such enforceable standards, localities continue to erect
barriers, such as inaccessible bus stops, intersections without
curb ramps or with improperly constructed curb ramps, and barriers
blocking sidewalks.
o Officials with a national industry association with whom we
spoke said that localities are uncertain about requirements for
and definitions of accessible pedestrian signals. The officials
said that there is a strong bias for localities to delay in adding
pedestrian signals, depending on what the final guidelines will
require. For example, one city is conducting a major construction
project downtown to add light rail. In the course of this
construction, 60 pedestrian signals will be modified, but the city
is unsure how to proceed since accessible pedestrian signals are
not defined or covered in current ADA requirements.
o Industry groups with whom we spoke noted that states and
localities may not make an investment in accessibility
improvements for public rights-of-way that go beyond current
regulations for curb ramps, since draft guidelines will likely
change. Furthermore, officials with whom we spoke identified
aspects of current accessibility requirements that are not clear,
such as detectable warning requirements for curb ramps.
^67The Future of Disability in America, Institute of Medicine of the
National Academies, 2007. FHWA officials clarified that no specialized
standards have been adopted to mandate how to make public rights-of-way
accessible.
o Additionally, industry and advocacy groups and state and local
governments said that differences between the draft guidelines,
current ADA accessibility requirements, other federal guidelines,
and national and state building codes create challenges for state
and local governments that are trying to comply with applicable
accessibility requirements for public rights-of-way.^68
State and local government officials, as well as officials from
advocacy and industry groups, pointed to the lack of finalized
comprehensive standards for public rights-of-way as an obstacle to
ensuring access to transportation for individuals with
disabilities. FHWA, which implements ADA pedestrian access
requirements for federal, state, and local government agencies
that build and maintain highways, has provided some guidance, but
FHWA officials acknowledge that the effectiveness of the guidance
is limited.^69 Furthermore, FHWA directs states and localities to
use the Access Board's draft guidelines as best practices. In the
absence of finalized comprehensive standards for public
rights-of-way, DOJ and the Access Board have developed guidance on
these issues. For example, DOJ has developed an online tool kit
for state and local governments to use in identifying and fixing
problems in public rights-of-way accessibility. However, according
to federal officials, it is difficult to provide effective
training and technical assistance for states and localities while
Access Board draft guidelines are not final and codified in
regulation. Federal officials have acknowledged that the draft
guidelines will likely change as a result of the rulemaking
process.
Conclusions
Congress passed the ADA in part to help people with disabilities
have access to transportation, but 17 years later the federal
government cannot determine the extent of its success for many
transportation modes due to a lack of reliable data. While some
improvements have been made in surface transportation
accessibility, further advances are also hindered, in part, by
confusion among transportation providers and local governments
about some of the more complex and emerging aspects of
accessibility requirements and among federal agencies about their
respective roles and responsibilities. For state and local
governments, a major source of confusion is the ADA's requirement
to develop and update transition plans that inventory the
accessibility of public rights-of-way and identify steps and time
frames for addressing deficiencies. Industry associations and
state and local transportation agencies that we interviewed were
unsure what should be included in the plan, what a successful plan
would look like, and how often to update the plan. The problem is
persistent enough that the National Cooperative Highway Research
Program, which is funded by FHWA and state transportation
agencies, is conducting a study to develop a tool to help state
transportation agencies with these plans. FHWA is also conducting
program assessments of state transportation agencies to determine
whether they have completed transition plans.
^68For example, under current federal regulations, states and localities
can choose between two sets of accessibility guidelines: the ADA
Accessibility Standards and the Uniform Federal Accessibility Standards.
^69FHWA has provided technical assistance and guidance on accessible
public rights-of-way using existing research and standards. This includes
Designing Sidewalks and Trails for Access, Part I of II: Review of
Existing Guidelines and Practices, FHWA-HEP-99-006 (Washington, D.C.: July
1999) and Designing Sidewalks and Trails for Access, Part II of II: Best
Practices Design Guide, FHWA-EP-01-027 (Washington, D.C.: September 2001).
There is also confusion among DOT's modal administrations about
what steps DOT is able to take to enforce the ADA. DOT established
a Disability Law Coordinating Council to coordinate the agency's
disability-related guidance and policies, but this mission does
not include coordination of oversight and enforcement efforts. FTA
and DOJ crafted a memorandum of understanding that set out their
respective responsibilities for shared enforcement of the ADA, and
this was successful in that it helped develop working
relationships that have furthered oversight and enforcement of
accessibility requirements in public transportation. However,
FMCSA does not conduct ADA compliance reviews or investigate
complaints for commercial buses and has indicated that it cannot
withhold or revoke a company's operating authority for
noncompliance with the ADA. A federal court directed FMCSA to
reexamine the statute for further consideration. In addition,
although FMCSA and DOT's Office of the Secretary have not gathered
and reviewed information on the accessibility of demand-response
and fixed-route commercial bus service and determined whether to
retain or modify the ADA regulations governing such buses, as
required, they recently developed a preliminary strategy for doing
so in response to our preliminary findings. FRA also has had
limited involvement in ADA enforcement and has not conducted
periodic compliance reviews of Amtrak, as required by regulation,
but FRA officials indicated that they may do so in the future.
Amtrak's delay in conducting station assessments, including
providing information on the steps necessary to bring them into
compliance with the ADA by July 2010, hinders FRA's ability to
adequately oversee intercity passenger rail accessibility.
When DOT does identify ADA violations--whether by local transit
agencies, Amtrak, or other entities--DOT primarily relies on
informal negotiations and reminders to attempt to obtain
compliance with the ADA. In many cases, these informal methods are
sufficient to correct the problem. Sometimes, however, an entity
refuses to comply due to competing priorities for funds, lack of
expertise, or other reasons. The ADA has been in effect for more
than 17 years, and federal officials are less sympathetic to such
reasons than they used to be. Other than the informal methods,
DOT's other enforcement options are withholding grant funds or
pursuing litigation through DOJ. However, DOT has rarely used
these options because they are too drastic or lengthy to
effectively address the problem in many instances. There is very
little middle ground available. Civil penalties are a tool that
DOT uses to achieve other goals, but it does not have authority to
use them for ADA violations. DOT's Office of the Secretary already
has experience in administering civil penalties against air
carriers for violations of the Air Carrier Access Act. Likewise,
FRA and FMCSA impose civil penalties against freight rail and
commercial motor carriers, respectively, for safety violations.
Similar authority for ADA violations would give DOT's oversight
and enforcement efforts more weight and help ensure that
accessibility is a higher priority for public and private surface
transportation providers and local governments.
Recommendations for Executive Action
To improve the availability of data on ADA compliance and improve
FRA's ability to oversee Amtrak's progress in implementing the
ADA, we recommend that the President of Amtrak continue to report
to FRA on the status of Amtrak's review of the accessibility of
its stations. As required by Amtrak's fiscal year 2006 and 2007
grant agreements, this report should include data for each station
and actions required to bring it into compliance, as well as an
overall schedule for bringing all Amtrak stations into compliance.
Given gaps in data on the status of ADA compliance of commercial
buses, we recommend that the Secretary of Transportation direct
the Administrator, FMCSA and DOT's Office of the Secretary, to
implement their plan to gather, review, and verify information on
demand-response and fixed-route commercial bus service and
determine whether to retain or modify the existing regulations, as
required by DOT's regulations.
To reduce confusion among state and local entities regarding
ADA-required transition plans, we recommend that the Secretary of
Transportation direct the Administrator, FHWA, to work with DOJ to
use the results of both FHWA's program assessments and the
National Cooperative Highway Research Program's study to develop
and disseminate guidance for creating and updating transition
plans.
To enhance DOT's oversight of ADA compliance, we recommend that
the Secretary of Transportation take the following two actions:
o develop criteria for determining circumstances under which DOT
would withhold all or part of a grantee's federal funds for
instances of ADA noncompliance, which could streamline the
process, and
o direct the Administrator, FRA, to conduct the periodic reviews
of Amtrak's ADA compliance that are required by regulation.
To increase coordination and communication among DOT's modal
administrations and with DOJ, thereby improving DOT's ability to
oversee and enforce the ADA, we recommend that the Secretary of
Transportation direct the Administrators of FHWA, FMCSA, and FRA
to enter into formal agreements with DOJ to clearly delineate
responsibility for enforcing the provisions of the ADA pertaining
to surface transportation and public rights-of-way. Furthermore,
we recommend that the Secretary of Transportation, through the
Office of the Secretary, establish or designate a formal working
group or other coordinating body (such as the Disability Law
Coordinating Council) to ensure a coordinated effort within DOT
for overseeing and enforcing the ADA, including identifying ways
to improve data for measuring compliance.
To expand the range of options available to DOT modal
administrations for enforcing the ADA for surface transportation
and public rights-of-way, we recommend that the Secretary of
Transportation develop a legislative proposal that would give DOT
the authority to impose civil penalties for ADA violations.
Agency Comments and Our Evaluation
We provided a draft of this report to DOT, DOJ, the Access Board,
and Amtrak for their review and comment. DOT and DOJ provided oral
comments and agreed with our findings and conclusions. Further,
DOJ agreed with our recommendations, and DOT agreed to consider
them. The Access Board provided oral comments and agreed with the
report's findings. Amtrak provided written comments (see app. IV)
and stated that our recommendations regarding enhancing DOT's
oversight and enforcement options would not be effective in cases
where federal guidance was unclear and funding is not available to
meet the technical requirements. DOT, DOJ, and Amtrak also
provided technical comments via e-mail, which we incorporated
throughout the report as appropriate. Specific comments on the
report as well as our responses follow.
DOT officials stated that since they had an existing body, the
Disability Law Coordinating Council, to coordinate department
regulations, they said that the council's mission could
potentially be expanded to coordinate oversight and enforcement of
the ADA. We included the council in the recommendations.
DOJ officials asked that we clarify DOJ and DOT's statutory and
regulatory authority and they provided additional examples of
DOJ's activities in ADA enforcement. We made changes to reflect
these comments.
Finally, Amtrak stated its commitment to making its railcars and
stations accessible to passengers with disabilities and compliant
with the ADA. It also delineated three concerns impeding and
increasing the cost of Amtrak's progress in constructing and
renovating stations. First, Amtrak officials indicated DOT's
notice of proposed rulemaking on platform heights could require
considerable changes to platform design, but they are uncertain of
when these rules will become final and, if they do, how the
entities affected--including freight railroads--will be able to
address these requirements. Second, they indicated the proposed
rules are unclear regarding who is responsible for ADA compliance
in areas where different public and private entities own stations.
Finally, they stated these potential requirements are expensive,
especially in the face of Amtrak's funding difficulties. They
conclude that many technical, ownership, and funding issues are
involved in addressing ADA compliance. Thus, our recommendations
that DOT clarify situations under which it can withhold grant
funds and consider asking for the ability to assess civil
penalties are likely to be ineffective for Amtrak without more
funding and clearer federal requirements.
We added further information clarifying Amtrak's difficulties in
the report. We did not revise our recommendations since they apply
to many situations beyond this one, such as commercial buses and
public transit. Also, we believe that additional data and federal
oversight of all modes of surface transportation, including
Amtrak, would be beneficial in ensuring continued progress in
meeting the accessibility goals of the ADA.
We are sending copies of this report to interested congressional
committees, the Secretary of Transportation, the Attorney General,
and other interested parties. We also will make copies available
to others upon request. In addition, the report will be available
at no charge on GAO's Web site at http://www.gao.gov.
If you or your staff has any questions about this report, please
contact me at (202) 512-2834 or [email protected]. Contact points
for our Offices of Congressional Relations and Public Affairs may
be found on the last page of this report. Key contributors to this
report are listed in appendix V.
Sincerely yours,
Katherine Siggerud, Director
Physical Infrastructure Issues
Appendix I: Examples of Federal Funds That Are Used for ADA
Compliance
The state and local transportation providers and government
agencies that we interviewed said that they used a variety of
federal, state, and local funding sources--as well as farebox
revenues--to help them comply with the surface transportation
provisions of the Americans with Disabilities Act of 1990 (ADA).
The federal funding sources are listed in table 2.
Table 2: Examples of Federal Funds that Are Used for ADA Compliance
Dollars in millions
Total fiscal
year 2007
Federal agency Program Use appropriation
Department of Surface STP funds may be used $6,247.9
Transportation-Federal Transportation to construct
Highway Administration Program (STP) pedestrian walkways
and to modify public
sidewalks to comply
with the ADA. Ten
percent of each
state's STP
apportionment must be
made available only
for transportation
enhancement
activities (such as
pedestrian
facilities). Funds
may be transferred to
Federal Transit
Administration
formula programs.
National NHS funds may be used $5,932.5
Highway System to construct
(NHS) pedestrian walkways.
Funds may be
transferred to
Federal Transit
Administration
formula programs.
Congestion, CMAQ funds may be $1,693.7
Mitigation, and used for construction
Air Quality of pedestrian
Improvement facilities. Under
Program (CMAQ) limited
circumstances, CMAQ
funds may be used to
support the operating
costs of public
transportation. Funds
can also be
transferred to
Federal Transit
Administration
formula programs.
Highway Bridge Funds may be used for $4,150.9
Replacement and replacement or
Rehabilitation rehabilitation of
Program eligible highway
bridge projects,
including pedestrian
walkways.
Department of Urbanized Area Assists urbanized $3,606.2
Transportation-Federal Formula Program areas in financing
Transit Administration capital projects for
use in public
transportation
service; 10 percent
of funds may be used
to pay for
complementary
paratransit operating
costs as a capital
expenditure.
Operating assistance
may also be used to
support complementary
paratransit costs.
Funds may also be
used to enhance
access for people
with disabilities to
public
transportation.
Nonurbanized Assists nonurbanized $404.0
Area Formula areas in financing
Program capital projects and
operating expenses
for use in public
transportation
service; projects
that will help the
area meet ADA
requirements are
eligible for a higher
federal share of
funding; 10 percent
of funds may be used
to pay for
complementary
paratransit operating
costs as a capital
expenditure.
Operating assistance
may also be used to
support complementary
paratransit costs.
Over-the-Road Competitive grant $7.6
Bus program to help
Accessibility commercial bus
Program companies finance the
capital and training
costs of complying
with ADA regulations.
Fixed Guideway Fixed Guideway $2,329.8
Modernization Modernization Program
Program and Bus provides capital
and Bus assistance to
Facility Grants maintain, modernize,
or improve existing
fixed guideway
systems, including
rail, bus, and other
public transportation
systems. Bus and Bus
Facility Grants
provide funding for
the acquisition of
buses and bus-related
facilities, including
transfer facilities
and passenger
shelters.
Formula Program This program provides $117.0
for Elderly formula funding to
Persons and states for capital
Persons with projects to assist
Disabilities private nonprofit
groups in meeting the
transportation needs
of the elderly and
individuals with
disabilities when the
public transportation
service provided in
the area is
unavailable,
insufficient, or
inappropriate to meet
these needs.
Department of Housing Community Annual grants to $3,710.9
and Urban Development Development provide services to
Block Grant the most vulnerable
in U.S. communities.
Projects benefit low-
and moderate-income
persons or address
community development
needs having a
particular urgency
because existing
conditions pose a
serious and immediate
threat to the health
or welfare of the
community for which
other funding is not
available.
Source: GAO.
In addition, DOT recently implemented the New Freedom Program, which is a
formula grant program designed to support new public transportation
services and public transportation alternatives beyond those required by
the ADA. Congress apportioned $81 million for this program for fiscal year
2007. This is a new program, and we reported in July 2007 that few
governors had designated entities to receive the funds, and FTA had
awarded few grants to date.^1
^1 For more information on the status of the program, see GAO,
Transportation Disadvantaged: Progress in Implementing the New Freedom
Program Has Been Limited, and Better Monitoring Procedures Would Help
Ensure Program Funds Are Used as Intended, [46]GAO-07-999R (Washington,
D.C.: July 19, 2007).
Appendix II: Objectives, Scope, and Methodology
This report addresses the following three objectives: (1) what is known
about the extent of Americans with Disabilities Act of 1990 (ADA)
compliance for surface transportation and public rights-of-way,^1 (2) what
difficulties, if any, the federal government faces in overseeing and
enforcing compliance with the ADA, and (3) the sources of federal
technical assistance that are available to help public transportation
providers, businesses, and state and local governments comply with ADA
requirements and what gaps, if any, exist.
Surface transportation, for the purposes of this report, includes public
transportation (such as buses, subways, trolleys, and commuter rail),
ADA-complementary paratransit (provided within 3/4 of a mile of a bus
route or rail station, at the same hours and days as fixed-route transit,
for no more than twice the regular fixed-route fare), intercity passenger
rail (National Railroad Passenger Corporation, known as Amtrak), intercity
buses, and privately operated transportation that is open to the public
(such as taxis and airport shuttles). Maritime and aviation are excluded
from our scope, as are school transportation and the Alaska Railroad.
To describe what is known about the extent of ADA compliance for surface
transportation and public rights-of-way, we reviewed and analyzed relevant
portions of the ADA, as well as related federal regulations and guidance.
We also reviewed the literature on transportation accessibility, such as
the National Council on Disability's reports on the status of compliance
with the ADA,^2 and interviewed federal officials from the U.S.
Architectural and Transportation Barriers Compliance Board (Access Board);
the U.S. Department of Justice's (DOJ) Civil Rights Division; and the U.S.
Department of Transportation's (DOT) Office of Civil Rights and modal
administrations, including the Federal Highway Administration, Federal
Motor Carrier Safety Administration, Federal Railroad Administration, and
Federal Transit Administration. In addition, we interviewed officials from
the National Council on Disability and Amtrak. We obtained data from
Amtrak and the Federal Transit Administration's National Transit Database
on the number of accessible vehicles and stations. To assess the
reliability of these data, we spoke with agency officials about data
quality control procedures and reviewed relevant documentation. We
determined the data were sufficiently reliable for the purposes of this
report. We also obtained accessibility data from reports by DOT's Bureau
of Transportation Statistics and the National Council on Disability, as
well as from the National Organization on Disability's 2004 Harris Survey.
Given that these data were used for background purposes, we did not assess
their reliability.
^1Public rights-of-way include pedestrian access to sidewalks and streets,
through crosswalks, curb ramps, pedestrian signals, and parking, among
other things.
^2National Council on Disability, The Impact of the Americans with
Disabilities Act: Assessing the Progress Toward Achieving the Goals of the
ADA (Washington, D.C.: July 26, 2007); Implementation of the Americans
with Disabilities Act: Challenges, Best Practices, and New Opportunities
for Success (Washington, D.C.: July 26, 2007); The Current State of
Transportation for People with Disabilities in the United States
(Washington, D.C.: June 13, 2005); and Promises to Keep: A Decade of
Federal Enforcement of the Americans with Disabilities Act (Washington,
D.C.: June 27, 2000).
To identify any difficulties the federal government faces in overseeing
and enforcing compliance with the ADA, we interviewed Access Board, DOJ,
and DOT officials (including officials from one of the Federal Transit
Administration's regional offices) and analyzed documentation regarding
oversight requirements and activities, including information on the type
and frequency of activity, processes by which entities are selected for
review or investigation, and resulting enforcement activities, if
applicable, as well as the processes for receiving, processing, and
responding to complaints. We also obtained and analyzed DOJ and DOT's
ADA-related complaint data. In addition, we reviewed DOJ and DOT's annual
reports, strategic and performance plans, and other related documents to
identify agency and program goals, performance targets, and data collected
for performance indicators related to improving ADA compliance.
To describe the sources of available federal technical assistance and
determine whether any gaps exist, we interviewed and obtained
documentation from Access Board, DOJ, and DOT officials and key technical
assistance providers (such as Easter Seals Project ACTION). We also
obtained and analyzed information on the processes by which federal
agencies determine how to target this assistance.
To address all three of the objectives, we also interviewed 14 national
industry associations and disability organizations (see table 3) to obtain
their perspective on what is known about ADA compliance; federal technical
assistance, including any potential gaps in such assistance; and federal
ADA-related oversight and enforcement activities.
Table 3: National Industry Associations and Disability Organizations
Interviewed for Our Review
Industry associations
American Association of State Highway and Transportation Officials
American Bus Association
American Public Transportation Association
Association of Programs for Rural Independent Living
Community Transportation Association of America
Easter Seals Project ACTION
Institute of Transportation Engineers
Taxicab, Limousine & Paratransit Association
United Motorcoach Association
Disability organizations
American Council of the Blind
Disability Rights Education and Defense Fund
National Disability Rights Network
National Organization on Disability
Paralyzed Veterans of America
Source: GAO.
To illustrate experiences that transportation providers and state and
local governments have had with federal ADA-related technical assistance
and oversight and enforcement activities, we supplemented the information
from our federal interviews and documentation with interviews with
officials in eight cities. The interviews included officials from 2 state
departments of transportation, 11 local transportation agencies, 6 private
transportation providers, 4 local governments, 4 centers for independent
living, 2 technical assistance centers, and 2 local disability advocacy
groups. We selected the eight cities to obtain diversity in the following
criteria:
o Experience with federal ADA oversight and enforcement
processes--We identified cities in which public transportation
providers or government entities had been subject to federal
oversight and enforcement processes, including FTA compliance
reviews and DOJ Project Civic Access reviews. We also included
transportation providers (public and private) or government
entities listed in DOJ's complaint database, those with whom DOJ
had negotiated a consent decree or settlement agreement, or those
whom FTA had investigated in response to a complaint and issued a
letter of finding.
o Population--We selected a mixture of urbanized areas with very
large populations (greater than 1 million), large populations
(200,000-1 million), and small populations (50,000-199,000), as
defined by FTA.
o Geographic diversity--We selected cities from around the United
States.
o Other criteria--We also selected cities involved in additional
transportation accessibility areas, including both National
Organization on Disability Accessible America Award winners or
runners-up in 2005 and 2006, and parties to private lawsuits
identified through Internet searches, ADA-related literature, and
our federal and national interviews.
Table 4 lists the eight cities that we selected on the basis of
these criteria and the agencies that we interviewed. The results
of these interviews cannot be used to make inferences about the
entire population because the cities were selected from a
nongeneralizable sample. However, we determined that the selection
of these cities was appropriate for our design and objectives and
that the selection would generate valid and reliable evidence to
support our work.
Table 4: State and Local Organizations Interviewed for Our Review
Location Organization
Albany, NY Capital District Coalition for Accessible Transportation
Capital District Transportation Authority
Capitaland Taxi
New York Association on Independent Living
Chicago, IL Chicago Department of Transportation
Chicago Transit Authority
Coach USA
City of Chicago Mayor's Office for People with
Disabilities
Disability Rights Consortium
Equip for Equality
Great Lakes ADA Center
Illinois Department of Transportation
Metra-commuter rail
Pace Bus
University of Chicago
Dallas, TX Dallas Area Rapid Transit
Greyhound Bus Lines
Hartford, CT Connecticut Department of Transportation
City of Hartford
Joliet, IL City of Joliet
Will County Executive
Will-Grundy Center for Independent Living
Kingston, NY Adirondack Trailways
Kingston Citibus
Resource Center for Accessible Living, Inc.
Ulster County Area Transit
Los Angeles, CA Access Services, Inc.
Los Angeles Metro
Springfield, MA Peter Pan Bus Lines
Pioneer Valley Transit Authority
Stavros Advocates for Independent Living
Source: GAO.
We conducted this performance audit from November 2006 through
July 2007 in accordance with generally accepted government
auditing standards. Those standards require that we plan and
perform the audit to obtain sufficient, appropriate evidence to
provide a reasonable basis for our findings and conclusions based
on our audit objectives. We believe that the evidence obtained
provides a reasonable basis for our findings and conclusions based
on our audit objectives.
Appendix III: The Disability Law Coordinating Council
In March 2003, the Secretary of Transportation established a
working group known as the Disability Law Coordinating Council to
coordinate the Department of Transportation's (DOT)
disability-related interpretations, guidance, and policies. The
council is led by the Office of General Counsel and includes
representatives from the Federal Highway Administration, Federal
Motor Carrier Safety Administration, Federal Railroad
Administration, Federal Transit Administration, and National
Highway Traffic Safety Administration.
Its purpose, according to DOT officials, is to coordinate DOT's
disability-related regulations and ensure that guidance and
interpretations are consistent among DOT offices and consistent
with DOT regulations that implement the Americans with
Disabilities Act of 1990 (ADA), among other acts. It meets once a
month for members to discuss what each modal administration is
doing, uncertainties or questions that have arisen and where
additional guidance would be useful. The council conducts its
business informally, without formal agendas, minutes, or notes
from its meetings.
DOT proposed to codify the council's role in its February 2006
notice of proposed rulemaking. DOT states that the proposed
regulatory change would codify DOT's procedure with regard to the
council and provide better notice to the public regarding the
council's actions. The proposal has generated some controversy,
however. For example, one major industry association has expressed
concern that DOT's proposal does not discuss what authority the
council would have to interpret the ADA and implement regulations
and what balance would be struck between the council's and FTA's
authority.
Appendix IV: Comments from the National Railroad Passenger Corporation
(Amtrak)
Appendix V: GAO Contact and Staff Acknowledgments
GAO Contact
Katherine Siggerud, (202) 512-2834, or [email protected]
Staff Acknowledgments
In addition to the individual named above, other key contributors
to this report were Catherine Colwell, Assistant Director; Ashley
Alley; Jean Cook; Catherine Kim; Jessica Lucas-Judy; Stan
Stenersen; and Travis Thomson.
(542104)
www.gao.gov/cgi-bin/getrpt? [47]GAO-07-1126 .
To view the full product, including the scope
and methodology, click on the link above.
For more information, contact Katherine Siggerud at (202) 512-2834 or
[email protected].
Highlights of [48]GAO-07-1126 , a report to the Chairman, Subcommittee on
Transportation, Housing and Urban Development, and Related Agencies,
Committee on Appropriations, House of Representatives
September 2007
TRANSPORTATION ACCESSIBILITY
Lack of Data and Limited Enforcement Options Limit Federal Oversight
The Americans with Disabilities Act of 1990 (ADA) provides people with
disabilities the legal right to access transportation and public
rights-of-way, including sidewalks and street crossings. The Department of
Transportation (DOT) and Department of Justice (DOJ) share responsibility
for overseeing ADA compliance.
GAO was asked to review federal oversight and enforcement of ADA
compliance, including (1) what is known about compliance, (2) difficulties
the federal government faces in overseeing and enforcing compliance, and
(3) the sources of federal help and any gaps in that help. GAO's work
encompassed a wide range of federal agencies and other entities, such as
industry associations, transportation providers, and disability advocacy
groups, as well as detailed reviews in eight cities across the country.
[49]What GAO Recommends
GAO makes several recommendations to DOT and Amtrak to improve data and
guidance for ADA compliance, increase coordination and communication
across federal agencies, and develop a legislative proposal to enable DOT
to impose fines for noncompliance with the ADA. DOT agreed to consider the
recommendations. Amtrak officials said the recommendations are likely to
be ineffective for them without more funding and clearer federal
requirements.
While data indicate accessibility is improving for public transit, the
extent of ADA compliance for other modes of transportation and public
rights-of-way is unknown due to the lack of reliable data. For example,
there are no national data on compliance with requirements for ADA
paratransit--transit service that complements bus or rail transit. The
Federal Motor Carrier Safety Administration solicits compliance data from
registered commercial bus companies, but the response rate is low (13
percent in 2006), and the agency has not verified or analyzed the data. In
other instances, such as the accessibility of Amtrak's train stations,
data are still being developed.
Federal agencies face three main difficulties overseeing and enforcing
compliance. First, they differ greatly in the degree to which they have an
oversight framework in place. For example, the Federal Transit
Administration has a memorandum of understanding in place with DOJ
specifying each agency's responsibilities for public transit, while the
Federal Railroad Administration and Federal Motor Carrier Safety
Administration have no formal mechanism for coordinating with DOJ. Second,
federal agencies' lack of data about compliance limits DOT's ability to
target its oversight and enforcement efforts. Only the Federal Transit
Administration uses data in this manner. Third, DOT officials regard their
enforcement options, such as withholding grant money, as lengthy and
complex processes that would not be undertaken lightly. DOT officials said
the authority to impose fines--an option they lack--would be more useful.
Federal agencies provide a variety of technical assistance to help
entities comply with the ADA, but gaps in regulations and guidance exist.
For example, one gap involves a requirement for local governments to
develop plans for identifying and correcting accessibility problems with
public rights-of-way (such as shown in the figure below). As a result, GAO
found confusion about which entities needed to develop the plans and how
to use and update plans once they were developed. DOJ officials said most
localities had not developed such plans, leaving themselves open to
private lawsuits and federal enforcement action.
Example of Inaccessible Sidewalk in a Downtown Area
Note: This is a recent construction project in a downtown area where a
median was installed in the main street, but curb ramps were not installed
in the existing sidewalks, as required.
GAO's Mission
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References
Visible links
42. http://www.gao.gov/cgi-bin/getrpt?GAO-02-775
43. http://www.gao.gov/cgi-bin/getrpt?GAO-03-697
44. http://www.gao.gov/cgi-bin/getrpt?GAO-06-156EUR
45. http://www.gao.gov/cgi-bin/getrpt?GAO-06-145EUR
46. http://www.gao.gov/cgi-bin/getrpt?GAO-07-999R
47. http://www.gao.gov/cgi-bin/getrpt?GAO-07-1126
48. http://www.gao.gov/cgi-bin/getrpt?GAO-07-1126
50. http://www.gao.gov/
51. http://www.gao.gov/
52. http://www.gao.gov/fraudnet/fraudnet.htm
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