Implementing the U.S. DOT Reasonable Modification Rule

TRB’s Transit Cooperative Research Program (TCRP) Synthesis 142: Implementing the U.S. DOT Reasonable Modification Rule provides an overview of the current state of practice regarding transit systems implementation of the U.S. Department of Transportation’s (DOT’s) Americans with Disabilities Act of 1990 (ADA) regulation 49 C.F.R Part 37.

The report describes the experiences of agencies as they make reasonable modifications to their practices and policies in order to both respond to the regulation and ensure service to people with disabilities. The report also includes case examples of six transit systems, which present an in-depth analysis of the issues, opportunities, challenges, lessons learned, and keys to success in implementation of reasonable modifications . The need for future research is also discussed.

Under the U.S. DOT regulations for implementing the ADA and Section 504 of the Rehabilitation Act of 1973 (49 C.F.R. Parts 37 and 27), transportation service providers and recipients of federal funding are required to ensure their services do not discriminate against people with disabilities.

In 2015, the U.S. DOT amended 49 C.F.R. Parts 27 and 37 to require transportation entities to make “reasonable modifications/accommodations to policies, practices, and procedures to avoid discrimination and ensure that their programs are accessible to individuals with disabilities.” Effective July 13, 2015, 49 C.F.R. §37.169 of this final rule requires that public entity transit providers develop their own processes for making decisions and for providing reasonable modifications to their policies and practices.