Impacts of the Americans with Disabilities Act on Transit Agency Liability (2018) / Chapter Skim
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Pages 30-33
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30 triggered at the time the construction is undertaken, not after it has been completed and litigation has commenced."412 The court remanded the case "for consideration of ‘feasibility' anew, as of the time of construction."413 The Port Authority had raised the issue in the litigation of whether it would be able to acquire the land rights it needed from Jersey City to comply with the ADA. However, the court ruled that "the mere fact that the Authority would now have to acquire land from a third-party [was]
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31 Chapter 6 of the Circular also addresses priority seating and securement areas for wheelchairs427 and adequate time for and assistance with vehicle boarding and disembarking.428 B Acquisition of ADA-Compliant Vehicles for Fixed Route Service Although vehicles used for fixed route service must comply with the ADA, it may be noted that as of 2013 "[n]
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32 that a vehicle is readily accessible for individuals with disabilities, including those who use wheelchairs.445 Amtrak or a commuter authority may purchase or lease a used intercity or commuter rail car that is not readily accessible if it is unable to obtain an accessible one after good faith efforts to do so.446 The FTC Circular explains the requirements that apply to the acquisition of remanufactured commuter railcars.447 E Purchase or Lease of New Rail Passenger Cars for Intercity Rail Transportation It is a violation of the ADA for "a person to purchase or lease any new rail passenger cars for use in intercity rail transportation … unless all such rail cars are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs…."448 There are special rules that apply to single-level passenger coaches and single-level dining cars,449 bi-level dining cars,450 and food services for single-level and bi-level dining cars for persons with disabilities, including those who use wheelchairs.451 F
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33 H Effect of the ADA on Placement and Location of Transit Stops Of forty-seven agencies responding to the survey, forty stated that the ADA had influenced their agency's decisions on the placement or location of transit stops along their agency's routes.468 Thirty-seven agencies stated that the ADA had influenced their decisions on where their agency should relocate or change stops.469 Appendix C to this digest discusses the transit agencies' responses describing how the ADA has influenced, or is influencing, their agencies' decisions.470 As for the adoption of their own policy or other guidance, seventeen agencies said that they have a policy or other guidance regarding ADA requirements and their location or relocation of stops.
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