Guidance Questions and Answers Concerning 49 CFR Part 39, ADA Rules Concerning Passenger Vessels

39.5

QUESTION: ARE PASSENGERS WHO TRAVEL ON A PVO’s VESSEL ONLY BETWEEN TWO FOREIGN PORTS PROTECTED BY THE REQUIREMENTS OF THE RULE?

ANSWER:

*Such passengers are not covered by the protections of the rule.

*For example, suppose Passenger X boards a vessel in Los Angeles and travels to Australia, with a stopover in Tahiti. Passenger Y boards the same vessel in Tahiti and travels to Australia. Both passengers disembark in Melbourne. Passenger X is covered by the protections of the rule, while Passenger Y is not.

*The reason for this distinction is that it would not be appropriate to extend the Department’s jurisdiction under the ADA to attempt to cover passengers traveling only between two foreign ports.

*Nevertheless, to avoid the appearance or reality of unfairly disparate treatment of passengers with disabilities depending on where they board or leave vessels, the Department urges PVOs to treat all passengers equally with respect to disability nondiscrimination matters.