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

39.51, 39.35, 39.37, 39.5

QUESTION: HOW IS IT DETERMINED WHAT KIND OF AUXILIARY AID OR SERVICE A PVO WILL PROVIDE TO A PASSENGER WITH A DISABILITY?

ANSWER:

*Under Part 39, a PVO has the responsibility to ensure effective communication with persons with disabilities, by use of auxiliary aids or services where needed. The ultimate decision about what means of communication to use rests with the PVO, as long as the method chosen results in effective communication.

*The type of auxiliary aid or service needed to ensure effective communication will vary in accordance to with the method of communication used by the passenger; the nature, length, and complexity of the communication involved; and the context in which the communication is taking place.

*The PVO should consult with passengers with disabilities whenever possible to determine what type of auxiliary aid or service is needed to ensure effective communication.

*To facilitate arrangements, a passenger should notify the PVO as soon as possible if he or she seeks a particular auxiliary aid or service (e.g., a document in Braille or large print, use of a sign language interpreter or a TTY). The PVO and the passenger should consult about these matters so that a decision about what auxiliary aid or service to provide can be made in a timely manner.

*Because locating a sign language interpreter to provide services to a passenger on some types of voyages can be time-consuming and difficult for PVOs, it is particularly important for passengers to make requests for this service as soon as possible,