Is the replacement of a staircase at an existing public transportation facility an “alteration” that affects or could affect the usability of a facility for purposes of the ADA and...
Search Results "Public Transportation"
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Questions presented:
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49 CFR Part 38 - ADA Accessibility Specifications for Transportation Vehicles (with amendments issued through 2014)
Authority: 42 U.S.C. 12101-12213; 49 U.S.C. 322. Source: 56 FR 45756, Sept. 6, 1991, unless otherwise noted.
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§35.102 Application (Section-by-Section Analysis)
Paragraph (b) of §35.102 explains that to the extent that the public transportation services, programs, and activities of public entities are covered by subtitle B of title II of the Act...
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DOT’s ADA Regulations
DOT’s ADA regulations implement the transportation and related provisions of titles II and III of the ADA....
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§35.102 Application
Paragraph (b) of § 35.102 explains that to the extent that the public transportation services, programs, and activities of public entities are covered by subtitle B of title II of the Act...
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II-1.2000 Public entity
II−1.2000 Public entity....
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§ 36.304(c)(1)
(1) First, a public accommodation should take measures to provide access to a place of public accommodation from public sidewalks, parking, or public transportation....
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2.7 Vehicle and Transportation Systems Accessibility.
Under DOT ADA Title II, Subpart B, and Title III regulations in 49 CFR parts 37 and 38, public entities that provide designated or specified public transportation or intercity or commuter...
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209.2.2 Bus Loading Zones
The terms "designated public transportation" and "specified public transportation" are defined by the U. S....
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Department of Transportation, Federal Transit Administration
Department of Transportation, Federal Transit Administration offers information on the public transit provisions of the ADA....
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Brief Answers
federal appellate case law, and the Department of Justice’s (DOJ) interpretation of the ADA’s legislative history each dictate that costs and cost-disproportionality may be considered by a public...
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§ 35.102 Application.
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§ 35.102(b)
(b) To the extent that public transportation services, programs, and activities of public entities are covered by subtitle B of title II of the ADA, they are not subject to the requirements...
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§ 37.5(i) Public and private entity distinctions
(i) Public and private entity distinctions.—...
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§35.102 Application.
§35.102 Application.
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Sec.36.304(c)(1)
(1) First, a public accommodation should take measures to provide access to a place of public accommodation from public sidewalks, parking, or public transportation....
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209.2.2 Bus Loading Zones
The terms "designated public transportation" and "specified public transportation" are defined by the Department of Transportation at 49 CFR 37.3 in regulations implementing the Americans...
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I. Staircase Replacements Are Alterations That Affect or Could Affect Usability
Replacing a staircase at a public transportation facility (A) is an alteration for purposes of the ADA and DOT’s implementing regulations and (B) affects or could affect the usability of...
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II. Cost-disproportionality Is Only a Factor Under Certain Circumstances
Reg. 35544, 35581 (July 26, 1991) (Title II of the ADA regarding public services and public transportation is identical in pertinent language to Title III of the ADA) (“Costs are to be considered...
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F209.2.2 Bus Loading Zones
The terms "designated public transportation" and "specified public transportation" are defined by the Department of Transportation at 49 CFR 37.3 in regulations implementing the Americans...
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Conclusion
pedestrian ramp, passageway between platforms, staircase, escalator, etc.) in an existing facility is itself the subject of alteration and is therefore subject to 49 CFR § 37.43(a)(1), the public...
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§ 37.169 Process to be used by public entities providing designated public transportation service in considering requests for reasonable modification
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Bus Loading Areas and On-Street Bus Stops [§209.2.2 and §209.2.3]
This includes bus service provided by public transit agencies and other state or local government entities, excluding public school transportation (referred to as “designated public transportation...
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Bus Loading Zones: ADA Standard Section 209.2.2
Section 209.2.2 covers scoping requirements in the current ADA Standards for bus loading zones.