Disability Law Handbook

Transportation and the ADA

Is public transportation covered by the ADA?

Yes. If it is offered by a state or local government, it is covered by Title II of the ADA. If it is offered by a private company, it is covered by Title III.

Do all buses have to be accessible to people who use wheelchairs?

At this point, nearly all buses are required to be accessible. When the ADA was passed in 1990, it required that any new bus that was leased or purchased after that date would have to be accessible to people who use wheelchairs, but it did not require retrofitting of older buses. Since buses are generally replaced after 10 or 12 years, it would be very rare to have an inaccessible bus still in the fleet, since the ADA was passed 19 years ago. 

Do bus drivers have to let people besides wheelchair users – people who have other kinds of disabilities -- ride the buses?

Bus drivers may not discriminate against people because of a disability. No transit provider may deny any person with a disability, on the basis of disability, the opportunity to use the transit provider’s service.

Are taxicabs covered by the ADA even if they are driven by private independent contractors?

Yes. Taxicabs are still covered by the ADA even if the drivers are not technically employees of a cab company.

Are shuttle buses on college campuses covered by the ADA?

The ADA does not require a college campus to offer a shuttle bus system, but if it does, then students with disabilities must be able to ride the shuttle system or be provided with equivalent transportation.

Are rides at amusement parks covered by the transportation requirements of the ADA?

It depends on what you mean by “rides.” If you’re talking about roller coasters or ferris wheels or adventure rides, then no. Those rides are still covered by the ADA, but they would not be covered by the transportation requirements. But if you’re talking about trains or trolleys that go around the park just to transport people from one attraction to another, then the answer is yes. They are subject to the transportation requirements of the ADA, as are parking lot shuttles at amusement parks.

What is paratransit?

Paratransit is a transportation service that supplements public transit fixed route systems by providing door-to-door service for individuals with disabilities who cannot use the fixed route service.

Do all cities or counties have to offer paratransit service?

Any public entity that offers a fixed route service must also offer paratransit because there will always be some individuals with disabilities who are unable to navigate the fixed route systems on their own.

Is paratransit free?

No. Paratransit fares may not exceed twice the fare that would be paid by a person paying full fare on a comparable trip on the fixed route system.

Is every person who has a disability eligible for paratransit?

No. There are three categories of eligibility for paratransit:

  1. Individuals who cannot navigate the fixed route system, as a result of a physical or mental impairment, without the assistance of another individual (other than the operator of a wheelchair lift or other boarding device);
  2. Individuals with disabilities who can use buses that have wheelchair lifts, but want to travel on a route that uses buses that are not accessible; and
  3. Individuals with disabilities who have specific impairment-related conditions that prevent the person from traveling to a boarding location or from a disembarking location. It must really prevent the travel and not just make it more difficult.

Does paratransit have to cover the same areas as the fixed route service covers?

The transit agency has to provide paratransit to and from places within corridors that are ¾ mile on each side of all fixed bus route service – making the corridor 1.5 miles wide.

What days and hours does paratransit have to be offered?

Paratransit must be available throughout the same hours and days as the transit agency’s fixed route service.

Are rail and light rail systems covered by the ADA?

Yes. The Department of Transportation has specific technical standards for rail cars which include things like automatic door closing alarms, access for wheelchairs, tactile signs and other signage requirements, handrails, public address systems, non-slip surface requirements, handrails specifications, and other accessibility features.

If a state or local government doesn’t directly provide transportation, but contracts with a private company to provide the service, does the government entity still have to comply with the ADA?

Yes. The regulations specifically say that the government cannot evade its responsibility under the ADA by contracting with private companies. The private companies are essentially seen as being agents of the governmental entities and so they have the same accessibility requirements as the government does under the ADA.

Our city government issues permits, sort of like a franchise, for taxis to operate. Does that make the city responsible for the taxis’ compliance with the ADA?

No. That’s a little different than having a contract with the government entity. If the government issues permits, franchises, or licenses, that does not confer any kind of an “agent” status. However, taxis are still covered by Title III of the ADA as a public accommodation.

Are taxicabs covered by the ADA even if they are driven by private independent contractors?

Yes. Taxicabs are still covered by the ADA even if the drivers are not technically employees of a cab company. This does not mean that sedan-type vehicles have to be accessible to wheelchairs, but it does mean, among other things, that if a person can transfer from the wheelchair to the backseat of the taxi, the driver must allow the passenger to do so, and place the wheelchair in the trunk of the cab, in the same way that the driver would place a passenger’s luggage in the trunk of the cab.

What other kinds of things would a taxi driver who drives a sedan-type vehicle have to do to comply with the ADA since it can’t accommodate a wheelchair?

Drivers must not discriminate against individuals with disability. They must allow a service animal to be in the taxi with the owner, even if there is a “no pet” policy. Taxi drivers may not insist that a person in a wheelchair wait for a lift-equipped van as long as the person can transfer to the backseat and the wheelchair can be stowed in the trunk. Drivers may not impose a surcharge on a person with a disability just because the person has a disability.

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