Disability Law Index - Transportation: Enforcement

Regulation:

49 C.F.R. § 37.11 - Administrative enforcement

(a) Recipients of Federal financial assistance from the Department of Transportation are subject to administrative enforcement of the requirements of this part under the provisions of 49 CFR part 27, subpart C.

(b) Public entities, whether or not they receive Federal financial assistance, also are subject to enforcement action as provided by the Department of Justice.

(c) Private entities, whether or not they receive Federal financial assistance, are also subject to enforcement action as provided in the regulations of the Department of Justice implementing title III of the ADA (28 CFR part 36).

Case Law:

American Bus Ass'n v. Slater, 231 F.3d 1 (D.C. Cir. 2000).

U.S. Department of Transportation lacks the statutory authority to adopt a rule imposing money damages (fines) on bus companies that fail to provide accessible service to passengers with disabilities.
The monetary relief must be awarded by a court in a civil action that was brought by the Attorney General.