News Feature

NCD #02-378
August 9, 2002
Contact: Mark S. Quigley
202-272-2004
202-272-2074 TTY
mquigley@ncd.gov

National Council on Disability Feature: Remove Transportation Barriers for People with Disabilities

WASHINGTON-The National Council on Disability (NCD) released its 2001 annual National Disability Policy: A Progress Report, on July 26, 2002. The report addresses several important issues related to people with disabilities. This feature highlights issues related to transportation, including barriers to accessible transportation and the status of statutory and regulatory provisions designed to advance access and equity in the nation's transportation systems.

Air Travel
In March 2000, Congress enacted the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21), which contains important changes to the Federal Aviation Act and to the Air Carrier Access Act (ACAA) of 1986. These amendments strengthened in both laws the mandates of nondiscrimination against air travelers with disabilities. The NCD Report includes a number of recommendations regarding this reform.

• NCD asks the Department of Transportation (DOT) Secretary to indicate progress made toward implementing the international agreements set forth in the new law, including identification of which bilateral or multinational agreements have not been negotiated and when that might occur. Finally, NCD recommends that DOT indicate the need for further resources or legislative support that could be of assistance in pursuing these policy objectives.
• NCD asks DOT to respond to the question: to what extent have domestic (and, if applicable, foreign) carriers complied with issues such as the need for timely and appropriate assistance for individuals with disabilities? If the recommendations have not been implemented, NCD recommends regulatory measures as an adjunct to voluntary efforts.
• NCD recommends an additional departmental guidance, using examples drawn from reported experiences, to make the principles of nondiscrimination more concrete. Additionally, NCD recommends that the Federal Aviation Administration consider an additional module on ACAA training for airport security personnel. And, finally, the Report suggests that DOT move quickly to clarify the responsibility of the new Transportation Security Administration in relation to ACAA and take steps to resolve any uncertainties that may arise with overlapping and/or parallel complaint mechanisms.

Accessibility of Intercity Buses
DOT has committed substantial multiyear resources to over-the-road-bus accessibility, which have resulted in a number of initiatives to eliminate discriminatory practices. NCD recommends that DOT report on the status of these initiatives and on whether the departmental and congressional expectations for accessibility of city-to-city fixed route, rural, commuter, charter, and tour bus services are likely to be met within the applicable time frames. Additionally, NCD recommends that DOT report on the compliance by participating bus operators, transit companies, and public transit authorities with all applicable legal requirements bearing on vehicle accessibility and on the provision of reasonable accommodations. NCD points out that the law is clear and no justification continues for considering the TEA-21 requirements as voluntary. Finally, NCD strongly recommends that DOT not authorize or enter into any further voluntary compliance agreements with carriers.

DOT-DOJ Collaboration
NCD has commended litigation efforts of the Department of Justice (DOJ) and urged more intense collaboration with DOT in identifying cases of persistent noncompliance with transportation accessibility requirements. NCD now recommends that DOT and DOJ report on the current status of the government's pursuit of remedies against bus operators discriminating against passengers with disabilities. NCD also recommends that DOJ and DOT jointly develop a system for monitoring agreed-on or court-ordered remedies to promptly identify and rectify departures from the remedies.

New Freedom Initiative
The New Freedom Initiative includes major recognition of the role that barriers to accessible transportation play in the non-integration of people with disabilities. Consistent with this awareness, the Administration's budget requests for FY 2002 (and FY 2003) proposed funding for pilot transportation accessibility projects and transportation improvement matching grants. NCD recommends that Congress reconsider these funding requests and give DOT such authority and resources as it may need to implement these two new programs on an innovative and inclusive basis. NCD also recommends that DOT encourage both pilot and competitive matching grant program applications from the broadest range of eligible entities, including region-specific modalities such as commuter rail, light rail, inland water craft, and subway.

The NCD Report also emphasizes the fact that inaccessibility of transportation is not limited to vehicular barriers. Virtually every disability subpopulation faces obstacles such as inaccessibility of print-only maps, timetables, signage, announced-only delay or detour information, and inaccessibility of fare and ticket machines and recommends that DOT be mindful of these issues as well.

Research and Technological Innovation
Recent advances in transportation technology-ranging from the global positioning system and other remote guidance tracking systems to new designs in energy-efficient, high speed scooters-have created exciting possibilities for increased accessibility and independence.

Testing and evaluation efforts must be organized to include people with disabilities. NCD recommends that DOT and the National Institute on Disability and Rehabilitation Research join with other suitable entities to facilitate utilization of new transportation technology for people with disabilities and to ensure that the results of experimental use are made known to the manufacturers in a timely manner. This is to ensure that the findings be incorporated into field testing, and design enhancements can occur during the early stages of development.

Paratransit
Anecdotal reports continue to abound from people with disabilities about accessibility issues in the design and delivery of paratransit services throughout the country. To address these concerns, NCD recommends that DOT take actions to ensure effective oversight of paratransit services and meaningful opportunities for the resolution of problems and redress of grievances. In addition, NCD recommends that the Department maintain flexibility to accommodate experimental projects, non-traditional providers and new methods and technologies for paratransit services.

DOT Calls for Comments
On July 31, the DOT Secretary called for comments on the reauthorization of the nation's surface transportation programs, which expire September 30, 2003. Participants are encouraged to use the DOT Web site to submit comments online by logging onto and clicking on "Surface Transportation Reauthorization." Written comments may be sent to the Docket Clerk, USDOT, Room PL-401, Docket Number OST-2002-12170, 400 Seventh St., SW, Washington, DC 20590.

For more information, contact Mark Quigley at 202-272-2004 or Celane McWhorter at 703-683-1166.

Source: National Disability Policy: A Progress Report, December 2000-December 2001 http://www.ncd.gov/newsroom/publications/progressreport_07-26-02.html