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Disability Access
Transportation  

Transportation

Transportation is a vital link that allows people with disabilities to enjoy and participate in the many aspects of society, including work, commerce and leisure activities. Both Federal and State law address transportation specifying that no entity shall discriminate against an individual with a disability in connection with the provision of transportation service.

Both private and public entities are subject to the access laws and they address not only vehicles, but also stations. Public transportation provided by private entities, such as buses, trains and taxicabs is subject to accessibility requirements.

Information on compliance can be found by following the links for each specific law.


Laws

ADA Title II - Public Transportation

The transportation provisions of Title II cover public transportation services, such as city buses and public rail transit (e.g. subways, commuter rails, Amtrak).

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Resources for Transportation Issues

 

General Information

Federal Transportation Administration ADA page at http://www.fta.dot.gov/ada/

Department of Transportation ADA page at http://www.dot.gov/citizen_services/disability/disability.html

Accessibility Guidelines for Vehicles see the Access Board http://www.access-board.gov/transit/html/vguide.htm

Paratransit

Paratransit is comparable transportation service required by the ADA for individuals with disabilities who are unable to use fixed route transportation systems.

Bureau of Transportation Statistics National Transportation Library Americans with Disabilites Act Paratransit Eligibilty Manual http://ntl.bts.gov/DOCS/manual.html

Rocky Mountain Disability Business and Technical Assistance Center Paratransit eligibility http://www.ada-infonet.org/documents/transportation/paratransit-eligibility.asp

Protection and Advocacy, an organization that works in partnership with people with disabilities, offers several publications dealing with individuals with disabilities and transportation. For more information see the Protection and Advocacy website. http://www.pai-ca.org/

Driving and Parking

Driver's Licenses

The right to a driver's license is not absolute, and licensing standards vary from state to state. In California, an individual with a physical or mental disability may not be refused a driver's license if it is decided by the Department of Motor Vehicles (DMV) that the disability does not affect the individual's ability to operate a vehicle.

Parking Privileges

California law provides special parking privileges to individuals with disabilities who drive. In order to take advantage of most of these privileges, the vehicle of a person with a disability must display either a distinguishing license plate or distinguishing placard, both of which can be obtained on a permanent or temporary basis from the DMV. (Cal. Veh. Code, § 22511.55 et seq.)

Parking spaces identified with blue curb paint are exclusively for the use of people with disabilities. (Cal. Veh. Code, § 21458 (a)(5).)

Local authorities generally decide where special parking spaces will be located. In addition to designating reserved parking spaces on streets and in public lots, local authorities may require private parking facilities which are open to the public to reserve a certain number of spaces for the vehicles of people with disabilities. Any parking facility controlled by a State agency must reserve a certain number of spaces. If a State agency does not have its own parking facility, the agency must ask local authorities to reserve on-street spaces immediately adjacent to the agency property for the use of individuals with disabilities. (Cal. Veh. Code, §§ 21107.8, 22511.7 and 22511.8; Gov. Code, § 14679.)

In addition to parking in reserved spaces, all vehicles which display distinguishing license plates or placards may park without limit in restricted time parking spaces, and in metered spaces without paying, although vehicles displaying disabled placards reported lost or stolen, or which are otherwise invalid may be cited. (Cal. Veh. Code, §§ 22511.5, 22511.57, and 22652.6; certain red, yellow and white zones are not included.)

Individuals with disabilities must still observe parking regulations that prohibit all stopping, parking or standing, or which reserve spaces for special types of vehicles. (Cal. Veh. Code, § 22511.5.) Vehicle Code § 42001.5 requires the court to impose a fine of not less than $250 on any person convicted of specified parking violations, which can only be suspended if the person convicted possessed a placard or plate, but failed to display it. A court can suspend all but $100 of a fine imposed for blocking a disabled access curb or ramp.

Gas Stations

In California, service stations are required to provide refueling services if a vehicle displays a DMV issued disabled/disabled veterans plates or placard and if the person with the disability asks for assistance. Exemptions from this requirement include only one employee on duty or two employees on duty, but one of which is assigned sole to the preparation of food. Stations are required to post signage indicating that they provide the refueling service as well as signs alerting customers when they cannot provide the service based on a lawful exemption. (Business and Profession Code § 13660)

Air Travel

The Air Carrier Access Act prohibits discrimination in air transportation by domestic and foreign air carriers against qualified individuals with physical or mental impairments. It applies only to air carriers that provide regularly scheduled services for hire to the public. Requirements address a wide range of issues including boarding assistance and certain accessibility features in newly built aircraft and new or altered airport facilities.

Federal Aviation Agency Information for the Air Traveler with a Disability
http://www2.faa.gov/acr/dat.htm

Department of Transportation Air Carrier Access Act Information
http://airconsumer.ost.dot.gov/ACAAcomplaint.htm

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Technical Assistance

California Department of Fair Employment and Housing
The Mission of the Department of Fair Employment and Housing is to protect the people of California from unlawful discrimination in employment, housing and public accommodations, and from the perpetration of acts of hate violence.
http://www.dfeh.ca.gov
Employment/Public Accommodations/Hate Violence:
1-800-884-1684 (Within California)
1-916-227-0551 (Outside California)

The U.S. Department of Justice Americans with Disabilities Act Technical Assistance Program
The ADA requires the Department to provide technical assistance to businesses, State and local governments, and individuals with responsibilities and rights under the law.

http://www.usdoj.gov/crt/ada/adahom1.htm
Toll-Free ADA Information Line:
800-514-0301 (voice)
800-514-0383 (TDD)

The Disability Access Section, California Department of Rehabilitation
The Section serves as a centralized resource for providing public information, training, and technical assistance on FEHA, ADA, and other related disability laws to state entities, agencies, and One-Stop service delivery systems serving persons with disabilities and employers.
E-mail: adatf@dor.ca.gov
916-263-8674 Voice
916-263-8672 TTY

The Disability Rights Education and Defense Fund (DREDF)
The leading national law and policy center in disability civil rights-- DREDF--founded in 1979 by a unique alliance of adults with disabilities and parents of children with disabilities. DREDF's name was chosen to associate and align with the tradition of other civil rights legal defense funds, starting with the NAACP Legal Defense and Educational Fund.
http://www.dredf.org/what.html
510-644-2555 Voice/TTY

Pacific Disability and Business Technical Assistance Center (DBTAC)
Provides information, problem solving assistance and referrals for implementing the ADA and Accessible Electronic and Information Technology (E&IT).

http://www.pacdbtac.org
1-800-949-4232 (Voice &TDD)
510-848-2980 (Voice)
510-848-1840 (TDD)

Disability Direct
As part of President Bush's New Freedom Initiative, his comprehensive plan to reduce barriers to full community integration for people with disabilities, the Department of Labor, in collaboration with other Federal agencies, is in the process of expanding and improving the DisabilityDirect.gov web portal. Accordingly, the existing site will be shut down for a brief period while the new site is under construction. Please join our subscriber list to learn more about the new site as it becomes available.
http://www.disabilitydirect.gov

 

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