WebUnlawful use of means of transportation can result in a conviction of class 5 or class 6 felony. (49 CFR part 37, Appendix A, @ 2.2; 49 CFR part 38, 38.2). These were primarily, but not exclusively, from the blind community. You need to document why you needed the missing records, and why they If, as in many systems, the only transit employee aboard the train is in the driver's compartment in the front car, the employee will not be in a position to see who is sitting in a priority seat in the third car in the train, let alone ask someone to move from it. Some of these commenters expressed the concern that requiring enforcement could lead to confrontations between drivers and passengers or could disrupt service. WebPeople with disabilities are more likely to have income of less than $15,000 compared to people without disabilities (22.3% compare to 7.3%). The problematical features of this lift, as described by the PTSB, include an unusually low head clearance, the tilting action of the lift as it enters the bus, and a "pit" between the lift and the bus entrance when the lift is fully raised but has not entered the bus. 10 0 obj <> endobj * * * * *7. The Department encourages the use of such accommodations, in the interest of improving safe and convenient service to passengers. The study does not point to any safety problems created by the materials for passengers, beyond those that can be inferred from "lift-off." The entity shall permit individuals with disabilities who do not use wheelchairs, including standees, to use a vehicle's lift or ramp to enter the vehicle. These commenters generally viewed the proposal as a necessary step to make sure that passengers with disabilities actually received transportation service they could use. The second was the. One of these commenters opposed the public hearing requirement, while another said public participation should receive greater emphasis. Frequently (e.g., at holiday times or other high-demand periods), Amtrak must obtain additional cars from nearby commuter rail authorities on short notice for a short period of time. The Department strongly urges such training programs to transit providers, both as a way of improving customer service and of reducing any risks which transit providers believe may be created by the use of lifts by standees. The Department understands that this lift model is no longer being manufactured, but remains in use on some buses. These situations, some of which were recounted by fall victims themselves in detail, were in addition to cases in which visually-impaired passengers almost fell off, or had become very fearful of walking on, rail station platforms. The Department said that these concerns do not apply with the same force to a new construction situation, where detectable warnings can be made an integral part of the platform design (e.g., through concrete stamping or other methods not involving retrofit). To clarify this point, the NPRM proposed adding to @ 37.167 a new paragraph spelling out this obligation, which would apply to private as well as public transportation entities. For example, suppose there is a standing agreement between Amtrak and Commuter Authority B. In @ 37.9, paragraph (d) is revised to read as follows:@ 37.9 -- Standards for accessible transportation facilities. We expect economic impacts to be minimal, so we have not prepared a regulatory evaluation. (3) In the case of a request by a public entity that provides transportation services subject to the provisions of subpart D of this part, the required public participation shall include the following:(i) The entity shall contact individuals with disabilities and groups representing them in the community. One of these commenters also asked for guidance on how to treat non-disabled personal care attendants who may want to sit next to a disabled passenger. We also agree with the commenters who suggested that priority seating signs should specify that non-disabled persons should move to make room for someone who needs a priority seat. * * * * *(d) * * *(2) Wheelchair or mobility aid spaces. Because this action had already been taken, it is not necessary for this document to further amend the regulatory text. Another disability community commenter suggested a requirement that the lease of rail cars by Amtrak not be permitted to decrease the overall percentage of Amtrak's fleet that was accessible (i.e., that if Amtrak leased inaccessible cars from a commuter authority, Amtrak would have to obtain accessible cars elsewhere in order to maintain the same percentage of accessibility in its fleet that it had before the lease). Priority seats are intended for people with disabilities in general; a seat near the front of the bus may be as important to a blind individual as to an individual with a mobility impairment. Some letters mentioned the need for detectable warnings for persons who use dogs, as well as those who use canes, as a mobility aid. All of these, in PTSB's view, present clear safety hazards to standees. An official website of the United States government Here's how you know. One disability community. They also asked why we seemed to assume that detectable warnings shouldn't be installed until we were sure they were other component of a rail system. X Other commenters expressed concern about delay (one suggesting a 90-day FTA deadline) or about misleading manufacturer claims of "DOT approved" products. A transit authority and an "elderly and handicapped" advisory committee sought assurance that transit authorities and advisory committees, respectively, would be part of the public participation process. Since the FTA issued these letters, the Access Board published Bulletin # 1 in May 1992, clarifying many of the ambiguities left by its original guidelines and containing a diagram illustrating the pattern prescribed for detectable warning surfaces. PAGE 558 FR 63092, *63093specifically for the rail platform market), they asserted, had solved these problems, and no delay in installation requirements was needed. People using canes or walkers and other standees with disabilities who do not use wheelchairs but have difficulty using steps (e.g., an elderly person who can walk on a plane without use of a mobility aid but cannot raise his or her legs sufficiently to climb bus steps) must also be permitted to use the lift, on request. 57 0 obj <>stream This will inform passengers that such a request may be made and that they should comply. %PDF-1.5 % Every train that Amtrak or a commuter authority operates after that date will have to have an accessible car. In the most recent case, a visually impaired individual apparently fell onto the tracks of a Maryland commuter rail system and was also fatally injured by a train. The Department received over 550 comments on the NPRM, most of which came from individuals with disabilities or organizations representing them, state and local agencies working on disability matters, state and local transportation agencies, and equipment manufacturers. The extension we have provided in this rule should be adequate to permit an aggressive effort by rail properties to address successfully practical concerns about installation. Safety railings on platforms, while perhaps useful for safety of visually impaired passengers, could create crowding and obstacles for other passengers, and might not be practical given that train doors do not always stop at the same point on a platform. 2. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. Under appendix A of part 37, which adopts as part of a DOT regulation the Architectural and Transportation Barriers Compliance Board (Access Board) guidelines for accessible facilities, sections 10.3.1 and 10.3.2, require that an accessible rail station have a 24-inch wide detectable warning strip running the entire length of the platform edge. One transit agency suggested explicitly excluding paratransit vans used for passengers with disabilities from this policy. The NPRM proposed to amend the rule to reflect this situation, allowing equivalent facilitation requests to be made by manufacturers and by transportation entities in other modes. The sixth change would modify the good faith efforts that Amtrak and commuter rail operators would have to make in order to lease used rail vehicles. Receive email updates about the latest in Safety, Innovation, and Infrastructure. It is a significant rule under the Department's Regulatory Policies and Procedures, since it amends the Department's Americans with Disabilities Act rule, which is a significant rule. The Department sought comment on whether this change would improve safety significantly, what the effect would be on consumer access to vehicles, and any other measures that could mitigate any potential safety problems involved with the use of existing lifts while having less significant effects on access. Consistent with requirements of the ADA discussed above, persons who use canes or walkers and other standees with disabilities who cannot readily climb steps into a vehicle must be permitted to use lifts. The study affirms the excellent detectability of materials meeting Federal standards. Share sensitive information only on official, secure websites. 9*H FuE~W*ETZc3: ZVch.Fbu:c _qZv&5RHO3bnK*A2~pwm@)VK8"gB2laaG PAGE 1658 FR 63092, *63098concerning detectable warning materials to make sure that, in all respects, a proposed "equivalent" material truly provides equal or greater detectability and safety benefits. To cover these situations, we proposed changing the rule to authorize the Administrator of the concerned operating Administration to make such a determination, with the concurrence of the Assistant Secretary for Policy and International Affairs in order to ensure consistency. The Access Board standard already requires information about the machines to be provided in a way that persons with impaired vision can use; specifying a voice synthesis capability does not seem necessary and is, in any event, beyond the scope of a proposal focusing on reach range. The first step is to complete the DRC Accommodation Request Form so we can begin to identify your needs. The proposed changes concerned the "reach range" (e.g., how far a person must reach to operate the controls) of ATMs. Mp[ Washington, DC 20590855-368-4200. All documents and other information concerning the request shall be available, upon request, to members of the public. The final rule specifically bars claims by manufacturers that an equivalent facilitation determination constitutes a product endorsement by the Department. The Department's proposal was based on a belief that rail operators may need additional time to resolve concerns over adhesion, durability, and maintainability of detectable warning materials in the context of key station modifications. The Department will also endeavor to respond to requests for equivalent facilitation as soon as possible. Again, I must emphasize he needs to be reasonably sure and NOT When it drafted these provisions, the Department contemplated a small number of requests from transit providers concerning individual facility or vehicle problems on which flexibility in applying accessibility standards could be provided without negative effects on accessibility. (2) The requesting party shall provide the following information with its request:(i) Entity name, address, contact person and telephone;(ii) Specific provision of appendix A to this part with which the entity is unable to comply;(iii) Reasons for inability to comply;(iv) Alternative method of compliance, with demonstration of how the alternative meets or exceeds the level of accessibility or usability of the vehicle provided in appendix A to this part; and(v) Documentation of the public participation used in developing an alternative method of compliance.PAGE 2558 FR 63092, *63102(3) In the case of a request by a public entity that provides transportation facilities (including an airport operator), or a request by an air carrier with respect to airport facilities, the required public participation shall include the following:(i) The entity shall contact individuals with disabilities and groups representing them in the community. This means, of course, that detectable warnings were to be in place by that date. (2) By documenting that, when there is more than one source of intercity or commuter rail cars for a lease of seven days or less, the lessee has obtained all available accessible intercity or commuter rail cars from all sources before obtaining inaccessible intercity or commuter rail cars from any source. As such, training is required, and adequate training time should be allowed. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. If a range of reasonable estimates is supported by sufficient appropriate audit evidence and the recorded estimate is outside of the range of reasonable 10. While the procedures differ, the substantive standard is not less stringent for manufacturers: any party seeking a determination of equivalent facilitation must convince the Department that its proposal really results in equivalent or greater access. Even when Amtrak leases an entire consist from a commuter authority after that date, the consist will necessarily include at least one accessible car, assuming the commuter authority lessor is in compliance with the rule. The study also noted ongoing efforts at improving detectable warning materials. The availability of seating or securement space is an integral part of accessibility (i.e., having a vehicle that is "readily * * * usable by" an individual with a disability). W56-403 ql[' Flt Tvdccd)ek_Q6NKvzA rzm K7~(2Q9;(H Rather, they went to the question of how best. Their focus was on what could happen. 20590. The FTA has learned that some manufacturers have been marketing products as "U.S. Government-Approved" or "ADA-Approved." WebAccording to International Standards on Auditing ISAs, auditor is required to obtain reasonable assurance whether financial statements give true and fair view or in others words he must be reasonably sure that financial statements are free from material misstatements. Two commenters suggested that it would help matters if the standard language on the sign above the priority seats was reworded to say that other passengers were expected to move if a disabled person showed up and needed the space. For a short-term lease of commuter rail cars (i.e., for a period of seven days or less; the Department sought comment on whether this is the appropriate period), Amtrak and commuter authorities could have, in standing. For any key station modification which, because of an extension of time for extraordinarily expensive changes, does not have to be completed until after July 26, 1994, detectable warnings would have to be installed on the same date as other modifications had to be completed. The Act defines a person with a disability to include (1) individuals with a physical or mental impairment that substantially limits one or more major life Seating spaces may have fold-down or removable seats to accommodate other passengers when a wheelchair or mobility aid user is not occupying the area, provided the seats, when folded up, do not obstruct the clear floor space provided (See Fig. Consequently, the rule gives equivalent facilitation authority to the FTA and FRA Administrators. Other commenters suggested adding safeguards to ensure accessibility. 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