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Old 07-30-2010, 06:20 PM   #37
always emerging from hibernation
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Join Date: Apr 2007
Location: In view of the Smoky Mountains
Posts: 3,740

Originally Posted by KPeveler View Post
I am most interested in what will happen with buses. How does one tie down a Segway. I was under the impression that mobility devices had to be secured safely (holding on is not safe) per federal regulations...

Also, does this law extend to public transportation? Or just to pedestrian areas?
This is understandably complex, primarily because different federal agencies have jurisdiction over different issues. Justice regulates "public accommodations" (e.g., WDW) but then DOT regulates transportation and the "Architectural and Transportation Barriers Compliance Board" referred to as the "Access Board" is "an independent Federal agency" that "develops and maintains design criteria for the built environment, transit vehicles, telecommunications equipment, and for electronic and information technology."

As to buses, CR ESQ has posted guidance from the DOT. It is not legally binding but reflects the opinion of the agency. A bus operator who follows the guidance can say it acted in good faith. Refusing to follow the guidance would not be an automatic legal violation but it could, if a court agreed, be illegal. The court is not required to agree. Odds are it would.

On July 26, 2010, the Access Board (which is separate from the DOT) stated in a notice of proposed rulemaking:

Transit operators who commented the drafts of the proposed rule requested guidance on the transportability of certain size wheelchairs and mobility devices (e.g., Segways). The Department of Transportation is responsible for issuing regulations regarding the provision of transportation services to individuals with disabilities under the Americans with Disabilities Act. The Department of Transportation regulations specify the size of wheelchairs that must be transported. The Department of Transportation has also issued guidance on the use of Segways on transportation vehicles. The Department of Transportation will conduct a separate rulemaking to amend its regulations so that the accessibility standards included in the regulations are consistent with the revisions to Access Board’s transportation vehicle guidelines. Comments on transportability of certain size wheelchairs and mobility devices, and other service issues should be submitted to the Department of Transportation when it amends its regulations.
Best of all, making a comment is free. It can be done online (regulations.gov). You don't have to be a lawyer. Just a person with an opinion. Sadly, I just don't think anyone on this board has an opinion.
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