11 Firms Accused of Violating ADA
Washington Post Staff Writer
Thursday, March 2, 2006; Page D01

In a recent sweep of 14 bus companies that operate in the busy Washington-New York-Boston corridor, investigators found that 11 carriers had violated the federal law that guarantees interstate service to disabled passengers, according to government officials.

The alleged violations are being probed by the Justice Department, which enforces the Americans with Disabilities Act, officials said. The ADA requires, for example, that large carriers -- with annual revenue of $7.2 million or more -- outfit at least some of their buses with wheelchair lifts. Disabled passengers must give smaller bus lines 48 hours' notice, but the carriers must find a way to accommodate them.

"There have been some pretty horrendous stories" about disabled passengers being denied bus service, said Annette M. Sandberg, who heads the Federal Motor Carrier Safety Administration, which regulates the interstate bus and trucking industries.

Sandberg will be front and center at a congressional hearing today on low-fare bus carriers, which offer rates as low as $35 round trip between Washington and New York.

The December sweep was part of a new crackdown by the FMCSA on interstate bus companies -- low-fare lines, charter carriers and others -- that flout federal safety regulations. Sandberg and other federal officials declined to discuss the alleged ADA violations or name the 11 companies under investigation.

All told, the December compliance reviews found 176 alleged violations, most for safety-related infractions such as failing to conduct random drug and alcohol tests on drivers, officials said. These reviews followed surprise inspections of 403 buses in October that turned up more than 500 alleged violations, including speeding, faulty brakes and falsifying records that documented how long a driver has been on the road.

Sandberg, who is leaving her FMCSA post tomorrow, plans to detail the agency's new level of oversight at today's hearing before the House Transportation subcommittee on highways, transit and pipelines.

Previewing her testimony, Sandberg said new bus companies are being targeted for inspections after nine, instead of 18, months, and the FMCSA plans to make its annual grants to states contingent on state agencies demonstrating that they have effective bus safety programs.

Asked what prompted these measures, Chuck Horan, the FMCSA's enforcement and compliance director, said: "We have recently seen a spike in the death toll in the bus industry. . . . And it also seems like a lot of these of buses are catching fire."

Bus travel is relatively safe, with about half the fatality rate of automobile travel. But last year, 39 people died in accidents involving interstate bus carriers -- 11 more than in 2004 and 13 more than in 2003, according to federal data. Twenty-three of last year's victims were elderly Hurricane Rita evacuees whose bus, chartered by McLean-based Sunrise Senior Living Inc., exploded on an interstate in Texas. Two coaches operated by low-fare carriers also caught fire last year, but no passengers were hurt.

The FMCSA has been criticized by people inside and outside the bus industry for not doing enough to ensure that carriers are complying with federal safety regulations.

At today's hearing, a large industry trade group plans to criticize the agency for allowing many low-fare carriers -- also known as curbside operators -- to stay in business.

"News reports, police accident reports and passenger complaints all present the picture that these curbside operators lack the proper equipment, trained drivers and the necessary safety protocols," Peter J. Pantuso, chief executive of the American Bus Association, said in remarks prepared for the hearing.

Horan said the recent inspections show that low-fare companies are "no worse or better" than other interstate carriers.

Six of the eight low-fare carriers targeted in the FMCSA's December sweep had alleged ADA violations. Five of the six other companies included in the sweep had alleged ADA violations.

Pantuso plans to testify that low-fare carriers do not offer wheelchair lifts, which, he noted, cost $40,000 to install on each bus. "Even worse . . . if you call these operators and tell them you require a wheelchair lift, they will tell you to call Greyhound Lines" or other national carriers, Pantuso said.

FOR IMMEDIATE RELEASE
Thursday, November 3, 2005
Contact (202) 514-2007
(202) 514-1888
http://www.usdoj.gov

Justice Department Settles Lawsuit Alleging Discrimination by the Detroit Department of Transportation

LINK

WASHINGTON, D.C. - The Department of Justice today announced a settlement agreement with the City of Detroit, resolving a lawsuit that alleged discrimination by the Detroit Department of Transportation (DDOT) under the Americans with Disabilities Act.

The Department of Justice's complaint, which was filed in March 2005 in a case that had been filed by private individuals, alleged that DDOT engaged in discriminatory practices by using buses with inoperable wheelchair lifts and failing to have maintenance and repair programs to ensure that buses with working lifts would be available. As a result, many individuals who use wheelchairs waited for long periods of time until they were able to board a bus with a functioning wheelchair lift, and in some cases, had to seek alternate methods of transportation or abandon their trips.

"Many individuals with disabilities depend on accessible public transportation for everyday activities like commuting to work, buying groceries, and visiting friends and family," said Bradley J. Schlozman, Acting Assistant Attorney General for the Civil Rights Division. "This agreement is a positive step forward in improving access to public transportation and we are pleased with the City of Detroit's willingness to work with the Department to ensure that these improvements become permanent."

"Detroit residents who use wheelchairs should not have to wait as buses pass them by because the bus lifts are inoperable. This Settlement Order represents a significant step toward ensuring that individuals with disabilities can participate fully in our community," said Stephen J. Murphy, U.S. Attorney for the Eastern District of Michigan.

Since the litigation began, DDOT has taken steps to retire buses with non-functioning wheelchair lifts, repair and maintain lifts, and acquire new buses. Under the terms of the Settlement Order, which must be approved by Judge Robert H. Cleland of the U.S. District Court for the Eastern District of Michigan, DDOT will continue and expand these programs. DDOT will also re-train its drivers and mechanics in the proper ways to deploy wheelchair lifts, assist passengers with disabilities, and maintain the lifts.

The Americans with Disabilities Act requires that all new buses have wheelchair lifts. It further requires that Detroit and other municipalities maintain and repair the wheelchair lifts, and refrain from dispatching a bus with a non-functioning lift. Bus drivers must know how to operate the lifts, and must treat passengers with disabilities with courtesy and respect.

Additional information about the Civil Rights Division of the Department of Justice is available on its website at http://www.usdoj.gov/crt.

New ADA Transportation Guidance From DOT

October 24, 2005

Marilyn Golden, Policy Analyst at the Disability Rights Education and Defense Fund (DREDF) (mgolden@dredf.org), reports:

Recently, four new guidance documents interpreting the Department of Transportation (DOT) Americans with Disabilities Act Regulations were released by DOT. These four guidance documents faithfully carry out the intent of the ADA and its regulation to protect the civil rights of people with disabilities. For example, one of the documents states that transit agencies must provide paratransit service in a way that goes beyond "curb-to-curb service" if necessary to actually get the passenger from his or her point of origin to his or her destination.

The documents are entitled:

Origin to Destination Service
Full-Length, Level-Boarding Platforms in New Commuter and Intercity Rail Stations
Paratransit Requirements for §5311-Funded Fixed-Route Service Operated by Private Entities
Use of "Segways" on Transportation Vehicles

The new DOT Disability Law Guidance documents can be found at the DOT (Department of Transportation) Federal Transit Administration website under the ADA heading.

Note that the ADA section has a number of other important ADA transportation tools for advocates, including:

Filing a Title VI Complaint with the FTA

LINK

Individuals or organizations who believe they have been denied the benefits of, excluded from participation in, or subject to discrimination on the grounds of race, color, or national origin by a recipient of Federal Transit Administration funding can file an administrative complaint with the Federal Transit Administration's Office of Civil Rights under Title VI of the Civil Rights Act of 1964.

FTA investigates complaints on the basis of intentional discrimination or on the basis of disperate impact discrimination, where a neutral policy or practice has the effect of disproportionately excluding or adversely affecting minority beneficiaries or other protected individuals and the recipient's practice lacks a substantial legitimate justification.

Under the Executive Order on Environmental Justice and the U.S. Department of Transportation's Order to Address Environmental Justice in Minority Populations and Low-Income Populations, a member of the public, a group of people, or their representatives can file an administrative complaint against a recipient of financial assistance from FTA, a transportation provider, a transportation-related entity, or FTA itself alleging discrimination and/or adverse environmental effects, including social and economic effects, against a specific minority or low income community or population group, due to a project or activity funded or carried out by DOT.

Individuals and organizations may file a complaint by completing the attached Title VI complaint form (see link below). Complaints should be signed and include contact information and should be sent to:

Federal Transit Administration Office of Civil Rights
Attention: Title VI Program Coordinator
400 7th Street SW Room 9100

The FTA ADA complaint form.
A growing list of FTA ADA assessments of transit agencies.