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Disability Access Laws Must Be Enforced on Buses

by James Parks, Dec 27, 2007

Photo Credit: Perry Smith  
   

You’ve seen them on downtown street corners, picking up passengers, offering cheap trips to another city. These so-called “curbside buses” are growing rapidly. Because they pick up and drop off passengers from downtown curbsides—and not from a centralized bus terminal—they are harder to inspect and remain virtually unregulated.

But earlier this month that began to change. The House of Representatives passed a bill that instructs the U.S. Transportation Department’s Federal Motor Carrier Safety Administration (FMCSA) to require intercity bus companies to comply with the Americans With Disabilities Act (ADA) when it grants and renews operating licenses. Larger carriers such as Greyhound and Peter Pan already comply with the ADA requirements.

Edward Wytkind, president of the AFL-CIO Transportation Trades Department, says:

It is surprising that it takes an act of Congress to force this administration to enforce well-established laws designed to protect people with disabilities. This is an important step in the right direction toward ensuring access to all people.

Companies that don’t abide by these laws shouldn’t be allowed to operate on our highways. And passengers shouldn’t be put in a position where they unwittingly use the services of bus companies that ignore the rights of passengers with disabilities.

The Washington Post reported last year on curbside buses in the nation’s capital that have become popular by offering dirt-cheap fares and curbside pickups in convenient locations. For example, The Post reported round-trip fares between Washington and New York are as low as $35. Buses with curbside pickups operate more than 350 trips a week alone connecting Washington, Philadelphia, New York and Boston, according to Eric Schultz, press secretary for Sen. Charles E. Schumer (D-N.Y.), who has urged federal regulators to more closely monitor safety on the buses.

Transportation unions long have argued that passengers with disabilities are at risk when bus companies refuse to honor their obligations under the ADA. The FMCSA has resisted considering ADA compliance in its licensing decisions—despite a U.S. Court of Appeals decision requiring it to do so, the Transportation Trades Department says.

There’s no excuse for regulators or bus companies to evade the law, Wytkind says:

Curbside bus companies offer cheap fares, but their business models are predicated on evading compliance with disability and other important laws. Laws exist for a reason, and they must be enforced.

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1 Comment

  1. bgordon on 01.01.2008 at 11:22 (Reply)

    All Busses rolling off the assembly line should be ADA compliant with standardized function of the equipment. Training for use of the ADA compliant equipment should be included in the requirement for the buss driver license, this way the cost of enforcement could be limited to licensing and yearly inspections as is done with elevators. This should have been legislated originally along with a requirement for a certain number of existing busses to be retrofitted, this would have allowed a gradual transition. ADA is a great idea but as with everything out of Washington the implementation is politically skewed with no clear path for universal compliance.

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