I 

114TH CONGRESS 

2D SESSION H. R. 4552 

To require all gas stations offering self-service to meet certain accessibility 

standards for individuals with disabilities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 12, 2016 

Mr. JOLLY (for himself and Mr. O’ROURKE) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL 

To require all gas stations offering self-service to meet certain accessibility standards for individuals with disabilities, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Gas Pump Access Act 

5 of 2016’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

8 (1) The technical assistance materials for the 

9 Americans with Disabilities Act of 1990 of the De10 partment of Justice requires gas stations, including 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 4552 IH

1 those offering self-service, to provide equal access for 

2 their customers with disabilities. 

3 (2) Customers with disabilities are advised that 

4 they can obtain refueling assistance by either honk5 ing or otherwise signaling an employee. 

6 (3) The Americans with Disabilities Act of 

7 1990 requires self-service gas stations to provide re8 fueling assistance upon the request of a qualified 

9 person with a disability if there is more than one at10 tendant on duty at the station. Such service is pro11 vided without any charge beyond the self-service 

12 price. 

13 (4) A qualified person with a disability is de14 scribed as a person to whom an accessible or dis15 abled parking permit has been issued or a person 

16 who is in legal possession of a specialized motor ve17 hicle license plate indicating that the owner is a per18 son with a disability. 

19 (5) History has shown that these methods to 

20 attract refueling assistance are not effective. 

21 Throughout the United States, individuals with dis22 abilities who need gas pumping assistance at gas 

23 stations or convenience stores do not generally re24 ceive such assistance when they honk their horns, 

25 flash their headlights, or otherwise signal to attract 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•HR 4552 IH

1 the attention of an attendant inside the facility. This 

2 is not considered equal access under the Americans 

3 with Disabilities Act of 1990. 

4 (6) In 2014, the State of Florida enacted 

5 House Bill 7005, which requires phone numbers to 

6 be placed on all gas pumps not later than two years 

7 after July 1, 2014. This requirement allows qualified 

8 individuals with disabilities to call on their cell 

9 phones for free gas pumping assistance. However, 

10 should such refueling assistance be requested during 

11 times when a second attendant is not present at a 

12 self-service gasoline station, the Florida gas station 

13 retailer is not required to provide the requested as14 sistance and will inform the caller. History has prov15 en this to be a simple, inexpensive, common sense, 

16 effective solution that is favored by both customers 

17 with disabilities and the petroleum and convenience 

18 store industries. 

19 (7) Today, unlike in 1990, almost everyone 

20 owns a cell phone. Owning a cell phone is a safety 

21 measure for drivers with disabilities in case their ve22 hicle breaks down on the road. 

23 SEC. 3. PURPOSE. 

24 The purpose of this Act is to provide accessibility to 

25 gas stations by ensuring that it will be considered discrimiVerDate Sep 11 2014 04:33 Feb 13, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4552.IH H4552

emcdonald on DSK67QTVN1PROD with BILLS
4 

•HR 4552 IH

1 nation under the Americans with Disabilities Act of 1990 

2 (42 U.S.C. 12101 et seq.) for a gas station to fail to dis3 play a phone number to call for assistance on each self4 service gas pump of the gas station. 

5 SEC. 4. ACCESSIBILITY. 

6 (a) NOTIFICATION REQUIREMENT.— 

7 (1) IN GENERAL.—It shall be considered dis8 crimination for purposes of section 302 of the Amer9 icans with Disabilities Act of 1990 (42 U.S.C. 

10 12182) for a gas station or convenience store to fail 

11 to clearly display at each self-service gas pump a 

12 decal that— 

13 (A) is at least 15 square inches in size; 

14 (B) has a blue background; 

15 (C) includes the telephone number of the 

16 gas station or convenience store at which such 

17 pump is located and the words ‘‘Call for Assist18 ance’’ in printed white text; and 

19 (D) includes the International Symbol of 

20 Accessibility. 

21 (2) OPERATIONAL TELEPHONE.—With respect 

22 to the telephone number indicated on the decal, it 

23 shall be considered discrimination for purposes of 

24 section 302 of the Americans with Disabilities Act of 

25 1990 (42 U.S.C. 12182) if the phone connected to 


emcdonald on DSK67QTVN1PROD with BILLS
5 

•HR 4552 IH

1 such number is not operational and answered di2 rectly by an employee of the gas station retailer dur3 ing the hours the gas station retailer is open for 

4 business to the public. 

5 (b) ASSISTANCE.— 

6 (1) TWO OR MORE ATTENDANTS.—It shall be 

7 considered discrimination for purposes of section 

8 302 of the Americans with Disabilities Act of 1990 

9 (42 U.S.C. 12182) for a gas station or convenience 

10 store that is open for business to the public with two 

11 or more attendants on duty to fail to provide gas 

12 pumping assistance to a qualified individual with a 

13 disability who makes a request for such assistance. 

14 (2) ONE ATTENDANT.—It shall not be consid15 ered discrimination for purposes of section 302 of 

16 the Americans with Disabilities Act of 1990 (42 

17 U.S.C. 12182) for a gas station or convenience store 

18 that is open for business to the public with one at19 tendant on duty to fail to provide gas pumping as20 sistance to a qualified individual with a disability 

21 who makes a request for such assistance, if such at22 tendant notifies the individual that assistance cannot 

23 be provided because there is only one attendant on 

24 duty. 


emcdonald on DSK67QTVN1PROD with BILLS
6 

•HR 4552 IH

1 (c) FURTHER ACCESSIBILITY STANDARDS.—Nothing 

2 in this section shall prohibit a unit of local government 

3 from adopting an ordinance, or enforcing an existing ordi4 nance, that expands the accessibility, safety, or availability 

5 of fueling assistance to a motor vehicle operator with a 

6 qualified disability. 

7 (d) REGULATIONS.—Not later than two years after 

8 the date of the enactment of this Act, the Secretary of 

9 Transportation and the Attorney General shall each pro10 mulgate such regulations as are necessary to ensure com11 pliance with this section. 

12 (e) EXAMPLE OF DECAL MADE PUBLICLY AVAIL13 ABLE.—Not later than six months after the date of the 

14 enactment of this Act, the Secretary of Transportation 

15 and the Attorney General shall make a graphic example 

16 of a decal described in subsection (a) publicly available at 

17 no cost, in downloadable format, on the websites of the 

18 Department of Transportation and the Department of 

19 Justice, respectively. Such decal shall have a blank area 

20 in which a telephone number may be inserted. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS