Access to Transportation by People with Disabilities 

Illustrations of Implementation from the United States – Quick Reference 

National Council on Disability 

1331 F Street, NW, Suite 850 

Washington, DC 20004 

202-272-2004 Voice 

202-272-2074 TTY 

202-272-2022 Fax 

Lex Frieden, Chairperson 

Publication date: August 2, 2005 

This paper provides examples of the implementation of U.S. disability laws pertaining to 

accessible transportation. A more detailed description is provided in the attached policy 

paper. 

Legislation 

Under the Americans with Disabilities Act (ADA), individuals cannot be denied 

transportation services because of a disability. The Air Carrier Access Act (ACAA) is a 

separate statute specifically for air travel, but provides the same nondiscrimination 

requirement. In promulgating these statutes, federal agencies were mindful of several 

types of existing barriers and addressed these issues when crafting regulations, which 

apply to all public entities, and those private entities whose primary business is 

transporting individuals. 

• Physical Barriers 

Federal law and regulations require modifications which include providing 

alternative transportation systems (paratransit) to individuals with disabilities; 

installing wheelchair lifts and securement devices on buses and ensuring that 

these lifts and devices are properly maintained; providing accessible rest stops, 

stations, and airport facilities (including restrooms, elevators, and station 

platforms); assisting in boarding passengers with disabilities when needed; 

allowing service animals to accompany individuals with disabilities in facilities 

and vehicles; ensuring accessible public rights-of-way (including curb cuts and 

ramps on sidewalks); and making any other reasonable modifications to policies 

or practices in order to comply with the ADA or ACAA. One example of a 

modification in a policy or practice is allowing passengers with disabilities to give 

their bus fare directly to the bus driver rather than to place the coinage in the fare 

machine. 

• Informational Barriers 
Federal regulations also require accessible travel information. These 

modifications include announcing bus stop and transfer points on buses and 

providing signage that can be easily understood by individuals with sensory or 

developmental disabilities. 

• Attitudinal Barriers 

The Department of Transportation (DOT) regulations also require proper training 

of transit employees, which includes treating passengers with disabilities in a 

respectful and courteous manner, while also recognizing the differences in types 

of disabilities. 

DOT awards grants annually for new local programs and initiatives that improve 

accessible transportation. In addition, DOT, along with the Department of Justice (DOJ), 

has implemented several safeguards to help ensure that individuals are not discriminated 

against because of a disability. 

• Technical Assistance 

DOT and DOJ offer technical assistance to help the transportation industry, the 

disability community, and other individuals or entities that have rights and 

responsibilities under the ADA and ACAA provisions better understand the law. 

Technical assistance is offered through a variety of methods, including the 

dissemination of literature and several websites that provide guidance on the 

implementation of the statutes. 

• Compliance Monitoring 

DOT will periodically review ADA and ACAA compliance reports, which must 

be furnished by entities receiving federal transportation funding. Reports usually 

contain the background of the entity’s transportation system, findings and 

observations of ADA compliance, and recommendations. Along with the report, 

entities are required to keep all complaints on file. 

• Enforcement 

Upon receiving a complaint against a public entity for an ADA violation, DOT 

will investigate the complaint, attempt conciliation, and if necessary, take action 

against the entity, including making cuts in financial assistance. DOT can only 

enforce complaints against public entities for ADA violations involving 

transportation; complaints against private entities are under the jurisdiction of 

DOJ. Individuals who have experienced discrimination can also pursue an ADA 

claim through the courts. Under the ACAA, air carriers are required to implement 

their own grievance process; however, violations of the ACAA can result in 

enforcement action by DOT. For many years most courts recognized an implied 

private right of action to enforce the ACAA, but in the last few years the courts 

have moved to prohibit hearing these claims.1 

1

 “Position Paper on Amending the Air Carrier Access Act to Allow for Private Right of Action” (National 

Council on Disability, July 8, 2004), available at: 

http://www.ncd.gov/newsroom/publications/2004/aircarrier.htm. 
Other Initiatives 

President George W. Bush has established the Federal Interagency Coordinating Council 

on Access and Mobility, a collaboration between various federal agencies. The Council 

has launched a “United We Ride” initiative, providing resources to promote 

governmental and non-governmental collaboration in the provision of improved 

transportation for individuals with disabilities. One resource under the initiative is a 

“Framework for Action” self-assessment tool, to assist states and local communities in 

identifying areas for improvement in transportation. 

Several agencies and the disability community have engaged in informal collaboration to 

eliminate barriers for people with disabilities in the context of airport security screening. 

The collaboration has led to the development of guidelines and training programs to 

increase awareness of disability issues among security staff and ensure the rights of 

travelers with disabilities and their traveling companions during security screenings. 

The U.S. Department of Agriculture (USDA) and DOT have collaborated to improve 

access to transportation by people with disabilities in rural areas. The USDA, for 

example, offers direct and guaranteed loans and grants to facilitate the development of 

public transportation facilities serving rural populations, where an estimated 40 percent of 

Americans with disabilities have no public transportation available to them.