To help ensure that surface transportation—including public rights-of- way—is accessible, the ADA includes specific provisions for public entities (in Title II) and private entities (in Title III) for providing accessible transportation. Transportation-related requirements in the ADA and associated regulations vary by mode. In general, however, new vehicles that were purchased or leased after August 1990, and buildings or facilities that are constructed or altered after August 1990, must be accessible. Other requirements include the following: Transit authorities must provide comparable paratransit services to those individuals who are unable to use fixed-route bus or rail services because of a disability. These services are typically provided using wheelchair- accessible vans, small buses, or taxis. Existing intercity rail (Amtrak), commuter rail, light rail, and rapid rail systems were to have at least one accessible car per train as of July 26, 1995. Existing “key stations” in rapid rail, commuter rail, and light rail systems were to have been made accessible by 1993 unless certain extensions permitted by law were granted. Most existing stations currently served by Amtrak must be accessible by July 26, 2010. Commercial bus companies must provide an accessible bus with 48-hour notice, among other things. Entities such as hotels that generally offer transportation (shuttle service to the airport, for instance) must provide equivalent transportation services for people with disabilities. For public rights-of-way, all projects for new construction that provide pedestrian facilities must incorporate accessible pedestrian features. Projects altering the usability of the roadway must also incorporate accessible pedestrian improvements. Figure 1 shows examples of some of these accessible transportation features. A number of federal agencies have a role in implementing, overseeing, and enforcing the ADA’s surface transportation requirements. We will discuss them in more detail later in this report, but their general roles and responsibilities are as follows: The Access Board is an independent federal agency devoted to accessibility for people with disabilities. The board develops and maintains design criteria for facilities and transit vehicles (these design criteria are not enforceable until implemented in DOJ or DOT regulations). It also provides technical assistance and training on these requirements and on accessible design. DOJ has responsibility for publishing federal regulations governing access to public and commercial services. DOJ also has responsibility for investigating alleged ADA violations by private entities, including transportation providers, and conducting compliance reviews. DOJ refers allegations of ADA violations by public transportation entities to DOT for investigation. DOJ also may commence civil action in U.S. district court under certain circumstances. DOT is responsible for publishing federal regulations for carrying out the transportation provisions of the ADA. Offices within DOT have the following responsibilities: Office of the Secretary of Transportation (OST) promulgated DOT’s regulations for the ADA and Section 504 of the Rehabilitation Act. OST also coordinates and approves DOT guidance and interpretation for transportation accessibility. For example, OST issued a Notice of Proposed Rulemaking (NPRM) in February 2006 in which it proposed changes to ADA regulations, including revising commuter and intercity rail station platform requirements and clarifying public transit providers’ responsibilities to modify their services when needed to ensure program accessibility. OST also sought comment on how to accommodate changes in mobility devices used by individuals with disabilities, among other things. Federal Highway Administration (FHWA) is responsible for implementation of program access to individuals with disabilities by state departments of transportation and other FHWA aid recipients, including pedestrian rights-of-way access requirements from the ADA. Federal Motor Carrier Safety Administration (FMCSA) informs commercial bus companies of their ADA responsibilities and collects data on ADA compliance. Federal Railroad Administration (FRA) is responsible for overseeing federal grants to Amtrak, including ADA provisions. Federal Transit Administration (FTA) is responsible for overseeing federal grants for public transportation, which includes compliance with ADA requirements for public transportation systems, including ADA-complementary paratransit. Two other agencies—one inside DOT, the other outside—also have roles in ADA compliance. The National Highway Traffic Safety Administration (NHTSA), within DOT, establishes federal motor vehicle safety standards for platform lifts and vehicles equipped with platform lifts (including commercial buses and public transportation vehicles). NHTSA is also responsible for ADA compliance of state motor vehicle agencies that receive federal funds. In addition, the National Council on Disability (NCD), an independent federal agency, gathers information about the implementation, effectiveness, and impact of the ADA. NCD also reviews and evaluates federal policies, programs, practices, and procedures concerning people with disabilities, and all statutes and regulations pertaining to federal programs that assist people with disabilities, to assess their effectiveness in meeting those needs. Several major interest groups and industry associations also play a role. For example, the Disability Rights Education and Defense Fund provides ADA-related training, technical assistance, and legal services, and advocates on behalf of people with disabilities. Also, the American Public Transportation Association has an Access Committee designed to promote successful implementation of the transportation provisions of the ADA by facilitating information sharing and monitoring and reporting to its members on the status of pending litigation, among other activities. A number of reports by national organizations indicate that transportation accessibility has improved since Congress passed the ADA. For example, NCD reported that the ADA has resulted in a significant expansion of lift- and ramp-equipped buses, more accessible fare collection technology, and increased availability of formats for disseminating accessible information. Because of increased regulation, vehicles are of higher quality, and travel has become more efficient. However, disability advocates have said (and many federal agencies and industry associations agree) that there are still problems. In a 2002 survey conducted by DOT’s Bureau of Transportation Statistics, a greater percentage of people with disabilities reported having problems with several modes of transportation as compared with people without disabilities (see fig. 2). Complaints and lawsuits, among other sources of information, indicate accessibility problems persist. DOJ has referred more than 500 ADA-related surface transportation complaints to DOT since 2000 and is investigating 36 additional cases, as of July 2007, according to DOJ officials. Also, additional complaints go directly to DOT. Finally, private parties have filed numerous lawsuits alleging violations of surface transportation and public rights-of-way accessibility requirements. Providing accessible transportation and public rights-of-way can be expensive, especially if an entity has to modify existing structures or purchase new equipment. Congress recognized this and phased in many of the requirements over time. Unlike other situations in which Congress identifies transportation priorities and provides grants or other funding sources to help entities address those priorities, there are few funds that are specifically targeted for ADA compliance. The ADA is a civil rights law, not a transportation program; however, many federal transportation funding sources can be used to comply with ADA requirements. (See app. I for more information on these sources.) Other than for public transit, the extent of compliance with the ADA’s requirements for surface transportation and public rights-of-way is unknown because little reliable information is available, although there are indications that accessibility is improving. DOT collects some accessibility data from urban public transit agencies and helped fund several surveys to determine certain accessibility information for rural and specialized transportation services. Much of the data for other modes, however, are either unreliable or still being developed. For public transit, data are available on the percent of vehicles and stations that are wheelchair accessible in urban areas. DOT reports that accessibility in the urban transit vehicle fleet is increasing as new, accessible vehicles are replacing older ones, since the ADA requires that all new or refurbished transit vehicles be accessible. In 1989, before passage of the ADA, 36 percent of public transit buses in the United States were accessible. By 2005, 97 percent were lift- or ramp-equipped, according to FTA’s National Transit Database. However, accessibility varies significantly by mode of transportation. For example, only 51 percent of commuter railcars were accessible in 2005. ADA regulations do not require that transportation providers make all railcars accessible immediately; rather, that they make the fleet accessible over time as they purchase or lease new cars, and that they provide at least one accessible car per train. According to FTA officials, transit buses are more likely to be accessible than railcars because, on average, railcars have a longer life span. For example, buses are replaced about every 10 to 15 years, while according to Amtrak officials, railcars are planned for replacement after 30 to 40 years but may last over 50 years under certain circumstances. The ADA also requires that new transit facilities (including stations) and alterations to existing facilities comply with federal accessibility standards, and FTA has tracked this since 2002. By 2005, FTA’s National Transit Database reflected that transit agencies reported that 71 percent of total transit stations were ADA-compliant. Also, while limited, some dated estimates of accessibility in rural areas and for special service transportation exist. In a survey conducted by the Community Transportation Association of America in 2000, an estimated 60 percent of the transit fleet in rural areas was lift- or ramp-equipped, as compared with 40 percent in 1994. Also, in 2002, approximately 37,700 special service vehicles were used by approximately 4,800 special service providers including religious organizations, senior centers, rehabilitation centers, and other private and nonprofit organizations to transport seniors and persons with disabilities. The majority of the special service providers were located in rural areas. Of the special service vehicles purchased in 2002, about 76 percent were accessible (approximately 28,700 vehicles). Although available data indicate increasing accessibility of transit vehicles, requirements in ADA regulations extend beyond having lift- and ramp- equipped vehicles. Other requirements include properly maintaining the vehicle lifts and ramps and announcing transit stops. According to an FTA official, there are no national data on compliance with these two requirements, although FTA’s periodic compliance reviews provide the agency with some information about the state of compliance.