Where to Turn... Your Guide to Federal Disability Policies and Programs Authors Patrice Drew, Esq. Cathy Ficker Terrill Anne C. Parrette, Esq. Project Coordinator Janna Starr Editors Larry H. Hoffer Lisa Ward Monique Marino Brain Injury Association US Department of Health and Human Services HRSA Health Resources and Services Administration Maternal and Child Health Bureau Disclaimer The Brain Injury Association shall not be held liable for content changes made by unauthorized parties, including but not limited to: alterations of text, images or other information within Where to Turn: Your Guide to Federal Disability Policies and Programs (the Guide.) The Guide contains general information. It is not an authoritative legal document, nor shall it be construed as legal advice. The Guide shall not be relied upon as a legal authority for acting or refusing to act. The information contained in the Guide may change as Federal polices and programs are amended periodically. The Brain Injury Association is not responsible for notifying the Public of these changes. Transportation and Travel Background Since the passage of the Americans with Disabilities Act in 1990, people with disabilities are able to participate more fully in employment, recreation and travel activities. The Census Bureau estimates that in 1995, 26.1% of people with severe disabilities between the ages of 21 and 64, approximately 2.7 million people, were employed in the United States. The Census Bureau also estimates that 25.9% of the 2.3 million long-term users of mobility equipment (e.g., wheelchair, cane, walker, crutches) in this age group, (approximately 600,000 people) are employed Motor Vehicles Which government agency handles motor vehicle transportation issues for people with disabilities? The National Highway Traffic Safety Administration (NHTSA), under the Department of Transportation (DOT), handles transportation issues for people with disabilities. What is NHTSA? NHTSA is a Federal agency with the authority to regulate the manufacture of automotive adaptive equipment and modified vehicles used by people with disabilities. NHTSA was established under the Highway Safety Act of 1970. NHTSA's charge is to carry out safety programs under the National Traffic Safety and Motor Vehicle Safety Act of 1966, the Highway Safety Act of 1966, and the Motor Vehicle Information and Cost Savings Act of 1972. What is the current legislation covering motor vehicle safety? The Vehicle Safety Act has been recodified under Title 49 of the U.S. Code in Chapter 301, Motor Vehicle Safety. What are NHTSA's responsibilities? NHTSA is responsible for reducing deaths, injuries and economic losses caused by motor vehicle crashes. NHTSA also is responsible for setting and enforcing safety performance standards for motor vehicles and motor vehicle equipment. NHTSA provides grants to state and local governments to enable them to conduct effective local highway safety programs. Can you give me some examples of the work NHTSA does? Yes. NHTSA: Investigates safety defects in motor vehicles Sets and enforces fuel economy standards Helps state and local communities reduce the threat of drunk drivers Promotes the use of safety belts, child safety seats and airbags Provides consumer information on motor vehicle safety topics Conducts research on driver behavior and traffic safety to develop the most efficient and effective means of bringing about safety improvements Is there a number I can call if I have a question, complaint or safety problem with my modified vehicle or adaptive equipment? Yes. You may call DOT's Auto Safety Hotline: 1-888-DASH-2-DOT or 1-888-327-4236. The TTY number for people who have hearing impairments is: 800-424-9153. The hotline operates from 8:00 a.m. to 10:00 p.m., Eastern Time, Monday through Friday. A Spanish-speaking telephone operator is available from 8:00 a.m. to 4:00 p.m., Eastern Time. You also may file a complaint electronically via email on the NHTSA website: www.nhtsa.dot.gov/hotline. What questions should I ask NHTSA? You may want to ask: How can I learn how to deactivate my car's airbag? How can I learn how to remove my car's airbag? How do I make my car's child restraints safe for my child with a disability? What are the car seatbelt requirements for people with disabilities, especially if I am in a wheelchair? How can my phone call to the DOT Auto Safety Hotline make a difference? Your phone call to the DOT Auto Safety Hotline is your method of identifying safety problems in your motor vehicle and adaptive equipment. Your call may help lead to a change in safety standards for people with disabilities or a product recall. The equipment manufacturer may fix certain safety defects in equipment at no cost to you. Where can I find information on purchasing an adaptive vehicle? In February 2000, NHTSA released a free consumer brochure to help people with disabilities in the market for an adaptive vehicle. The brochure is called "Adapting Motor Vehicles for People with Disabilities." It is available through NHTSA, local automakers and the NHTSA website: www.nhtsa.dot.gov. How can NHTSA help me in my state? NHTSA has 10 regional offices that provide numerous services to the states and other public and private sector customers. The regional offices provide technical assistance, promote legislation that favors people with disabilities and assist with coalition building. How can I contact my NHTSA Regional Office? Following is a list of the NHTSA Regional Offices and how to contact them. NHTSA Region I Transportation Systems Center Kendall Square Code 903 Cambridge, MA 02142 617-494-3427 617-494-3646 Fax States - CT, ME, MA, NH, RI, VT NHTSA Region II 222 Mamaroneck Avenue, Suite 204 White Plains, NY 10605 914-682-6162 914-682-6239 Fax States - NY, NJ, Puerto Rico, Virgin Islands NHTSA Region III 10 South Howard Street Suite 4000 Baltimore, MD 21201 410-962-0090 410-962-2770 Fax States - DE, DC, MD, PA, VA, WV NHTSA Region IV 61 Forsyth Street, SW Suite 17T30 Atlanta, GA 30303 404-562-3739 404-562-3763 Fax States - AL, FL, GA, KY, MS, NC, SC, TN NHTSA Region V 19900 Governors Drive, Suite 201 Olympia Fields, IL 60461 708-503-8822 708-503-8991 Fax States - IL, IN, MI, MN, OH, WI NHTSA Region VI 819 Taylor Street, Room 8a38 Fort Worth, TX 76102-6177 817-978-3653 817-978-8339 Fax States - AR, LA, NM, OK, TX, IN NHTSA Region VII 901 Locust Street Kansas City, MO 64106 816-329-3900 816-329-3910 Fax States - IA, KS, MO, NE NHTSA Region VIII 555 Zang Street, Room 430 Lakewood, Colorado 80228 303-969-6917 303-969-6294 fax States - CO, MT, ND, SD, UT, WY NHTSA Region IX 201 Mission Street, Suite 2230 San Francisco, CA 94105 415-744-3089 415-744-2532 Fax States - AZ, CA, HI, NV, Amer. Samoa, Guam, Mariana Island NHTSA Region X 3140 Jackson Federal Building 915 Second Avenue Seattle, WA 98174 206-220-7640 206-220-7651 Fax States - AK, ID, OR, WA Airplanes and Airports What law covers people with disabilities traveling on airplanes? The Air Carrier Access Act protects people with disabilities from discrimination in air travel by air carriers. The law applies to air carriers that provide regularly scheduled services for hire to the public. Tell me more about the Air Carrier Access Act. Congress passed the Air Carrier Access Act (ACAA) in 1986 to guarantee that people with disabilities would receive consistent and nondiscriminatory treatment when traveling by air. What does the ACAA say? The ACAA says, simply: No air carrier shall discriminate against any otherwise qualified [disabled] individual, by reason of such [disability], in the provision of air transportation. What does the ACAA cover? The ACAA covers a wide range of issues surrounding your right to travel by air, including boarding assistance, accessibility features in newly built aircraft and new or altered airport facilities. Does the ACAA apply to ALL airplanes? No. The ACAA applies only to new airplanes ordered after April 5, 1990, or delivered after April 5, 1992. These airplanes must achieve a higher degree of accessibility than older airplanes. Airplanes that were in service as of April 5, 1990 are not required to be upgraded for accessibility. Any airplane, however, that undergoes replacement of its cabin interior, lavatory or seats must meet the new requirements. So what are my rights when I travel by air? Cannot refuse you transportation: Air carrier personnel may not refuse transportation to any passenger with a disability, except on the basis of safety, nor may they limit the number of passengers with disabilities on a flight. Cannot require you to travel with an attendant: Air carriers may not require a passenger with a disability to travel with an attendant except in very limited situations. If the air carrier does override a passenger's decision to travel without an attendant, it may designate an attendant for the passenger, but it cannot charge the attendant for his or her transportation. Cannot exclude you from sitting in a certain seat: Air carriers may not exclude any qualified individual with a disability from sitting in any seat except in order to comply with the Federal Aviation Administration (FAA) safety regulations. For example, the FAA exit row seating rules require that people sitting in these seats meet certain criteria. These criteria may deny some people with disabilities from sitting in an exit row. Cannot exclude a service animal: Air carriers may not exclude a service animal from sitting next to the assigned seat of a passenger with a disability. The air carrier must offer to move the passenger to an alternative seat that will accommodate the service animal. Air carriers must allow service animals to accompany a passenger with a disability on the flight. Air carriers may require medical certificates only in limited circumstances. Must provide appropriate services and equipment: Air carriers must provide assistance to passengers with disabilities when the passengers are: boarding, deplaning, making flight connections and transporting between gates. Boarding must be by level entry where possible. Air carriers must not leave a passenger in a wheelchair unattended on the ground, or while boarding, for more than 30 minutes. Must allow use of personal medical devices: Air carriers must allow passengers with disabilities to use personal ventilators, respirators or other devices while on board the airplane. Must allow storage of assistive devices and wheelchairs in overhead compartment: Passengers with disabilities must be allowed to store assistive devices in overhead compartments consistent with carry-on baggage rules. If a passenger with a disability chooses to pre-board and the on-board storage area will accommodate a collapsible wheelchair, the passenger's wheelchair may be stored with priority over other passengers' carry-on baggage. Assistive devices and wheelchairs will be checked and returned as close as possible to the door of the aircraft and must have priority over other luggage in the baggage compartment. Cannot allow waiver of damage for assistive devices: Air carriers must return assistive devices to passengers in the same condition in which they are received. Air carriers cannot require a passenger to sign a waiver for damage or loss of a wheelchair or assistive device, nor can they limit liability to less than twice the liability established for lost or damaged luggage. Must provide passenger information: Air carriers must provide passengers with disabilities general information in the terminal (e.g., departure delays), including accommodating people with vision or hearing impairments. Air carriers, upon request, must provide passengers with information on the ACAA regulations and the accessible features or limitations of the airplane. Is there anything the air carrier can require ME to do? Does the air carrier have any rights? Yes. The air carrier may require the following from passengers with disabilities: Advance Notice: An air carrier may require up to 48-hours advance notice and one-hour advance check-in, but only for the following reasons: Transportation by an electric wheelchair on an air craft with less than 60 seats Special handling by the air carrier of hazardous materials packaging for a wheelchair battery Special equipment such as oxygen, incubator, hook-up for a respirator or a stretcher Accommodation for 10 or more people with disabilities traveling as a group (e.g., a sports team) Accommodation for an on-board wheelchair on an airplane without an accessible lavatory If a passenger with a disability does not provide advance notice, air carriers must provide the service if they are able to do so with reasonable efforts and without delaying the flight. Personal Assistance: Personnel on aircraft that cannot accommodate lifts or boarding chairs (aircraft with less than 30 seats) are not required to hand-carry a passenger on to the airplane. Air carrier personnel are not required to assist passengers with disabilities with eating, medical services, personal hygiene or with assistance in the airplane bathroom. How can I assert my rights under the Air Carrier Access Act? You can file a complaint with the U.S. Department of Transportation, or you can file a lawsuit in Federal court. How do I file a complaint? If you believe an airline or airline official has violated the ACAA, you have several options: Complaints Resolution Official (CRO): Every airline must make a CRO available to passengers at every airport. This person is able to act on behalf of the airline. The CRO's decision can be overruled only by the pilot-in-command for safety reasons. If you do not reach a satisfactory result when dealing with the CRO, the CRO must provide a written statement about the facts of the situation and the reasons for the decision. The CRO must inform the passenger of the right to pursue an enforcement action with the DOT. Written Complaint to Airline: You may submit a written complaint to the airline. Be sure to include all pertinent information about the discrimination you experienced. Also, include the name of the CRO (if you contacted one), the date if the incident and any written report from the CRO. The airline must respond to any written complaint within 30 days of receipt of the complaint. IMPORTANT: The airline is not required to respond to any complaint made more than 45 days after the date of the alleged violation. File a Complaint with DOT's Office of Civil Rights: Departmental Office of Civil Rights Office of the Secretary U.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590 Phone: (202) 366-4648 or (202) 366-8538 (TTY) You also may file a complaint with the Aviation Consumer Protection Division: Aviation Consumer Protection Division U.S. Department of Transportation 400 Seventh Street, S.W., Room 10405 Washington, D.C. 20590 Phone: (202) 366-2220 or (202) 755-7687 (TTY) Does the FAA oversee hiring practices of the airlines so that people with disabilities get a fair chance at jobs? The People with Disabilities Program was established to ensure that the Federal Aviation Administration (FAA) takes a positive role in complying fully with Section 504 of the Rehabilitation Act of 1973 (see chapter 3). The Program assists the FAA with providing equal opportunity employment to people with disabilities and eliminate employment barriers. Public Transportation What law protects people with disabilities using public transportation services? Title II of the Americans with Disabilities Act (ADA) contains transportation provisions that cover public transportation services (e.g., city buses) and public rail transit (e.g., subways, commuter rails, Amtrak). What does the ADA's Transportation Provision say? The ADA's transportation provision states that public transportation authorities may not discriminate against people with disabilities in the provision of their services. What does the ADA say about public transportation personnel? Public transportation personnel must: Comply with accessibility requirements in newly-purchased vehicles Make good faith efforts to purchase or lease accessible used buses Remanufacture buses in an accessible manner Provide paratransit options where they operate fixed-route bus or rail systems What is "Paratransit?" Paratransit is a service provided to people who are unable to use the regular transit system independently because they have a disability. Paratransit provides pick-up and drop-off services to these people. What about Section 504 of the Rehabilitation Act? Section 504 of the Rehabilitation Act of 1973 is a non-discrimination act that prohibits organizations that receive federal funds from discriminating against otherwise qualified people, solely on the basis of their disability. Any transit system that receives federal money, whether it is a private or public system, is subject to Section 504. The U.S. Department of Education's Office of Civil Rights (OCR) enforces Section 504. What should I do if I have a question or complaint about public transportation? You should contact the Federal Transit Administration: Federal Transit Administration U.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590 Phone: (202) 366-1656 or (202) 366-4567 (TTY) What should I do if I have a legal question about public transportation? You should call the Office of Chief Counsel at DOT's Federal Transit Administration: Phone: (202) 366-1936 (TTY) or (202) 366-9306 (voice) What should I do if I want to enforce the ADA transportation provisions in my state? You should contact the Office of Civil Rights at DOT's Federal Transit Administration: Phone: (202) 366-2285 (voice) or (202) 366-0153 (TTY) Endnotes 1 See Estimating the Number of Vehicles Adapted for Use by Persons with Disabilities, NHTSA Research Note, December 1997. U.S. Department of Transportation www.dot.gov