• ADA regulations require accessible, timely, over-the-road bus (OTRB) service for passengers with disabilities, including wheelchair users, as well as annual reporting.
• An OTRB is defined as a bus with an elevated passenger deck located over a baggage compartment (typically referred to as a motorcoach).
• There are ADA-specific requirements governing OTRB accessibility, passenger boarding, intermediate or rest stops, lifts and ramps, wheelchairs, service animals, passengers with respirators or portable oxygen, passenger information, discrimination, and training.

The Americans with Disabilities Act of 1990 (ADA) is a civil rights law that helps give people with disabilities an equal opportunity to take part in American society, including its transportation services. The ADA guarantees equal access to both public and private transportation services.

For motor carriers of passengers that fall under its jurisdiction, the Federal Motor Carrier Safety Administration (FMCSA) enforces portions of the U.S. Department of Transportation’s (DOT’s) ADA regulations as found in Parts 37 and 38. In general, these ADA regulations require accessible, timely, OTRB service for passengers with disabilities, including wheelchair users, as well as annual reporting to the FMCSA. An OTRB is defined in 37.3 as a bus with an elevated passenger deck located over a baggage compartment. The FMCSA often refers to OTRBs as motorcoaches. Under federal law, the FMCSA has exclusive authority to enforce Subpart H of Part 37. Subpart H, Over-the-Road Buses (OTRBs), applies to all private companies that operate OTRBs.

ADA reviews of OTRB services

The FMCSA conducts ADA reviews to ensure compliance by OTRB companies. During these reviews, the FMCSA evaluates compliance with regulations related to the purchase and leasing of buses, providing accessible service when requested, training employees, lift maintenance, and other aspects of the ADA regulations. The reviews occur during planned ADA strike-force events and during individual safety investigations.

Important ADA definitions

Accessible means that vehicles and/or facilities comply with the accessibility requirements of Parts 37 and 38.

Accessible bus or accessible OTRB means a bus that includes a lift for getting passengers who cannot climb steps onto a bus, specific locations for securing the wheelchair to prevent it from sliding, and other features to ease travel for passengers with disabilities.

Demand-responsive system means any system of transporting individuals that is not a fixed-route system, whether run by a public or private entity and including “specified public transportation.” Charter/tour systems and “dial-a-ride” systems, for example, are demand responsive.

Equivalent service means service provided to passengers with disabilities that is as good as the type of service provided to passengers without disabilities (e.g., a different accessible vehicle is used to provide service to the same traveling points for the same cost within the same time frame as a regularly scheduled OTRB). Equivalent service requires that passengers be allowed to travel in their own wheelchairs.

Fixed-route system means a system of transporting individuals, including “specified public transportation” service, in which a vehicle is operated along a prescribed route according to a fixed schedule.

Large operator means a large OTRB company with gross annual transportation revenues equal to or exceeding about $9.5 million. This threshold is based on the definition of “Class I motor carrier” and is adjusted annually for inflation.

Mixed service means providing both fixed-route and demand-responsive service, and 25 percent or less of the OTRB fleet is used in fixed-route service.

Over-the-road bus (OTRB) means a bus with an elevated passenger deck located over a baggage compartment. The FMCSA often refers to these simply as motorcoaches.

Small operator means a small OTRB company with gross annual transportation revenues less than about $9.5 million, including revenues from affiliated companies. This threshold is based on the definition of “Class I motor carrier” and is adjusted annually for inflation.

Specified public transportation means transportation provided by a private entity to the general public, with general or special service (including charter service) on a regular and continuing basis.

Refer to 37.3 for other definitions.

Fixed route versus demand-responsive

One of the key factors in distinguishing between these two types of service is whether a passenger — in order to use the service — must request the service, typically by making a call or internet request.

With fixed-route service, no action by the individual is needed to initiate public transportation. If an individual is at a bus stop at the time the bus is scheduled to appear, then that individual will be able to access the transportation system. With demand-responsive service, the person has to take an additional step in order to ride the bus, i.e., he or she must make a phone call or other request.

However, an interaction between a passenger and the transportation service does not necessarily make the service demand-responsive. For example, needing to buy a ticket, needing to flag down a vehicle, or needing to make a room reservation at a hotel before hopping on a shuttle does not make an otherwise fixed-route service demand responsive.

ADA requirements

The Americans with Disabilities Act covers many different types of employers. For general informaiton on the ADA please consult the Human Resources Disabilities and the ADA section. There are also ADA-specific requirements in Part 37 and Part 38 passenger carriers. Please consult Part 37 and Part 38 for the relevant sections covering the bus mode of transporation for:

• OTRB accessibility;
• Passenger-boarding process;
• Passenger procedures at intermediate or rest stops;
• Lift and ramp inspections, operation, and maintenance;
• Wheelchairs and occupant size;
• Securement of wheelchairs and passengers;
• Service animals;
• Passengers with respirators or portable oxygen;
• Information availability to passengers;
• Awareness of prohibited discriminatory practices;
• Training and refresher training necessary to maintain ADA proficiency (see Part 37, Subpart H); and
• ADA reporting.

ADA reporting requirements

The DOT’s ADA reporting regulations require OTRB companies to submit three types of reports annually by the last Monday of every October:

1. Summary of service requests and services provided;
2. Fixed-route OTRB company’s annual lift-use summary; and
3. Annual report of ORRBs purchased/leased and overall fleet data.

Discriminatory practices

The following practices by are considered discriminatory:

• Denying transportation to passengers with disabilities.
• Using (or requesting the use of) persons other than company employees to provide routine boarding or other assistance to passengers with disabilities, unless the passenger requests or agrees to the assistance. This includes assistance from the passenger’s family members or traveling companions, medical or public safety personnel, etc.
• Requiring or requesting a passenger with a disability to reschedule a trip, or travel at a time other than the time the passenger has requested, in order to receive accessible transportation.
• Failing to provide reservation services to passengers with disabilities equivalent to those provided other passengers.
• Failing or refusing to comply with any applicable provision of Part 37.

While it is not considered discrimination to refuse to provide service to someone with disabilities who engages in violent, seriously disruptive, or illegal conduct, a passenger carrier cannot refuse service to someone solely because physical appearance (related to the disability) or involuntary behavior that may offend, annoy, or inconvenience the carrier’s employees or other persons.