• Over-the-road bus (OTRB) passenger carriers must comply with the ADA or have their authortiy denied or revoked.
• FMCSA is authorized to conduct ADA audits.

The Over-the-Road Bus Transportation Accessibility Act of 2007 authorized the FMCSA to deny or revoke the interstate operating authority of OTRB companies found to be willfully violating the ADA regulations. This is the agency’s only ADA enforcement option, and it results in a complete shutdown of the bus company. The FMCSA does not have the authority to assess fines, civil penalties, or any other sanctions for ADA violations. The U.S. Department of Justice (DOJ), however, does have the authority to issue civil penalties for ADA violations. Therefore, the FMCSA — as the agency generally in charge of OTRB company oversight — monitors OTRB companies’ ADA compliance and can report violations to the DOJ, which can then issue fines and penalties.

FMCSA does conduct ADA Reviews and there are potential violations OTRB carriers can be cited in an ADA audit checklist. These reviews must be conducted by trained ADA auditors and can be done alone or in conjunction with an FMCSA compliance review. A few key points of what to expect in an ADA review are:

• The carrier representative will receive a request which may include at a minimum, financial information, bills of sale and lease contracts for motorcoaches in the past 12 months, lists of vehicles and drivers, fixed route service details, lift maintenance records, and accessible service request records, ADA reports and training records, via email after an appointment for the review is made.
• The carrier must have as many accessible OTRBs available for assessment as feasible during the ADA review. If some accessible OTRBs will not be available for assessment, the auditor will request that the carrier provide records which substantiate the accessible status of the unavailable OTRBs such as final vehicle records, bills of sale or lease contracts, etc.
• The auditor will start the introductory interview by asking about provided services, identity and types of customers, how service requests are handled administratively, accessible and inaccessible OTRBs in the vehicle fleet, how ADA related employee training is conducted, lift maintenance program if accessible OTRBs are operated, any subcontracting arrangements with other OTRB operators with accessible service capacity, the frequency of accessible service requests and lift usage, etc. and will try to determine whether the OTRB operator provides any fixed-route or demand-responsive service.
• A determination will also be made as to whether the OTRB operator is affiliated with another transportation entity that is either a sibling or parent entity to determine of they could be considered large through affiliation when its singular annual transportation revenue is below the large threshold.
• It is also important for the auditor to determine whether the OTRB operator owns and/or term leases any accessible OTRBs. A compliant accessible OTRB has at least two securement locations for a wheelchair or other mobility device, and securement devices, as required by 49 CFR 38.159(a). Lifts will also be cycled by a company representative.

The table below below includes Serious and Minor violations. Serious violations will generally result in enforcement action. Minor violations are not insignificant and can result in enforcement action if done in a willful or repeated manner. Documentation of violations may be used by FMCSA to take an enforcement action and/or used to support subsequent investigations conducted by Department of Justice.