Transportation under the American with Disabilities Act (ADA) Part I

The Americans with Disabilities Act (ADA) prohibits discrimination in public transportation by both publicly and privately funded entities. Title II covers publicly funded entities and Title III covers privately funded entities.

Public transportation can be by bus or rail, boat or ship. Air travel is excluded from ADA regulations as it is covered by the Air Carrier Access Act of 1986. Related services, such as ground transportation operated by public airports are subject to the same requirements as other public transit agencies. Public airport facilities are covered by Title II of ADA and Section 504 of the Rehabilitation Act of 1973. Private airports are covered by Title III, and in some cases, by Section 504. Public accommodations within airports, such as restaurants and newsstands, are covered by Title III of the ADA.

Public school transportation below the college level is excluded from coverage because of other disability rights laws. Much private school transportation is also excluded due to the exemption of religious organizations from coverage by Title III.

Publicly funded transportation agencies that are recipients of funds from the Federal Department of Transportation must comply with all ADA regulations including those of the Department of Transportation, those of the Department of Justice implementing Title II of the ADA, and those of the Equal Employment Opportunity Commission implementing Title I of the ADA.

For those of you interested in more specific transportation information under ADA, be sure to read Part II in this series, Transportation under the ADA.

This information was taken from The Disability Rights Education and Defense Fund, Inc. book entitled, "ADA, An Implementation Guide"