36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)

Van Accessible Parking Spaces

Comment. Section 208.2.4 covers van accessible spaces. The proposed rule specified that one of every eight accessible spaces, or fraction thereof, be designed to accommodate vans. Technical specifications for van spaces provide for a wider access aisle to better accommodate lift-equipped vehicles. Many comments considered this number to be wholly insufficient. People with disabilities who use vans reported difficulty finding available van spaces which, when provided, are too often already occupied. Recommended alternate scoping levels varied, though some urged that all accessible spaces be van accessible.

Response. The final rule has been revised to require one van space for every six accessible spaces, or fraction thereof. This change does not increase the total number of parking spaces required to be accessible, but instead increases the portion of such spaces that must be accessible to vans. The Board made this change due to several factors. In addition to the response from commenters, anecdotal information clearly suggests that the use of vans by persons with disabilities is on the rise. In addition, the Board is aware of other entities, such as the State of Maryland, that have responded to this demand for more van spaces by doubling the required number. Another consideration is that van spaces are not designated or reserved exclusively for vans; their use by people who do not drive vans can impact their availability among accessible spaces. The primary difference between van spaces and standard accessible spaces is an additional three feet of aisle width. The technical specifications permit the additional space to be provided in either the aisle or the space. The Board believes that the impact of this change is lessened by technical requirements that allow two accessible spaces, including van spaces, to share the same aisle.