Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities

2.7 Vehicle and Transportation Systems Accessibility.

Under DOT ADA Title II, Subpart B, and Title III regulations in 49 CFR parts 37 and 38, public entities that provide designated or specified public transportation or intercity or commuter rail transportation must provide access for persons with disabilities. Since transportation by aircraft is excluded from the definition of designated or specified transportation, these regulations have limited applicability to airports. The areas of the regulation that apply are summarized below.

2.7.1 49 CFR § 37.33.
This section specifically addresses an airport’s responsibilities in reference to airport-operated transportation systems. If an airport is operating a transportation system that provides designated public transportation (and connects parking lots and terminals or provides transportation among terminals) it is subject to the requirements in 49 CFR part 37 for fixed-route and demand-responsive systems. Airports that operate fixed-route transportation systems are subject to the requirements in 49 CFR part 37 for commuter bus service operated by public entities. The provision by an airport of additional accommodations (e.g., parking spaces in a close-in lot) is not a substitute for meeting the requirements in 49 CFR § 37.33(a); and

2.7.2 Fixed-route transportation systems.
Fixed-route transportation systems operated by airports between the airport and a limited number of destinations in the area that it serves are subject to the requirements in 49 CFR part 37 for commuter bus systems operated by public entities. (49 CFR Section 37.33(b)).

2.7.2.1 Private Entity Transportation Systems.
Private jitneys (small buses or vans that carry passengers over a regular route on a flexible schedule) or shuttle services that provide transportation between the airport and destinations in the area it serves, either in a route-deviation or another variable mode in a demand-responsive service, must provide accessible services in accordance with 49 CFR § 37.33(c) implementing Title III. It is the airport’s responsibility to be aware of these requirements.

2.7.2.2 Taxis.
Private taxi providers are not required to purchase or lease accessible automobiles. However, if they purchase a vehicle other than an automobile, that vehicle must be accessible unless the provider can demonstrate equivalency as provided in § 37.105. Taxi providers using only automobiles may not discriminate against persons with disabilities who are able to use the automobile, in accordance with 49 CFR § 37.29 implementing Title III. It is the airport’s responsibility to be aware of these requirements.

2.7.2.3 Private Entities Not Primarily Engaged in Transportation.
Shuttle systems and other transportation services operated by privately owned hotels, car rental companies, or other public accommodations are subject to the applicable sections of 49 CFR § 37.37. It is the airport’s responsibility to be aware of these requirements.