36 CFR Part 1192 Americans with Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles (2016 Non-Rail Vehicle Guidelines) - Preamble

Purpose and Legal Authority

The Americans with Disabilities Act (ADA) charges the Access Board with responsibility for the development of minimum guidelines aimed at ensuring the accessibility and usability of transportation vehicles, including buses, over-the-road buses (OTRBs), and vans. See 29 U.S.C. 42 U.S.C. 12204, 12149(b); see also 792(b)(3)(B) & (b)(10) (authorizing Access Board to “establish and maintain” minimum guidelines for standards issued pursuant to titles II and III of the ADA). These guidelines, once adopted by DOT, become enforceable standards. In 1991, the Access Board issued accessibility guidelines for ADA-covered transportation vehicles (including buses, vans, and fixed guideway systems), and amended these guidelines in 1998 to include accessibility requirements for OTRBs.¹ Given the passage of nearly two decades, the existing guidelines are in need of a “refresh” for two primary reasons: to incorporate new accessibility-related technologies, such as automated announcement systems and level boarding bus systems, and to ensure that the agency’s transportation vehicle guidelines remain consistent with its other regulations that have been issued since 1998. See, e.g., Americans with Disabilities Act and Architectural Barriers Act Accessibility Guidelines (ADA and ABA Accessibility Guidelines), 36 CFR part 1191, apps. A - D. The final rule modifies only the existing guidelines for buses, vans, and OTRBs; the current guidelines for transportation vehicles operated in fixed guideway systems (e.g., rapid rail, light rail, commuter rail, and intercity rail) will be updated in a future rulemaking. Compliance with the final rule is not required until DOT adopts these revised guidelines as enforceable accessibility standards for ADA-covered buses, OTRBs, and vans.

In this preamble, the Access Board’s current accessibility requirements set forth in 36 CFR Part 1192 for buses, OTRBs, and vans covered by the ADA are collectively referred to as the “existing guidelines.” The accessibility guidelines established in this final rule for ADA-covered buses, OTRBs, and vans are collectively referred to as the “2016 Non-Rail Vehicle Guidelines.” Unless otherwise noted, citations in this preamble to particular sections or subsections refer to provisions in the 2016 Non-Rail Vehicle Guidelines.