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

T403 Lifts

The technical requirements for lifts have been substantially revised in the 2016 Non-Rail Vehicle Guidelines. In the 2010 NPRM, the technical requirements for lifts were set forth in five enumerated provisions, with one section (T302.5) having eleven subsections. See 2010 NPRM, Sections T302.1 – T302.5. These provisions addressed design load, controls, manual operation, platform characteristics, gaps, threshold ramps, contrast, deflection, movement, boarding direction, standees, and handrails. Id. Several commenters, including transit operators and a bus manufacturer, expressed concern with certain aspects of these proposed technical provisions, including specifications for interior and exterior manual releases in the event of a power failure. These commenters urged the Access Board to instead reference existing standards for public vehicular lifts set forth in the FMVSS, which are issued by the National Highway Traffic Safety Administration. See 49 CFR 571.403, 571.404.

After considering this recommendation, the Board has determined that the public lift standards in the FMVSS provide a similar level of accessibility relative to the proposed rule, and, as well, provide measurable testing requirements that ensure both accessibility and safety for lift users. Section T403 of the 2016 Non-Rail Vehicle Guidelines has thus been revised to incorporate the technical requirements for public use lifts specified in Standards 403 and 404 of the FMVSS, which are codified at 49 CFR 571.403 and 571.404. We do, however, carry forward the requirement from the proposed rule that lift platforms be designed to permit passengers who use wheelchairs to board the platforms facing either toward or away from the vehicle. The public lift standards in the FMVSS are silent on boarding direction, so this requirement is set forth in a separate, stand-alone provision in the final rule. See 2016 Non-Rail Vehicle Guidelines, T403.2.