Buses: In 2002, 91% of public transit buses were ADA lift or ramp equipped. Capital and operational improvements resulting from the ADA include not only a significant expansion of lift- and ramp-equipped buses, but also partial success in making fare collection technology more accessible, and increased availability of formats for disseminating accessible information. Low-floor buses with ramps have become an accessibility option widely preferred over conventional lift-equipped buses by both riders with disabilities and transit agencies, even through the buses are somewhat smaller than conventional buses and offer less maneuvering space at the bus entry level. Problems on buses include:

• Drivers refusing to announce stops, this also happens on rail systems;
• Bus and lift regular maintenance
• Drivers refusing to stop and pick up people using wheelchairs
• Ensuring proper securement, securing certain mobility devices, and making securement optional.

Rail transit: Key stations include those with the most traffic, transfer stations, major interchange points with other transportation modes, most end stations, and stations serving major activity centers. The ADA required key stations to be accessible by 1993, unless they needed extraordinarily expensive structural changes, such as the installation of elevators or the raising of the entire passenger platform. Issues include elevator maintenance and information on outages and the width of the gap between the car and the platform.

Amtrak: Amtrak can claim some of the earliest progress on accessibility of any transit system-years before the ADA, Amtrak was used extensively along the eastern seaboard by people with disabilities who had no other options. More recently, in 1998 and 1999, Amtrak undertook an extensive self-training effort on the ADA and service to people with disabilities. Regrettably, the training program eventually fell victim to budget cuts. Amtrak has also posed some problems for people with disabilities. The Disability Rights Education and Defense Fund (DREDF) addressed several issues in litigation with Amtrak, including accessibility of sleeper cars and safe securement for scooter users as well as wheelchair users.

Court decisions: Title II of the ADA is divided in two parts. Subtitle A, the Department of Justice regulation, contains general requirements that apply to publicly funded transportation. Subtitle B, the Department of Transportation regulation, contains all the transportation specific requirements for fixed-route, paratransit and all other public funded transportation. Transit agencies are often unaware of Subtitle A. At the same time the ADA was passed, DOT updated the requirements it imposed specifically on public funded transportation. In the Burkhart decision, the Washington, D.C Circuit Court stated, that while it does not need to address the issue of Part A coverage of transit agencies to reach its decision in this case, it reasoned that public transit providers are also covered by Part A and, therefore, by the DOJ Title II regulation. The Burkhart court cites the ADA’s definition of “public entity,” which includes mention of a type of transit agency (“any commuter authority”), that is, a transit agency providing commuter rail service. DOJ filed a “friend of the court” brief establishing the position of the Executive Branch, including DOT and DOJ, that public transportation agencies are subject to the DOJ’s regulation. On the contrary, in Milton v. Dart the U.S. Fifth Circuit Court in New Orleans found that the DOJ requirement did not apply to paratransit, although this finding is contrary to DOT’s own 504 regulation, the Burkhart decision, to the views of DOJ (in its Burkhart amicus) and FTA (in its complaint decisions).

Service animals: Transportation providers sometimes have difficulty determining whether an animal is a pet or a service animal. The legal term “service animal” applies to any animal individually trained to help a person with a disability with his or her disability-related needs. However, the public uses many terms to describe such animals. To determine whether the ADA applies, transit providers must consider the role of the animal, and not just the term used to describe the animal.

Barriers to people with multiple chemical sensitivities: People with multiple chemical sensitivities (MCS) have extremely debilitating reactions to certain chemicals and other substances that are prevalent in the built environment—substances which, to them, are toxic. The general public is very poorly informed about this disability. Like most public indoor environments, transit systems present many barriers to would-be travelers with MCS.

Routed deviation service: In the route deviation model, buses deviate from an established route to pick up or drop off passengers at, or closer to, their origin or destination, as long as it is within the designated service area. Because flex routes generally incorporate some degree of demand-responsive operation, they typically carry fewer passengers per hour than conventional fixed-route service, but they carry more passengers than a paratransit service.

Community bus routes: Community bus routes are essentially fixed-route services that are designed to reduce the distance to the bus stop for riders, rather than to shorten the time required to travel between stops. Small buses operate in medium- to high-density areas where there are large concentrations of potential riders, including people with disabilities, seniors, and children. For community bus routes to succeed, origins and destinations must be easily linked, such as housing complexes, senior centers, medical buildings, and shopping plazas. The buses are small so that they can travel on neighborhood streets and enter driveways and parking lots. Community buses are often provided by cities, with or without transit agency assistance.

Accessible taxi service: A significant barrier to taxicab travel for people with disabilities is the lack of wheelchair access. The ADA does not require wheelchair-accessible taxi vehicles unless the taxi service uses vans that were newly purchased by the taxi provider and have a seating capacity of fewer than eight passengers. However, there is a great deal of activity across the country aimed at putting wheelchair-accessible taxicabs into circulation. Issues include: keeping the vehicles in use and available; accessibility and nondiscrimination; training; enforcement; and vehicles and cost.

Greyhound and other intercity bus service: Most over-the-roads buses (OTRBs) are used in private intercity, tour, and sometimes charter service. The major intercity bus provider is Greyhound Lines Inc., and there are a variety of smaller regional carriers. Historically, almost none of these companies provided wheelchair-accessible service until a number of years after accessible buses came into use in many cities. Greyhound, in particular, was a target for demonstrations and civil disobedience in the 1980s by ADAPT. In 1998 the Department of Transportation issued a regulation requiring companies like Greyhound to provide accessible service if requested at least 48 hours in advance. Any newly purchased buses must be accessible. The companies must achieve accessibility in at least half their fleets by 2006, and in the full fleets by 2012, with a possible extension by the Secretary of Transportation. When the fleets are 100% accessible, the 48-hour advance notice will no longer be needed, and may not be required. In 1999, the DOJ entered into a settlement agreement with Greyhound, resulting from complaints regarding passenger assistance, the accessibility of Greyhound vehicles, and other issues. Under this agreement, Greyhound provided lift-equipped buses on 48 hours’ notice two years before the DOT regulation required it to do so. As a result of the settlement, Greyhound also developed and provided training, employee discipline procedures, a customer complaint resolution system, and other changes to improve accessibility.

Airport shuttles and other airport-related services: Airport, hotel, rental car companies shuttle people to their car lots and hotels. Airport parking shuttles are important to air travelers and many are not accessible to people with disabilities. On the whole, many travelers with disabilities have had difficulties finding usable airport services. In April 2002, DOJ signed a settlement agreement with SuperShuttle International to ensure that the nation’s largest door-to-door airport shuttle company provides the same level of service to wheelchair users as it provides to the general public. The company agreed to have two accessible vehicles at each of its 11 corporate locations nationwide within one year, as well as standing subcontracts with accessible transportation providers to meet overflow demand. Another important link at airports is the parking lot shuttle system.