The Americans with Disabilities Act (ADA) was passed in 1990. The ADA is composed of five titles that provides civil rights protection for individuals with disabilities against discrimination in all areas of public life. Public transportation, which is a right of public life, falls under Title II, subsection B of the ADA. While the enforcing agency of the ADA is the Department of Justice, the governing agency over safety and oversight regarding public transportation is the Federal Transit Administration (FTA). The FTA’s mission is to provide technical assistance and financial resources to advance accessibility in public transportation. Together, these two agencies provide oversight and enforcement regarding ADA compliance in public transportation.
What is Public Transportation?
Public transportation is defined as any vehicle which provides continuing general or specific services to any member of the public on a regular basis. Modes of public transportation are area specific, but some examples of public transportation include buses, light rails, trolleys, ferries, subways, commuter trains, and vanpool services.
What Rights do Deaf Riders Have?
The ADA guarantees Deaf riders equal access to public transportation services. This means Deaf or hard of hearing individuals cannot be denied access to public transportation. Deaf or Hard of hearing individuals have access to priority seating. Deaf riders do not have to sit in priority seating, however it should be available to them in all public transportation vehicles.
In addition to these public transportation options, the ADA also provides para-transit services. Para-transit services are ridesharing options available to Deaf individuals that provide curb-to-curb services from public transportation drop off points to distinct points of interests or residential homes. One option is open to the public, this service is called Dial-a-Ride. If you need a ride you would reserve the service at least a day in advance. An option that is specifically for Deaf or Hard of hearing individuals or other individuals who require additional accessibility would be the ADA transit service. Both options are for a fee; however, Deaf or hard of hearing individuals pay a reduced rate. It is not required that a Deaf or hard of hearing individual use paratransit services instead of public transportation services, if they feel that public transportation can accommodate their communication and/or accessibility needs.
Public Transportation Accommodations
When using public transportation, all types of transportation must meet specific accessibility requirements. For Deaf riders, the biggest accommodation that must be made is that verbal information communicated over PA systems must be able to be communicated in written form so that Deaf riders are aware of delays, emergencies, and upcoming stops.
There are many accommodations that can be made to make public transportation more accessible in this way. The first would be to provide transportation service information, emergency alerts, and ride stops on information screens within transportation hubs like subway or train stations. Another possible option to increase accessibility for Deaf or hard of hearing individuals would be the use of a SMS alert system. For shorter transportation options, like light rails or buses, Deaf riders could still use SMS alert systems or information screens, in addition to visual safety cues like light alerts for when the bus or light rail is stopping, opening or closing their doors, or if there is an emergency situation. As always, Deaf or hard of hearing riders have the right to request auxiliary aids and services including American Sign Language (ASL) interpreters, oral interpreters, notetakers, real-time captioned transcriptions, written materials, headset amplifiers, and assistive listening devices or systems, teletypewriters compatible with hearing aids, closed caption decoders, or videotext displays. Basically, any accommodation that allows aurally delivered materials to Deaf or hard of hearing riders. Again, these accommodations must be considered reasonable by the public transportation agency and must not create an undue burden on the company, so whatever accommodation that can effectively meet the needs of a Deaf or hard of hearing rider will be provided at no cost to the rider to ensure equal access to public transportation.
In addition to the accommodations that can be requested by Deaf and hard of hearing riders, The ADA and the FTA have their own agency requirements that explicitly state that assistive technology be available to riders and that any communication devices within the public transportation vehicle must be operational. Requirements also go on to state that if a feature breaks it must be repaired promptly and that a vehicle that has operational devices be used as an alternative.
Other reasonable accommodations that can be offered to Deaf or Hard of hearing riders include priority seating and signs displaying verbal information, such as stop announcements or destination information on vehicles. Service animals are also allowed on public transportation to help cue Deaf or Hard of hearing individuals for their respective stops. Vehicle operators should also be trained to operate any assistive technology. It is also an FTA requirement that vehicle operators work and communicate with Deaf and hard of hearing individuals in a respectful, courteous manner. Some vehicle operators are even able to communicate with riders in ASL to minimize any miscommunication.
Conclusion
Public transportation is a right of public life for all Americans and has been used by all of us at one point or another. If a Deaf or hard of hearing rider ever feels like they have been the victim of discrimination by a public transportation agency, then they have the right to file a claim with the civil rights division within the FTA. The aim of the FTA is to reduce miscommunication by providing reasonable accommodations and advance accessibility in the public transportation sector. Effective communication is required between rider and driver when utilizing public transportation so that there is no miscommunication. If you are ever in need of bridging the communication gap and creating an inclusive and accessible environment for all, reach out to Unspoken Language Services, a professional sign language interpreter service.
