FRA ADA Mandate for high level platforms for Commuter Rail will cost $$$$$$

[CandOforprogress2]

This is in reference to your complaint concerning the level boarding platform planned for Roanoke, Virginia.

 

 

 

 

 

 

 

Complainant’s Allegations

 

 

 

 

 

 

 

You allege that the Federal Railroad Administration’s (FRA) enforcement of the Americans with Disabilities Act (ADA) concerning high-level platforms at the proposed station at Roanoke is causing delays of up to 5 years with the station. You allege that this causes undue hardship to people with disabilities because there is no other practical way for individuals with a disability to travel via common carrier.

 

Law, Regulation and Policy

 

 

 

 

 

 

 

Title II of the ADA prohibits public entities, including Amtrak, from discriminating against disabled individuals. 42 U.S.C. §§ 12131, 12132. The Rehabilitation Act of 1973 prohibits exclusion of a disabled individual, solely because of his disability, from any program or activity receiving federal funds. 29 U.S.C. § 794. The DOT enforces Title II of the ADA, Section 504 of the Rehabilitation Act, and other civil rights statutes as they pertain to transportation, and DOT investigates complaints against recipients of DOT financial assistance. The Department’s recipients include Amtrak.

 

 

 

The regulation at 49 C.F.R. §37.42 provides a performance standard for service at platforms constructed or altered after February 1, 2012. The regulation states in relevant part:

 

 

 

(a) In addition to meeting the requirements of sections 37.9 and 37.41, an operator of a commuter, intercity, or high-speed rail system must ensure, at stations that are approved for entry into final design or that begin construction or alteration of platforms on or after February 1, 2012, that the following performance standard is met: individuals with disabilities, including individuals who use wheelchairs, must have access to all accessible

 

 

 

2

 

 

 

cars available to passengers without disabilities in each train using the station.

 

 

 

(b) For new or altered stations serving commuter, intercity, or high-speed rail lines or systems, in which no track passing through the station and adjacent to platforms is shared with existing freight rail operations, the performance standard of paragraph (a) of this section must be met by providing level-entry boarding to all accessible cars in each train that serves the station.

 

 

 

. . .

 

Decision

 

 

 

 

 

 

 

For purposes of this decision, the FRA accepts that you are a person with a disability. The proposed platform for Roanoke entered final design after the February 1, 2012, effective date of 49 C.F.R. § 37.42. Because the platform is adjacent to a new track the Department’s regulation requires level boarding.

 

 

 

Thank you for sharing your concerns about this matter.

 

Notice

 

 

 

 

 

 

 

You should also be aware that no one may intimidate, threaten, coerce, or engage in other discriminatory conduct against anyone because he or she has either taken action or participated in an action to secure rights protected under the ADA or Rehabilitation Act. Any individual alleging such harassment or intimidation related to intercity rail transportation may file a complaint with the DOT, Federal Railroad Administration (FRA). Any complaint to the FRA must be filed within 180 days of the alleged discrimination. You should also note that nothing in this administrative action precludes you from filing this complaint in an appropriate court should you choose to do so.

 

 

 

If you any questions regarding this letter, please contact me at either [phone] or toll-free at [phone], extension 36010.

 

 

 

Sincerely,

 

 

 

Calvin Gibson

 

 

 

Director, Office of Civil Rights

 

[GERALD L MCFARLANE JR]

So, what that tells me is that Congress needs to redo the law so it doesn't mandate access to all cars, instead of just a few, which is what it should have been in the first place.  Once again, a lack of common sense, but what do you expect from politicians.