Disability Law Handbook

Transportation and the ADA

Is public transportation covered by the ADA?

Yes. If it is offered by a state or local government, it is covered by Title II of the ADA. If it is offered by a private company, it is covered by Title III.

Do all buses have to be accessible to people who use wheelchairs?

At this point, nearly all buses are required to be accessible. When the ADA was passed in 1990, it required that any new bus that was leased or purchased after that date would have to be accessible to people who use wheelchairs, but it did not require retrofitting of older buses. Since buses are generally replaced after 10 or 12 years, it would be very rare to have an inaccessible bus still in the fleet, since the ADA was passed 19 years ago.

Do bus drivers have to let people who are blind ride the buses?

Bus drivers may not discriminate against people because of a disability. No transit provider may deny any person with a disability, on the basis of disability, the opportunity to use the transit provider’s service.

Are taxicabs covered by the ADA even if they are driven by private independent contractors?

Yes. Taxicabs are still covered by the ADA even if the drivers are not technically employees of a cab company.

Are shuttle buses on college campuses covered by the ADA?

The ADA does not require a college campus to offer a shuttle bus system, but if it does, then students with disabilities must be able to ride the shuttle system or be provided with equivalent transportation.

What is paratransit?

Paratransit is a transportation service that supplements public transit fixed route systems by providing door-to-door service for individuals with disabilities who cannot use the fixed route service.

Do all cities or counties have to offer paratransit service?

Any public entity that offers a fixed route service must also offer paratransit because there will always be some individuals with disabilities who are unable to navigate the fixed route systems on their own.

Is paratransit free?

No. Paratransit fares may not exceed twice the fare that would be paid by a person paying full fare on a comparable trip on the fixed route system.

Is every person who has a disability eligible for paratransit?

No. There are three categories of eligibility for paratransit:

Individuals who cannot navigate the fixed route system, as a result of a physical or mental impairment, without the assistance of another individual (other than the operator of a wheelchair lift or other boarding device);
Individuals with disabilities who can use buses that have wheelchair lifts, but want to travel on a route that uses buses that are not accessible; and
Individuals with disabilities who have specific impairment-related conditions that prevent the person from traveling to a boarding location or from a disembarking location. It must really prevent the travel and not just make it more difficult.

Does paratransit have to cover the same areas as the fixed route service covers?

The transit agency has to provide paratransit to and from places within corridors that are ¾ mile on each side of all fixed bus route service – making the corridor 1.5 miles wide.

What days and hours does paratransit have to be offered?

Paratransit must be available throughout the same hours and days as the transit agency’s fixed route service.

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