Office of the Secretary of Transportation § 38.2

PART 38—AMERICANS WITH DIS- Subpart F—Intercity Rail Cars and Systems ABILITIES ACT (ADA) ACCESSI- 38.111 General. BILITY SPECIFICATIONS FOR 38.113 Doorways. TRANSPORTATION VEHICLES 38.115 Interior circulation, handrails and stanchions. 38.117 Floors, steps and thresholds. Subpart A—General 38.119 Lighting. Sec. 38.121 Public information system. 38.1 Purpose. 38.123 Restrooms. 38.125 Mobility aid accessibility. 38.2 Equivalent facilitation. 38.127 Sleeping compartments. 38.3 Definitions. 38.4 Miscellaneous instructions. Subpart G—Over-the-Road Buses and Subpart B—Buses, Vans and Systems Systems 38.21 General. 38.151 General. 38.23 Mobility aid accessibility. 38.153 Doors, steps and thresholds. 38.155 Interior circulation, handrails and 38.25 Doors, steps and thresholds. stanchions. 38.27 Priority seating signs. 38.157 Lighting. 38.29 Interior circulation, handrails and 38.159 Mobility aid accessibility. stanchions. 38.161 Moveable aisle armrests. 38.31 Lighting. 38.33 Fare box. Subpart H—Other Vehicles and Systems 38.35 Public information system. 38.37 Stop request. 38.171 General. 38.39 Destination and route signs. 38.173 Automated guideway transit vehicles and systems. Subpart C—Rapid Rail Vehicles and 38.175 High-speed rail cars, monorails and Systems systems. 38.177 Ferries, excursion boats and other 38.51 General. vessels. [Reserved] 38.53 Doorways. 38.179 Trams, and similar vehicles, and sys- 38.55 Priority seating signs. tems. 38.57 Interior circulation, handrails and FIGURES TO PART 38 stanchions. APPENDIX TO PART 38—GUIDANCE MATERIAL 38.59 Floor surfaces. 38.61 Public information system. AUTHORITY: 42 U.S.C. 12101–12213; 49 U.S.C. 38.63 Between-car barriers. 322. SOURCE: 56 FR 45756, Sept. 6, 1991, unless Subpart D—Light Rail Vehicles and Systems otherwise noted. 38.71 General. 38.73 Doorways. Subpart A—General 38.75 Priority seating signs. 38.77 Interior circulation, handrails and § 38.1 Purpose. stanchions. 38.79 Floors, steps and thresholds. This part provides minimum guide- 38.81 Lighting. lines and requirements for accessibility 38.83 Mobility aid accessibility. standards in part 37 of this title for 38.85 Between-car barriers. transportation vehicles required to be 38.87 Public information system. accessible by the Americans With Dis- abilities Act (ADA) of 1990 (42 U.S.C. Subpart E—Commuter Rail Cars and 1201 et seq.). Systems 38.91 General. § 38.2 Equivalent facilitation. 38.93 Doorways. Departures from particular technical 38.95 Mobility aid accessibility. and scoping requirements of these 38.97 Interior circulation, handrails and guidelines by use of other designs and stanchions. technologies are permitted where the 38.99 Floors, steps and thresholds. alternative designs and technologies 38.101 Lighting. 38.103 Public information system. used will provide substantially equiva- 38.105 Priority seating signs. lent or greater access to and usability 38.107 Restrooms. of the vehicle. Departures are to be 38.109 Between-car barriers. considered on a case-by-case basis

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under procedures set forth in § 37.7 of change mechanism or boarding device this title. (e.g., lift or ramp) complying with paragraph (b) or (c) of this section and § 38.3 Definitions. sufficient clearances to permit a wheel- See § 37.3 of this title. chair or other mobility aid user to reach a securement location. At least § 38.4 Miscellaneous instructions. two securement locations and devices, (a) Dimensional conventions. Dimen- complying with paragraph (d) of this sions that are not noted as minimum section, shall be provided on vehicles or maximum are absolute. in excess of 22 feet in length; at least (b) Dimensional tolerances. All dimen- one securement location and device, sions are subject to conventional engi- complying with paragraph (d) of this neering tolerances for material prop- section, shall be provided on vehicles 22 erties and field conditions, including feet in length or less. normal anticipated wear not exceeding (b) Vehicle lift—(1) Design load. The accepted industry-wide standards and design load of the lift shall be at least practices. 600 pounds. Working parts, such as ca- (c) Notes. The text of these guidelines bles, pulleys, and shafts, which can be does not contain notes or footnotes. expected to wear, and upon which the Additional information, explanations, lift depends for support of the load, and advisory materials are located in shall have a safety factor of at least the Appendix. six, based on the ultimate strength of (d) General terminology. (1) Comply the material. Nonworking parts, such with means meet one or more specifica- as platform, frame, and attachment tion of these guidelines. hardware which would not be expected (2) If or if***then denotes a speci- to wear, shall have a safety factor of at fication that applies only when the least three, based on the ultimate conditions described are present. strength of the material. (3) May denotes an option or alter- (2) Controls—(i) Requirements. The native. controls shall be interlocked with the (4) Shall denotes a mandatory speci- vehicle brakes, transmission, or door, fication or requirement. or shall provide other appropriate (5) Should denotes an advisory speci- mechanisms or systems, to ensure that fication or recommendation. the vehicle cannot be moved when the lift is not stowed and so the lift cannot Subpart B—Buses, Vans and be deployed unless the interlocks or Systems systems are engaged. The lift shall de- ploy to all levels (i.e., ground, curb, § 38.21 General. and intermediate positions) normally (a) New, used or remanufactured encountered in the operating environ- buses and vans (except over-the-road ment. Where provided, each control for buses covered by subpart G of this deploying, lowering, raising, and stow- part), to be considered accessible by ing the lift and lowering the roll-off regulations in part 37 of this title shall barrier shall be of a momentary con- comply with the applicable provisions tact type requiring continuous manual of this subpart. pressure by the operator and shall not (b) If portions of the vehicle are allow improper lift sequencing when modified in a way that affects or could the lift platform is occupied. The con- affect accessibility, each such portion trols shall allow reversal of the lift op- shall comply, to the extent practicable, eration sequence, such as raising or with the applicable provisions of this lowering a platform that is part way subpart. This provision does not re- down, without allowing an occupied quire that inaccessible buses be retro- platform to fold or retract into the fitted with lifts, ramps or other board- stowed position. ing devices. (ii) Exception. Where the lift is de- signed to deploy with its long dimen- § 38.23 Mobility aid accessibility. sion parallel to the vehicle axis and (a) General. All vehicles covered by which pivots into or out of the vehicle this subpart shall provide a level- while occupied (i.e., ‘‘rotary lift’’), the

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requirements of this paragraph prohib- form is occupied. Alternatively, a bar- iting the lift from being stowed while rier or system may be raised, lowered, occupied shall not apply if the stowed opened, closed, engaged, or disengaged position is within the passenger com- by the lift operator, provided an inter- partment and the lift is intended to be lock or inherent design feature pre- stowed while occupied. vents the lift from rising unless the (3) Emergency operation. The lift shall barrier is raised or closed or the sup- incorporate an emergency method of plementary system is engaged. deploying, lowering to ground level (6) Platform surface. The platform sur- with a lift occupant, and raising and face shall be free of any protrusions stowing the empty lift if the power to over 1⁄4 inch high and shall be slip re- the lift fails. No emergency method, sistant. The platform shall have a min- manual or otherwise, shall be capable imum clear width of 281⁄2 inches at the of being operated in a manner that platform, a minimum clear width of 30 could be hazardous to the lift occupant inches measured from 2 inches above or to the operator when operated ac- the platform surface to 30 inches above cording to manufacturer’s instructions, the platform, and a minimum clear and shall not permit the platform to be length of 48 inches measured from 2 stowed or folded when occupied, unless inches above the surface of the plat- the lift is a rotary lift and is intended form to 30 inches above the surface of to be stowed while occupied. the platform. (See Fig. 1) (4) Power or equipment failure. Plat- (7) Platform gaps. Any openings be- forms stowed in a vertical position, and tween the platform surface and the deployed platforms when occupied, raised barriers shall not exceed 5⁄8 inch shall have provisions to prevent their in width. When the platform is at vehi- deploying, falling, or folding any faster cle floor height with the inner barrier than 12 inches/second or their dropping (if applicable) down or retracted, gaps of an occupant in the event of a single between the forward lift platform edge failure of any load carrying compo- and the vehicle floor shall not exceed 1⁄2 nent. inch horizontally and 5⁄8 inch (5) Platform barriers. The lift platform vertically. Platforms on semi-auto- shall be equipped with barriers to pre- matic lifts may have a hand hold not vent any of the wheels of a wheelchair exceeding 11⁄2 inches by 41⁄2 inches lo- or mobility aid from rolling off the cated between the edge barriers. platform during its operation. A mov- (8) Platform entrance ramp. The en- able barrier or inherent design feature trance ramp, or loading-edge barrier shall prevent a wheelchair or mobility used as a ramp, shall not exceed a slope aid from rolling off the edge closest to of 1:8, measured on level ground, for a the vehicle until the platform is in its maximum rise of 3 inches, and the fully raised position. Each side of the transition from roadway or sidewalk to lift platform which extends beyond the ramp may be vertical without edge vehicle in its raised position shall have treatment up to 1⁄4 inch. Thresholds be- a barrier a minimum 11⁄2 inches high. tween 1⁄4 inch and 1⁄2 inch high shall be Such barriers shall not interfere with beveled with a slope no greater than maneuvering into or out of the aisle. 1:2. The loading-edge barrier (outer bar- (9) Platform deflection. The lift plat- rier) which functions as a loading ramp form (not including the entrance ramp) when the lift is at ground level, shall shall not deflect more than 3 degrees be sufficient when raised or closed, or a (exclusive of vehicle roll or pitch) in supplementary system shall be pro- any direction between its unloaded po- vided, to prevent a power wheelchair or sition and its position when loaded mobility aid from riding over or defeat- with 600 pounds applied through a 26 ing it. The outer barrier of the lift inch by 26 inch test pallet at the cen- shall automatically raise or close, or a troid of the platform. supplementary system shall automati- (10) Platform movement. No part of the cally engage, and remain raised, platform shall move at a rate exceed- closed, or engaged at all times that the ing 6 inches/second during lowering and platform is more than 3 inches above lifting an occupant, and shall not ex- the roadway or sidewalk and the plat- ceed 12 inches/second during deploying

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or stowing. This requirement does not (3) Ramp threshold. The transition apply to the deployment or stowage cy- from roadway or sidewalk and the cles of lifts that are manually deployed transition from vehicle floor to the or stowed. The maximum platform hor- ramp may be vertical without edge izontal and vertical acceleration when treatment up to 1⁄4 inch. Changes in occupied shall be 0.3g. level between 1⁄4 inch and 1⁄2 inch shall (11) Boarding direction. The lift shall be beveled with a slope no greater than permit both inboard and outboard fac- 1:2. ing of wheelchair and mobility aid (4) Ramp barriers. Each side of the users. ramp shall have barriers at least 2 (12) Use by standees. Lifts shall ac- inches high to prevent mobility aid commodate persons using walkers, wheels from slipping off. crutches, canes or braces or who other- (5) Slope. Ramps shall have the least wise have difficulty using steps. The slope practicable and shall not exceed platform may be marked to indicate a 1:4 when deployed to ground level. If preferred standing position. the height of the vehicle floor from (13) Handrails. Platforms on lifts which the ramp is deployed is 3 inches shall be equipped with handrails on two or less above a 6-inch curb, a maximum sides, which move in tandem with the slope of 1:4 is permitted; if the height lift, and which shall be graspable and of the vehicle floor from which the provide support to standees throughout ramp is deployed is 6 inches or less, but the entire lift operation. Handrails greater than 3 inches, above a 6-inch shall have a usable component at least curb, a maximum slope of 1:6 is per- 8 inches long with the lowest portion a mitted; if the height of the vehicle minimum 30 inches above the platform floor from which the ramp is deployed and the highest portion a maximum 38 is 9 inches or less, but greater than 6 inches above the platform. The hand- inches, above a 6-inch curb, a max- rails shall be capable of withstanding a imum slope of 1:8 is permitted; if the force of 100 pounds concentrated at any height of the vehicle floor from which point on the handrail without perma- the ramp is deployed is greater than 9 nent deformation of the rail or its sup- inches above a 6-inch curb, a slope of porting structure. The handrail shall 1:12 shall be achieved. Folding or tele- have a cross-sectional diameter be- scoping ramps are permitted provided tween 11⁄4 inches and 11⁄2 inches or shall they meet all structural requirements provide an equivalent grasping surface, of this section. and have eased edges with corner radii (6) Attachment. When in use for board- of not less than 1⁄8 inch. Handrails shall ing or alighting, the ramp shall be be placed to provide a minimum 11⁄2 firmly attached to the vehicle so that inches knuckle clearance from the it is not subject to displacement when nearest adjacent surface. Handrails loading or unloading a heavy power shall not interfere with wheelchair or mobility aid and that no gap between mobility aid maneuverability when en- vehicle and ramp exceeds 5⁄8 inch. tering or leaving the vehicle. (7) Stowage. A compartment, secure- (c) Vehicle ramp—(1) Design load. ment system, or other appropriate Ramps 30 inches or longer shall support method shall be provided to ensure a load of 600 pounds, placed at the cen- that stowed ramps, including portable troid of the ramp distributed over an ramps stowed in the passenger area, do area of 26 inches by 26 inches, with a not impinge on a passenger’s wheel- safety factor of at least 3 based on the chair or mobility aid or pose any haz- ultimate strength of the material. ard to passengers in the event of a sud- Ramps shorter than 30 inches shall sup- den stop or maneuver. port a load of 300 pounds. (8) Handrails. If provided, handrails (2) Ramp surface. The ramp surface shall allow persons with disabilities to shall be continuous and slip resistant; grasp them from outside the vehicle shall not have protrusions from the while starting to board, and to con- surface greater than 1⁄4 inch high; shall tinue to use them throughout the have a clear width of 30 inches; and boarding process, and shall have the shall accommodate both four-wheel top between 30 inches and 38 inches and three-wheel mobility aids. above the ramp surface. The handrails

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shall be capable of withstanding a force paragraph (a) of this section shall se- of 100 pounds concentrated at any point cure the wheelchair or mobility aid on the handrail without permanent de- facing toward the front of the vehicle. formation of the rail or its supporting Additional securement devices or sys- structure. The handrail shall have a tems shall secure the wheelchair or cross-sectional diameter between 11⁄4 mobility aid facing forward, or rear- inches and 11⁄2 inches or shall provide ward with a padded barrier, extending an equivalent grasping surface, and from a height of 38 inches from the ve- have eased edges with corner radii of hicle floor to a height of 56 inches from not less than 1⁄8 inch. Handrails shall the vehicle floor with a width of 18 not interfere with wheelchair or mobil- inches, laterally centered immediately ity aid maneuverability when entering in back of the seated individual. In ve- or leaving the vehicle. hicles 22 feet in length or less, the re- (d) Securement devices—(1) Design load. quired securement device may secure Securement systems on vehicles with the wheelchair or mobility aid either GVWRs of 30,000 pounds or above, and facing toward the front of the vehicle their attachments to such vehicles, or facing rearward, with a padded bar- shall restrain a force in the forward rier as described. Additional secure- longitudinal direction of up to 2,000 ment locations shall be either forward pounds per securement leg or clamping or rearward facing with a padded bar- mechanism and a minimum of 4,000 rier. Such barriers need not be solid pounds for each mobility aid. Secure- provided equivalent protection is af- ment systems on vehicles with GVWRs forded. of up to 30,000 pounds, and their attach- (5) Movement. When the wheelchair or ments to such vehicles, shall restrain a mobility aid is secured in accordance force in the forward longitudinal direc- with manufacturer’s instructions, the tion of up to 2,500 pounds per secure- securement system shall limit the ment leg or clamping mechanism and a movement of an occupied wheelchair or minimum of 5,000 pounds for each mo- mobility aid to no more than 2 inches bility aid. in any direction under normal vehicle (2) Location and size. The securement operating conditions. system shall be placed as near to the (6) Stowage. When not being used for accessible entrance as practicable and securement, or when the securement shall have a clear floor area of 30 area can be used by standees, the se- inches by 48 inches. Such space shall curement system shall not interfere adjoin, and may overlap, an access with passenger movement, shall not path. Not more than 6 inches of the re- present any hazardous condition, shall quired clear floor space may be accom- be reasonably protected from van- modated for footrests under another dalism, and shall be readily accessed seat provided there is a minimum of 9 when needed for use. inches from the floor to the lowest part (7) Seat belt and shoulder harness. For of the seat overhanging the space. Se- each wheelchair or mobility aid secure- curement areas may have fold-down ment device provided, a passenger seat seats to accommodate other passengers belt and shoulder harness, complying when a wheelchair or mobility aid is with all applicable provisions of part not occupying the area, provided the 571 of this title, shall also be provided seats, when folded up, do not obstruct for use by wheelchair or mobility aid the clear floor space required. (See Fig. users. Such seat belts and shoulder 2) harnesses shall not be used in lieu of a (3) Mobility aids accommodated. The device which secures the wheelchair or securement system shall secure com- mobility aid itself. mon wheelchairs and mobility aids and shall either be automatic or easily at- § 38.25 Doors, steps and thresholds. tached by a person familiar with the (a) Slip resistance. All aisles, steps, system and mobility aid and having av- floor areas where people walk and erage dexterity. floors in securement locations shall (4) Orientation. In vehicles in excess have slip-resistant surfaces. of 22 feet in length, at least one secure- (b) Contrast. All step edges, thresh- ment device or system required by olds and the boarding edge of ramps or

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lift platforms shall have a band of provide an equivalent grasping surface, color(s) running the full width of the and have eased edges with corner radii step or edge which contrasts from the of not less than 1⁄8 inch. Handrails shall step tread and riser, or lift or ramp be placed to provide a minimum 11⁄2 surface, either light-on-dark or dark- inches knuckle clearance from the on-light. nearest adjacent surface. Where on- (c) Door height. For vehicles in excess board fare collection devices are used of 22 feet in length, the overhead clear- on vehicles in excess of 22 feet in ance between the top of the door open- length, a horizontal passenger assist ing and the raised lift platform, or shall be located across the front of the highest point of a ramp, shall be a min- vehicle and shall prevent passengers imum of 68 inches. For vehicles of 22 from sustaining injuries on the fare feet in length or less, the overhead collection device or windshield in the clearance between the top of the door event of a sudden deceleration. With- opening and the raised lift platform, or out restricting the vestibule space, the highest point of a ramp, shall be a min- assist shall provide support for a board- imum of 56 inches. ing passenger from the front door through the boarding procedure. Pas- § 38.27 Priority seating signs. sengers shall be able to lean against (a) Each vehicle shall contain sign(s) the assist for security while paying which indicate that seats in the front fares. of the vehicle are priority seats for per- (c) For vehicles in excess of 22 feet in sons with disabilities, and that other length, overhead handrail(s) shall be passengers should make such seats provided which shall be continuous ex- available to those who wish to use cept for a gap at the rear doorway. them. At least one set of forward-fac- (d) Handrails and stanchions shall be ing seats shall be so designated. sufficient to permit safe boarding, on- (b) Each securement location shall board circulation, seating and standing have a sign designating it as such. assistance, and alighting by persons (c) Characters on signs required by with disabilities. paragraphs (a) and (b) of this section (e) For vehicles in excess of 22 feet in shall have a width-to-height ratio be- length with front-door lifts or ramps, tween 3:5 and 1:1 and a stroke width-to- vertical stanchions immediately be- height ratio between 1:5 and 1:10, with hind the driver shall either terminate a minimum character height (using an at the lower edge of the aisle-facing upper case ‘‘X’’) of 5⁄8 inch, with ‘‘wide’’ seats, if applicable, or be ‘‘dog-legged’’ spacing (generally, the space between so that the floor attachment does not letters shall be 1⁄16 the height of upper impede or interfere with wheelchair case letters), and shall contrast with footrests. If the driver seat platform the background either light-on-dark or must be passed by a wheelchair or mo- dark-on-light. bility aid user entering the vehicle, the platform, to the maximum extent prac- § 38.29 Interior circulation, handrails ticable, shall not extend into the aisle and stanchions. or vestibule beyond the wheel housing. (a) Interior handrails and stanchions (f) For vehicles in excess of 22 feet in shall permit sufficient turning and ma- length, the minimum interior height neuvering space for wheelchairs and along the path from the lift to the se- other mobility aids to reach a secure- curement location shall be 68 inches. ment location from the lift or ramp. For vehicles of 22 feet in length or less, (b) Handrails and stanchions shall be the minimum interior height from lift provided in the entrance to the vehicle to securement location shall be 56 in a configuration which allows persons inches. with disabilities to grasp such assists from outside the vehicle while starting § 38.31 Lighting. to board, and to continue using such (a) Any stepwell or doorway imme- assists throughout the boarding and diately adjacent to the driver shall fare collection process. Handrails shall have, when the door is open, at least 2 have a cross-sectional diameter be- foot-candles of illumination measured tween 11⁄4 inches and 11⁄2 inches or shall on the step tread or lift platform.

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(b) Other stepwells and doorways, in- § 38.39 Destination and route signs. cluding doorways in which lifts or (a) Where destination or route infor- ramps are installed, shall have, at all times, at least 2 foot-candles of illu- mation is displayed on the exterior of a mination measured on the step tread, vehicle, each vehicle shall have illumi- or lift or ramp, when deployed at the nated signs on the front and boarding vehicle floor level. side of the vehicle. (c) The vehicle doorways, including (b) Characters on signs required by doorways in which lifts or ramps are paragraph (a) of this section shall have installed, shall have outside light(s) a width-to-height ratio between 3:5 and which, when the door is open, provide 1:1 and a stroke width-to-height ratio at least 1 foot-candle of illumination between 1:5 and 1:10, with a minimum on the street surface for a distance 3 character height (using an upper case feet (915 mm) perpendicular to the bot- ‘‘X’’) of 1 inch for signs on the boarding tom step tread or lift outer edge. Such side and a minimum character height light(s) shall be shielded to protect the of 2 inches for front ‘‘headsigns’’, with eyes of entering and exiting pas- ‘‘wide’’ spacing (generally, the space sengers. between letters shall be 1/16 the height of upper case letters), and shall con- [56 FR 45756, Sept. 6, 1991, as amended at 63 FR 51697, 51702, Sept. 28, 1998] trast with the background, either dark- on-light or light-on-dark. § 38.33 Fare box. Where provided, the farebox shall be Subpart C—Rapid Rail Vehicles located as far forward as practicable and Systems and shall not obstruct traffic in the vestibule, especially wheelchairs or § 38.51 General. mobility aids. (a) New, used and remanufactured § 38.35 Public information system. rapid rail vehicles, to be considered ac- cessible by regulations in part 37 of (a) Vehicles in excess of 22 feet in this title, shall comply with this sub- length, used in multiple-stop, fixed- part. route service, shall be equipped with a (b) If portions of the vehicle are public address system permitting the modified in a way that affects or could driver, or recorded or digitized human speech messages, to announce stops affect accessibility, each such portion and provide other passenger informa- shall comply, to the extent practicable, tion within the vehicle. with the applicable provisions of this (b) [Reserved] subpart. This provision does not re- quire that inaccessible vehicles be ret- § 38.37 Stop request. rofitted with lifts, ramps or other (a) Where passengers may board or boarding devices. alight at multiple stops at their op- (c) Existing vehicles which are retro- tion, vehicles in excess of 22 feet in fitted to comply with the ‘‘one-car-per- length shall provide controls adjacent train rule’’ of § 37.93 of this title shall to the securement location for request- comply with §§ 38.55, 38.57(b), 38.59 of ing stops and which alerts the driver this part and shall have, in new and that a mobility aid user wishes to dis- key stations, at least one door com- embark. Such a system shall provide plying with §§ 38.53 (a)(1), (b) and (d) of auditory and visual indications that this part. Removal of seats is not re- the request has been made. quired. Vehicles previously designed (b) Controls required by paragraph and manufactured in accordance with (a) of this section shall be mounted no the accessibility requirements of part higher than 48 inches and no lower 609 of this title or the Secretary of than 15 inches above the floor, shall be Transportation regulations imple- operable with one hand and shall not menting section 504 of the Rehabilita- require tight grasping, pinching, or tion Act of 1973 that were in effect be- twisting of the wrist. The force re- fore October 7, 1991, and which can be quired to activate controls shall be no entered and used from stations in greater than 5 lbf (22.2 N). which they are to be operated, may be

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used to satisfy the requirements of be within plus or minus 2 inches of the § 37.93 of this title. platform height.

§ 38.53 Doorways. § 38.55 Priority seating signs. (a) Clear width. (1) Passenger door- (a) Each vehicle shall contain sign(s) ways on vehicle sides shall have clear which indicate that certain seats are openings at least 32 inches wide when priority seats for persons with disabil- open. ities, and that other passengers should (2) If doorways connecting adjoining make such seats available to those who cars in a multi-car train are provided, wish to use them. and if such doorway is connected by an (b) Characters on signs required by aisle with a minimum clear width of 30 paragraph (a) of this section shall have inches to one or more spaces where a width-to-height ratio between 3:5 and wheelchair or mobility aid users can be 1:1 and a stroke width-to-height ratio accommodated, then such doorway between 1:5 and 1:10, with a minimum shall have a minimum clear opening of character height (using an upper case 30 inches to permit wheelchair and mo- ‘‘X’’) of 5⁄8 inch, with ‘‘wide’’ spacing bility aid users to be evacuated to an (generally, the space between letters adjoining vehicle in an emergency. shall be 1⁄16 the height of upper case let- (b) Signage. The International Sym- ters), and shall contrast with the back- bol of Accessibility shall be displayed ground, either light-on-dark or dark- on the exterior of accessible vehicles on-light. operating on an accessible rapid rail system unless all vehicles are acces- § 38.57 Interior circulation, handrails sible and are not marked by the access and stanchions. symbol. (See Fig. 6.) (a) Handrails and stanchions shall be (c) Signals. Auditory and visual warn- provided to assist safe boarding, on- ing signals shall be provided to alert board circulation, seating and standing passengers of closing doors. assistance, and alighting by persons (d) Coordination with boarding plat- with disabilities. form—(1) Requirements. Where new vehi- (b) Handrails, stanchions, and seats cles will operate in new stations, the shall allow a route at least 32 inches design of vehicles shall be coordinated wide so that at least two wheelchair or with the boarding platform design such mobility aid users can enter the vehi- that the horizontal gap between each cle and position the wheelchairs or mo- vehicle door at rest and the platform bility aids in areas, each having a min- shall be no greater than 3 inches and imum clear space of 48 inches by 30 the height of the vehicle floor shall be inches, which do not unduly restrict within plus or minus 5⁄8 inch of the movement of other passengers. Space platform height under all normal pas- to accommodate wheelchairs and mo- senger load conditions. Vertical align- bility aids may be provided within the ment may be accomplished by vehicle normal area used by standees and des- air suspension or other suitable means ignation of specific spaces is not re- of meeting the requirement. quired. Particular attention shall be (2) Exception. New vehicles operating given to ensuring maximum maneuver- in existing stations may have a floor ability immediately inside doors. height within plus or minus 11⁄2 inches Ample vertical stanchions from ceiling of the platform height. At key sta- to seat-back rails shall be provided. tions, the horizontal gap between at Vertical stanchions from ceiling to least one door of each such vehicle and floor shall not interfere with wheel- the platform shall be no greater than 3 chair or mobility aid user circulation inches. and shall be kept to a minimum in the (3) Exception. Retrofitted vehicles vicinity of doors. shall be coordinated with the platform (c) The diameter or width of the grip- in new and key stations such that the ping surface of handrails and stan- horizontal gap shall be no greater than chions shall be 11⁄4 inches to 11⁄2 inches 4 inches and the height of the vehicle or provide an equivalent gripping sur- floor, under 50% passenger load, shall face and shall provide a minimum 11⁄2

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inches knuckle clearance from the (b)(1) Vehicles intended to be oper- nearest adjacent surface. ated solely in light rail systems con- fined entirely to a dedicated right-of- § 38.59 Floor surfaces. way, and for which all stations or stops Floor surfaces on aisles, places for are designed and constructed for rev- standees, and areas where wheelchair enue service after the effective date of and mobility aid users are to be accom- standards for design and construction modated shall be slip-resistant. in §§ 37.21 and 37.23 of this title shall provide level boarding and shall com- § 38.61 Public information system. ply with §§ 38.73(d)(1) and 38.85 of this part. (a)(1) Requirements. Each vehicle shall (2) Vehicles designed for, and oper- be equipped with a public address sys- ated on, pedestrian malls, city streets, tem permitting transportation system or other areas where level boarding is personnel, or recorded or digitized not practicable shall provide wayside human speech messages, to announce or car-borne lifts, mini-high platforms, stations and provide other passenger or other means of access in compliance information. Alternative systems or with § 38.83 (b) or (c) of this part. devices which provide equivalent ac- (c) If portions of the vehicle are cess are also permitted. Each vehicle modified in a way that affects or could operating in stations having more than affect accessibility, each such portion one line or route shall have an external shall comply, to the extent practicable, public address system to permit trans- with the applicable provisions of this portation system personnel, or re- subpart. This provision does not re- corded or digitized human speech mes- quire that inaccessible vehicles be ret- sages, to announce train, route, or line rofitted with lifts, ramps or other identification information. boarding devices. (2) Exception. Where station an- (d) Existing vehicles retrofitted to nouncement systems provide informa- comply with the ‘‘one-car-per-train tion on arriving trains, an external rule’’ at § 37.93 of this title shall com- train speaker is not required. ply with § 38.75, § 38.77(c), § 38.79(a) and (b) [Reserved] § 38.83(a) of this part and shall have, in new and key stations, at least one door § 38.63 Between-car barriers. which complies with §§ 38.73 (a)(1), (b) (a) Requirement. Suitable devices or and (d) of this part. Vehicles previously systems shall be provided to prevent, designed and manufactured in accord- deter or warn individuals from inad- ance with the accessibility require- vertently stepping off the platform be- ments of part 609 of this title or the tween cars. Acceptable solutions in- Secretary of Transportation regula- clude, but are not limited to, panto- tions implementing section 504 of the graph gates, chains, motion detectors Rehabilitation Act of 1973 that were in or similar devices. effect before October 7, 1991, and which (b) Exception. Between-car barriers can be entered and used from stations are not required where platform in which they are to be operated, may screens are provided which close off the be used to satisfy the requirements of platform edge and open only when § 37.93 of this title. trains are correctly aligned with the § 38.73 Doorways. doors. (a) Clear width—(1) All passenger doorways on vehicle sides shall have Subpart D—Light Rail Vehicles and minimum clear openings of 32 inches Systems when open. (2) If doorways connecting adjoining § 38.71 General. cars in a multi-car train are provided, (a) New, used and remanufactured and if such doorway is connected by an light rail vehicles, to be considered ac- aisle with a minimum clear width of 30 cessible by regulations in part 37 of inches to one or more spaces where this title shall comply with this sub- wheelchair or mobility aid users can be part. accommodated, then such doorway

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shall have a minimum clear opening of make such seats available to those who 30 inches to permit wheelchair and mo- wish to use them. bility aid users to be evacuated to an (b) Where designated wheelchair or adjoining vehicle in an emergency. mobility aid seating locations are pro- (b) Signage. The International Sym- vided, signs shall indicate the location bol of Accessibility shall be displayed and advise other passengers of the need on the exterior of each vehicle oper- to permit wheelchair and mobility aid ating on an accessible light rail system users to occupy them. unless all vehicles are accessible and (c) Characters on signs required by are not marked by the access symbol paragraphs (a) or (b) of this section (see fig. 6). shall have a width-to-height ratio be- (c) Signals. Auditory and visual warn- tween 3:5 and 1:1 and a stroke width-to- ing signals shall be provided to alert height ratio between 1:5 and 1:10, with passengers of closing doors. a minimum character height (using an (d) Coordination with boarding plat- upper case ‘‘X’’) of 5⁄8 inch, with ‘‘wide’’ form—(1) Requirements. The design of spacing (generally, the space between level-entry vehicles shall be coordi- letters shall be 1⁄16 the height of upper nated with the boarding platform or case letters), and shall contrast with mini-high platform design so that the the background, either light-on-dark or horizontal gap between a vehicle at dark-on-light. rest and the platform shall be no great- er than 3 inches and the height of the § 38.77 Interior circulation, handrails vehicle floor shall be within plus or and stanchions. minus 5⁄8 inch of the platform height. (a) Handrails and stanchions shall be Vertical alignment may be accom- sufficient to permit safe boarding, on- plished by vehicle air suspension, auto- board circulation, seating and standing matic ramps or lifts, or any combina- assistance, and alighting by persons tion. with disabilities. (2) Exception. New vehicles operating (b) At entrances equipped with steps, in existing stations may have a floor handrails and stanchions shall be pro- height within plus or minus 11⁄2 inches vided in the entrance to the vehicle in of the platform height. At key sta- a configuration which allows pas- tions, the horizontal gap between at sengers to grasp such assists from out- least one door of each such vehicle and side the vehicle while starting to the platform shall be no greater than 3 board, and to continue using such inches. handrails or stanchions throughout the (3) Exception. Retrofitted vehicles boarding process. Handrails shall have shall be coordinated with the platform a cross-sectional diameter between 11⁄4 in new and key stations such that the inches and 11⁄2 inches or shall provide horizontal gap shall be no greater than an equivalent grasping surface, and 4 inches and the height of the vehicle have eased edges with corner radii of floor, under 50% passenger load, shall not less than 1⁄8 inch. Handrails shall be be within plus or minus 2 inches of the placed to provide a minimum 11⁄2 inches platform height. knuckle clearance from the nearest ad- (4) Exception. Where it is not oper- jacent surface. Where on-board fare ationally or structurally practicable to collection devices are used, a hori- meet the horizontal or vertical require- zontal passenger assist shall be located ments of paragraphs (d) (1), (2) or (3) of between boarding passengers and the this section, platform or vehicle de- fare collection device and shall prevent vices complying with § 38.83(b) or plat- passengers from sustaining injuries on form or vehicle mounted ramps or the fare collection device or windshield bridge plates complying with § 38.83(c) in the event of a sudden deceleration. shall be provided. Without restricting the vestibule space, the assist shall provide support § 38.75 Priority seating signs. for a boarding passenger from the door (a) Each vehicle shall contain sign(s) through the boarding procedure. Pas- which indicate that certain seats are sengers shall be able to lean against priority seats for persons with disabil- the assist for security while paying ities, and that other passengers should fares.

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(c) At all doors on level-entry vehi- on the station platform or street sur- cles, and at each entrance accessible by face for a distance of 3 feet perpen- lift, ramp, bridge plate or other suit- dicular to all points on the bottom step able means, handrails, stanchions, pas- tread. Such lights shall be located senger seats, vehicle driver seat plat- below window level and shielded to pro- forms, and fare boxes, if applicable, tect the eyes of entering and exiting shall be located so as to allow a route passengers. at least 32 inches wide so that at least two wheelchair or mobility aid users § 38.83 Mobility aid accessibility. can enter the vehicle and position the (a)(1) General. All new light rail vehi- wheelchairs or mobility aids in areas, cles, other than level entry vehicles, each having a minimum clear space of covered by this subpart shall provide a 48 inches by 30 inches, which do not un- level-change mechanism or boarding duly restrict movement of other pas- device (e.g., lift, ramp or bridge plate) sengers. Space to accommodate wheel- complying with either paragraph (b) or chairs and mobility aids may be pro- (c) of this section and sufficient clear- vided within the normal area used by ances to permit at least two wheelchair standees and designation of specific or mobility aid users to reach areas, spaces is not required. Particular at- each with a minimum clear floor space tention shall be given to ensuring max- of 48 inches by 30 inches, which do not imum maneuverability immediately unduly restrict passenger flow. Space inside doors. Ample vertical stanchions to accommodate wheelchairs and mo- from ceiling to seat-back rails shall be bility aids may be provided within the provided. Vertical stanchions from normal area used by standees and des- ceiling to floor shall not interfere with ignation of specific spaces is not re- wheelchair or mobility aid circulation quired. and shall be kept to a minimum in the (2) Exception. If lifts, ramps or bridge vicinity of accessible doors. plates meeting the requirements of this section are provided on station plat- § 38.79 Floors, steps and thresholds. forms or other stops required to be ac- (a) Floor surfaces on aisles, step cessible, or mini-high platforms com- treads, places for standees, and areas plying with § 38.73(d) of this part are where wheelchair and mobility aid provided, the vehicle is not required to users are to be accommodated shall be be equipped with a car-borne device. slip-resistant. Where each new vehicle is compatible (b) All thresholds and step edges with a single platform-mounted access shall have a band of color(s) running system or device, additional systems or the full width of the step or threshold devices are not required for each vehi- which contrasts from the step tread cle provided that the single device and riser or adjacent floor, either light- could be used to provide access to each on-dark or dark-on-light. new vehicle if passengers using wheel- chairs or mobility aids could not be ac- § 38.81 Lighting. commodated on a single vehicle. (a) Any stepwell or doorway with a (b) Vehicle lift—(1) Design load. The lift, ramp or bridge plate immediately design load of the lift shall be at least adjacent to the driver shall have, when 600 pounds. Working parts, such as ca- the door is open, at least 2 foot-candles bles, pulleys, and shafts, which can be of illumination measured on the step expected to wear, and upon which the tread or lift platform. lift depends for support of the load, (b) Other stepwells, and doorways shall have a safety factor of at least with lifts, ramps or bridge plates, shall six, based on the ultimate strength of have, at all times, at least 2 foot-can- the material. Nonworking parts, such dles of illumination measured on the as platform, frame, and attachment step tread or lift or ramp, when de- hardware which would not be expected ployed at the vehicle floor level. to wear, shall have a safety factor of at (c) The doorways of vehicles not op- least three, based on the ultimate erating at lighted station platforms strength of the material. shall have outside lights which provide (2) Controls—(i) Requirements. The at least 1 foot-candle of illumination controls shall be interlocked with the

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vehicle brakes, propulsion system, or and shall not permit the platform to be door, or shall provide other appropriate stowed or folded when occupied, unless mechanisms or systems, to ensure that the lift is a rotary lift intended to be the vehicle cannot be moved when the stowed while occupied. lift is not stowed and so the lift cannot (4) Power or equipment failure. Lift be deployed unless the interlocks or platforms stowed in a vertical position, systems are engaged. The lift shall de- and deployed platforms when occupied, ploy to all levels (i.e., ground, curb, shall have provisions to prevent their and intermediate positions) normally deploying, falling, or folding any faster encountered in the operating environ- than 12 inches/second or their dropping ment. Where provided, each control for of an occupant in the event of a single deploying, lowering, raising, and stow- failure of any load carrying compo- ing the lift and lowering the roll-off nent. barrier shall be of a momentary con- (5) Platform barriers. The lift platform tact type requiring continuous manual shall be equipped with barriers to pre- pressure by the operator and shall not vent any of the wheels of a wheelchair allow improper lift sequencing when or mobility aid from rolling off the lift the lift platform is occupied. The con- during its operation. A movable barrier trols shall allow reversal of the lift op- or inherent design feature shall pre- eration sequence, such as raising or vent a wheelchair or mobility aid from lowering a platform that is part way rolling off the edge closest to the vehi- down, without allowing an occupied cle until the lift is in its fully raised platform to fold or retract into the position. Each side of the lift platform stowed position. which extends beyond the vehicle in its (ii) Exception. Where physical or safe- raised position shall have a barrier a ty constraints prevent the deployment minimum 11⁄2 inches high. Such bar- at some stops of a lift having its long riers shall not interfere with maneu- dimension perpendicular to the vehicle vering into or out of the aisle. The axis, the transportation entity may loading-edge barrier (outer barrier) specify a lift which is designed to de- which functions as a loading ramp ploy with its long dimension parallel to when the lift is at ground level, shall the vehicle axis and which pivots into be sufficient when raised or closed, or a or out of the vehicle while occupied supplementary system shall be pro- (i.e., ‘‘rotary lift’’). The requirements vided, to prevent a power wheelchair or of paragraph (b)(2)(i) of this section mobility aid from riding over or defeat- prohibiting the lift from being stowed ing it. The outer barrier on the out- while occupied shall not apply to a lift board of the lift shall automatically design of this type if the stowed posi- rise or close, or a supplementary sys- tion is within the passenger compart- tem shall automatically engage, and ment and the lift is intended to be remain raised, closed, or engaged at all stowed while occupied. times that the lift is more than 3 (iii) Exception. The brake or propul- inches above the station platform or sion system interlocks requirement roadway and the lift is occupied. Alter- does not apply to a station platform natively, a barrier or system may be mounted lift provided that a mechan- raised, lowered, opened, closed, en- ical, electrical or other system oper- gaged or disengaged by the lift oper- ates to ensure that vehicles do not ator provided an interlock or inherent move when the lift is in use. design feature prevents the lift from (3) Emergency operation. The lift shall rising unless the barrier is raised or incorporate an emergency method of closed or the supplementary system is deploying, lowering to ground level engaged. with a lift occupant, and raising and (6) Platform surface. The lift platform stowing the empty lift if the power to surface shall be free of any protrusions the lift fails. No emergency method, over 1⁄4 inch high and shall be slip re- manual or otherwise, shall be capable sistant. The lift platform shall have a of being operated in a manner that minimum clear width of 281⁄2 inches at could be hazardous to the lift occupant the platform, a minimum clear width or to the operator when operated ac- of 30 inches measured from 2 inches cording to manufacturer’s instructions, above the lift platform surface to 30

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inches above the surface, and a min- (13) Handrails. Platforms on lifts imum clear length of 48 inches meas- shall be equipped with handrails, on ured from 2 inches above the surface of two sides, which move in tandem with the platform to 30 inches above the sur- the lift which shall be graspable and face. (See Fig. 1) provide support to standees throughout (7) Platform gaps. Any openings be- the entire lift operation. Handrails tween the lift platform surface and the shall have a usable component at least raised barriers shall not exceed 5⁄8 inch 8 inches long with the lowest portion a wide. When the lift is at vehicle floor minimum 30 inches above the platform height with the inner barrier (if appli- and the highest portion a maximum 38 cable) down or retracted, gaps between inches above the platform. The hand- the forward lift platform edge and ve- rails shall be capable of withstanding a hicle floor shall not exceed 1⁄2 inch force of 100 pounds concentrated at any horizontally and 5⁄8 inch vertically. point on the handrail without perma- Platforms on semi-automatic lifts may nent deformation of the rail or its sup- have a hand hold not exceeding 11⁄2 porting structure. Handrails shall have 1 inches by 41⁄2 inches located between a cross-sectional diameter between 1 ⁄4 the edge barriers. inches and 11⁄2 inches or shall provide (8) Platform entrance ramp. The en- an equivalent grasping surface, and trance ramp, or loading-edge barrier have eased edges with corner radii of 1 used as a ramp, shall not exceed a slope not less than ⁄8 inch. Handrails shall be 1 of 1:8 measured on level ground, for a placed to provide a minimum 1 ⁄2 inches maximum rise of 3 inches, and the knuckle clearance from the nearest ad- transition from the station platform or jacent surface. Handrails shall not roadway to ramp may be vertical with- interfere with wheelchair or mobility aid maneuverability when entering or out edge treatment up to 1⁄4 inch. leaving the vehicle. Thresholds between 1⁄4 inch and 1⁄2 inch (c) Vehicle ramp or bridge plate—(1) De- high shall be beveled with a slope no sign load. Ramps or bridge plates 30 greater than 1:2. inches or longer shall support a load of (9) Platform deflection. The lift plat- 600 pounds, placed at the centroid of form (not including the entrance ramp) the ramp or bridge plate distributed shall not deflect more than 3 degrees over an area of 26 inches, with a safety (exclusive of vehicle roll) in any direc- factor of at least 3 based on the ulti- tion between its unloaded position and mate strength of the material. Ramps its position when loaded with 600 or bridge plates shorter than 30 inches pounds applied through a 26 inch by 26 shall support a load of 300 pounds. inch test pallet at the centroid of the (2) Ramp surface. The ramp or bridge lift platform. plate surface shall be continuous and (10) Platform movement. No part of the slip resistant, shall not have protru- platform shall move at a rate exceed- sions from the surface greater then 1⁄4 ing 6 inches/second during lowering and inch, shall have a clear width of 30 lifting an occupant, and shall not ex- inches, and shall accommodate both ceed 12 inches/second during deploying four-wheel and three-wheel mobility or stowing. This requirement does not aids. apply to the deployment or stowage cy- (3) Ramp threshold. The transition cles of lifts that are manually deployed from roadway or station platform and or stowed. The maximum platform hor- the transition from vehicle floor to the izontal and vertical acceleration when ramp or bridge plate may be vertical occupied shall be 0.3g. without edge treatment up to 1⁄4 inch. (11) Boarding direction. The lift shall Changes in level between 1⁄4 inch and 1⁄2 permit both inboard and outboard fac- inch shall be beveled with a slope no ing of wheelchairs and mobility aids. greater than 1:2. (12) Use by standees. Lifts shall ac- (4) Ramp barriers. Each side of the commodate persons using walkers, ramp or bridge plate shall have bar- crutches, canes or braces or who other- riers at least 2 inches high to prevent wise have difficulty using steps. The mobility aid wheels from slipping off. lift may be marked to indicate a pre- (5) Slope. Ramps or bridge plates shall ferred standing position. have the least slope practicable. If the

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height of the vehicle floor, under 50% of 100 pounds concentrated at any point passenger load, from which the ramp is on the handrail without permanent de- deployed is 3 inches or less above the formation of the rail or its supporting station platform a maximum slope of structure. The handrail shall have a 1:4 is permitted; if the height of the ve- cross- sectional diameter between 11⁄4 hicle floor, under 50% passenger load, inches and 11⁄2 inches or shall provide from which the ramp is deployed is 6 an equivalent grasping surface, and inches or less, but more than 3 inches, have ‘‘eased’’ edges with corner radii of above the station platform a maximum not less than 1⁄8 inch. Handrails shall slope of 1:6 is permitted; if the height not interfere with wheelchair or mobil- of the vehicle floor, under 50% pas- ity aid maneuverability when entering senger load, from which the ramp is de- or leaving the vehicle. ployed is 9 inches or less, but more than 6 inches, above the station plat- § 38.85 Between-car barriers. form a maximum slope of 1:8 is per- Where vehicles operate in a high- mitted; if the height of the vehicle platform, level-boarding mode, devices floor, under 50% passenger load, from or systems shall be provided to pre- which the ramp is deployed is greater vent, deter or warn individuals from in- than 9 inches above the station plat- advertently stepping off the platform form a slope of 1:12 shall be achieved. between cars. Appropriate devices in- Folding or telescoping ramps are per- clude, but are not limited to, panto- mitted provided they meet all struc- graph gates, chains, motion detectors tural requirements of this section. or other suitable devices. (6) Attachment—(i) Requirement. When in use for boarding or alighting, the § 38.87 Public information system. ramp or bridge plate shall be attached (a) Each vehicle shall be equipped to the vehicle, or otherwise prevented with an interior public address system from moving such that it is not subject permitting transportation system per- to displacement when loading or un- sonnel, or recorded or digitized human loading a heavy power mobility aid and speech messages, to announce stations that any gaps between vehicle and and provide other passenger informa- ramp or bridge plate, and station plat- tion. Alternative systems or devices form and ramp or bridge plate, shall which provide equivalent access are 5 not exceed ⁄8 inch. also permitted. (ii) Exception. Ramps or bridge plates (b) [Reserved] which are attached to, and deployed from, station platforms are permitted in lieu of vehicle devices provided they Subpart E—Commuter Rail Cars meet the displacement requirements of and Systems paragraph (c)(6)(i) of this section. (7) Stowage. A compartment, secure- § 38.91 General. ment system, or other appropriate (a) New, used and remanufactured method shall be provided to ensure commuter rail cars, to be considered that stowed ramps or bridge plates, in- accessible by regulations in part 37 of cluding portable ramps or bridges this title, shall comply with this sub- plates stowed in the passenger area, do part. not impinge on a passenger’s wheel- (b) If portions of the car are modified chair or mobility aid or pose any haz- in such a way that it affects or could ard to passengers in the event of a sud- affect accessibility, each such portion den stop. shall comply, to the extent practicable, (8) Handrails. If provided, handrails with the applicable provisions of this shall allow persons with disabilities to subpart. This provision does not re- grasp them from outside the vehicle quire that inaccessible cars be retro- while starting to board, and to con- fitted with lifts, ramps or other board- tinue to use them throughout the ing devices. boarding process, and shall have the (c)(1) Commuter rail cars shall com- top between 30 inches and 38 inches ply with §§ 38.93(d) and 38.109 of this above the ramp surface. The handrails part for level boarding wherever struc- shall be capable of withstanding a force turally and operationally practicable.

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(2) Where level boarding is not struc- locations complying with § 38.95(d) of turally or operationally practicable, this part. In cars where such doorways commuter rail cars shall comply § 38.95 require passage through a vestibule, of this part. such vestibule shall have a minimum (d) Existing vehicles retrofitted to width of 42 inches. (See Fig. 3.) comply with the ‘‘one-car-per-train (c) Signals. If doors to the platform rule’’ at § 37.93 of this title shall com- close automatically or from a remote ply with §§ 38.93(e), 38.95(a) and 38.107 of location, auditory and visual warning this part and shall have, in new and signals shall be provided to alert pas- key stations at least one door on each sengers or closing doors. side from which passengers board (d) Coordination with boarding plat- which complies with § 38.93(d) of this form—(1) Requirements. Cars operating part. Vehicles previously designed and in stations with high platforms, or manufactured in accordance with the mini-high platforms, shall be coordi- program accessibility requirements of nated with the boarding platform de- section 504 of the Rehabilitation Act of sign such that the horizontal gap be- 1973, or implementing regulations of tween a car at rest and the platform the Secretary of Transportation that shall be no greater than 3 inches and were in effect before October 7, 1991; and which can be entered and used the height of the car floor shall be 5 from stations in which they are to be within plus or minus ⁄8 inch of the operated, may be used to satisfy the re- platform height. Vertical alignment quirements of § 37.93 of this title. may be accomplished by car air suspen- sion, platform lifts or other devices, or EFFECTIVE DATE NOTE: At 76 FR 57939, any combination. Sept. 19, 2011, § 38.91 was amended by remov- (2) Exception. New vehicles operating ing the words ‘‘wherever structurally and operationally practicable’’ and adding in in existing stations may have a floor their place the words ‘‘unless structurally or height within plus or minus 11⁄2 inches operationally impracticable.’’ in paragraph of the platform height. At key sta- (c)(1) and by removing the words ‘‘not struc- tions, the horizontal gap between at turally or operationally practicable’’ and least one accessible door of each such adding, in their place, the words ‘‘struc- vehicle and the platform shall be no turally or operationally impracticable’’ in paragraph (c)(2), effective Oct. 19, 2011. greater than 3 inches. (3) Exception. Where platform set- § 38.93 Doorways. backs do not allow the horizontal gap (a) Clear width. (1) At least one door or vertical alignment specified in para- on each side of the car from which pas- graph (d)(1) or (d)(2) of this section, sengers board opening onto station car, platform or portable lifts com- platforms and at least one adjacent plying with § 38.95(b) of this part, or car doorway into the passenger coach com- or platform ramps or bridge plates, partment, if provided, shall have a complying with § 38.95(c) of this part, minimum clear opening of 32 inches. shall be provided. (2) If doorways connecting adjoining (4) Exception. Retrofitted vehicles cars in a multi-car train are provided, shall be coordinated with the platform and if such doorway is connected by an in new and key stations such that the aisle with a minimum clear width of 30 horizontal gap shall be no greater than inches to one or more spaces where 4 inches and the height of the vehicle wheelchair or mobility aid users can be floor, under 50% passenger load, shall accommodated, then such doorway be within plus or minus 2 inches of the shall have, to the maximum extent platform height. practicable in accordance with the reg- (e) Signage. The International Sym- ulations issued under the Federal Rail- bol of Accessibility shall be displaced road Safety Act of 1970 (49 CFR parts on the exterior of all doors complying 229 and 231), a clear opening of 30 with this section unless all cars are ac- inches. cessible and are not marked by the ac- (b) Passageways. A route at least 32 cess symbol (see Fig. 6). Appropriate inches wide shall be provided from signage shall also indicate which acces- doors required to be accessible by para- sible doors are adjacent to an acces- graph (a)(1) of this section to seating sible restroom, if applicable.

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EFFECTIVE DATE NOTE: At 76 FR 57939, tems are engaged. The lift shall deploy Sept. 19, 2011, § 38.93(d)(3) was amended by re- to all platform levels normally encoun- moving the period at the end of the para- tered in the operating environment. graph and adding the following words: ‘‘, en- suring compliance with section 37.42, where Where provided, each control for de- applicable.’’ in its place, effective Oct. 19, ploying, lowering, raising, and stowing 2011. the lift and lowering the roll-off bar- rier shall be of a monetary contact § 38.95 Mobility aid accessibility. type requiring continuous manual pres- (a)(1) General. All new commuter rail sure by the operator and shall not cars, other than level entry cars, cov- allow improper lift sequencing when ered by this subpart shall provide a the lift platform is occupied. The con- level-change mechanism or boarding trols shall allow reversal of the lift op- device (e.g., lift, ramp or bridge plate) eration sequence, such as raising or complying with either paragraph (b) or lowering a platform that is part way (c) of this section; sufficient clearances down, without allowing an occupied to permit a wheelchair or mobility aid platform to fold or retract into the user to reach a seating location; and at stowed position. least two wheelchair or mobility aid (ii) Exception. Where physical or safe- seating locations complying with para- ty constraints prevent the deployment graph (d) of this section. at some stops of a lift having its long (2) Exception. If portable or platform dimension perpendicular to the car lifts, ramps or bridge plates meeting axis, the transportation entity may the applicable requirements of this sec- specify a lift which is designed to de- tion are provided on station platforms ploy with its long dimension parallel to or other stops required to be accessible, the car axis and which pivots into or or mini-high platforms complying with out of the car while occupied (i.e., ‘‘ro- § 38.93(d) are provided, the car is not re- tary lift’’). The requirements of para- quired to be equipped with a car-borne graph (b)(2)(i) of this section prohib- device. Where each new car is compat- iting the lift from being stowed while ible with a single platform-mounted occupied shall not apply to a lift design access system or device, additional sys- of this type if the stowed position is tems or devices are not required for within the passenger compartment and each car provided that the single de- the lift is intended to be stowed while vice could be used to provide access to occupied. each new car if passengers using wheel- (iii) Exception. The brake or propul- chairs or mobility aids could not be ac- sion system interlock requirement does commodated on a single car. not apply to a platform mounted or (b) Car Lift—(1) Design load. The de- portable lift provided that a mechan- sign load of the lift shall be at least 600 ical, electrical or other system oper- pounds. Working parts, such as cables, ates to ensure that cars do not move pulleys, and shafts, which can be ex- when the lift is in use. pected to wear, and upon which the lift (3) Emergency operation. The lift shall depends for support of the load, shall incorporate an emergency method of have a safety factor of at least six, deploying, lowering to ground or plat- based on the ultimate strength of the form level with a lift occupant, and material. Nonworking parts, such as raising and stowing the empty lift if platform, frame, and attachment hard- the power to the lift fails. No emer- ware which would not be expected to gency method, manual or otherwise, wear, shall have a safety factor of at shall be capable of being operated in a least three, based on the ultimate manner that could be hazardous to the strength of the material. lift occupant or to the operator when (2) Controls—(i) Requirements. The operated according to manufacturer’s controls shall be interlocked with the instructions, and shall not permit the car brakes, propulsion system, or door, platform to be stowed or folded when or shall provide other appropriate occupied, unless the lift is a rotary lift mechanisms or systems, to ensure that intended to be stowed while occupied. the car cannot be moved when the lift (4) Power or equipment failure. Plat- is not stowed and so the lift cannot be forms stowed in a vertical position, and deployed unless the interlocks or sys- deployed platforms when occupied,

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shall have provisions to prevent their wide. When the lift is at car floor deploying, falling, or folding any faster height with the inner barrier down (if than 12 inches/second or their dropping applicable) or retracted, gaps between of an occupant in the event of a single the forward lift platform edge and car failure of any load carrying compo- floor shall not exceed 1⁄2 inch hori- nent. zontally and 5⁄8 inch vertically. (5) Platform barriers. The lift platform (8) Platform entrance ramp. The en- shall be equipped with barriers to pre- trance ramp, or loading-edge barrier vent any of the wheels of a wheelchair used as a ramp, shall not exceed a slope or mobility aid from rolling off the lift of 1:8, when measured on level ground, during its operation. A movable barrier for a maximum rise of 3 inches, and the or inherent design feature shall pre- transition from station platform to vent a wheelchair or mobility aid from ramp may be vertical without edge rolling off the edge closest to the car treatment up to 1⁄4 inch. Thresholds be- until the lift is in its fully raised posi- tween 1⁄4 inch and 1⁄2 inch high shall be tion. Each side of the lift platform beveled with a slope no greater than which, in its raised position, extends 1:2. beyond the car shall have a barrier a (9) Platform deflection. The lift plat- minimum 11⁄2 inches high. Such bar- form (not including the entrance ramp) riers shall not interfere with maneu- shall not deflect more than 3 degrees vering into or out of the car. The load- (exclusive of vehicle roll) in any direc- ing-edge barrier (outer barrier) which tion between its unloaded position and functions as a loading ramp when the its position when loaded with 600 lift is at ground or station platform pounds applied through a 26 inch by 26 level, shall be sufficient when raised or inch test pallet at the centroid of the closed, or a supplementary system lift platform. shall be provided, to prevent a power (10) Platform movement. No part of the wheelchair or mobility aid from riding platform shall move at a rate exceed- over or defeating it. The outer barrier ing 6 inches/second during lowering and of the lift shall automatically rise or lifting an occupant, and shall not ex- close, or a supplementary system shall ceed 12 inches/second during deploying automatically engage, and remain or stowing. This requirement does not raised, closed, or engaged at all times apply to the deployment or stowage cy- that the lift platform is more than 3 cles of lifts that are manually deployed inches above the station platform and or stowed. The maximum platform hor- the lift is occupied. Alternatively, a izontal and vertical acceleration when barrier or system may be raised, low- occupied shall be 0.3g. ered, opened, closed, engaged or dis- (11) Boarding direction. The lift shall engaged by the lift operator provided permit both inboard and outboard fac- an interlock or inherent design feature ing of wheelchairs and mobility aids. prevents the lift from rising unless the (12) Use by standees. Lifts shall ac- barrier is raised or closed or the sup- commodate persons using walkers, plementary system is engaged. crutches, canes or braces or who other- (6) Platform surface. The lift platform wise have difficulty using steps. The surface shall be free of any protrusions lift may be marked to indicate a pre- over 1⁄4 inch high and shall be slip re- ferred standing position. sistant. The lift platform shall have a (13) Handrails. Platforms on lifts minimum clear width of 281⁄2 inches at shall be equipped with handrails, on the platform, a minimum clear width two sides, which move in tandem with of 30 inches measured from 2 inches the lift which shall be graspable and above the lift platform surface to 30 provide support to standees throughout inches above the surface, and a min- the entire lift operation. Handrails imum clear length of 48 inches meas- shall have a usable component at least ured from 2 inches above the surface of 8 inches long with the lowest portion a the platform to 30 inches above the sur- minimum 30 inches above the platform face. (See Fig. 1) and the highest portion a maximum 38 (7) Platform gaps. Any openings be- inches above the platform. The hand- tween the lift platform surface and the rails shall be capable of withstanding a raised barriers shall not exceed 5⁄8 inch force of 100 pounds concentrated at any

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point on the handrail without perma- ployed is 9 inches or less, but more nent deformation of the rail or its sup- than 6 inches, above the station plat- porting structure. The handrail shall form a maximum slope of 1:8 is per- have a cross-sectional diameter be- mitted; if the height of the vehicle tween 11⁄4 inches and 11⁄2 inches or shall floor, under 50% passenger load, from provide an equivalent grasping surface, which the ramp is deployed is greater and have eased edges with corner radii than 9 inches above the station plat- of not less than 1⁄8 inch. Handrails shall form a slope of 1:12 shall be achieved. be placed to provide a minimum 11⁄2 Folding or telescoping ramps are per- inches knuckle clearance from the mitted provided they meet all struc- nearest adjacent surface. Handrails tural requirements of this section. shall not interfere with wheelchair or (6) Attachment—(i) Requirement. When mobility aid maneuverability when en- in use for boarding or alighting, the tering or leaving the car. ramp or bridge plate shall be attached (c) Car ramp or bridge plate—(1) Design to the vehicle, or otherwise prevented load. Ramps or bridge plates 30 inches from moving such that it is not subject or longer shall support a load of 600 to displacement when loading or un- pounds, placed at the centroid of the loading a heavy power mobility aid and ramp or bridge plate distributed over that any gaps between vehicle and an area of 26 inches by 26 inches, with ramp or bridge plate, and station plat- a safety factor of at least 3 based on form and ramp or bridge plate, shall the ultimate strength of the material. not exceed 5⁄8 inch. Ramps or bridge plates shorter than 30 (ii) Exception. Ramps or bridge plates inches shall support a load of 300 which are attached to, and deployed pounds. from, station platforms are permitted (2) Ramp surface. The ramp or bridge in lieu of car devices provided they plate surface shall be continuous and meet the displacement requirements of slip resistant, shall not have protru- paragraph (c)(6)(i) of this section. sions from the surface greater than 1⁄4 inch high, shall have a clear width of 30 (7) Stowage. A compartment, secure- inches and shall accommodate both ment system, or other appropriate four-wheel and three-wheel mobility method shall be provided to ensure aids. that stowed ramps or bridge plates, in- (3) Ramp threshold. The transition cluding portable ramps or bridge plates from station platform to the ramp or stowed in the passenger area, do not bridge plate and the transition from impinge on a passenger’s wheelchair or car floor to the ramp or bridge plate mobility aid or pose any hazard to pas- may be vertical without edge treat- sengers in the event of a sudden stop. ment up to 1⁄4 inch. Changes in level be- (8) Handrails. If provided, handrails tween 1⁄4 inch and 1⁄2 inch shall be bev- shall allow persons with disabilities to eled with a slope no greater than 1:2. grasp them from outside the car while (4) Ramp barriers. Each side of the starting to board, and to continue to ramp or bridge plate shall have bar- use them throughout the boarding riers at least 2 inches high to prevent process, and shall have the top between mobility aid wheels from slipping off. 30 inches and 38 inches above the ramp (5) Slope. Ramps or bridge plates shall surface. The handrails shall be capable have the least slope practicable. If the of withstanding a force of 100 pounds height of the vehicle floor, under 50% concentrated at any point on the hand- passenger load, from which the ramp is rail without permanent deformation of deployed is 3 inches or less above the the rail or its supporting structure. station platform a maximum slope of The handrail shall have a cross-sec- 1:4 is permitted; if the height of the ve- tional diameter between 11⁄4 inches and hicle floor, under 50% passenger load, 11⁄2 inches or shall provide an equiva- from which the ramp is deployed is 6 lent grasping surface, and have eased inches or less, but more than 3 inches, edges with corner radii of not less than above the station platform a maximum 1⁄8 inch. Handrails shall not interfere slope of 1:6 is permitted; if the height with wheelchair or mobility aid ma- of the vehicle floor, under 50% pas- neuverability when entering or leaving senger load, from which the ramp is de- the car.

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(d) Mobility aid seating location. boarding process, to the extent per- Spaces for persons who wish to remain mitted by part 231 of this title. in their wheelchairs or mobility aids shall have a minimum clear floor space § 38.99 Floors, steps and thresholds. 48 inches by 30 inches. Such spaces (a) Floor surfaces on aisles, step shall adjoin, and may overlap, an ac- treads, places for standees, and areas cessible path. Not more than 6 inches where wheelchair and mobility aid of the required clear floor space may be users are to be accommodated shall be accommodated for footrests under an- slip-resistant. other seat provided there is a minimum (b) All thresholds and step edges of 9 inches from the floor to the lowest shall have a band of color(s) running part of the seat overhanging the space. the full width of the step or threshold Seating spaces may have fold-down or which contrasts from the step tread removable seats to accommodate other and riser or adjacent floor, either light- passengers when a wheelchair or mobil- on-dark or dark-on-light. ity aid user is not occupying the area, provided the seats, when folded up, do § 38.101 Lighting. not obstruct the clear floor space re- (a) Any stepwell or doorway with a quired. (See Fig. 2.) lift, ramp or bridge plate shall have, when the door is open, at least 2 foot- EFFECTIVE DATE NOTE: At 76 FR 57939, candles of illumination measured on Sept. 19, 2011, § 38.95 was amended by adding the step tread, ramp, bridge plate, or the words ‘‘level-entry boarding,’’ before the words ’’portable or platform lifts’’ in the lift platform. first sentence of paragraph (a)(2) and by re- (b) The doorways of cars not oper- vising the second sentence to read ‘‘The ac- ating at lighted station platforms shall cess systems or devices used at a station to have outside lights which, when the which section 37.42 applies must permit com- door is open, provide at least 1 foot- pliance with that section.’’, effective Oct. 19, candle of illumination on the station 2011. platform surface for a distance of 3 feet perpendicular to all points on the bot- § 38.97 Interior circulation, handrails tom step tread edge. Such lights shall and stanchions. be shielded to protect the eyes of enter- (a) Where provided, handrails or stan- ing and exiting passengers. chions within the passenger compart- ment shall be placed to permit suffi- § 38.103 Public information system. cient turning and maneuvering space (a) Each car shall be equipped with for wheelchairs and other mobility aids an interior public address system per- to reach a seating location, complying mitting transportation system per- with § 38.95(d) of this part, from an ac- sonnel, or recorded or digitized human cessible entrance. The diameter or speech messages, to announce stations width of the gripping surface of inte- and provide other passenger informa- rior handrails and stanchions shall be tion. Alternative systems or devices 11⁄4 inches to 11⁄2 inches or shall provide which provide equivalent access are an equivalent gripping surface. Hand- also permitted. rails shall be placed to provide a min- (b) [Reserved] imum 11⁄2 inches knuckle clearance from the nearest adjacent surface. § 38.105 Priority seating signs. (b) Where provided, handrails or stan- (a) Each car shall contain sign(s) chions shall be sufficient to permit safe which indicate that certain seats are boarding, on-board circulation, seating priority seats for persons with disabil- and standing assistance, and alighting ities and that other passengers should by persons with disabilities. make such seats available to those who (c) At entrances equipped with steps, wish to use them. handrails or stanchions shall be pro- (b) Characters on signs required by vided in the entrance to the car in a paragraph (a) shall have a width-to- configuration which allows passengers height ratio between 3:5 and 1:1 and a to grasp such assists from outside the stroke width-to-height ratio between car while starting to board, and to con- 1:5 and 1:10, with a minimum character tinue using such assists throughout the height (using an upper case ‘‘X’’) of 5⁄8

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inch, with ‘‘wide’’ spacing (generally, (b) Restrooms required to be acces- the space between letters shall be 1⁄16 sible shall be in close proximity to at the height of upper case letters), and least one seating location for persons shall contrast with the background ei- using mobility aids and shall be con- ther light-on-dark or dark-on-light. nected to such a space by an unob- structed path having a minimum width § 38.107 Restrooms. of 32 inches.

(a) If a restroom is provided for the § 38.109 Between-car barriers. general public, it shall be designed so as to allow a person using a wheelchair Where vehicles operate in a high- or mobility aid to enter and use such platform, level-boarding mode, and restroom as specified in paragraphs (a) where between-car bellows are not pro- (1) through (5) of this section. vided, devices or systems shall be pro- vided to prevent, deter or warn individ- (1) The minimum clear floor area uals from inadvertently stepping off shall be 35 inches by 60 inches. Perma- the platform between cars. Appropriate nently installed fixtures may overlap devices include, but are not limited to, this area a maximum of 6 inches, if the pantograph gates, chains, motion de- lowest portion of the fixture is a min- tectors or other suitable devices. imum of 9 inches above the floor, and may overlap a maximum of 19 inches, if the lowest portion of the fixture is a Subpart F—Intercity Rail Cars and minimum of 29 inches above the floor, Systems provided such fixtures do not interfere § 38.111 General. with access to the water closet. Fold- down or retractable seats or shelves (a) New, used and remanufactured may overlap the clear floor space at a intercity rail cars, to be considered ac- lower height provided they can be eas- cessible by regulations in part 37 of ily folded up or moved out of the way. this title shall comply with this sub- part to the extent required for each (2) The height of the water closet type of car as specified below. shall be 17 inches to 19 inches measured (1) Single-level rail passenger coach- to the top of the toilet seat. Seats shall es and food service cars (other than not be sprung to return to a lifted posi- single-level dining cars) shall comply tion. with §§ 38.113 through 38.123 of this part. (3) A grab bar at least 24 inches long Compliance with § 38.125 of this part shall be mounted behind the water shall be required only to the extent closet, and a horizontal grab bar at necessary to meet the requirements of least 40 inches long shall be mounted paragraph (d) of this section. on at least one side wall, with one end (2) Single-level dining and lounge not more than 12 inches from the back cars shall have at least one connecting wall, at a height between 33 inches and doorway complying with § 38.113(a)(2) of 36 inches above the floor. this part connected to a car accessible (4) Faucets and flush controls shall to persons using wheelchairs or mobil- be operable with one hand and shall ity aids, and at least one space com- not require tight grasping, pinching, or plying with §§ 38.125(d) (2) and (3) of this twisting of the wrist. The force re- part, to provide table service to a per- quired to activate controls shall be no son who wishes to remain in his or her greater than 5 lbf (22.2 N). Controls for wheelchair, and space to fold and store flush valves shall be mounted no more a wheelchair for a person who wishes to than 44 inches above the floor. transfer to an existing seat. (5) Doorways on the end of the enclo- (3) Bi-level dining cars shall comply sure, opposite the water closet, shall with §§ 38.113(a)(2), 38.115(b), 38.117(a), have a minimum clear opening width and 38.121 of this part. of 32 inches. Doorways on the side wall (4) Bi-level lounge cars shall have shall have a minimum clear opening doors on the lower level, on each side width of 39 inches. Door latches and of the car from which passengers board, hardware shall be operable with one complying with § 38.113, a restroom hand and shall not require tight grasp- complying with § 38.123, and at least ing, pinching, or twisting of the wrist. one space complying with § 38.125(d) (2)

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and (3) to provide table service to a EFFECTIVE DATE NOTE: At 76 FR 57939, person who wishes to remain in his or Sept. 19, 2011, § 38.111 was amended by remov- her wheelchair and space to fold and ing the words ‘‘If physically and operation- store a wheelchair for a person who ally practicable’’ and adding in their place the words ‘‘Unless structurally or operation- wishes to transfer to an existing seat. ally impracticable.’’ in paragraph (b)(1); and (5) Restrooms, complying with § 38.123 by removing the words ‘‘not structurally or shall be provided in single-level rail operationally practicable’’ and adding, in passenger coaches and food services their place, the words ‘‘structurally or oper- cars adjacent to the accessible seating ationally impracticable’’ in paragraph (b)(2), locations required by paragraph (d) of effective Oct. 19, 2011. this section. Accessible restrooms are § 38.113 Doorways. required in dining and lounge cars only if restrooms are provided for other pas- (a) Clear width. (1) At least one door- sengers. way, on each side of the car from which (6) Sleeper cars shall comply with passengers board, of each car required §§ 38.113 (b) through (d), 38.115 through to be accessible by § 38.111(a) and where 38.121, and 38.125, of this part, and have the spaces required by § 38.111(d) of this at least one compartment which can be part are located, and at least one adja- entered and used by a person using a cent doorway into coach passenger wheelchair or mobility aid and com- compartments shall have a minimum clear opening width of 32 inches. plying with § 38.127 of this part. (2) Doorways at ends of cars con- (b)(1) If physically and operationally necting two adjacent cars, to the max- practicable, intercity rail cars shall imum extent practicable in accordance comply with § 38.113(d) of this part for with regulations issued under the Fed- level boarding. eral Railroad Safety Act of 1970 (49 (2) Where level boarding is not struc- CFR parts 229 and 231), shall have a turally or operationally practicable, clear opening width of 32 inches to per- intercity rail cars shall comply with mit wheelchair and mobility aid users § 38.125. to enter into a single-level dining car, (c) If portions of the car are modified if available. in a way that it affects or could affect (b) Passageway. Doorways required to accessibility, each such portion shall be accessible by paragraph (a) of this comply, to the extent practicable, with section shall permit access by persons the applicable provisions of this sub- using mobility aids and shall have an part. This provision does not require unobstructed passageway at least 32 that inaccessible cars be retrofitted inches wide leading to an accessible with lifts, ramps or other boarding de- sleeping compartment complying with vices. § 38.127 of this part or seating locations (d) Passenger coaches or food service complying with § 38.125(d) of this part. cars shall have the number of spaces In cars where such doorways require complying with § 38.125(d)(2) of this passage through a vestibule, such ves- part and the number of spaces com- tibule shall have a minimum width of plying with § 38.125(d)(3) of this part, as 42 inches. (see Fig. 4) required by § 37.91 of this title. (c) Signals. If doors to the platform (e) Existing cars retrofitted to meet close automatically or from a remote the seating requirements of § 37.91 of location, auditory and visual warning this title shall comply with § 38.113(e), signals shall be provided to alert pas- § 38.123, § 38.125(d) of this part and shall sengers of closing doors. have at least one door on each side (d) Coordination with boarding plat- from which passengers board com- forms—(1) Requirements. Cars which pro- plying with § 38.113(d) of this part. Ex- vide level-boarding in stations with isting cars designed and manufactured high platforms shall be coordinated to be accessible in accordance with the with the boarding platform or mini- Secretary of Transportation regula- high platform design such that the hor- tions implementing section 504 of the izontal gap between a car at rest and Rehabilitation Act of 1973 that were in the platform shall be no greater than 3 effect before October 7, 1991, shall com- inches and the height of the car floor ply with § 38.125(a) of this part. shall be within plus or minus 5⁄8 inch of

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the platform height. Vertical align- imum 11⁄2 inches knuckle clearance ment may be accomplished by car air from the nearest adjacent surface. suspension, platform lifts or other de- (b) Where provided, handrails and vices, or any combination. stanchions shall be sufficient to permit (2) Exception. New cars operating in safe boarding, on-board circulation, existing stations may have a floor seating and standing assistance, and height within plus or minus 11⁄2 inches alighting by persons with disabilities. of the platform height. (c) At entrances equipped with steps, (3) Exception. Where platform set- handrails or stanchions shall be pro- backs do not allow the horizontal gap vided in the entrance to the car in a or vertical alignment specified in para- configuration which allows passengers graph (d) (1) or (2), platform or portable to grasp such assists from outside the lifts complying with § 38.125(b) of this car while starting to board, and to con- part, or car or platform bridge plates, tinue using such assists throughout the complying with § 38.125(c) of this part, boarding process, to the extent per- may be provided. mitted by part 231 of this title. (4) Exception. Retrofitted vehicles shall be coordinated with the platform § 38.117 Floors, steps and thresholds. in existing stations such that the hori- (a) Floor surfaces on aisles, step zontal gap shall be no greater than 4 treads and areas where wheelchair and inches and the height of the vehicle mobility aid users are to be accommo- floor, under 50% passenger load, shall dated shall be slip-resistant. be within plus or minus 2 inches of the (b) All step edges and thresholds platform height. shall have a band of color(s) running (e) Signage. The International Sym- the full width of the step or threshold bol of Accessibility shall be displayed which contrasts from the step tread on the exterior of all doors complying and riser or adjacent floor, either light- with this section unless all cars and on-dark or dark-on-light. doors are accessible and are not marked by the access symbol (see fig. § 38.119 Lighting. 6). Appropriate signage shall also indi- (a) Any stepwell, or doorway with a cate which accessible doors are adja- lift, ramp or bridge plate, shall have, cent to an accessible restroom, if appli- when the door is open, at least 2 foot- cable. candles of illumination measured on [56 FR 45756, Sept. 6, 1991, as amended at 58 the step tread, ramp, bridge plate or FR 63103, Nov. 30, 1993] lift platform. (b) The doorways of cars not oper- EFFECTIVE DATE NOTE: At 76 FR 57939, ating at lighted station platforms shall Sept. 19, 2011, § 38.113(d)(3) was amended by have outside lights which, when the removing the period at the end of the para- graph and adding the words ‘‘ensuring com- door is open, provide at least 1 foot- pliance with section 37.42, where applicable’’ candle of illumination on the station in its place, effective Oct. 19, 2011. platform surface for a distance of 3 feet perpendicular to all points on the bot- § 38.115 Interior circulation, handrails tom step tread edge. Such lights shall and stanchions. be shielded to protect the eyes of enter- (a) Where provided, handrails or stan- ing and exiting passengers. chions within the passenger compart- ment shall be placed to permit suffi- § 38.121 Public information system. cient turning and maneuvering space (a) Each car shall be equipped with a for wheelchairs and other mobility aids public address system permitting to reach a seating location, complying transportation system personnel, or re- with § 38.125(d) of this part, from an ac- corded or digitized human speech mes- cessible entrance. The diameter or sages, to announce stations and pro- width of the gripping surface of inte- vide other passenger information. Al- rior handrails and stanchions shall be ternative systems or devices which pro- 11⁄4 inches to 11⁄2 inches or shall provide vide equivalent access are also per- an equivalent gripping surface. Hand- mitted. rails shall be placed to provide a min- (b) [Reserved]

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§ 38.123 Restrooms. nected to such a space by an unob- (a) If a restroom is provided for the structed path having a minimum width general public, and an accessible rest- of 32 inches. room is required by § 38.111 (a) and (e) § 38.125 Mobility aid accessibility. of this part, it shall be designed so as to allow a person using a wheelchair or (a)(1) General. All intercity rail cars, mobility aid to enter and use such rest- other than level entry cars, required to room as specified in paragraphs (a) (1) be accessible by §§ 38.111 (a) and (e) of through (5) of this section. this subpart shall provide a level- (1) The minimum clear floor area change mechanism or boarding device shall be 35 inches by 60 inches. Perma- (e.g., lift, ramp or bridge plate) com- nently installed fixtures may overlap plying with either paragraph (b) or (c) this area a maximum of 6 inches, if the of this section and sufficient clear- lowest portion of the fixture is a min- ances to permit a wheelchair or other imum of 9 inches above the floor, and mobility aid user to reach a seating lo- may overlap a maximum of 19 inches, if cation complying with paragraph (d) of the lowest portion of the fixture is a this section. minimum of 29 inches above the floor. (2) Exception. If portable or platform Fixtures shall not interfere with access lifts, ramps or bridge plates meeting to and use of the water closet. Fold- the applicable requirements of this sec- down or retractable seats or shelves tion are provided on station platforms may overlap the clear floor space at a or other stops required to be accessible, lower height provided they can be eas- or mini-high platforms complying with ily folded up or moved out of the way. § 38.113(d) are provided, the car is not (2) The height of the water closet required to be equipped with a car- shall be 17 inches to 19 inches measured borne device. to the top of the toilet seat. Seats shall not be sprung to return to a lifted posi- (b) Car Lift—(1) Design load. The de- tion. sign load of the lift shall be at least 600 (3) A grab bar at least 24 inches long pounds. Working parts, such as cables, shall be mounted behind the water pulleys, and shafts, which can be ex- closet, and a horizontal grab bar at pected to wear, and upon which the lift least 40 inches long shall be mounted depends for support of the load, shall on at least one side wall, with one end have a safety factor of at least six, not more than 12 inches from the back based on the ultimate strength of the wall, at a height between 33 inches and material. Nonworking parts, such as 36 inches above the floor. platform, frame, and attachment hard- (4) Faucets and flush controls shall ware which would not be expected to be operable with one hand and shall wear, shall have a safety factor of at not require tight grasping, pinching, or least three, based on the ultimate twisting of the wrist. The force re- strength of the material. quired to activate controls shall be no (2) Controls—(i) Requirements. The greater than 5 lbf (22.2 N). Controls for controls shall be interlocked with the flush valves shall be mounted no more car brakes, propulsion system, or door, than 44 inches above the floor. or shall provide other appropriate (5) Doorways on the end of the enclo- mechanisms or systems, to ensure that sure, opposite the water closet, shall the car cannot be moved when the lift have a minimum clear opening width is not stowed and so the lift cannot be of 32 inches. Doorways on the side wall deployed unless the interlocks or sys- shall have a minimum clear opening tems are engaged. The lift shall deploy width of 39 inches. Door latches and to all platform levels normally encoun- hardware shall be operable with one tered in the operating environment. hand and shall not require tight grasp- Where provided, each control for de- ing, pinching, or twisting of the wrist. ploying, lowering, raising, and stowing (b) Restrooms required to be acces- the lift and lowering the roll-off bar- sible shall be in close proximity to at rier shall be of a monetary contact least one seating location for persons type requiring continuous manual pres- using mobility aids complying with sure by the operator and shall not § 38.125(d) of this part and shall be con- allow improper lift sequencing when

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the lift platform is occupied. The con- or mobility aid from rolling off the lift trols shall allow reversal of the lift op- during its operation. A movable barrier eration sequence, such as raising or or inherent design feature shall pre- lowering a platform that is part way vent a wheelchair or mobility aid from down, without allowing an occupied rolling off the edge closest to the car platform to fold or retract into the until the lift is in its fully raised posi- stowed position. tion. Each side of the lift platform (ii) Exception. Where physical or safe- which, in its raised position, extends ty constraints prevent the deployment beyond the car shall have a barrier a at some stops of a lift having its long minimum 11⁄2 inches high. Such bar- dimension perpendicular to the car riers shall not interfere with maneu- axis, the transportation entity may vering into or out of the car. The load- specify a lift which is designed to de- ing-edge barrier (outer barrier) which ploy with its long dimension parallel to functions as a loading ramp when the the car axis and which pivots into or lift is at ground or station platform out of the car while occupied (i.e., ‘‘ro- level, shall be sufficient when raised or tary lift’’). The requirements of para- closed, or a supplementary system graph (b)(2)(i) of this section prohib- shall be provided, to prevent a power iting the lift from being stowed while wheelchair or mobility aid from riding occupied shall not apply to a lift design over or defeating it. The outer barrier of this type if the stowed position is of the lift shall automatically rise or within the passenger compartment and close, or a supplementary system shall the lift is intended to be stowed while automatically engage, and remain occupied. raised, closed, or engaged at all times (iii) Exception. The brake or propul- that the lift platform is more than 3 sion system interlocks requirement inches above the station platform and does not apply to platform mounted or the lift is occupied. Alternatively, a portable lifts provided that a mechan- barrier or system may be raised, low- ical, electrical or other system oper- ered, opened, closed, engaged or dis- ates to ensure that cars do not move engaged by the lift operator provided when the lift is in use. an interlock or inherent design feature (3) Emergency operation. The lift shall prevents the lift from rising unless the incorporate an emergency method of barrier is raised or closed or the sup- deploying, lowering to ground or sta- plementary system is engaged. tion platform level with a lift occu- (6) Platform surface. The lift platform pant, and raising and stowing the surface shall be free of any protrusions empty lift if the power to the lift fails. over 1⁄4 inch high and shall be slip re- No emergency method, manual or oth- sistant. The lift platform shall have a erwise, shall be capable of being oper- minimum clear width of 281⁄2 inches at ated in a manner that could be haz- the platform, a minimum clear width ardous to the lift occupant or to the of 30 inches measured from 2 inches operator when operated according to above the lift platform surface to 30 manufacturer’s instructions, and shall inches above the surface, and a min- not permit the platform to be stowed imum clear length of 48 inches meas- or folded when occupied, unless the lift ured from 2 inches above the surface of is a rotary lift and is intended to be the platform to 30 inches above the sur- stowed while occupied. face. (See Fig. 1.) (4) Power or equipment failure. Plat- (7) Platform gaps. Any openings be- forms stowed in a vertical position, and tween the lift platform surface and the deployed platforms when occupied, raised barriers shall not exceed 5⁄8 inch shall have provisions to prevent their wide. When the lift is at car floor deploying, falling, or folding any faster height with the inner barrier (if appli- than 12 inches/second or their dropping cable) down or retracted, gaps between of an occupant in the event of a single the forward lift platform edge and car failure of any load carrying compo- floor shall not exceed 1⁄2 inch hori- nent. zontally and 5⁄8 inch vertically. (5) Platform barriers. The lift platform (8) Platform entrance ramp. The en- shall be equipped with barriers to pre- trance ramp, or loading-edge barrier vent any of the wheels of a wheelchair used as a ramp, shall not exceed a slope

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of 1:8, when measured on level ground, placed to provide a minimum 11⁄2 inches for a maximum rise of 3 inches, and the knuckle clearance from the nearest ad- transition from station platform to jacent surface. Handrails shall not ramp may be vertical without edge interfere with wheelchair or mobility treatment up to 1⁄4 inch. Thresholds be- aid maneuverability when entering or tween 1⁄4 inch and 1⁄2 inch high shall be leaving the car. beveled with a slope no greater than (c) Car ramp or bridge plate—(1) Design 1:2. load. Ramps or bridge plates 30 inches (9) Platform deflection. The lift plat- or longer shall support a load of 600 form (not including the entrance ramp) pounds, placed at the centroid of the shall not deflect more than 3 degrees ramp or bridge plate distributed over (exclusive of car roll) in any direction an area of 26 inches by 26 inches, with between its unloaded position and its a safety factor of at least 3 based on position when loaded with 600 pounds the ultimate strength of the material. applied through a 26 inch by 26 inch Ramps or bridge plates shorter than 30 test pallet at the centroid of the lift inches shall support a load of 300 platform. pounds. (10) Platform movement. No part of the (2) Ramp surface. The ramp or bridge platform shall move at a rate exceed- plate surface shall be continuous and ing 6 inches/second during lowering and slip resistant, shall not have protru- lifting an occupant, and shall not ex- sions from the surface greater than 1⁄4 ceed 12 inches/second during deploying inch high, shall have a clear width of 30 or stowing. This requirement does not inches and shall accommodate both apply to the deployment or stowage cy- four-wheel and three-wheel mobility cles of lifts that are manually deployed aids. or stowed. The maximum platform hor- (3) Ramp threshold. The transition izontal and vertical acceleration when from station platform to the ramp or occupied shall be 0.3g. bridge plate and the transition from (11) Boarding direction. The lift shall car floor to the ramp or bridge plate permit both inboard and outboard fac- may be vertical without edge treat- ing of wheelchairs and mobility aids. ment up to 1⁄4 inch. Changes in level be- (12) Use by standees. Lifts shall ac- tween 1⁄4 inch and 1⁄2 inch shall be bev- commodate persons using walkers, eled with a slope no greater than 1:2. crutches, canes or braces or who other- (4) Ramp barriers. Each side of the wise have difficulty using steps. The ramp or bridge plate shall have bar- lift may be marked to indicate a pre- riers at least 2 inches high to prevent ferred standing position. mobility aid wheels from slipping off. (13) Handrails. Platforms on lifts (5) Slope. Ramps or bridge plates shall shall be equipped with handrails, on have the least slope practicable. If the two sides, which move in tandem with height of the vehicle floor, under 50% the lift, and which shall be graspable passenger load, from which the ramp is and provide support to standees deployed is 3 inches or less above the throughout the entire lift operation. station platform a maximum slope of Handrails shall have a usable compo- 1:4 is permitted; if the height of the ve- nent at least 8 inches long with the hicle floor, under 50% passenger load, lowest portion a minimum 30 inches from which the ramp is deployed is 6 above the platform and the highest inches or less, but more than 3 inches, portion a maximum 38 inches above the above the station platform a maximum platform. The handrails shall be capa- slope of 1:6 is permitted; if the height ble of withstanding a force of 100 of the vehicle floor, under 50% pas- pounds concentrated at any point on senger load, from which the ramp is de- the handrail without permanent defor- ployed is 9 inches or less, but more mation of the rail or its supporting than 6 inches, above the station plat- structure. The handrail shall have a form a maximum slope of 1:8 is per- cross-sectional diameter between 11⁄4 mitted; if the height of the vehicle inches and 11⁄2 inches or shall provide floor, under 50% passenger load, from an equivalent grasping surface, and which the ramp is deployed is greater have eased edges with corner radii of than 9 inches above the station plat- not less than 1⁄8 inch. Handrails shall be form a slope of 1:12 shall be achieved.

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Folding or telescoping ramps are per- of this section which adjoin or overlap mitted provided they meet all struc- an accessible route with a minimum tural requirements of this section. clear width of 32 inches. (6) Attachment—(i) Requirement. When (2) Wheelchair or mobility aid spaces. in use for boarding or alighting, the Spaces for persons who wish to remain ramp or bridge plate shall be attached in their wheelchairs or mobility aids to the vehicle, or otherwise prevented shall have a minimum clear floor space from moving such that it is not subject 48 inches by 30 inches. Such spaces to displacement when loading or un- shall adjoin, and may overlap, an ac- loading a heavy power mobility aid and cessible path. Not more than 6 inches that any gaps between vehicle and of the required clear floor space may be ramp or bridge plate, and station plat- accommodated for footrests under an- form and ramp or bridge plate, shall other seat provided there is a minimum not exceed 5⁄8 inch. of 9 inches from the floor to the lowest (ii) Exception. Ramps or bridge plates part of the seat overhanging the space. which are attached to, and deployed Seating spaces may have fold-down or from, station platforms are permitted removable seats to accommodate other in lieu of car devices provided they passengers when a wheelchair or mobil- meet the displacement requirements of ity aid user is not occupying the area, paragraph (c)(6)(i) of this section. provided the seats, when folded up, do (7) Stowage. A compartment, secure- not obstruct the clear floor space pro- ment system, or other appropriate vided (See Fig. 2). method shall be provided to ensure (3) Other spaces. Spaces for individ- that stowed ramps or bridge plates, in- uals who wish to transfer shall include cluding portable ramps or bridge plates a regular coach seat or dining car stowed in the passenger area, do not booth or table seat and space to fold impinge on a passenger’s wheelchair or and store the passenger’s wheelchair. mobility aid or pose any hazard to pas- sengers in the event of a sudden stop. [56 FR 45756, Sept. 6, 1991, as amended at 58 FR 63103, Nov. 30, 1993] (8) Handrails. If provided, handrails shall allow persons with disabilities to EFFECTIVE DATE NOTE: At 76 FR 57939, grasp them from outside the car while Sept. 19, 2011, § 38.125 was amended by adding starting to board, and to continue to the words ‘‘level-entry boarding,’’ before the words ’’portable or platform lifts’’ in the use them throughout the boarding first sentence of paragraph (a)(2) and by add- process, and shall have the top between ing a second sentence ‘‘The access systems 30 inches and 38 inches above the ramp or devices used at a station to which section surface. The handrails shall be capable 37.42 applies must permit compliance with of withstanding a force of 100 pounds that section.’’ at the end of the paragraph, concentrated at any point on the hand- effective Oct. 19, 2011. rail without permanent deformation of the rail or its supporting structure. § 38.127 Sleeping compartments. The handrail shall have a cross-sec- (a) Sleeping compartments required tional diameter between 11⁄4 inches and to be accessible shall be designed so as 11⁄2 inches or shall provide an equiva- to allow a person using a wheelchair or lent grasping surface, and have eased mobility aid to enter, maneuver within edges with corner radii of not less than and approach and use each element 1⁄8 inch. Handrails shall not interfere within such compartment. (See Fig. 5.) with wheelchair or mobility aid ma- (b) Each accessible compartment neuverability when entering or leaving shall contain a restroom complying the car. with § 38.123(a) which can be entered di- (d) Seating—(1) Requirements. All rectly from such compartment. intercity rail cars required to be acces- (c) Controls and operating mecha- sible by §§ 38.111 (a) and (e) of this sub- nisms (e.g., heating and air condi- part shall provide at least one, but not tioning controls, lighting controls, call more than two, mobility aid seating lo- buttons, electrical outlets, etc.) shall cation(s) complying with paragraph be mounted no more than 48 inches, (d)(2) of this section; and at least one, and no less than 15 inches, above the but not more than two, seating loca- floor and shall have a clear floor area tion(s) complying with paragraph (d)(3) directly in front a minimum of 30

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inches by 48 inches. Controls and oper- board, and to continue using such ating mechanisms shall be operable handrails or stanchions throughout the with one hand and shall not require boarding process. Handrails shall have tight grasping, pinching, or twisting of a cross-sectional diameter between 11⁄4 the wrist. inches and 11⁄2 inches or shall provide an equivalent grasping surface, and Subpart G—Over-the-Road Buses have eased edges with corner radii of and Systems not less than 1⁄8 inch. Handrails shall be placed to provide a minimum 11⁄2 inches § 38.151 General. knuckle clearance from the nearest ad- jacent surface. Where on-board fare (a) New, used and remanufactured collection devices are used, a hori- over-the-road buses, to be considered zontal passenger assist shall be located accessible by regulations in part 37 of between boarding passengers and the this title, shall comply with this sub- fare collection device and shall prevent part. passengers from sustaining injuries on (b) Over-the-road buses covered by the fare collection device or windshield § 37.7 (c) of this title shall comply with in the event of a sudden deceleration. § 38.23 and this subpart. Without restricting the vestibule space, the assist shall provide support § 38.153 Doors, steps and thresholds. for a boarding passenger from the door (a) Floor surfaces on aisles, step through the boarding procedure. Pas- treads and areas where wheelchair and sengers shall be able to lean against mobility aid users are to be accommo- the assist for security while paying dated shall be slip-resistant. fares. (b) All step edges shall have a band of (b) Where provided within passenger color(s) running the full width of the compartments, handrails or stanchions step which contrasts from the step shall be sufficient to permit safe on- tread and riser, either dark-on-light or board circulation, seating and standing light-on-dark. assistance, and alighting by persons (c)(1) Doors shall have a minimum with disabilities. clear width when open of 30 inches (760 mm), measured from the lowest step to § 38.157 Lighting. a height of at least 48 inches (1220 mm), (a) Any stepwell or doorway imme- from which point they may taper to a diately adjacent to the driver shall minimum width of 18 inches (457 mm). have, when the door is open, at least 2 The clear width may be reduced by a foot-candles of illumination measured maximum of 4 inches (100 mm) by pro- on the step tread. trusions of hinges or other operating (b) The vehicle doorway shall have mechanisms. outside light(s) which, when the door is (2) Exception. Where compliance with open, provide at least 1 foot-candle of the door width requirement of para- illumination on the pathway to the graph (c)(1) of this section is not fea- door for a distance of 3 feet (915 mm) to sible, the minimum door width shall be the bottom step tread or lift outer 27 in (685 mm). edge. Such light(s) shall be shielded to (d) The overhead clearance between protect the eyes of entering and exiting the top of the lift door opening and the passengers. sill shall be the maximum practicable [56 FR 45756, Sept. 6, 1991, as amended at 63 but not less than 65 inches (1651 mm). FR 51698, 51702, Sept. 28, 1998] [56 FR 45756, Sept. 6, 1991, as amended at 63 FR 51698, 51702, Sept. 28, 1998] § 38.159 Mobility aid accessibility. (a)(1) General. All vehicles covered by § 38.155 Interior circulation, handrails this subpart shall provide a level- and stanchions. change mechanism or boarding device (a) Handrails and stanchions shall be (e.g., lift or ramp) complying with provided in the entrance to the vehicle paragraph (b) or (c) of this section and in a configuration which allows pas- sufficient clearances to permit a wheel- sengers to grasp such assists from out- chair or other mobility aid user to side the vehicle while starting to reach a securement location. At least

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two securement locations and devices, while occupied shall not apply if the complying with paragraph (d) of this stowed position is within the passenger section, shall be provided. compartment and the lift is intended (2) Exception. If portable or station- to be stowed while occupied. based lifts, ramps or bridge plates (3) Emergency operation. The lift shall meeting the applicable requirements of incorporate an emergency method of this section are provided at stations or deploying, lowering to ground level other stops required to be accessible with a lift occupant, and raising and under regulations issued by the Depart- stowing the empty lift if the power to ment of Transportation, the bus is not the lift fails. No emergency method, required to be equipped with a vehicle- manual or otherwise, shall be capable borne device. of being operated in a manner that (b) Vehicle lift—(1) Design load. The could be hazardous to the lift occupant design load of the lift shall be at least or to the operator when operated ac- 600 pounds (2665 N). Working parts, cording to manufacturer’s instructions, such as cables, pulleys, and shafts, and shall not permit the platform to be which can be expected to wear, and stowed or folded when occupied, unless upon which the lift depends for support the lift is a rotary lift and is intended of the load, shall have a safety factor to be stowed while occupied. of at least six, based on the ultimate (4) Power or equipment failure. Plat- strength of the material. Nonworking forms stowed in a vertical position, and parts, such as platform, frame and at- deployed platforms when occupied, tachment hardware which would not be shall have provisions to prevent their expected to wear, shall have a safety deploying, falling, or folding any faster factor of at least three, based on the than 12 inches/second (305 mm/sec) or ultimate strength of the material. their dropping of an occupant in the (2) Controls—(i) Requirements. The event of a single failure of any load controls shall be interlocked with the carrying component. vehicle brakes, transmission, or door, (5) Platform barriers. The lift platform or shall provide other appropriate shall be equipped with barriers to pre- mechanisms or systems, to ensure that vent any of the wheels of a wheelchair the vehicle cannot be moved when the or mobility aid from rolling off the lift is not stowed and so the lift cannot platform during its operation. A mov- be deployed unless the interlocks or able barrier or inherent design feature systems are engaged. The lift shall de- shall prevent a wheelchair or mobility ploy to all levels (i.e., ground, curb, aid from rolling off the edge closest to and intermediate positions) normally the vehicle until the platform is in its encountered in the operating environ- fully raised position. Each side of the ment. Where provided, each control for lift platform which extends beyond the deploying, lowering, raising, and stow- vehicle in its raised position shall have ing the lift and lowering the roll-off a barrier a minimum 11⁄2 inches (13 mm) barrier shall be of a momentary con- high. Such barriers shall not interfere tact type requiring continuous manual with maneuvering into or out of the pressure by the operator and shall not aisle. The loading-edge barrier (outer allow improper lift sequencing when barrier) which functions as a loading the lift platform is occupied. The con- ramp when the lift is at ground level, trols shall allow reversal of the lift op- shall be sufficient when raised or eration sequence, such as raising or closed, or a supplementary system lowering a platform that is part way shall be provided, to prevent a power down, without allowing an occupied wheelchair or mobility aid from riding platform to fold or retract into the over or defeating it. The outer barrier stowed position. of the lift shall automatically raise or (ii) Exception. Where the lift is de- close, or a supplementary system shall signed to deploy with its long dimen- automatically engage, and remain sion parallel to the vehicle axis and raised, closed, or engaged at all times which pivots into or out of the vehicle that the platform is more than 3 inches while occupied (i.e., ‘‘rotary lift’’), the (75 mm) above the roadway or sidewalk requirements of this paragraph (b)(2) and the platform is occupied. Alter- prohibiting the lift from being stowed natively, a barrier or system may be

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raised, lowered, opened, closed, en- ing 6 inches/second (150 mm/sec) during gaged, or disengaged by the lift oper- lowering and lifting an occupant, and ator, provided an interlock or inherent shall not exceed 12 inches/second (300 design feature prevents the lift from mm/sec) during deploying or stowing. rising unless the barrier is raised or This requirement does not apply to the closed or the supplementary system is deployment or stowage cycles of lifts engaged. that are manually deployed or stowed. (6) Platform surface. The platform sur- The maximum platform horizontal and face shall be free of any protrusions of vertical acceleration when occupied 1⁄4 inch (6.5 mm) high and shall be slip shall be 0.3g. resistant. The platform shall have a (11) Boarding direction. The lift shall minimum clear width of 281⁄2 inches (725 permit both inboard and outboard fac- mm) at the platform, a minimum clear ing of wheelchair and mobility aid width of 30 inches (760 mm) measured users. from 2 inches (50 mm) above the plat- (12) Use by standees. Lifts shall ac- form surface to 30 inches (760 mm) commodate persons using walkers, above the platform, and a minimum crutches, canes or braces or who other- clear length of 48 inches (1220 mm) wise have difficulty using steps. The measured from 2 inches (50 mm) above platform may be marked to indicate a the surface of the platform to 30 inches preferred standing position. (760 mm) above the surface of the plat- (13) Handrails. Platforms on lifts form. (See Figure 1 to this part.) shall be equipped with handrails on two (7) Platform gaps. Any openings be- sides, which move in tandem with the tween the platform surface and the lift, and which shall be graspable and raised barriers shall not exceed 5⁄8 inch (16 mm) in width. When the platform is provide support to standees throughout at vehicle floor height with the inner the entire lift operation. Handrails barrier (if applicable) down or re- shall have a usable component at least tracted, gaps between the forward lift 8 inches (200 mm) long with the lowest platform edge and the vehicle floor portion a minimum 30 inches (760 mm) above the platform and the highest shall not exceed 1⁄2 inch (13 mm) hori- portion a maximum 38 inches (965 mm) zontally and 5⁄8 inch (16 mm) vertically. Platforms on semi-automatic lifts may above the platform. The handrails shall be capable of withstanding a force of have a hand hold not exceeding 11⁄2 100 pounds (445 N) concentrated at any inches (28 mm) by 41⁄2 inches (113 mm) located between the edge barriers. point on the handrail without perma- (8) Platform entrance ramp. The en- nent deformation of the rail or its sup- trance ramp, or loading-edge barrier porting structure. The handrail shall used as a ramp, shall not exceed a slope have a cross-sectional diameter be- of 1:8, measured on level ground, for a tween 11⁄4 inches (32 mm) and 11⁄2 inches maximum rise of 3 inches (75 mm), and (38 mm) or shall provide an equivalent the transition from roadway or side- grasping surface, and have eased edges walk to ramp may be vertical without with corner radii of not less than 5⁄8 edge treatment up to 1⁄4 inch (6.5 mm) inch (3.5 mm). Handrails shall be placed 1 . Thresholds between 1⁄4 inch (6.5 mm) to provide a minimum 1 ⁄2 inches (38 and 1⁄2 inch (13 mm) high shall be bev- mm) knuckle clearance from the near- eled with a slope no greater than 1:2. est adjacent surface. Handrails shall (9) Platform deflection. The lift plat- not interfere with wheelchair or mobil- form (not including the entrance ramp) ity aid maneuverability when entering shall not deflect more than 3 degrees or leaving the vehicle. (exclusive of vehicle roll or pitch) in (c) Vehicle ramp—(1) Design load. any direction between its unloaded po- Ramps 30 inches (760 mm) or longer sition and its position when loaded shall support a load of 600 pounds (2665 with 600 pounds (2665 N) applied N), placed at the centroid of the ramp through a 26 inch (660 mm) by 26 inch distributed over an area of 26 inches by test pallet at the centroid of the plat- 26 inches (660 mm by 660 mm), with a form. safety factor of at least 3 based on the (10) Platform movement. No part of the ultimate strength of the material. platform shall move at a rate exceed- Ramps shorter than 30 inches (760 mm)

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shall support a load of 300 pounds (1332 ramps stowed in the passenger area, do N). not impinge on a passenger’s wheel- (2) Ramp surface. The ramp surface chair or mobility aid or pose any haz- shall be continuous and slip resistant; ard to passengers in the event of a sud- shall not have protrusions from the den stop or maneuver. surface greater than 1⁄4 inch (6.5 mm) (8) Handrails. If provided, handrails high; shall have a clear width of 30 shall allow persons with disabilities to inches (760 mm); and shall accommo- grasp them from outside the vehicle date both four-wheel and three-wheel while starting to board, and to con- mobility aids. tinue to use them throughout the (3) Ramp threshold. The transition boarding process, and shall have the from roadway or sidewalk and the top between 30 inches (760 mm) above transition from vehicle floor to the the ramp surface. The handrails shall ramp may be vertical without edge be capable of withstanding a force of treatment up to 1⁄4 inch (6.5 mm). 100 pounds (445 N) concentrated at any Changes in level between 1⁄4 inch (6.5 point on the handrail without perma- mm) and 1⁄2 inch (13 mm) shall be bev- nent deformation of the rail or its sup- eled with a slope no greater than 1:2. porting structure. The handrail shall (4) Ramp barriers. Each side of the have a cross-sectional diameter be- ramp shall have barriers at least 2 tween 11⁄4 inches (32 mm) and 11⁄2 inches inches (50 mm) high to prevent mobil- (38 mm) or shall provide an equivalent ity aid wheels from slipping off. grasping surface, and have eased edges (5) Slope. Ramps shall have the least with corner radii of not less than 1⁄8 slope practicable and shall not exceed inch (3.5 mm). Handrails shall not 1:4 when deployed to ground level. If interfere with wheelchair or mobility the height of the vehicle floor from aid maneuverability when entering or which the ramp is deployed is 3 inches leaving the vehicle. (75 mm) or less above a 6 inch (150 mm) (d) Securement devices—(1) Design load. curb, a maximum slope of 1:4 is per- Securement systems, and their attach- mitted; if the height of the vehicle ments to vehicles, shall restrain a force floor from which the ramp is deployed in the forward longitudinal direction of is 6 inches (150 mm) or less, but greater up to 2,000 pounds (8,880 N) per secure- than 3 inches (75 mm), above a 6 inch ment leg or clamping mechanism and a (150 mm) curb, a maximum slope of 1:6 minimum of 4,000 pounds (17,760 N) for is permitted; if the height of the vehi- each mobility aid. cle floor from which the ramp is de- (2) Location and size. The securement ployed is 9 inches (225 mm) or less, but system shall be placed as near to the greater than 6 inches (150 mm), above a accessible entrance as practicable and 6 inch curb, a maximum slope of 1:8 is shall have a clear floor area of 30 permitted; if the height of the vehicle inches (760 mm) by 48 inches (1220 mm). floor from which the ramp is deployed Such space shall adjoin, and may over- is greater than 9 inches (225 mm) above lap, an access path. Not more than 6 a 6 inch (150 mm) curb, a slope of 1:12 inches (150 mm) of the required clear shall be achieved. Folding or tele- floor space may be accommodated for scoping ramps are permitted provided footrests under another seat, modesty they meet all structural requirements panel, or other fixed element provided of this section. there is a minimum of 9 inches (230 (6) Attachment. When in use for board- mm) from the floor to the lowest part ing or alighting, the ramp shall be of the seat overhanging the space. Se- firmly attached to the vehicle so that curement areas may have fold-down it is not subject to displacement when seats to accommodate other passengers loading or unloading a heavy power when a wheelchair or mobility aid is mobility aid and that no gap between not occupying the area, provided the vehicle and ramp exceeds 5⁄8 inch (16 seats, when folded up, do not obstruct mm). the clear floor space required. (See Fig- (7) Stowage. A compartment, secure- ure 2 to this part.) ment system, or other appropriate (3) Mobility aids accommodated. The method shall be provided to ensure securement system shall secure com- that stowed ramps, including portable mon wheelchairs and mobility aids and

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shall either be automatic or easily at- curement locations, shall have an arm- tached by a person familiar with the rest on the aisle side which can be system and mobility aid and having av- raised, removed, or retracted to permit erage dexterity. easy entry or exit. (4) Orientation. At least one secure- ment device or system required by [63 FR 51700, 51703, Sept. 28, 1998] paragraph (a) of this section shall se- cure the wheelchair or mobility aid Subpart H—Other Vehicles and facing toward the front of the vehicle. Systems Additional securement devices or sys- tems shall secure the wheelchair or § 38.171 General. mobility aid facing forward or rear- (a) New, used and remanufactured ve- ward. Where the wheelchair or mobil- ity aid is secured facing the rear of the hicles and conveyances for systems not vehicle, a padded barrier shall be pro- covered by other subparts of this part, vided. The padded barrier shall extend to be considered accessible by regula- from a height of 38 inches (965 mm) tions in part 37 of this title shall com- from the vehicle floor to a height of 56 ply with this subpart. inches (1420 mm) from the vehicle floor (b) If portions of the vehicle or con- with a width of 18 inches (455 mm), lat- veyance are modified in a way that af- erally centered immediately in back of fects or could affect accessibility, each the seated individual. Such barriers such portion shall comply, to the ex- need not be solid provided equivalent tent practicable, with the applicable protection is afforded. provisions of this subpart. This provi- (5) Movement. When the wheelchair or sion does not require that inaccessible mobility aid is secured in accordance vehicles be retrofitted with lifts, ramps with manufacturer’s instructions, the or other boarding devices. securement system shall limit the (c) Requirements for vehicles and movement of an occupied wheelchair or systems not covered by this part shall mobility aid to no more than 2 inches be determined on a case-by-case basis (50 mm) in any direction under normal by the Department of Transportation vehicle operating conditions. in consultation with the U.S. Architec- (6) Stowage. When not being used for securement, or when the securement tural and Transportation Barriers area can be used by standees, the se- Compliance Board (Access Board). curement system shall not interfere § 38.173 Automated guideway transit with passenger movement, shall not vehicles and systems. present any hazardous condition, shall be reasonably protected from van- (a) Automated Guideway Transit dalism, and shall be readily accessed (AGT) vehicles and systems, sometimes when needed for use. called ‘‘people movers’’, operated in (7) Seat belt and shoulder harness. For airports and other areas where AGT ve- each wheelchair or mobility aid secure- hicles travel at slow speed (i.e., at a ment device provided, a passenger seat speed of no more than 20 miles per hour belt and shoulder harness, complying at any location on their route during with all applicable provisions of the normal operation), shall comply with Federal Motor Vehicle Safety Stand- the provisions of § 38.53 (a) through (c), ards (49 CFR part 571), shall also be and §§ 38.55 through 38.61 of this part for provided for use by wheelchair or mo- rapid rail vehicles and systems. bility aid users. Such seat belts and (b) Where the vehicle covered by shoulder harnesses shall not be used in paragraph (a) will operate in an acces- lieu of a device which secures the sible station, the design of vehicles wheelchair or mobility aid itself. shall be coordinated with the boarding [63 FR 51698, 51703, Sept. 28, 1998] platform design such that the hori- zontal gap between a vehicle door at § 38.161 Moveable aisle armrests. rest and the platform shall be no great- A minimum of 50% of aisle seats, in- er than 1 inch and the height of the ve- cluding all moveable or removable hicle floor shall be within plus or seats at wheelchair or mobility aide se- minus 1⁄2 inch of the platform height

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under all normal passenger load condi- no greater than 3 inches and the height tions. Vertical alignment may be ac- of the car floor shall be within plus or complished by vehicle air suspension or minus 5⁄8 inch of the platform height other suitable means of meeting the re- under all normal passenger load condi- quirement. tions. Vertical alignment may be ac- (c) In stations where open platforms complished by car air suspension or are not protected by platform screens, other suitable means of meeting the re- a suitable device or system shall be quirement. All doorways shall have, provided to prevent, deter or warn indi- when the door is open, at least 2 foot- viduals from stepping off the platform candles of illumination measured on between cars. Acceptable devices in- the door threshold. clude, but are not limited to, panto- (b) All other high-speed rail cars graph gates, chains, motion detectors shall comply with the similar provi- or other appropriate devices. sions of subpart F of this part. (d) Light rail and rapid rail AGT ve- hicles and systems shall comply with § 38.177 Ferries, excursion boats and subparts D and C of this part, respec- other vessels. [Reserved] tively. AGT systems whose vehicles travel at a speed of more than 20 miles § 38.179 Trams, and similar vehicles, per hour at any location on their route and systems during normal operation are covered (a) New and used trams consisting of under this paragraph rather than under a tractor unit, with or without pas- paragraph (a) of this section. senger accommodations, and one or [56 FR 45756, Sept. 6, 1991, as amended at 61 more passenger trailer units, including FR 25416, May 21, 1996] but not limited to vehicles providing shuttle service to remote parking § 38.175 High-speed rail cars, mono- areas, between hotels and other public rails and systems. accommodations, and between and (a) All cars for high-speed rail sys- within amusement parks and other tems, including but not limited to recreation areas, shall comply with those using ‘‘maglev’’ or high speed this section. For purposes of deter- steel-wheel-on-steel rail technology, mining applicability of 49 CFR 37.101, and monorail systems operating pri- 37.103, or 37.105 the capacity of such a marily on dedicated rail (i.e., not used vehicle or ‘‘train’’ shall consist of the by freight trains) or guideway, in total combined seating capacity of all which stations are constructed in ac- units, plus the driver, prior to any cordance with part 37, subpart C of this modification for accessibility. title, shall be designed for high-plat- (b) Each tractor unit which accom- form, level boarding and shall comply modates passengers and each trailer with § 38.111(a) of this part for each unit shall comply with § 38.25 and § 38.29 type of car which is similar to inter- of this part. In addition, each such unit city rail, §§ 38.111(d), 38.113 (a) through shall comply with § 38.23 (b) or (c) and (c) and (e), 38.115 (a) and (b), 38.117 (a) shall provide at least one space for and (b), 38.121 through 38.123, 38.125(d), wheelchair or mobility aid users com- and 38.127 (if applicable) of this part. plying with § 38.23(d) of this part unless The design of cars shall be coordinated the complete operating unit consisting with the boarding platform design such of tractor and one or more trailers can that the horizontal gap between a car already accommodate at least two door at rest and the platform shall be wheelchair or mobility aid users.

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FIGURES TO PART 38

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[56 FR 45756, Sept. 6, 1991, as amended at 63 FR 51700, 51703, Sept. 28, 1998]

APPENDIX TO PART 38—GUIDANCE I. Slip Resistant Surface—Aisles, Steps, Floor MATERIAL Areas Where People Walk, Floor Areas in Se- curement Locations, Lift Platforms, Ramps This appendix contains materials of an ad- Slip resistance is based on the frictional visory nature and provides additional infor- force necessary to keep a shoe heel or crutch mation that should help the reader to under- tip from slipping on a walking surface under stand the minimum requirements of the conditions likely to be found on the surface. standards or to design vehicles for greater While the dynamic coefficient of friction accessibility. Each entry is applicable to all during walking varies in a complex and non- subparts of this part except where noted. uniform way, the static coefficient of fric- Nothing in this appendix shall in any way tion, which can be measured in several ways, obviate any obligation to comply with the provides a close approximation of the slip re- requirements of the standards themselves. sistance of a surface. Contrary to popular be- lief, some slippage is necessary to walking,

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especially for persons with restricted gaits; a IV. Priority Seating Signs and Other Signage truly ‘‘non-slip’’ surface could not be nego- A. Finish and Contrast. The characters and tiated. background of signs should be eggshell, The Occupational Safety and Health Ad- matte, or other non-glare finish. An eggshell ministration recommends that walking sur- faces have a static coefficient of friction of finish (11 to 19 degree gloss on 60 degree 0.5. A research project sponsored by the Ar- glossimeter) is recommended. Characters chitectural and Transportation Barriers and symbols shall contrast with their back- Compliance Board (Access Board) conducted ground—either light characters on a dark tests with persons with disabilities and con- background or dark characters on a light cluded that a higher coefficient of friction background. Research indicates that signs was needed by such persons. A static coeffi- are more legible for persons with low vision cient of friction of 0.6 is recommended for when characters contrast with their back- steps, floors, and lift platforms and 0.8 for ground by at least 70 percent. Contrast in ramps. percent shall be determined by: It is recognized that the coefficient of fric- Contrast=[B¥B)/B]×100 tion varies considerably due to the presence Where B=light reflectance value (LRV) of of contaminants, water, floor finishes, and the lighter area other factors not under the control of transit and B=light reflectance value (LRV) of the providers and may be difficult to measure. darker area. Nevertheless, many common materials suit- Note that in any application both white and able for flooring are now labeled with infor- black are never absolute; thus, B never mation on the static coefficient of friction. equals 100 and B is always greater than 0. While it may not be possible to compare one The greatest readability is usually product directly with another, or to guar- achieved through the use of light-colored antee a constant measure, transit operators characters or symbols on a dark background. or vehicle designers and manufacturers are B. Destination and Route Signs. (The fol- encouraged to specify materials with appro- lowing specifications, which are required for priate values. As more products include in- buses (§ 38.39), are recommended for other formation on slip resistance, improved uni- formity in measurement and specification is types of vehicles, particularly light rail vehi- likely. The Access Board’s advisory guide- cles, were appropriate.) lines on Slip Resistant Surfaces provides ad- 1. Where destination or route information ditional information on this subject. is displayed on the exterior of a vehicle, each vehicle shall have illuminated signs on the II. Color Contrast—Step Edges, Lift Platform front and boarding side of the vehicle. Edges 2. Characters on signs required by para- graph IV.B.1 of this appendix shall have a The material used to provide contrast width-to-height ratio between 3:5 and 1:1 and should contrast by at least 70%. Contrast in a stroke width-to-height ratio between 1:5 percent is determined by: and 1:10, with a minimum character height Contrast=[B¥B)/B]×100 (using an upper case ‘‘X’’) of 1 inch for signs Where B=light reflectance value (LRV) of on the boarding side and a minimum char- the lighter area acter height of 2 inches for front and B=light reflectance value (LRV) of the ‘‘headsigns,’’ with ‘‘wide’’ spacing (generally, darker area. the space between letters shall be 1⁄16 the Note that in any application both white and height of upper case letters), and shall con- black are never absolute; thus, B never trast with the background, either dark-on- equals 100 and B is always greater than 0. light or light-on-dark, or as recommended above. III. Handrails and Stanchions C. Designation of Accessible Vehicles. The In addition to the requirements for hand- International Symbol of Accessibility should rails and stanchions for rapid, light, and be displayed as shown in Figure 6. commuter rail vehicles, consideration should V. Public Information Systems be given to the proximity of handrails or stanchions to the area in which wheelchair This section has been reserved and there or mobility aid users may position them- currently is no requirement that vehicles be selves. When identifying the clear floor space equipped with an information system which where a wheelchair or mobility aid user can is capable of providing the same or equiva- be accommodated, it is suggested that at lent information to persons with hearing least one such area be adjacent or in close loss. While the Department assesses avail- proximity to a handrail or stanchion. Of able and soon-to-be available technology course, such a handrail or stanchion cannot during a study to be conducted during Fiscal encroach upon the required 32 inch width re- Year 1992, entities are encouraged to employ quired for the doorway or the route leading whatever services, signage or alternative to the clear floor space which must be at systems or devices that provide equivalent least 30 by 48 inches in size. access and are available. Two possible types

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of devices are visual display systems and lis- microphones, then radio frequency systems tening systems. However, it should be noted would be suitable for people with and with- that while visual display systems accommo- out hearing aids. Some listening systems date persons who are deaf or are hearing im- may be subject to interference from other paired, assistive listening systems aid only equipment and feedback from hearing aids of those with a partial loss of hearing. people who are using the systems. Such in- A. Visual Display Systems. Announcements terference can be controlled by careful engi- may be provided in a visual format by the neering design that anticipates feedback use of electronic message boards or video sources in the surrounding area. monitors. The Architectural and Transportation Bar- Electronic message boards using a light riers Compliance Board (Access Board) has emitting diode (LED) or ‘‘flip-dot’’ display published a pamphlet on Assistive Listening are currently provided in some transit sta- Systems which lists demonstration centers tions and terminals and may be usable in ve- across the country where technical assist- hicles. These devices may be used to provide ance can be obtained in selecting and install- real time or pre-programmed messages; how- ing appropriate systems. The State of New ever, real time message displays require the York has also adopted a detailed technical availability of an employee for keyboard specification which may be useful. entry of the information to be announced. Video monitor systems, such as visual pag- VI. Over-the-Road Buses ing systems provided in some airports (e.g., A. Door Width. Achieving a 30 inch wide Baltimore-Washington International Air- front door on an over-the-road bus is consid- port), are another alternative. The Architec- ered not feasible if doing so would neces- tural and Transportation Barriers Compli- sitate reduction of the bus approach angle, ance Board (Access Board) can provide tech- relocating the front axle rearward, or in- nical assistance and information on these creasing the bus overall length. systems (‘‘Airport TDD Access: Two Case B. Restrooms. The following is provided to Studies,’’ (1990)). assist manufacturers and designers to create B. Assistive Listening Systems. Assistive lis- restrooms which can be used by people with tening systems (ALS) are intended to aug- disabilities. These specifications are derived ment standard public address and audio sys- from requirements for rail vehicles and rep- tems by providing signals which can be re- resent compromises between space needed ceived directly by persons with special re- for use and constraints imposed by vehicle ceivers or their own hearing aids and which dimensions. As a result, some persons with eliminate or filter background noise. Mag- disabilities cannot use a restroom which netic induction loops, infra-red and radio fre- meets these specifications and operators who quency systems are types of listening sys- do provide such restrooms should provide tems which are appropriate for various appli- passengers with disabilities sufficient ad- cations. vance information about design so that those An assistive listening system appropriate passengers can assess their ability to use for transit vehicles, where a group of persons them. Designers should provide additional or where the specific individuals are not space beyond these minimum specifications known in advance, may be different from the whenever possible. system appropriate for a particular indi- (1) If an accessible restroom is provided, it vidual provided as an auxiliary aid or as part should be designed so as to allow a person of a reasonable accommodation. The appro- using a wheelchair or mobility aid to enter priate device for an individual is the type and use such restroom as specified in para- that individual can use, whereas the appro- graphs (1)(a) through (e) of section VI.B of priate system for a station or vehicle will this appendix. necessarily be geared toward the ‘‘average’’ (a) The minimum clear floor area should be or aggregate needs of various individuals. 35 inches (890 mm) by 60 inches (1525 mm). Earphone jacks with variable volume con- Permanently installed fixtures may overlap trols can benefit only people who have slight this area a maximum of 6 inches (150 mm), if hearing loss and do not help people who use the lowest portion of the fixture is a min- hearing aids. At the present time, magnetic imum of 9 inches (230 mm) above the floor, induction loops are the most feasible type of and may overlap a maximum of 19 inches (485 listening system for people who use hearing mm), if the lowest portion of the fixture is a aids equipped with ‘‘T-coils’’, but people minimum of 29 inches (740 mm) above the without hearing aids or those with hearing floor, provided such fixtures do not interfere aids not equipped with inductive pick-ups with access to the water closet. Fold-down or cannot use them without special receivers. retractable seats or shelves may overlap the Radio frequency systems can be extremely clear floor space at a lower height provided effective and inexpensive. People without they can be easily folded up or moved out of hearing aids can use them, but people with the way. hearing aids need a special receiver to use (b) The height of the water closet should be them as they are presently designed. If hear- 17 inches (430 mm) to 19 inches (485 mm) ing aids had a jack to allow a by-pass of measured to the top of the toilet seat. Seats

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should not be sprung to return to a lifted po- Subpart B—Nondiscrimination and Access sition. to Services (c) A grab bar at least 24 inches (610 mm) long should be mounted behind the water 39.21 What is the general nondiscrimination closet, and a horizontal grab bar at least 40 requirement of this part? inches (1015 mm) long should be mounted on 39.23 What are the requirements concerning at least one side wall, with one end not more contractors to owners and operators of than 12 inches (305 mm) from the back wall, passenger vessels? at a height between 33 inches (840 mm) and 36 39.25 May PVOs refuse to provide transpor- inches (915 mm) above the floor. tation or use of a vessel on the basis of disability? (d) Faucets and flush controls should be 39.27 Can a PVO take action to deny trans- operable with one hand and should not re- portation or restrict services to a pas- quire tight grasping, pinching, or twisting of senger with a disability based on safety the wrist. The force required to activate con- concerns? trols should be no greater than 5 lbs (22.2 N). 39.29 May PVOs limit the number of pas- Controls for flush valves should be mounted sengers with a disability on a passenger no more than 44 inches (1120 mm) above the vessel? floor. 39.31 May PVOs limit access to transpor- (e) Doorways on the end of the enclosure, tation or use of a vessel on the basis that opposite the water closet, should have a min- a passenger has a communicable disease? imum clear opening width of 32 inches (815 39.33 May PVOs require a passenger with a mm). Door latches and hardware should be disability to provide a medical certifi- operable with one hand and should not re- cate? quire tight grasping, pinching, or twisting of 39.35 May PVOs require a passenger with a the wrist. disability to provide advance notice that (2) Accessible restrooms should be in close he or she is traveling on or using a pas- proximity to at least one seating location for senger vessel when no special services persons using mobility aids and should be are sought? connected to such a space by an unob- 39.37 May PVOs require a passenger with a structed path having a minimum width of 32 disability to provide advance notice in inches (815 mm). order to obtain particular auxiliary aids and services or to arrange group travel? C. Visibility Through a Window. Care should 39.39 How do PVOs ensure that passengers be taken so that the lift does not obscure the with disabilities are able to use acces- vision of the person occupying the secure- sible cabins? ment position. 39.41 May a passenger with a disability be [56 FR 45756, Sept. 6, 1991, as amended at 63 required to travel with another person? FR 51702, 51703, Sept. 28, 1998] 39.43 May PVOs impose special charges on passengers with a disability for providing services required by this rule? PART 39—TRANSPORTATION FOR 39.45 May PVOs impose other restrictions INDIVIDUALS WITH DISABILITIES: on passengers with a disability that they PASSENGER VESSELS do not impose on other passengers? 39.47 May PVOs require passengers with a disability to sign waivers or releases? Subpart A—General

Sec. Subpart C—Information for Passengers 39.1 What is the purpose of this part? 39.51 What is the general requirement for 39.3 What do the terms in this rule mean? PVOs’ provision of auxiliary aids and 39.5 To whom do the provisions of this part services to passengers? apply? 39.53 What information must PVOs provide 39.7 What other authorities concerning non- to passengers with a disability? discrimination on the basis of disability 39.55 Must information and reservation apply to owners and operators of pas- services of PVOs be accessible to individ- senger vessels? uals with hearing or vision impairments? 39.9 What may the owner or operator of a 39.57 Must PVOs make copies of this rule foreign-flag vessel do if it believes a pro- available to passengers? vision of a foreign nation’s law prohibits compliance with a provision of this part? Subpart D—Accessibility of Landside 39.11 [Reserved] Facilities 39.13 When must PVOs comply with the pro- 39.61 What requirements must PVOs meet visions of this part? concerning the accessibility of terminals and other landside facilities?

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