ADA rules as they apply to
SkyTran.
Here
are a few excerpts from the Americans with Disabilities Act. Those who want to
know more can use a search engine to find the whole ADA. This section came from
the University of California at Santa Cruz library website.
Basically, this section of the ADA rules states that since SkyTran is
"demand responsive system" rather than a
typical mass transit group carrying system that
operates on a fixed route and a fixed schedule that it has a
different and more reasonable set of operating rules to follow.
SkyTran
will take people anywhere they want to go in a city - just like a Taxicab, but
faster, safer and cheaper. It also will take you when you want to go - no more
bothering with schedules. As such, we are not legally compelled to have every
SkyTran vehicle capable of boarding and carrying people in wheel chairs. The
law says we must provide an equivalent level of
service. Our ideas, which we are reviewing with handicapped groups
and handicapped individuals, will actually provide far more convenient
door-to-door service for these people. It is all about tradeoffs between system
capital costs and annual operating costs.
Douglas
J. Malewicki
President/Chief Scientist
SkyTran Incorporated
Note: All SkyTran relevant
sections were changed to bold blue type
_________________________________________________________
S.933
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day
of January, one thousand nine hundred and ninety
An Act
To establish a clear and comprehensive prohibition of discrimination on
the basis of disability.
==============================
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the "Americans with Disabilities
Act of 1990".
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions
SEC. 221. DEFINITIONS.
As used in this part:
(1) Demand responsive system.--The term
"demand responsive system" means any system of providing designated
public transportation which is not a fixed route
system.
(2) Designated public transportation.--The term "designated public
transportation" means transportation (other than public school transportation)
by bus, rail, or any other conveyance (other than transportation by aircraft or
intercity or commuter rail transportation (as defined in section 241)) that
provides the general public with general or special service (including charter
service) on a regular and continuing basis.
(3) Fixed route system.--The
term "fixed route system" means a system of providing designated public
transportation on which a vehicle is operated along a prescribed route according
to a fixed schedule.
(4) Operates.--The term "operates", as used with respect to a fixed
route system or demand responsive system, includes operation of such system by a
person under a contractual or other arrangement or relationship with a public
entity.
SEC. 224. PUBLIC ENTITY OPERATING A DEMAND
RESPONSIVE SYSTEM.
If a public entity operates a demand responsive system, it shall be
considered discrimination, for purposes of section 202 of this Act and section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), for such entity to
purchase or lease a new vehicle for use on such system, for which a solicitation
is made after the 30th day following the effective date of this section, that is
not readily accessible to and usable by individuals with disabilities, including
individuals who use wheelchairs, unless
such system, when viewed in its entirety,
provides a level of service to such individuals equivalent to the level of
service such system provides to individuals without disabilities.
(C) Demand responsive system.--For purposes of subsection (a), discrimination
includes--
(i) a failure of a private entity which operates a demand
responsive system and which is not subject to section 304 to
operate such system so that, when viewed in its entirety, such
system ensures a level of service to individuals with
disabilities, including individuals who use wheelchairs,
equivalent to the level
of service provided to individuals
without disabilities; and
(ii) the purchase or lease by such entity for use on such
system of a vehicle with a seating capacity in excess of 16
passengers (including the driver), for which solicitations are
made after the 30th day following the effective date of this
subparagraph, that is not readily accessible to and usable by
individuals with disabilities (including individuals who use
wheelchairs) unless such entity can demonstrate that such system,
when viewed in its entirety,
provides a level of service to
individuals with disabilities equivalent to that provided to
individuals without disabilities.
SEC. 304. PROHIBITION OF DISCRIMINATION IN SPECIFIED PUBLIC TRANSPORTATION
SERVICES PROVIDED BY PRIVATE ENTITIES.
(a) General Rule.--No individual shall be discriminated against on the basis
of disability in the full and equal enjoyment of specified public transportation
services provided by a private entity that is primarily engaged in the business
of transporting people and whose operations affect commerce.
(b) Construction.--For purposes of subsection (a), discrimination
includes--
(1) the imposition or application by a entity described in subsection
(a) of eligibility criteria that screen out or tend to screen out an individual
with a disability or any class of individuals with disabilities from fully
enjoying the specified public transportation services provided by the entity,
unless such criteria can be shown to be necessary for the provision of the
services being offered;
(2) the failure of such entity to--
(A) make reasonable modifications consistent with those required
under section 302(b)(2)(A)(ii);
(B) provide auxiliary aids and services consistent with the
requirements of section 302(b)(2)(A)(iii); and
(C) remove barriers consistent with the requirements of section
302(b)(2)(A) and with the requirements of section 303(a)(2);
(3) the purchase or lease by such entity of a new vehicle (other than an
automobile, a van with a seating capacity of less than 8 passengers, including
the driver, or an over-the-road bus) which is to be used to provide specified
public transportation and for which a solicitation is made after the 30th day
following the effective date of this section, that is not readily accessible to
and usable by individuals with disabilities, including individuals who use
wheelchairs; except that the new vehicle need not
be readily accessible to and usable by such individuals if the new
vehicle is to be used solely in a
demand responsive system and if the
entity can demonstrate that such system, when viewed in its entirety, provides a
level of service to such individuals equivalent
to the level of service provided to the general public; |