The ADA RULES
(Americans with Disabilities Act)

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;

Copyright©1999-2007, Douglas J. Malewicki, AeroVisions, Inc.
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