SANTA BARBARA, Calif. -- Motorcoach operators who purchase new, accessible buses would be wise to get it in writing that the vehicle complies with Americans with Disabilities Act standards.

Thats advice from David Knight, an attorney in the U.S. Department of Justice Civil Rights Division who specializes in disability rights.

"The requirement that the vehicle be accessible falls on you, the operator, not the manufacturer," said Knight. "So, you ought to build into your purchase agreement that if for some reason its not accessible, theres some sort of recourse."

What operators need to know about buying accessible buses was just one of many ADA-related topics Knight addressed at the annual California Bus Association Convention and Trade Show here last month.

He also offered operators guidelines on how to run their buses so they can avoid fines like the $55,000 penalties his department recently meted out to Tornado Bus Company and megabus.com for ADA violations.

The Justice Department enforces motorcoach industry ADA requirements.

A few highlights

Who is covered under the Americans with Disabilities Act?

The law, which was passed in 1990 and began to apply to the motorcoach industry in 1998, not only protects passengers with mobility impairments, but also those with hearing, vision and cognitive impairments, and covers passengers without regard to citizenship.

"Someone visiting from another country who uses a wheelchair has the right to use your system," said Knight.

What are the accessible bus requirements?

"Its all in the federal regulations. . . . Its not just having a lift," he said, but a myriad of other features, such as the height, location, "cross-sectional diameter" and "knuckle clearances" of handrails.

He suggested operators work with each other and with their trade organizations to pool resources and make sure the buses they buy meet ADA standards.

The Federal Transit Authority is currently compiling a guide with an easy-to-use checklist that may help private operators ensure the buses they purchase are compliant, he added. It is due out early next year.

Equivalent service

What is equivalent service?

"Its schedules, fares, hours of service. If I call SuperShuttle and they say, Well be there in 20 minutes, and I say, I use a wheelchair, and they say, Itll be 40 minutes, thats not equivalent.

What about lift maintenance?

"All those lifts, you have to have a system of regular and frequent maintenance checks. If youre not sure what that is, a lot of city systems do it daily.

"Something the city systems have learned to do is when they are in the preventive maintenance stage of cycling the lift, they cycle the lift with a 600-pound wheelbarrow on it to make sure it will operate with a wheelchair passenger on it as opposed to just with an empty load. Some will have the driver stand on it. You want to make sure it will operate out in the field."

What happens if a lift or other accessibility equipment breaks down?

"If its discovered to be inoperable ....you should take it out of service before the next trip to be repaired. If you dont have a spare, you can keep it in service for up to five days. And then you have to take it out regardless.

"Even if it means you have to cancel a trip. You need to have maintenance staff ready to fix things onsite, not just running a vehicle inaccessibly."

What about passengers in the event of a breakdown?

"You also need to take reasonable steps to accommodate the person with a disability who otherwise would use a feature when it breaks. Send a back up vehicle if you can, whatever works in that case. You can have temporary or isolated interruptions in your service, we understand that, but there needs to be some system. Youd want to show people, if you were asked, heres how we make sure that this has as little impact as possible on our operations."

Defining wheelchairs

The law says "common wheelchairs" must be transported. What are "common wheelchairs?"

"Common wheelchairs are defined in the regulations. Six-hundred pounds is one of the big thresholds, with the passenger in it. You have to be sure your vehicle lift can operate to that point."

Who else can use the lift?

"You also have to allow standees to use your lift on request. This makes vehicle operators uncomfortable in a motorcoach because the lift goes so high off the ground. Theyre not comfortable placing someone with a walker on lift that goes five, six, seven feet up. You do need to do that.

"How is that person going to make it up the stairs if he (or she) relies on a walker and cant climb stairs? So make sure your operators know that it includes non-wheelchair persons with disabilities."

What if passengers using wheelchairs wont tell you their weight and you think they exceed the weight limit?

"All I can say is if they are 900 pounds . . . and you wont transport them and they file a complaint with my office, my office would investigate, and it turns out they are 900 pounds, then you didnt violate the ADA because you werent required to transport them."

What if a wheelchair cannot be secured?

"You may not refuse to transport passengers because their chairs cannot be satisfactorily restrained. Ill say it again: You cannot refuse to transport someone because you cant secure them. You tried and failed, you still have to go. Its an imposition on you and the manufacturers to make sure the securement systems are as flexible as possible."

Service animals

What qualifies as a service animal?

"There is no certification for service animals. It is simply what someone states to be a service animal. You shouldnt ask what their disability is but you can ask if their animal has been trained to perform a task. A seeing-eye dog assists someone with vision assistance. Maybe a dog assists someone with balance."

What about comfort animals? "A comfort animal, often called an emotional support animal, is an animal that just makes you happier to have. I carry this bunny because it just makes me feel better.

"Those animals are sometimes permitted in the airline context. Its a different law. . . . But if an animal is not trained to do anything, just exist, it is not an animal you are required to transport."

Staff training

What about staff training under the ADA?

"You have to train your staff to proficiency. Not just your operators, but your dispatchers, people who are working in reservations. ... And youre supposed to provide refresher training to maintain proficiency."

Knight said that operators can obtain copies of a pamphlet spelling out drivers responsibilities in regards to the ADA and passengers from Easter Seals Project Actions website at www.projectaction.org.

What are the rules about reservations?

"Youre never required to transport someone with a disability if it displaces someone else. So, if your bus is already full, you dont need to bump someone.

"If your wheelchair securement space takes up six ambulatory seats and you only have three seats left, you are not required. No additional service is required. You just have treat them equally and give everyone equal access to your service.

"You should provide equivalent reservation services.

"So, if I can go on your website and book a trip and it takes me five minutes, but if I need an accessible vehicle and have to call between the hours of 9 to 5, and Im on hold for 20 minutes, thats probably not equivalent."