100% accessibility

For 14 years, a high-visibility segment of the U.S. motorcoach industry has had Oct. 29, 2012, circled on its long-range planning calendar.

That date, which is now fast approaching, is when large, fixed-route operators must have 100 percent of their buses wheelchair-lift accessible.

That means that after Oct. 29, any person with a disability should be able to buy a ticket on any Greyhound bus, at any time, and be assured of being able to access that coach when it pulls into a station or up to a curb.

And the same goes for more than 30 other large operators.

Though no one appears to know for certain, industry sources are cautiously optimistic that all but a handful of the operators required to be complaint with the Americans with Disabilities Act rule will, in fact, have all of their coaches accessible on Oct. 29.

"I think theyre definitely on track to meet the deadline. ... By and large, I would say they are going to be all ready," said Peter Pantuso, president of the American Bus Association, whose board includes executives from Adirondack Trailways, Jefferson Lines, Peter Pan Bus Lines, Coach USA, Academy Bus and other big legacy carriers.

Greyhound Lines, the nations largest intercity carrier, "believes it will be in compliance with accessibility standards," a company spokesperson told Bus & Motorcoach News.

In the mid-1990s, the industry negotiated the Oct. 29, 2012, ADA deadline with the federal government and it became fixed in law in September 1998.

When the law initially went into effect in October 2000, the rules were fairly simple for large carriers that offered fixed-route service.

A person with a disability who used a wheelchair would have to notify the carrier in advance of a trip and the bus company was required to provide a lift-equipped bus for use.

Rules get tougher

After that, the rules got tougher, and two significant deadlines were on the horizon: By Oct. 31, 2006, the large carriers were required to have 50 percent of their fleets equipped with wheelchair lifts, and by Oct. 29, 2012, they had to have 100 percent of their buses wheelchair accessible.

The rules did allow, however, for companies to file requests for a time extension.

Currently, an estimated 34 over-the-road bus companies, providing fixed-route service, meet the $9.3 million annual revenue threshold to qualify as "large" companies and are thus subject to the 100-percent accessibility requirement.

As of late September, the U.S. Department of Transportation had received four requests for extensions on behalf of six companies.

Tough penalties

Failure to comply with the Oct. 29 ADA deadline can have drastic consequences. The Federal Motor Carrier Safety Administration can revoke a companys operating authority for willful noncompliance with the ADA requirement.

"The failure of a large (over-the-road bus) company to comply with the 100 percent fixed-route fleet accessibility requirement by the Oct. 29, 2012, deadline without a granted time extension is potentially such a violation," according to an FMCSA spokesperson.

"Such failure, without a granted time extension, would also be subject to fines and penalties administered by the U.S. Department of Justice."

There is industry speculation the deadline has posed the biggest threat to fast-growing curbside carriers, which may have experienced revenue spikes in recent years that vault them above the annual $9.3 million threshold.

"There are some companies that grew into this. They grew up when the rule was around, and, bang, they looked up one day, and here they are," said Ken Presley, vice president and chief operating officer of the United Motorcoach Association.

"I think the lift manufacturers are operating around the clock right now," he said.

Attention getter

Presley urged all operators to pay attention to the red letter day.

"The 10/29 date affects the category of large scheduled-service carriers, but in everybodys mind its the fulfillment of the ADA rule. The ADA basically comes to fruition on that day," he said.

Specifically, small mixed-service operators should be aware that regularly scheduled casino trips are considered fixed-route service, he said. Thats important because the rules state that a small mixed-service operator falls under a special provision only if not more than 25 percent of its buses are used for fixed-route service.

Otherwise the company is required to meet stricter accessible bus acquisition and equivalent service obligations.

Small fixed-route companies that interline with large carriers should take note of the deadline passing, as well. Thats because large carriers can no longer require up to 48 hours advance notice to provide accessible service and must provide accessible service without notice, on the spot.

This change may cause a problem when large companies interline with small fixed-route companies that are not required to have fully accessible fleets.

U.S. Department of Transportation officials have met with representatives of the industry and disability rights organizations to work toward solving the interline problem and any other lingering issues.

So far, the parties have agreed that "communication is absolutely essential," Pantuso said.

"As soon as you know that the lift equipment is going to be used, you have to immediately let the next carrier know that he or she is going to have to use a lift-equipped bus or alternative transportation," he said.

USDOT officials also are aware that the ADA regulations probably need revising to address the problem.

"The department plans to initiate the necessary rulemaking. In the interim, the department will issue guidance and conduct outreach to the (over-the-road bus) industry and the disability community about the matter," according to the FMCSA spokesperson.

But beyond nuts-and-bolts issues, Oct. 29 looms large because the industry can get a black eye if all carriers arent responsive to requests for service from individuals with disabilities -- even though smaller carriers arent required to have fully-accessible fleets on that day.