The article entitled "Revised ADA regulations clarify, confuse operators" in the Jan. 15 issue contained some factual errors which we would like to correct.

The U.S. Department of Transportation has not made any changes to its Americans with Disabilities Act regulations for motorcoach operators, neither with regard to service animals nor other provisions mentioned in the article.

It is true that the U.S. Department of Justice issued revised title II and title III ADA regulations on Sept. 10, 2010. These included amended provisions for service animals and also introduced a distinction between "wheelchairs" and "other powered mobility devices."

As of March 15, 2011, only dogs and, in some instances, miniature horses are now recognized as service animals under titles II (state and local government) and III (public accommodations and commercial facilities).

These changes, however, to the DOJ's regulations do not affect the USDOT ADA regulations covering public and privately-operated transportation.

Applying the new DOJ provisions could put motorcoach operators out of compliance with USDOT ADA regulations. To alleviate the confusion, the Federal Transit Administration has posted an ADA Technical Assistance statement on the topic at its website (www.fta.dot.gov).

At present, then, motorcoach operators should continue to accept service animals of all types. 49 CFR Part 37 defines a service animal as "any guide dog, signal dog or other animal individually trained to work or perform tasks for an individual with a disability."

If you are not sure if the animal is a service animal, you may ask if it is a pet or a service animal. You may also ask what type of tasks the service animal is trained to perform. Do not ask about the individuals disability.

Certification or identification for the animal is not required. The service animal does, however, have to be properly behaved and under the owner's control at all times.

Emotional support animals are not by definition service animals since they are not trained to perform a task but rather are innately comforting to their owners. While you are not required under the ADA to accept emotional support or comfort animals, a company can set its own policy in this regard or make an exception in the best interest of a customer, for example, a child with autism who needs his pet lizard to remain calm on a class trip.

You are, however, required to accept psychiatric service animals as these are trained to perform specific tasks for their owners, such as reminding them to take medication or interrupting repetitive behaviors.

USDOT regulations concerning when and where lifts must be deployed have also not changed. Passengers who require a lift must be allowed the same opportunity to embark and disembark as other passengers, including at intermediate and rest stops.

Part 37.167 states that a public or private entity "shall not refuse to permit a passenger who uses a lift to disembark from a vehicle at any designated stop, unless the lift cannot be deployed, the lift will be damaged if it is deployed, or temporary conditions at the stop, not under the control of the entity, preclude the safe use of the stop by all passengers."

In practical terms, this may mean moving the bus a short distance from the usual disembarkation point to safely deploy the lift.

Another issue raised in the article concerns a passengers choosing, as is his right, to remain in his wheelchair or scooter.

If the individual has been advised that it would be safer to transfer to a seat but declines to do so, the article suggests that the carrier ask him to sign a statement to that effect. This is not something which the USDOT is likely to look on favorably as it is tantamount to a waiver of liability.

Instead, the driver should call dispatch and explain the situation so that it is documented should a problem arise later. Note that a passenger riding in a mobility device may also decline use of a seatbelt unless all passengers have seatbelts and are required by company policy to wear them.

Laurel Van Horn
Director of programs
Open Doors Organization