5-12-94

MAY 13 1994

DJ 202-PL-764

Mr. Kenneth Conaway

Adaptive Mobility, Inc.
1233 Country Club Road
Indianapolis, Indiana 46234

Dear Mr. Conaway:

This is in response to your letter about vehicle

accessibility requirements under the Americans with Disabilities
Act (ADA) for a private nursing home and/or retirement center.
I apologize for the delay in responding.

The ADA authorizes the Department to provide technical

assistance to entities that are subject to the Act. This letter
provides informal guidance to assist you in understanding how the
ADA may apply to private entities. This technical assistance,
however, does not constitute a determination by the Department of
Justice of any entity's rights or responsibilities under the ADA
and does not constitute a binding determination by the Department
of Justice.

The Department of Justice regulation implementing title III

provides that a public accommodation that provides transportation
services, but that is not primarily engaged in the business of
providing transportation, must comply with all the applicable
nondiscrimination requirements of the Department's regulation,
including the obligation to remove transportation barriers to the
extent that it is readily achievable to do so. 28 C.F.R.
36.310. However, a public accommodation is not required to
retrofit an existing vehicle with a lift.

In addition, a public accommodation is required to comply

with the applicable provisions of the Department of
Transportation's regulation implementing titles II and III of the
ADA. Under the ADA, and the DOT implementing regulation, key
elements in determining an entity's obligation is whether the
public accommodation provides transportation through a fixed-
route or demand responsive system, and whether the entity is
purchasing new vehicles or operating a system with existing
vehicles.

cc: Records, Chrono, Wodatch, Blizard, Alfaro, FOIA, Friedlander

n:\udd\alfaro\conway.ltr

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If the private nursing home and/or retirement center

acquires a new vehicle with a capacity of 16 or less for the
residents on a fixed route, then the vehicle must be readily
accessible to and usable by individuals with disabilities,
including those who use wheelchairs unless the vehicle is part of
the system that already meets the "equivalent service" standard.

When the private entity purchases or leases a new vehicle

that is to be used in a demand responsive system, the new vehicle
need not be accessible if the transit provider can show that the
system, when viewed in its entirety, provides a level of service
to individuals with disabilities equivalent to the level of
service provided to the general public.

The standard of the system when viewed in its entirety

providing an equivalent level of service is met when a private
entity has, or has access to, a vehicle (including a vehicle
operated in conjunction with a portable boarding assistance
device) that is readily accessible to and usable by individuals
with disabilities to meet the needs of such individuals on an "on
call" basis.

For further information, you may contact the Department of

Transportation at 1-800-366-1656. I am enclosing copies of the
Department of Justice regulation implementing title III of the
ADA and the Department's Title III Technical Assistance Manual.
I hope that this information is helpful to you and that this
letter fully responds to your inquiry.
 Sincerely,

Janet L. Blizard
Supervisory Attorney

Enclosures

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