Proposed US DOT Rule Would Adopt Pedestrian Accessibility Standards

The U.S. Department of Transportation has published a proposed rule to amend its rules implementing the transportation provisions under the Americans with Disabilities Act, according to an article in Smart Cities Dive. The rule would adopt pedestrian accessibility guidelines issued last year by the Architectural and Transportation Barriers Compliance Board into the department’s ADA regulations, making them a basis for enforcing standards. This is a big change because, according to Smart Cities Dive senior reporter Dan Zukowski, “Until now, state and local governments have been left to determine how to comply with the ADA’s mandate to make public pedestrian transportation facilities accessible to people with physical or mental impairments or a history of impairment.”

If adopted, the standards would apply to all new-construction or alterations to state and local government pedestrian facilities in the public right-of-way, including sidewalks, crosswalks, pedestrian traffic signals, transit stops, and on-street parking. The article calls out in particular the DOT’s concerns and requests for comment about the location of transit stops that overlap with vehicular lanes, including bicycle lanes, and put people with vision impairments or who use mobility aids like wheelchairs at risk of being struck. This is a frequent criticism by the disability community of “floating” bus stops that are separated from the curb by a bike lane. Public comment is open until September 23, 2024.