New Century Travel, Inc. Consent Decree Fact Sheet
On July 14, 2008, the Department of Justice simultaneously filed a Complaint and a Consent Decree with New Century Travel, Inc., in the United States District Court for the District of Columbia under Title III of the Americans with Disabilities Act (ADA). New Century Travel, Inc., (New Century) is a small over-the-road bus (OTRB) operator that provides low-cost, fixed- route service to major cities along the east coast, including Washington, D.C., Philadelphia and New York City. These actions were taken to enforce Section 304 of the ADA, 42 U.S.C. § 12184, and the relevant regulations implementing the ADA, 28 C.F.R. Part 36 and 49 C.F.R. Part 37.
This fact sheet highlights some of the terms of the New Century Consent Decree and provides general guidance regarding the obligation of OTRB companies to comply with the requirements of the ADA by providing non-discriminatory transportation services to individuals with disabilities.
Highlights of the Agreement
Web Site Modifications
Annual Reporting Requirements
The ADA and Implementing Regulations Issued by the Department of Transportation
Under Section 304 of the ADA, 42 U.S.C. § 12184(b), and implementing regulations issued by the Department of Transportation (DOT), if a small OTRB company operates a fixed route system and purchases or leases a new OTRB for or in contemplation of use in that system, it must ensure that the vehicle is readily accessible to and usable by individuals with disabilities, or it must ensure that equivalent service is provided to individuals with disabilities, including individuals who use wheelchairs. 49 C.F.R. § 37.183. Under the equivalent service standard, an operator of a fixed-route system is deemed to provide equivalent service if the service available to individuals with disabilities is provided in the most integrated setting appropriate to the needs of the individual and is equivalent to the service provided to non-disabled individuals with respect to a number of service characteristics, including schedules, fares, geographic area of service, hours and days of service, and availability of information. 49 C.F.R. § 37.105.
Under DOT’s interim service requirements, until 100% of its OTRB fleet is accessible, a small operator of a fixed route system must ensure that any individual with a disability who requests accessible service on an OTRB receives that service. A small operator may require up to 48 hours advance notice from a person who requests an accessible OTRB. 49 C.F.R. § 37. 193(a)(1)(i). A small operator is not required to provide interim service in an accessible OTRB if it provides equivalent service under the terms of 49 C.F.R. § 37.183(b)(2).
October 09, 2008