DOT proposes new passenger vessel access regulations

DOT proposes extending ADA to all passenger vessels (01/23/2007)

 

Following up on a Supreme Court ruling in 2005, the Transportation Dept. has

formally proposed to issue a new package of regulations to extend the

Americans with Disabilities Act to passenger vessels, including

foreign-flagged cruise ships.

 

The proposals deal with the "policies and conditions relating to

transportation of passengers with disabilities" rather than with matters

involving vessel operations and physical or architectural barriers. Those

matters are being dealt with separately by the U.S. Access Board, a federal

agency devoted to accessible design issues.

 

For now, the DOT's proposal is confined to matters such as making sure that

reservations information is accessible to the blind and deaf and insuring

that vessel operators accept assistive devices (i.e., wheelchairs, walkers)

and service animals without question.

 

The rules would prohibit vessel operators from requiring disabled guests to

give advance notice, from limiting the number of disabled guests (there

would be exceptions for group bookings), from requiring the use of services

or assistance that the guest does not request. Terminal and transfer

facilities (i.e., shuttle bus transfer operations) are also covered.

 

The rules would cover all vessels, including cruise ships; ferries and

government-operated ferries such as the Alaska Marine Highway; river boats;

local dinner and sightseeing boats; fishing boats; and floating barges used

as dockside attractions and casinos. Foreign-flagged cruise ships are

specifically covered when the ship picks up passengers at ports in the U.S.,

its possessions, territories or commonwealths.

 

The applicability of the ADA to foreign-flagged ships was a bone of

contention in the industry for several years until the Supreme Court ruled

in 2005 that elements of the law can be applied to foreign-flag ships

serving U.S. ports without running afoul of international maritime treaties.

 

The DOT regulations would contain an escape clause under which an operator

of a foreign flag vessel could seek a waiver of any provision that conflicts

with a "binding legal requirement of a foreign nation."

 

In a Notice of Proposed Rulemaking issued in today's Federal Register, the

DOT asked for industry and public comment on the plan by April 23. Details

are online at http://dms.dot.gov. Refer to Docket 26829.

Please consider reviewing these and sending in your comments. Every comment is reviewed...any is important.

Gah...I submitted twice and twice got site error grrrr. I hope it made it through though somehow cause i give up lol. I hope it goes through but do think they may have a tough time. While cruiselines have added a lot of features...so much still needs to be done. All doorways should be widened. Therefore, if person just needs scooter or wheelchair but can walk a bit like me, doesn't have to have a handicap room. I don't need the roll in shower etc. I hope though it helps but the smaller vessels are really going to fight this...and I can understand it too.