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Re: Honolulu The Bus' Nova Bus LFS (40 ft) fleet hits with ADA violation; FAIL research

Posted by BusMgr on Sun May 15 00:35:43 2011, in response to Honolulu The Bus' Nova Bus LFS (40 ft) fleet hits with ADA violation; FAIL research, posted by Gold_12th on Sat May 14 17:39:29 2011.

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While the news report does not state what the effective width is between the "problematic" seats, it does suggest one possible issue for which this might not be a problem. It seems as though the issue was raised for a motorized wheelchair, which "tend to be larger than the standard wheelchair." But ADA only requires that standard wheelchairs be accommodated for a service to be considered accessible. According to the FTA regulations at 49 C.F.R. Part 38, Subpart B, and Access Board guidelines, a space needs to be 30 inches wide in order to accommodate a standard wheelchair. Wheelchairs that require a greater width are not standard, and there is no obligation to accommodate their users under the regulations.

Speculating, I wonder if Nova Bus used the 30-inch guideline, and then the transit system got upset when a non-standard wheelchair (i.e., a motorized wheelchair) could not navigate. If this speculation is correct, and the Nova Bus contract is just to meet ADA specifications, then it should be the transit system and/or the disabled person who is out of luck, not the manufacturer.

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