FRA ADA Mandate for high level platforms for Commuter Rail will cost $$$$$$

Trains Magazine Transit
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This is in reference to your complaint concerning the level boarding platform planned for Roanoke, Virginia.

Complainant’s Allegations

You allege that the Federal Railroad Administration’s (FRA) enforcement of the Americans with Disabilities Act (ADA) concerning high-level platforms at the proposed station at Roanoke is causing delays of up to 5 years with the station. You allege that this causes undue hardship to people with disabilities because there is no other practical way for individuals with a disability to travel via common carrier.

Law, Regulation and Policy

Title II of the ADA prohibits public entities, including Amtrak, from discriminating against disabled individuals. 42 U.S.C. §§ 12131, 12132. The Rehabilitation Act of 1973 prohibits exclusion of a disabled individual, solely because of his disability, from any program or activity receiving federal funds. 29 U.S.C. § 794. The DOT enforces Title II of the ADA, Section 504 of the Rehabilitation Act, and other civil rights statutes as they pertain to transportation, and DOT investigates complaints against recipients of DOT financial assistance. The Department’s recipients include Amtrak.

The regulation at 49 C.F.R. §37.42 provides a performance standard for service at platforms constructed or altered after February 1, 2012. The regulation states in relevant part:

(a) In addition to meeting the requirements of sections 37.9 and 37.41, an operator of a commuter, intercity, or high-speed rail system must ensure, at st

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So, what that tells me is that Congress needs to redo the law so it doesn’t mandate access to all cars, instead of just a few, which is what it should have been in the first place. Once again, a lack of common sense, but what do you expect from politicians.