Persons with disabilities entitled to full and equal enjoyment of facilities of public transportation; unlawful denial of services and facilities.
1. A person with a disability is entitled to the full and equal enjoyment of the facilities of any common motor carrier of passengers, contract motor carrier of passengers or other entity providing a means of public conveyance and transportation operating within this State.
2. A common motor carrier of passengers, a contract motor carrier of passengers and other entities providing means of public conveyance and transportation shall designate a person responsible for ensuring that the carrier complies with the applicable provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 to 12213, inclusive, and 47 U.S.C. §§ 225 and 611, and the regulations adopted pursuant to that Act.
3. The person designated pursuant to subsection 2 shall conduct training sessions for the employees of the carrier or entity. Each employee must be provided at least 3 hours of training during one or more training sessions. During the training sessions, the designee shall:
(a) Describe the carrier’s plan for compliance with the Americans with Disabilities Act of 1990 and the regulations adopted pursuant to that Act;
(b) Explain the obligations of the employees to assist a person with a disability to store a mobility device;
(c) Explain the illegality of charging an additional fee or a higher fare to a person with a disability; and
(d) Ensure that each employee is trained in accordance with the requirements of 49 C.F.R. § 37.173.
4. It is unlawful for any person to deny any of the privileges granted by subsection 1.
5. It is unlawful for any common motor carrier, contract motor carrier or other entity providing a means of public conveyance or transportation operating within this State, to:
(a) Deny the equal enjoyment of its services and facilities to a person with a disability by the arbitrary, capricious or unreasonable interference, direct or indirect, with the use of aids and appliances used by a person with a disability;
(b) Fail to designate a person pursuant to subsection 2; or
(c) Fail to conduct the training sessions in the manner described in subsection 3.
6. As used in this section, “disability” has the meaning ascribed to it in 49 C.F.R. § 37.3.
Last modified: February 26, 2006