DOT 49 CFR PART 39-2010 TRANSPORTATION FOR INDIVIDUALS WITH DISABILITIES PASSENGER VESSELS.pdf

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1、527 Office of the Secretary of Transportation Pt. 39 should not be sprung to return to a lifted po-sition. (c) A grab bar at least 24 inches (610 mm) long should be mounted behind the water closet, and a horizontal grab bar at least 40 inches (1015 mm) long should be mounted on at least one side wal

2、l, with one end not more than 12 inches (305 mm) from the back wall, at a height between 33 inches (840 mm) and 36 inches (915 mm) above the floor. (d) Faucets and flush controls should be operable with one hand and should not re-quire tight grasping, pinching, or twisting of the wrist. The force re

3、quired to activate con-trols should be no greater than 5 lbs (22.2 N). Controls for flush valves should be mounted no more than 44 inches (1120 mm) above the floor. (e) Doorways on the end of the enclosure, opposite the water closet, should have a min-imum clear opening width of 32 inches (815 mm).

4、Door latches and hardware should be operable with one hand and should not re-quire tight grasping, pinching, or twisting of the wrist. (2) Accessible restrooms should be in close proximity to at least one seating location for persons using mobility aids and should be connected to such a space by an

5、unob-structed path having a minimum width of 32 inches (815 mm). C. Visibility Through a Window. Care should be taken so that the lift does not obscure the vision of the person occupying the secure-ment position. 56 FR 45756, Sept. 6, 1991, as amended at 63 FR 51702, 51703, Sept. 28, 1998 PART 39TRA

6、NSPORTATION FOR INDIVIDUALS WITH DISABILITIES: PASSENGER VESSELS Subpart AGeneral Sec. 39.1 What is the purpose of this part? 39.3 What do the terms in this rule mean? 39.5 To whom do the provisions of this part apply? 39.7 What other authorities concerning non-discrimination on the basis of disabil

7、ity apply to owners and operators of pas-senger vessels? 39.9 What may the owner or operator of a foreign-flag vessel do if it believes a pro-vision of a foreign nations law prohibits compliance with a provision of this part? 39.11 Reserved 39.13 When must PVOs comply with the pro-visions of this pa

8、rt? Subpart BNondiscrimination and Access to Services 39.21 What is the general nondiscrimination requirement of this part? 39.23 What are the requirements concerning contractors to owners and operators of passenger vessels? 39.25 May PVOs refuse to provide transpor-tation or use of a vessel on the

9、basis of disability? 39.27 Can a PVO take action to deny trans-portation or restrict services to a pas-senger with a disability based on safety concerns? 39.29 May PVOs limit the number of pas-sengers with a disability on a passenger vessel? 39.31 May PVOs limit access to transpor-tation or use of a

10、 vessel on the basis that a passenger has a communicable disease? 39.33 May PVOs require a passenger with a disability to provide a medical certifi-cate? 39.35 May PVOs require a passenger with a disability to provide advance notice that he or she is traveling on or using a pas-senger vessel when no

11、 special services are sought? 39.37 May PVOs require a passenger with a disability to provide advance notice in order to obtain particular auxiliary aids and services or to arrange group travel? 39.39 How do PVOs ensure that passengers with disabilities are able to use acces-sible cabins? 39.41 May

12、a passenger with a disability be required to travel with another person? 39.43 May PVOs impose special charges on passengers with a disability for providing services required by this rule? 39.45 May PVOs impose other restrictions on passengers with a disability that they do not impose on other passe

13、ngers? 39.47 May PVOs require passengers with a disability to sign waivers or releases? Subpart CInformation for Passengers 39.51 What is the general requirement for PVOs provision of auxiliary aids and services to passengers? 39.53 What information must PVOs provide to passengers with a disability?

14、 39.55 Must information and reservation services of PVOs be accessible to individ-uals with hearing or vision impairments? 39.57 Must PVOs make copies of this rule available to passengers? Subpart DAccessibility of Landside Facilities 39.61 What requirements must PVOs meet concerning the accessibili

15、ty of terminals and other landside facilities? VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00537 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-528 49 CFR Sub

16、title A (10110 Edition) 39.1 39.63 What modifications and auxiliary aids and services are required at terminals and other landside facilities for individ-uals with hearing or vision impairments? Subpart EAccessibility of Vessels Reserved Subpart FAssistance and Services to Passengers with Disabiliti

17、es 39.81 What assistance must PVOs provide to passengers with a disability in getting to and from a passenger vessel? 39.83 What are PVOs obligations for assist-ing passengers with a disability in get-ting on and off a passenger vessel? 39.85 What services must PVOs provide to passengers with a disa

18、bility on board a passenger vessel? 39.87 What services are PVOs not required to provide to passengers with a disability on board a passenger vessel? 39.89 What requirements apply to on-board safety briefings, information, and drills? 39.91 Must PVOs permit passengers with a disability to travel wit

19、h service animals? 39.93 What wheelchairs and other assistive devices may passengers with a disability bring onto a passenger vessel? 39.95 May PVOs limit their liability for the loss of or damage to wheelchairs and other assistive devices? Subpart GComplaints and Enforcement Procedures 39.101 What

20、are the requirements for pro-viding Complaints Resolution Officials? 39.103 What actions do CROs take on com-plaints? 39.105 How must PVOs respond to written complaints? 39.107 Where may persons obtain assistance with matters covered by this regulation? 39.109 What enforcement actions may be taken u

21、nder this Part? AUTHORITY: 42 U.S.C. 12101 through 12213; 49 U.S.C. 322; 29 U.S.C. 794. SOURCE: 75 FR 38893, July 6, 2010, unless otherwise noted. EFFECTIVE DATE NOTE: At 75 FR 38893, July 6, 2010, Part 39 was added, effective Nov. 3, 2010. Subpart AGeneral 39.1 What is the purpose of this part? The

22、 purpose of this Part is to carry out the Americans with Disabilities Act and Section 504 of the Rehabilita-tion Act of 1973 with respect to pas-senger vessels. This rule prohibits own-ers and operators of passenger vessels, including U.S. and foreign-flag vessels, from discriminating against passen

23、gers on the basis of disability; requires ves-sels and related facilities to be acces-sible; and requires owners and opera-tors of vessels to take steps to accom-modate passengers with disabilities. 39.3 What do the terms in this rule mean? In this regulation, the terms listed in this section have t

24、he following mean-ings: Accessible means, with respect to vessels and facilities, complying with the applicable requirements of this Part. The Act or ADA means the Americans with Disabilities Act of 1990 (Pub. L. 101336, 104 Stat. 327, 42 U.S.C. 1210112213 and 47 U.S.C. 225 and 611), as it may be am

25、ended from time to time. Assistive device means any piece of equipment that assists a passenger with a disability to cope with the ef-fects of his or her disability. Such de-vices are intended to assist a passenger with a disability to hear, see, commu-nicate, maneuver, or perform other functions of

26、 daily life, and may include medical devices. Auxiliary aids and services in-cludes: (1) Qualified interpreters on-site or through video remote interpreting (VRI) services; notetakers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset am

27、plifiers; as-sistive listening devices; assistive lis-tening systems; telephones compatible with hearing aids; closed caption de-coders; open and closed captioning, in-cluding real-time captioning; voice, text, and video-based telecommuni-cations products and systems, includ-ing text telephones (TTY

28、s), videophones, and captioned telephones, or equally effective telecommuni-cations devices; videotext displays; ac-cessible electronic and information technology; or other effective methods of making aurally delivered informa-tion available to individuals who are deaf or hard of hearing; (2) Qualif

29、ied readers, taped texts, audio recordings, brailed materials and displays, screen reader software, mag-nification software, optical readers, VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00538 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNo

30、t for ResaleNo reproduction or networking permitted without license from IHS-,-,-529 Office of the Secretary of Transportation 39.3 secondary auditory programs (SAP), large print materials, accessible elec-tronic and information technology, or other effective methods of making vis-ually delivered ma

31、terials available to individuals who are blind or have low vision; (3) Acquisition or modification of equipment or devices; or (4) Other similar services or actions. Coast Guard means the United States Coast Guard, an agency of the Department of Homeland Security. Commerce means travel, trade, trans

32、portation, or communication among the several States, between any foreign country or any territory and possession and any State, or between points in the same State but through another State or foreign country. Department or DOT means the United States Department of Transpor-tation, including any of

33、 its agencies. Designated public transportation means transportation provided by a public entity by passenger vessel that provides the general public with gen-eral or special service, including char-ter service, on a regular and continuing basis. Direct threat means a significant risk to the health

34、or safety of others that cannot be eliminated by a modi-fication of policies, practices, or proce-dures, or by the provision of auxiliary aids or services. Disability means, with respect to an individual, a physical or mental im-pairment that substantially limits one or more of the major life activi

35、ties of such individual; a record of such an im-pairment; or being regarded as having such an impairment. (1) The phrase physical or mental im-pairment means (i) Any physiological disorder or con-dition, cosmetic disfigurement, or ana-tomical loss affecting one or more of the following body systems:

36、 Neuro-logical, musculoskeletal, special sense organs, respiratory including speech organs, cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine; (ii) Any mental or psychological dis-order, such as mental retardation, or-ganic brain syndrome, emotional or

37、 mental illness, and specific learning disabilities; (iii) The term physical or mental im-pairment includes, but is not limited to, such contagious or noncontagious diseases and conditions as orthopedic, visual, speech, and hearing impair-ments; cerebral palsy, epilepsy, mus-cular dystrophy, multipl

38、e sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease, tu-berculosis, drug addiction and alco-holism; (iv) The phrase physical or mental impairment does not include homosex-uality or bisexuality. (2) The phrase major life act

39、ivities means functions such as caring for ones self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and work. (3) The phrase has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substa

40、ntially limits one or more major life activities. (4) The phrase is regarded as having such an impairment means (i) Has a physical or mental impair-ment that does not substantially limit major life activities, but which is treated by a public or private entity as constituting such a limitation; (ii)

41、 Has a physical or mental impair-ment that substantially limits a major life activity only as a result of the atti-tudes of others toward such an impair-ment; or (iii) Has none of the impairments de-fined in paragraph (1) of this definition but is treated by a public or private en-tity as having suc

42、h an impairment. (5) The term disability does not in-clude (i) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (ii) Compulsive gambling, klep-tomania, or pyromania; or (iii) Psy

43、choactive substance abuse disorders resulting from the current il-legal use of drugs. Facility means all or any portion of buildings, structures, sites, com-plexes, equipment, roads, walks, pas-sageways, parking lots, or other real or personal property, including the site VerDate Mar2010 10:00 Dec 2

44、2, 2010 Jkt 220212 PO 00000 Frm 00539 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-530 49 CFR Subtitle A (10110 Edition) 39.3 where the building, property, struc-ture, or

45、equipment is located. Individual with a disability means a person who has a disability, but does not include an individual who is cur-rently engaging in the illegal use of drugs, when a public or private entity acts on the basis of such use. Operates includes, with respect to passenger vessel servic

46、e, the provision of transportation by a public or private entity itself or by a person under a contractual or other arrangement or relationship with the entity. Passenger for hire means a pas-senger for whom consideration is con-tributed as a condition of carriage on the vessel, whether directly or

47、indi-rectly flowing to the owner, charterer, operator, agent, or any other person having an interest in the vessel. Passenger vessel means any ship, boat, or other craft used as a convey-ance on water, regardless of its means of propulsion, which accepts pas-sengers, whether or not for hire. The ter

48、m does not include boats or other craft rented or leased to and operated solely by consumers or fixed floating structures permanently moored or at-tached to a landside facility. Passenger vessel owner or operator (PVO) means any public or private en-tity that owns or operates a passenger vessel. Whe

49、n the party that owns a pas-senger vessel is a different party from the party that operates the vessel, both are responsible for complying with the requirements of this Part. To be a PVO for purposes of this Part, a private en-tity must be a private entity primarily engaged in the business of transporting people, as determined by the Depart-ment of Transportation in consultation with the Depart