U.S. Department of Transportation
Federal Highway Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
FHWA Resource Center
Americans with Disabilities Act (ADA)
The Federal Highway Administration (FHWA) has a legal/stewardship role in ensuring that persons with disabilities have opportunity to use the nation's transportation system in an accessible and safe manner. The FHWA's legal obligations include ensuring that Federal-aid is not used in a discriminatory manner and that people with disabilities have equitable opportunities for using the public rights-of-way. Laws and regulations require accessible planning, design, and construction for the integration of people with disabilities into mainstream society. These laws also require that the actions of government highway entities do not discriminate in their programs and activities against persons with disabilities.
Section 504 of the Rehabilitation Act of 1973 (Section 504) (Public Law 93-112) prohibits discrimination on the basis of disability in federally assisted programs. Section 504 requirements for U.S. Department of Transportation (USDOT) administrations are covered under Title 49, Part 27 of the Code of Federal Regulations (CFR), entitled Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Financial Assistance. The Americans with Disabilities Act of 1990 (ADA), (Public Law 101-336) is a broader civil rights statute that prohibits discrimination against people with disabilities in all areas of public life, found at Title 28 CFR Part 35.
The ADA addresses State and local government services, activities, and policy making under the U.S. Department of Justice's (USDOJ) ADA Title II implementing regulations. The ADA, under Title II, Subpart A, covers public rights-of-way. The USDOJ has rulemaking authority and enforcement responsibility for Title II, while DOT is legally obligated to implement compliance procedures relating to transportation, including those for highways, streets, and traffic management. The FHWA Office of Civil Rights oversees the DOT mandate in these areas.
Section 504 of the Rehabilitation Act of 1973 - 49 CFR, Part 27
The Americans with Disabilities Act of 1990 (ADA) - 28 CFR, Part 35
FHWA Stewardship/Oversight Responsibilities:
State Transportation Agency (STA) Responsibilities
(Title I and II):
Section 504 of the Rehabilitation Acts of 1973 â€“ Prohibits discrimination on the basis of disability in any program, service, activity, or benefit of a recipient/sub-recipient of Federal financial assistance. Many of the responsibilities under Section 504 are similar or identical to those under Title II ADA.
Section 504 responsibilities not detailed specifically in Title II ADA are listed below:
FHWA Publication No. FHWA-HCR-07-0020
For more information visit the FHWA Civil Rights website.
Phone: (202) 366-0693