Why are truck stops not required to adhere to rules set forth under the Americans with Disabilities Act (ADA)?
by PD McCloud
In 1990, Congress passed the Americans with Disabilities Act (ADA). This was a monumental law that prohibited the discrimination against those that had a disability, in employment, public services, public accommodations, and telecommunications.
In addition to an employer no longer being able to use someones handicap, or limited capacity in relation to employment practices and policies, things that most of us took for granted, like curbs from a street to a sidewalk, now had to be made barrier-free so accessibility was easier for those with a handicap.
It's wrongly assumed by the general public that there are no physically challenged truck drivers. In the years I've been driving trucks I've met drivers from all walks of life, with the same advantages and disadvantages as anyone else. Many of the drivers out here now are veterans with challenges brought to them due to injuries in a combat zone. It may be that they have a mechanical limb, or some other form of disability. There are also drivers who've spent the majority of their lives working in the transportation industry who may have a more difficult time moving about due to age or an on the job injury. These drivers deserve the same respect as any other driver.
Generally speaking, truck stops, like most other businesses have done a fair job in improving access to the business for those with limited abilities. Most have ramps for wheelchairs, some have easy push-button doors, and most actually have the appropriate parking facilities in front of the store for public access.
Though truck stops have made advances in complying with the Americans with Disabilities Act for the general public, there is a part of the public they seem to have forgotten—the truck driver who may happen to have a disability. I have been to many truck stops that have some of the truck driver amenities, such as showers, drivers lounge, etc. in an area that is on an upstairs or downstairs floor with no "handicap access" to it. I've been to others that have literally no access to the building from the fuel lanes without having to climb a set of concrete stairs. This presents an unfair challenge to some drivers.
Thus, in my opinion, truck stops fail to comply with the Americans with Disabilities Act (ADA).
With that said, let's fast-forward to the year 2010.
The U.S. Department of Justice (DOJ) issued new regulations under the ADA in 2010. The new rules affect state and local governments (Title II of the ADA), as well as public accommodations and commercial facilities (Title III). The regulations include the new 2010 ADA Standards for Accessible Design, outlining minimum accessibility requirements for buildings and facilities.
Plainly put, these new regulations deal more specifically with handicap parking spaces and accessability. This is where truck stops fall short in almost every aspect. To be fair, truck stops have put into place an acceptable handicap parking policy for those customers who arrive in passenger vehicles. But that's where the compliance with the Americans with Disabilities Act ends in relation to handicap parking.
Truck stops across America range in size. Some have parking for as few as 5 trucks, others can accomodate as many as 250 or more trucks. However none, that I've found, have the number of designated handicap parking spaces required by the ADA. As an example, the truck stop I'm at right now (where I'm writing this from) has listed in its mobile app that there are 150 parking spaces for trucks. But, it has literally zero designated handicap parking spaces for those any of those 150 trucks. On the other hand, there are 15 "Prime Parking" spots available to loyalty customers for a fee. Is there something wrong with this picture?
All over America, truck stops fail to comply with ADA requirements with regards to handicap parking. I've been to thousands of trucks stops and can count on one hand the number of truck stops in this country that actually has the required number of parking spaces designated in compliance with the ADA.
How many accessible parking spaces are needed?
The minimum number of accessible parking spaces required depends on the total number of parking spaces in the lot, as seen in the table below. Furthermore, one of every six accessible parking spaces, or fraction of six, must be “van-accessible.” For example: A parking lot with 400 total spaces needs eight accessible spaces, and two of those eight spaces must be van-accessible.
Exceptions
Parking facilities that are used exclusively for buses, trucks, delivery vehicles, law enforcement vehicles, and vehicular impound are not required to include accessible spaces. However, if such lots are accessed by the public (e.g., impounded vehicle retrieval), an accessible passenger loading zone must be provided.
When questioned, some truck stop managers have told me that the above listed exception applies to them. This couldn't be farther from the truth. Why? Because every truck parking area can be publicly accessed by anyone, both cars and trucks. Others have stated that they have the required spaces in the passenger vehicle area in front of the building, and in a matter of speaking they do, if it weren't for the fact that there are two distinctly seperate parking areas. One can be accessed by both cars and trucks, the other, in front of the store (where the handicap parking spaces are available) can only be accessed by cars, not trucks.
The question remains, why are truck stops not required to adhere to rules set forth under the Americans with Disabilities Act (ADA)? The only answer to this question might be that there are not enough truck drivers voicing their concern to the truck stop management teams. As a general rule, truck drivers rarely push an agenda to completion. The sentiment among truck drivers might be the same, but the drive and determination to cause a change is lacking.
Without a doubt, change needs to be affected to require truck stops to adhere to the ADA rules and regulations allowing fair access to thier business by truck drivers who are working with a disability.
For more information, please visit https://www.ada.gov/
Read the full article
by PD McCloud
In 1990, Congress passed the Americans with Disabilities Act (ADA). This was a monumental law that prohibited the discrimination against those that had a disability, in employment, public services, public accommodations, and telecommunications.
In addition to an employer no longer being able to use someones handicap, or limited capacity in relation to employment practices and policies, things that most of us took for granted, like curbs from a street to a sidewalk, now had to be made barrier-free so accessibility was easier for those with a handicap.
It's wrongly assumed by the general public that there are no physically challenged truck drivers. In the years I've been driving trucks I've met drivers from all walks of life, with the same advantages and disadvantages as anyone else. Many of the drivers out here now are veterans with challenges brought to them due to injuries in a combat zone. It may be that they have a mechanical limb, or some other form of disability. There are also drivers who've spent the majority of their lives working in the transportation industry who may have a more difficult time moving about due to age or an on the job injury. These drivers deserve the same respect as any other driver.
Generally speaking, truck stops, like most other businesses have done a fair job in improving access to the business for those with limited abilities. Most have ramps for wheelchairs, some have easy push-button doors, and most actually have the appropriate parking facilities in front of the store for public access.
Though truck stops have made advances in complying with the Americans with Disabilities Act for the general public, there is a part of the public they seem to have forgotten—the truck driver who may happen to have a disability. I have been to many truck stops that have some of the truck driver amenities, such as showers, drivers lounge, etc. in an area that is on an upstairs or downstairs floor with no "handicap access" to it. I've been to others that have literally no access to the building from the fuel lanes without having to climb a set of concrete stairs. This presents an unfair challenge to some drivers.
Thus, in my opinion, truck stops fail to comply with the Americans with Disabilities Act (ADA).
With that said, let's fast-forward to the year 2010.
The U.S. Department of Justice (DOJ) issued new regulations under the ADA in 2010. The new rules affect state and local governments (Title II of the ADA), as well as public accommodations and commercial facilities (Title III). The regulations include the new 2010 ADA Standards for Accessible Design, outlining minimum accessibility requirements for buildings and facilities.
Plainly put, these new regulations deal more specifically with handicap parking spaces and accessability. This is where truck stops fall short in almost every aspect. To be fair, truck stops have put into place an acceptable handicap parking policy for those customers who arrive in passenger vehicles. But that's where the compliance with the Americans with Disabilities Act ends in relation to handicap parking.
Truck stops across America range in size. Some have parking for as few as 5 trucks, others can accomodate as many as 250 or more trucks. However none, that I've found, have the number of designated handicap parking spaces required by the ADA. As an example, the truck stop I'm at right now (where I'm writing this from) has listed in its mobile app that there are 150 parking spaces for trucks. But, it has literally zero designated handicap parking spaces for those any of those 150 trucks. On the other hand, there are 15 "Prime Parking" spots available to loyalty customers for a fee. Is there something wrong with this picture?
All over America, truck stops fail to comply with ADA requirements with regards to handicap parking. I've been to thousands of trucks stops and can count on one hand the number of truck stops in this country that actually has the required number of parking spaces designated in compliance with the ADA.
How many accessible parking spaces are needed?
The minimum number of accessible parking spaces required depends on the total number of parking spaces in the lot, as seen in the table below. Furthermore, one of every six accessible parking spaces, or fraction of six, must be “van-accessible.” For example: A parking lot with 400 total spaces needs eight accessible spaces, and two of those eight spaces must be van-accessible.
Total Number of Parking Spaces in Parking Facility (Lot or Garage)
Minimum Total Number of Accessible Parking Spaces Required
Minimum Number of Van Accessible Parking Spaces
1 - 25
1
1
26 - 50
2
1
51 - 75
3
1
76 - 100
4
1
101 - 150
5
1
151 - 200
6
1
Exceptions
Parking facilities that are used exclusively for buses, trucks, delivery vehicles, law enforcement vehicles, and vehicular impound are not required to include accessible spaces. However, if such lots are accessed by the public (e.g., impounded vehicle retrieval), an accessible passenger loading zone must be provided.
When questioned, some truck stop managers have told me that the above listed exception applies to them. This couldn't be farther from the truth. Why? Because every truck parking area can be publicly accessed by anyone, both cars and trucks. Others have stated that they have the required spaces in the passenger vehicle area in front of the building, and in a matter of speaking they do, if it weren't for the fact that there are two distinctly seperate parking areas. One can be accessed by both cars and trucks, the other, in front of the store (where the handicap parking spaces are available) can only be accessed by cars, not trucks.
The question remains, why are truck stops not required to adhere to rules set forth under the Americans with Disabilities Act (ADA)? The only answer to this question might be that there are not enough truck drivers voicing their concern to the truck stop management teams. As a general rule, truck drivers rarely push an agenda to completion. The sentiment among truck drivers might be the same, but the drive and determination to cause a change is lacking.
Without a doubt, change needs to be affected to require truck stops to adhere to the ADA rules and regulations allowing fair access to thier business by truck drivers who are working with a disability.
For more information, please visit https://www.ada.gov/
Read the full article
