USDOT Sets Costly New Passenger Rail Station Platform Level-Entry Boarding Requirements

In a recent move that will have wide-ranging impact on the rail industry, the U.S. Department of Transportation (USDOT) set new level-entry boarding requirements for the access of passengers with disabilities to passenger railroads, applicable to new and altered station platforms where construction or alteration begins on or after March 2, 2012.  Through a final rule promulgated on September 19, 2011, USDOT amended its Americans with Disabilities Act regulations to require intercity and commuter passenger railroads to provide that disabled passengers can access any passenger cars accessible to non-disabled passengers (76 Fed. Reg. 57924)  This rule does not require railroads to retrofit existing station platforms.

In stations not shared with freight railroads, passenger railroads must provide level-entry boarding to all passenger cars.

In stations where freight railroads run on track adjacent to passenger platforms, passenger railroads may choose among non-level boarding alternatives – including car-borne lifts, station-based lifts or mini-high platforms – to meet a prescribed performance standard.  In order to use a non-level boarding alternative, a passenger railroad must submit a detailed plan to the Federal Railroad Administration (FRA) and the Federal Transit Administration (FTA) demonstrating that the selected alternative meets USDOT’s accessibility performance standard efficiently and safely, and in a manner that integrates disabled and non-disabled passengers.  The plan must provide details on deployment, maintenance and operation of the non-level boarding alternative, and FRA and FTA have discretion to modify or disapprove the plan.  If proposing an approach other than car-borne lifts, USDOT also requires railroads to submit a cost/benefit analysis of car-borne lifts versus that other technique.

Compliance with these new level-entry boarding requirements will involve significant cost to passenger railroads.  First, covered railroads must alter design plans for any station platform construction that will begin on or after March 2, 2012.  Passenger railroads that alter or construct station platforms accessing track shared with freight railroads will also incur expensive ongoing work-arounds to the level-entry boarding requirement.

Nossaman’s 30-plus infrastructure attorneys offer clients, colleagues, strategic partners and industry media a wealth of practical experience, insider insight and thoughtful analysis here on Infra Insight. We blog about what we know best, from industry-leading procurements to local and national policy developments that affect the market and our clients.

Stay Connected

RSS RSS Feed

Categories

Archives

View All Nossaman Blogs
Jump to Page

Nossaman LLP Cookie Preference Center

Your Privacy

When you visit our website, we use cookies on your browser to collect information. The information collected might relate to you, your preferences, or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. For more information about how we use Cookies, please see our Privacy Policy.

Strictly Necessary Cookies

Always Active

Necessary cookies enable core functionality such as security, network management, and accessibility. These cookies may only be disabled by changing your browser settings, but this may affect how the website functions.

Functional Cookies

Always Active

Some functions of the site require remembering user choices, for example your cookie preference, or keyword search highlighting. These do not store any personal information.

Form Submissions

Always Active

When submitting your data, for example on a contact form or event registration, a cookie might be used to monitor the state of your submission across pages.

Performance Cookies

Performance cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.

Powered by Firmseek