Analysis Of The Proposed Standarts (Appendix A) - Summary Of The Major Substantive Changes Proposed For The Scoping And Technical Requirements Page 16
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63Commenters questioned why this advisory note would permit the placement of
individuals with disabilities in the path of moving vehicles. The Department believes that
the proposed standards appropriately recognize that not all parking facilities provide
separate pedestrian routes. Section 502.3 provides the flexibility necessary to permit
designers and others to determine the most appropriate location of the access route in
connection to the accessible entrances. If all pedestrians using the parking facility are
expected to share the vehicular lanes, then the ADA permits covered entities to use the
vehicular lanes as part of the accessible route. The advisory note, however, calls
attention to the fact that this practice, while permitted, is not ideal. Accessible parking
spaces must be located on the shortest accessible route of travel to the facility's entrance.
Accessible parking spaces and the required accessible route should be located where
individuals with disabilities do not have to cross vehicular lanes or pass behind parked
vehicles to have access to the entrance. If it is necessary to cross a vehicular lane because,
for example, local fire engine access requirements prohibit parking immediately adjacent
to a building, then a marked crossing should be used as part of the accessible route to the
entrance.
Van Accessible Parking Spaces. The 1991 standards at sections 4.1.2 (5)(b), 4.6.3; 4.6.4;
and 4.6.5 require one in every eight accessible parking spaces to be van accessible.
Proposed changes will require one in every six accessible parking spaces to be van
accessible.
A commenter asked whether automobiles other than vans may use van accessible parking
spaces. The ADA regulations do not prohibit automobiles other than vans from using van
accessible parking spaces. The Department does not distinguish between automobiles that
are actual “vans” versus other vehicles such as trucks, station wagons, SUVs, or other
automobiles because many vehicles other than vans may be used by individuals with
disabilities to transport mobility devices.
Commenters’ opinions were divided on this proposal. Facility operators and others asked
for a reduction in the number of required accessible parking spaces, especially the
number of van accessible parking spaces because they claimed these spaces often are not
used. Individuals with disabilities, however, requested an increase in the scoping
requirements for these parking spaces.
The Department is aware that a strong difference of opinion exists between those who use
such spaces and those who must provide or maintain them. Therefore, the Department is
not proposing to increase the total number of accessible spaces. The only change that is
being proposed is to increase the proportion of spaces that must be accessible to vans and
other vehicles equipped to transport mobility devices.
Direct Access Entrances from Parking Structures. Where levels in a parking garage have
direct connections for pedestrians to another facility, the 1991 Standards, 4.1.3(8)(b)(i),
require at least one of the direct connections to be accessible. The proposed changes at
section 206.4.2 require all of the direct connections to be accessible.
16
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