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USDOT and USDOJ Fines Tornado Bus Company $55,000 for Violating Americans with Disabilities Act Accessibility Requirements

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USDOT and USDOJ Fines Tornado Bus Company $55,000 for Violating Americans with Disabilities Act Accessibility Requirements

Federal Motor Carrier Safety Administration
September 27, 2010

FMCSA 14-10
Monday, September 27, 2010
Contact: Candice Tolliver
Tel: 202-366-9999 or 202-306-4580

WASHINGTON - The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) and the Civil Rights Division of the U.S. Department of Justice (DOJ) today announced $55,000 in fines against Tornado Bus Company, Inc. of Dallas, Texas.

Tornado was fined for violating passenger carrier accessibility requirements under the Americans with Disabilities Act (ADA). In addition to the fine, the consent agreement issued by FMCSA and DOJ requires the bus company to upgrade its fleet to meet ADA requirements by February 2011 or have its operating authority revoked.

"Every person deserves the right to travel freely and have equitable access to transportation services," said Transportation Secretary Ray LaHood. "This enforcement case sends a strong message that we will not allow commercial bus companies to shun their responsibility to operate fairly and safely."

An extensive investigation conducted by FMCSA uncovered that Tornado had only one accessible bus in a fleet of 53 buses, while ADA regulations require that at least 50 percent of a carrier's vehicles must be accessible. The investigation also found the company had purchased new non-accessible buses, failed to train employees on interacting with disabled passengers and failed to establish a wheelchair lift maintenance program. The fine and citations came as a result of FMCSA's ADA strike force held in May of this year.

"Adhering to ADA accessibility requirements is not a choice, but a high standard that every commercial bus operator must follow," said FMCSA Administrator Anne S. Ferro. "FMCSA will continue to work closely with the Department of Justice to vigorously enforce ADA compliance so that all travelers can enjoy destinations across America by way of commercial bus."

"At the foundation of our society is the freedom of travel and the ability to live independently and move freely," said Thomas E. Perez, Assistant Attorney General of the Justice Department's Civil Rights Division. "This freedom is no less important to people with disabilities. We are grateful FMCSA takes accessibility requirements seriously and has reached this agreement."

In February 2009, FMCSA and the Civil Rights Division of the U.S. Department of Justice entered into a Memorandum of Understanding concerning the enforcement of commercial passenger buses. The memorandum between the two agencies was included in the Over-the-Road Bus Transportation Accessibility Act of 2007 and is designed to ensure consistent ADA enforcement nationwide.

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