MRSC Inquiries
Transportation
Transportation - Americans with Disabilities Act
- Must a city's van be accessible to disabled people?
A city is purchasing a van to pick up senior citizens to take them to activities at the city senior citizen center. This van will not operate on a fixed route but will operate on call.
Section 224 of the ADA requires public transit agencies that operate demand-responsive systems to ensure that newly purchased or leased vehicles solicited after August 25, 1990 are accessible to disabled people. DOT regulations define demand-responsive as any system of transporting individuals by vehicle at the request of the user. Since the city in this case does fall within the definition of a public transit agency, it is covered by this requirement.
DOT may waive the accessibility requirement if, when viewed in its entirety, the system provides equivalent service to disabled and non-disabled passengers. However, in this case, the city has no vehicles which are accessible to disabled people and therefore it does not provide equivalent service.
Transportation - Railroads
- May a city regulate train speeds?
May a city regulate train speeds?
No, this is preempted by federal law, under both the Interstate
Commerce Commission Termination Act of 1995 and the Federal Rail
Safety Act of 1970 (FRSA). City
of Seattle v. Burlington N.R.R., 145 Wn.2d 661 (2002).
Federal regulations enacted pursuant to FRSA prescribe operating
speed limits for each class of railroad track. However, federal law
provides that a state may adopt a more stringent standard with
respect to railroad safety and security when the standard: 1) is
necessary to eliminate or reduce an essentially local safety or
security hazard; 2) is not incompatible with federal law; and 3) does
not unreasonably burden interstate commerce.
The authority of a city, other than a first class city, to
regulate train speeds is also preempted by state law, which grants to
the Utilities and Transportation Commission the exclusive right to
regulate train speeds in such cities. RCW 81.48.030. The 2006
legislature amended RCW 81.48.030 to clarify that the commission has
authority to regulate railway train speeds within the limits of
cities only to the extent that its authority is not preempted by
federal law. See Chapter
70, Laws of 2006 (ESSB 6679). It also established a process under
which a railroad must provide 60 days written notice to the
commission and the applicable local government before increasing
operating speeds. After 60 days, the railroad operator may increase
operating speed as proposed, unless the commission has determined
that a lower limit is necessary to address local conditions
consistent with federal law.
Transportation - State Highways
- What authority does a city have to regulate a portion of a state highway that runs through the city?
Cities and towns are authorized by state statute to regulate and enforce all traffic and parking restrictions on highways within city limits. However, any regulations that are not identical to state law must be approved by the state Department of Transportation before becoming effective. See RCW 47.24.020(1).
Transportation - Traffic Calming
- What techniques are used to reduce speeding in residential areas?
In addition to police enforcement, the follow-ing types of speed control are being used: (1) "Chicanes," which are low (curb height) projections built into the streets, with fencing for height, on alternate sides of the streets; (2) "Traffic circles" at selected intersections appear to be very effective in slowing and diverting through traffic; (3) "Diverters," which are walls totally blocking the entrance to some streets (usually opposed by residents and emergency response agencies); and (4) "Speed bumps" and "speed humps" of which the "speed hump" appears to be the most favorably received by both residents and emergency response agencies.
It should be noted that any of the above traffic controls may create liability for a city depending upon the facts involved should an accident occur and whether or not the control was constructed in a manner so as to constitute an actual hazard.