Better Roads

October 2014

Better Roads Digital Magazine

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Better Roads October 2014 13 7H[W,1)2WRRUYLVLWZZZEHWWHUURDGVFRPLQIR another unfunded mandate, and they were ignoring the law and not creating the transition plan that should have been there. If the agencies had been doing their transition plan- ning, this agreement might not have been necessary." Note: A guide to the requirements of Title II of the Ameri- cans with Disabilities Act relating to curb ramps at pedestrian crossings may be found online in the DOJ's ADA Toolkit: visit Not a federal funding issue Also, the mandate being a civil rights issue means that it has nothing to do with whether an agency receives federal funds, said Robert Mooney, pre-construction team leader, FHWA, at the combined annual meetings of the Asphalt Recycling & Reclaiming Association, Asphalt Emulsion Manufacturers Association, and International Slurry Surfac- ing Association in February. "It applies to all entities: all agencies, all states, towns, counties, even if they are not recipients of federal funds," he said. "If [your project] is not in compliance with the law, even though it's not feder- ally funded, if there is a complaint from a citizen you will be held responsible." Originally, the DOJ proposed that any preservation work other than a pothole repair was to be considered an altera- tion, requiring that accessibility be provided, he said. "To them, the only maintenance item was a pothole," Mooney said. "That was our starting point." But in 2013 DOJ and DOT continued the dialogue, based on information from states and towns, contractors, and complaints about how unevenly the guidance was being enforced, Mooney said. The appearance was that preserva- tion equipment was being utilized, but no curb ramps were being installed. "It was the Department of Justice's point of view that if the public perception was that major work was going on a roadway, that we [would] need to address acces- sibility for all the public," he said. Mooney was asked what the ramifications would be for an agency that did not upgrade curbs. "[While] it depends on the exact scenario, a complainant – a citizen putting in

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