USAB Issues Final Rule on PROWAG
Individual in Wheelchair
Recently the U.S. Access Board (USAB) issued its final rule on Public Right-of-Way Accessibility Guidelines (PROWAG).
According to the USAB, pedestrians with disabilities throughout the United States continue to face major challenges in travel because many sidewalks, crosswalks, and other pedestrian facilities are inaccessible. On August 8, 2023, the USAB addressed this inequity by issuing a final rule on accessibility guidelines for pedestrian facilities in the public right-of-way. These guidelines inform federal, state, and local government agencies on how to make their pedestrian facilities, such as sidewalks, crosswalks, shared use paths, and on-street parking, accessible to people with disabilities.
The USAB published these new guidelines under the Americans with Disabilities Act (ADA) and the Architectural Barriers Act (ABA) to address access to sidewalks and streets, crosswalks, curb ramps, pedestrian signals, on-street parking, and other components of public rights-of-way. These guidelines also review shared use paths, which are designed primarily for use by bicyclists and pedestrians for transportation and recreation purposes.
For additional information please see:
Preamble - Public Right-of-Way
Chapter R1: Application and Administration
Chapter R2: Scoping Requirements
Chapter R3: Technical Requirements
Chapter R4: Supplemental Technical Requirements
These guidelines do not address existing pedestrian facilities unless the pedestrian facilities are altered at the discretion of a covered entity. The Department of Justice (DOJ) has authority over existing facilities that are subject to the requirement for program access under title II of the ADA. Any determination that this document applies to existing facilities subject to the program access requirement is solely within the discretion of the DOJ and is effective only to the extent required by regulations issued by the DOJ.
All temporary and permanent newly constructed pedestrian facilities and altered portions of existing pedestrian facilities for pedestrian circulation and use located in the public right-of-way shall comply with these guidelines. An exception for this requirement is for pedestrian facilities within vaults, tunnels, and other spaces used only by service personnel for maintenance, repair, or monitoring of equipment are not required to comply with these guidelines.
In alterations, where existing physical constraints make compliance with applicable requirements technically infeasible, compliance with these PROWAG requirements is required to the maximum extent feasible. Existing physical constraints include, but are not limited to, underlying terrain, underground structures, adjacent developed facilities, drainage, or the presence of a significant natural or historic feature.
In PROWAG there are some important definitions including the following:
pedestrian access route is defined as an accessible, continuous, and unobstructed path of travel for use by pedestrians with disabilities within a pedestrian circulation path.
pedestrian circulation path is defined as a prepared exterior or interior surface provided for pedestrian use in the public right-of-way.
public right-of-way is defined as public land acquired for or dedicated to transportation purposes, or other land where there is a legally established right for use by the public for transportation purposes.