Gas Pump Access Act of 2016
This bill declares that it shall be a prohibited form of discrimination against individuals with disabilities in a place of public accommodation under the Americans with Disabilities Act of 1990 for a gas station or convenience store to fail to clearly display at each self-service gas pump a decal that includes its telephone number and the words "Call for Assistance."
A gas station or convenience store that is open for business to the public with at least two attendants on duty must provide gas pumping assistance to a qualified individual with a disability who makes a request for such assistance. But it shall not be considered discrimination for a gas station or convenience store with one attendant on duty to fail to provide such requested gas pumping assistance if such attendant notifies the individual that assistance cannot be provided because there is only one attendant on duty.
The Department of Transportation and the Department of Justice must promulgate regulations necessary to ensure compliance with this bill and make graphics for the decals publicly available on their websites.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4552 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 4552
To require all gas stations offering self-service to meet certain
accessibility standards for individuals with disabilities, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 12, 2016
Mr. Jolly (for himself and Mr. O'Rourke) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require all gas stations offering self-service to meet certain
accessibility standards for individuals with disabilities, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gas Pump Access Act of 2016''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The technical assistance materials for the Americans
with Disabilities Act of 1990 of the Department of Justice
requires gas stations, including those offering self-service,
to provide equal access for their customers with disabilities.
(2) Customers with disabilities are advised that they can
obtain refueling assistance by either honking or otherwise
signaling an employee.
(3) The Americans with Disabilities Act of 1990 requires
self-service gas stations to provide refueling assistance upon
the request of a qualified person with a disability if there is
more than one attendant on duty at the station. Such service is
provided without any charge beyond the self-service price.
(4) A qualified person with a disability is described as a
person to whom an accessible or disabled parking permit has
been issued or a person who is in legal possession of a
specialized motor vehicle license plate indicating that the
owner is a person with a disability.
(5) History has shown that these methods to attract
refueling assistance are not effective. Throughout the United
States, individuals with disabilities who need gas pumping
assistance at gas stations or convenience stores do not
generally receive such assistance when they honk their horns,
flash their headlights, or otherwise signal to attract the
attention of an attendant inside the facility. This is not
considered equal access under the Americans with Disabilities
Act of 1990.
(6) In 2014, the State of Florida enacted House Bill 7005,
which requires phone numbers to be placed on all gas pumps not
later than two years after July 1, 2014. This requirement
allows qualified individuals with disabilities to call on their
cell phones for free gas pumping assistance. However, should
such refueling assistance be requested during times when a
second attendant is not present at a self-service gasoline
station, the Florida gas station retailer is not required to
provide the requested assistance and will inform the caller.
History has proven this to be a simple, inexpensive, common
sense, effective solution that is favored by both customers
with disabilities and the petroleum and convenience store
industries.
(7) Today, unlike in 1990, almost everyone owns a cell
phone. Owning a cell phone is a safety measure for drivers with
disabilities in case their vehicle breaks down on the road.
SEC. 3. PURPOSE.
The purpose of this Act is to provide accessibility to gas stations
by ensuring that it will be considered discrimination under the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) for a
gas station to fail to display a phone number to call for assistance on
each self-service gas pump of the gas station.
SEC. 4. ACCESSIBILITY.
(a) Notification Requirement.--
(1) In general.--It shall be considered discrimination for
purposes of section 302 of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12182) for a gas station or convenience
store to fail to clearly display at each self-service gas pump
a decal that--
(A) is at least 15 square inches in size;
(B) has a blue background;
(C) includes the telephone number of the gas
station or convenience store at which such pump is
located and the words ``Call for Assistance'' in
printed white text; and
(D) includes the International Symbol of
Accessibility.
(2) Operational telephone.--With respect to the telephone
number indicated on the decal, it shall be considered
discrimination for purposes of section 302 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12182) if the phone
connected to such number is not operational and answered
directly by an employee of the gas station retailer during the
hours the gas station retailer is open for business to the
public.
(b) Assistance.--
(1) Two or more attendants.--It shall be considered
discrimination for purposes of section 302 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12182) for a gas
station or convenience store that is open for business to the
public with two or more attendants on duty to fail to provide
gas pumping assistance to a qualified individual with a
disability who makes a request for such assistance.
(2) One attendant.--It shall not be considered
discrimination for purposes of section 302 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12182) for a gas
station or convenience store that is open for business to the
public with one attendant on duty to fail to provide gas
pumping assistance to a qualified individual with a disability
who makes a request for such assistance, if such attendant
notifies the individual that assistance cannot be provided
because there is only one attendant on duty.
(c) Further Accessibility Standards.--Nothing in this section shall
prohibit a unit of local government from adopting an ordinance, or
enforcing an existing ordinance, that expands the accessibility,
safety, or availability of fueling assistance to a motor vehicle
operator with a qualified disability.
(d) Regulations.--Not later than two years after the date of the
enactment of this Act, the Secretary of Transportation and the Attorney
General shall each promulgate such regulations as are necessary to
ensure compliance with this section.
(e) Example of Decal Made Publicly Available.--Not later than six
months after the date of the enactment of this Act, the Secretary of
Transportation and the Attorney General shall make a graphic example of
a decal described in subsection (a) publicly available at no cost, in
downloadable format, on the websites of the Department of
Transportation and the Department of Justice, respectively. Such decal
shall have a blank area in which a telephone number may be inserted.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on the Constitution and Civil Justice.
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