ATMs and the ADA: What You Need to Know in 2011

Transcription

1 ATMs and the ADA: What You Need to Know in 2011 Frank Drake, Partner Smith Debnam Narron Drake Saintsing & Myers LLP Six Forks Road, Suite 400 Raleigh, North Carolina smithdebnamlaw.com On July 23, 2010 the Department of Justice published its final ruling regarding ADA Standards for Accessible Design, which was published in the Federal Register September 15, These standards specify requirements for accessibility and usability for ATMs, which the prior 1991 ADA rules failed to do. Section 707 of the Standards provides requirements to make ATMs readily accessible to and usable by individuals with disabilities, and include voiceaudio, height, reach, input, keypad, function key, display screen and Braille instruction requirements. 1. When? Compliance Date Compliance Date for New Construction or Alterations Applicable Standards On or after September 15, 2010, and before March 15, 2012 On or after March 15, or 2010 Standards for Structural Features Standards ONLY for Communicative Features 2010 Standards only for both Structural and Communicative Features a. New Standards i. Legally enforceable March 15, 2011 to new and existing ATMS ii. After March 15, 2011, all existing ATMs must be in compliance with the 1991 Standards, and must be in compliance with the communicative features of the 2010 Standards

2 (1) If an ATM is structurally compliant with 1991 requirements, but not the 2010 Standards, a safe harbor applies, allowing alteration or replacement of ATMs by March 15, Example: If the highest operable part of the ATM is 54 inches, and thus in compliance with the 1991 Standards, the credit union will be allowed to keep that ATM in place and working, as long as the highest operable part is lowered to 48 inches, the requirement in the 2010 Standards, by no later than March 15, (2) However, if an ATM is noncompliant with the communicative features of the 2010 Standards, there is no safe harbor. Speech requirements and input data must be compliant with the 2010 Standards discussed below. Example: If the highest operable part of the ATM is 54 inches, and thus in compliance with the 1991 Standards, the credit union will be allowed to keep that ATM in place and working, only if the speech and input requirements for communication for the 2010 Standards are also in compliance by no later than March `5, (3) March 15, 2012 is date that all ATMs must be fully compliant with the 2010 Standards 2. What? Compliance Specifications A. Speech output is required for all displayed information the ATM provides, including operating instructions, transaction prompts, user input verification, error messages, receipt information and statement information 1. This means the ATM must speak. Speech must be recorded or digitized human voice, or synthesized. 2. To explain how to use the speech features to hearingimpaired members, all ATMS must have directions written in Braille 2

3 3. The command, instruction or information provided by the ATM must be capable of being repeated or interrupted 4. Audio from the ATM must be private - compliance requires either headphone jacks with a universal outlet or a handset the customer may pick up, like a telephone. The method of using the audio capabilities must be easily discoverable, so obvious features like a telephone handset or clearly marked headphone outlets are encouraged. 5. To protect the privacy of all members of a credit union equally, the ATM must offer a blank screen option to protect the visually impaired and those members in wheelchairs. 6. The 2010 Standards do not state requirements for a particular language, or for multiple languages. Having an English-only speech capability is in compliance with the 2010 Standards. B. Reach ranges for the 2010 Standards allow members in wheelchairs or with limited mobility to access ATMs. Section 308 of the 2010 Standards contains more details about reach range requirements. Remember that reach requirements are a structural feature, and if an ATM is already compliant with the 1991 Standards, a credit union has until March 15, 2012 to alter or replace ATMs that do not conform to the 2010 Standards. 1. If the ATM is unobstructed, the range for high and low reach is 48 and 15 inches. If there is nothing for the member to reach over to use the ATM, he will be able to reach higher. The figure below provides a helpful depiction of the requirements for reach. 3

4 2. If the ATM is obstructed, by a counter or other protrusion, the high and low reach ranges will change depending on the length of the obstruction. a) If the obstruction measures fewer than 20 inches, the reach range remains 48 inches b) If the obstruction measures more than 20 inches, the reach range is lowered to 44 inches C. Height - The height of the display screen and the function keys are integral to accessibility for members in wheelchairs. 1. The display screen must be visible from a point 40 inches above the middle of the front of the ATM D. Input Controls - the input controls are the command keys for the ATM. The controls include keyboards and touch screens. 1. Keyboard layout - whether the keyboard is physical or touchscreen, the following are required: a) The keyboard may only be in either of the following formats: (1) 12 key ascending numerical order - like a telephone, or (2) 12 key descending numerical order - like a computer keyboard number pad or a calculator 4

5 (3) The number keypad may not be configured horizontally or vertically (like the numbers on top of a QWERTY keyboard) b) The 5" key must feel different (be tactilely distinct) from other number keys c) Numbers on keys must contrast visually with background. Contrast Visually allows either light-ondark background or dark-on-light background for ease of visibility 2. Display - the display is important for visually impaired members a) Font must be Sans serif font - This is a sans serif font. b) The font height at least 3/16 of an inch (4.8mm), based on the letter I c) The font must visually contrast with background 3. Function keys, or command keys must be tactilely distinctive, if there is a physical keypad, and be both tactilely discernable from surrounding surface (raised) and visually contrasting from their background. The following keys must have the following corresponding raised symbols: a) Enter/Proceed key: raised circle b) Clear/Correct key: raised left arrow c) Cancel key: raised X 5

6 d) Add Value key: raised + e) Decrease Value key: raised - E. Access - access is a major portion of the 2010 Standards because the ATM must be able to serve those in wheelchairs or walkers, who need extra room to maneuver 1. The clear ground/floor space at a minimum must measure 30 inches wide by 48 inches deep. The figure below is a helpful representation of space needed for access. 2. If an ATM is inside, or in a small nook or area, there are other compliance requirements for ground space and turning areas. Sections 304 and 305 of the 2010 Standards set out those specific requirements. F. Exceptions to Compliance 1. Ground space requirements are not applicable to drive-up only ATMs, however the speech requirements and Braille instructions are required 2. If there are multiple ATMs in a single location, only one ATM must be fully ADA accessible and compliant. If a credit union has both exterior and interior ATMs, the exterior is considered to be in a different location than the interior ATM. 3. ITMs (interactive transaction machines) are not subject to the 2010 Standards. The 2010 Standards provide no definition for an ITM. 3. How? Compliance Plan and Implementation 6

7 A. A credit union should inventory its existing ATMs to be able to more accurately determine whether the ATM can be upfitted as is, or will need substantial software, hardware and space additions 1. Gather the model number, year manufactured and year installed 2. Determine current access route, height and reach ranges 3. Compare speech output capabilities with 2010 Standards, to determine whether the ATM can be upfitted or will need to be replaced 4. Determine the ATM s current software and hardware technology. Some software may not support the new requirements - OS2 based software, NCR 56XX, Diebold I Series, Fujitsu B. Contact the ATM manufacturer, network and/or vendor about the feasibility of upgrading, or whether a new unit must be purchased. If a new unit must be purchased, inquire whether the vendor has access to compliant ATMs. C. If the ATM space is rented, contact the landlord to provide additional access space, if necessary to meet the 2010 Standards 4. How Much? Cost of Compliance A. Create a budget: 1. Calculate an estimate of the cost of upgrading current ATMs or purchasing new ATMs a) Cost of installation b) Cost of training employees c) Cost of renegotiating contract with landlord, if necessary 2. Consider financial resources available, keeping in mind it may be more cost effective to stop use of the ATM than to upgrade or replace it. 3. Revisit the ADA Standards often, as they do change 7

8 B. Penalties for noncompliance 1. Department of Justice may file suit in federal court to enforce compliance with access requirements. A court may award civil penalties, up to $55,000 for first violation and up to $110,000 for subsequent violations. 2. Private rights of action also exist a) Courts may order compensatory damages to remedy discrimination or injunctive relief, including mandatory orders to comply with accessibility requirements. b) For claims under both Title II and Title III of the Americans with Disabilities Act, the prevailing party may recover reasonable attorney s fees, litigation expenses and costs, pursuant to 25 CFR and 26 CFR The full 2010 ADA Standards for Accessible Design may be found here: The 1991 version of the ADA Standards for Accessible Design may be found here: 8