Regulatory News – ADA Kiosk, POS Kiosks, and EV Charging Update

By | July 3, 2022
ADA FAQ

Updated Regulatory Information for Kiosks, POS and EV Charging – June 2022

The big news is that the U.S. Access Board has announced its next session which include EV Charging Stations, Kiosks and POS. Not quite sure of the difference between information transaction machines and kiosks but we will find out.

  • It’s also very important (cannot be overstressed) that not only manufacturers but users need to comment.
  • Once it is closed for comments you cannot insert a single word. During the comment phase all comments are taken, recorded and considered.
  • For POS we think reach may be addressed as well as Audio

It is worth noting too that ANSI has taken a strong interest in EV Charging. The Kiosk Association is an Associate Partner sponsor of the ANSI Electric Vehicles Standards Panel and is signed up to participate on working group

In Brief

  • US Access Board Session EV Charging — EV Charging Stations. According to the Agenda, the Access Board will be issuing a Notice of Proposed Rulemaking (NPRM) in September 2022 to set standards for accessible EV charging stations with the intent that the DOJ will eventually incorporate those guidelines in the current ADA Standards for Accessible Design. The rulemaking responds to the Infrastructure Investment and Jobs Act’s allocation of $7.5 billion to construct a national network of 500,000 EV charging stations nationwide.
  • US Access Board Session Transaction Machines — Fixed Self-service Transaction Machines. With the proliferation of self-service machines at public accommodations in the past few years, it is no surprise that the Access Board will be working on standards for accessible self-service kiosks, information transaction machines, and point-of-sale devices. The Agenda states that an NPRM will be issued in August 2022. It is very important for manufacturers of these machines, as well as the businesses that use them (e.g. retailers, rental car companies, lodging facilities, health care providers, banks, parking facilities, restaurants) to file comments on the Access Board’s forthcoming proposed guidelines because, once finalized, they are not likely to change in DOJ’s rulemaking process to make them enforceable standards.
  • Maryland Launches Assistive Technology Loan Program — Assistive technology is any item, piece of equipment, software program, or product system that is used to increase, maintain, or improve the functional capabilities of persons with disabilities. Assistive technology allows individuals with disabilities to carry out activities of daily living (bathing, dressing, eating, etc.), participate in the workforce, communicate, learn, and enjoy recreational activities.
  • Has The Time Come Finally for Accessibility and Digital Menus For Restaurants? — That’s why we’re asking the question: should restaurant accessibility standards include digital menus?  Article reprinted from Keyser, a major provider of  displays and digital menu boards.
  • Comments by Seyfarth — While the rulemaking process can take years, we predict the DOJ will work hard to get all of these new standards finalized before the end of the Biden Administration because a regime change will most certainly halt all regulatory activity, yet again.
  • Disability Inclusion in the Workplace Interview — interview of CraigK
  • DOJ Goes All in on ADA is a Nondelegable Duty — In the Statement of Interest, the DOJ goes all in on the ADA being a nondelegable duty. That the ADA is a nondelegable duty should not surprise readers of this blog because we previously discussed that here, and I return to the concept frequently.
  • Canada CSA Group — we (KMA) submitted technology considerations for next CSA session.
  • Canada ADA groups — three groups in Canada have applied to join ADA Committee
  • EV Charging Expected Overall Regulations
    • guidance doc
    • EV charging stations will need to comply with ADA and Section 504 requirements and be accessible to and usable by individuals with disabilities, including those using wheelchairs or other assistive equipment. Key considerations include safety and ease of use. Specifically, designs for EV charging stations must ensure adequate space for exiting and entering the vehicle, unobstructed access to the EV charging stations, free movement around the EV charging stations and connection point on the vehicle, and clear paths and close proximity to any building entrances.
    • NEVI funds can be used to retrofit existing non-ADA compliant stations to ADA compliant
    • Revenue from retrofitted or new chargers (advertising?) will be deducted from funding received. The State DOT will likely have input on partnerships.
    • Title 3 will apply no doubt
    • 40% to disadvantage communities (underserved, underbanked)
    • Useful links for State DOT — For example, FHWA’s guide, Public Involvement Techniques for Transportation Decisionmaking, provides examples of public engagement best practices and illustrates how meaningful public engagement entails more than simply holding public events, but also incorporating public comments and feedback into decisionmaking. Additional suggested resources include:
    • • Public Involvement Techniques for Transportation Decisionmaking (FHWA) – Public Involvement
      Techniques – Publications – Public Involvement – Planning – FHWA (dot.gov)
      • Virtual Public Involvement (FHWA) – EDC-6: Virtual Public Involvement | Federal Highway
      Administration (dot.gov)
      • How to Engage Low-Literacy and Limited-English-Proficiency Populations in Transportation
      Decision Making (FHWA) – Low Limited – Publications – Planning – FHWA (dot.gov)
      • Every Place Counts Leadership Academy Transportation Toolkit (FHWA) – Every Place Counts
      Leadership Academy (transportation.gov)