SETTLEMENT AGREEMENT

UNDER THE AMERICANS WITH DISABILITIES ACT

BETWEEN THE UNITED STATES OF AMERICA

AND

DECAMP BUS LINES

BACKGROUND

1. The parties to this Settlement Agreement are the United States of America and DeCamp Bus Lines.
2. This matter was initiated by a compliance review conducted on March 27, 2013, of DeCamp Bus Lines, located in Montclair, New Jersey. The Department of Justice conducted this review under the authority granted by title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12188.
3. The parties agree that it is in their best interests, and the United States believes that it is in the public interest, to resolve this dispute without engaging in protracted litigation. The parties have therefore voluntarily entered into this Agreement, as follows:

TITLE III COVERAGE AND FINDINGS

4. The Attorney General is responsible for enforcing title III of the ADA, 42 U.S.C. §§12181-12189, and the relevant regulations implementing title III, 28 C.F.R. pt. 36 and 49 C.F.R. pts. 37 and 38.
5. DeCamp Bus Lines is a New Jersey corporation with its principal place of business at 101 Greenwood Avenue, Montclair, New Jersey, 07042.
6. DeCamp Bus Lines is a large, fixed-route operator within the meaning of 42 U.S.C. § 12181(4); an over-the-road bus (“OTRB”) operator within the meaning of 42 U.S.C. §12181(5) and 49 C.F.R. § 37.3; and a Class I motor carrier within the meaning of 49 C.F.R. § 369.3. DeCamp Bus Lines is a private operator of fixed-route transportation service that is engaged in the business of transporting people and whose operations affect commerce within the meaning of 42 U.S.C. § 12184(a) and 49 C.F.R. §§ 37.3 and 37.5(f).
7. Since October 29, 2012, the fleets of all large, fixed-route OTRB systems must be 100 percent readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. 42 U.S.C. § 12184(b)(4)(A); 49 C.F.R. §37.185. Once 100 percent of a fixed-route OTRB operator’s fleet is accessible, the operator may no longer require up to 48 hours’ advance notice to provide accessible service. 49 C.F.R. § 37.193.
8. At the time of the Justice Department’s March 27, 2013, compliance review, DeCamp Bus Lines’ fixed-route OTRB fleet was 100 percent accessible. Nevertheless, DeCamp Bus Lines had a statement on its website and on its bus line schedules requiring 48 hours’ advance notice to secure an accessible bus. DeCamp Bus Lines staff had also verbally communicated to passengers with disabilities that they should call 48 hours in advance to reserve an accessible bus trip.

ACTIONS TO BE TAKEN BY DECAMP BUS LINES

9. DeCamp Bus Lines shall not exclude persons with disabilities from participation in, or deny them benefits of, transportation services in violation of title III of the ADA, 42 U.S.C. § 12184, 28 C.F.R. pt. 36 and 49 C.F.R. pts. 37 and 38. DeCamp Bus Lines shall comply with all of its obligations under title III of the ADA, 42 U.S.C. § 12184, 28 C.F.R. pt. 36 and 49 C.F.R. pts. 37 and 38.
10. DeCamp Bus Lines shall not require passengers with disabilities to provide advance notice to secure an accessible bus and shall not deny any passenger with a disability an accessible bus when the passenger does not provide advance notice. DeCamp Bus Lines’ employees and contractors shall not verbally communicate to passengers with disabilities that they are required to provide advance notice to secure an accessible bus.
11. Within 30 days of the effective date of this Agreement, DeCamp Bus Lines shall remove from all places on its website, at http://www.decamp.com/, any language requiring that a passenger with a disability provide advance notice to secure an accessible bus. DeCamp Bus Lines will notify the United States when it has completed this action.
12. Within 60 days of the effective date of this Agreement, DeCamp Bus Lines shall no longer post, distribute, or publish any bus schedules, postings, signs, or any other written material that states that a passenger with a disability is required to provide advance notice to secure accessible transportation. DeCamp Bus Lines will provide copies to the United States of any revised materials it wishes to publish in advance of publishing them.
13. Within 30 days of the effective date of this Agreement, and every year thereafter for the duration of this Agreement, DeCamp Bus Lines shall train all employees and contractors (including reservations, dispatchers, mechanics, and bus operators) on the ADA requirements for large, fixed-route OTRB operators and the requirements of this Agreement. DeCamp Bus Lines shall also provide the same training and notification to employees and contractors within 30 days of hiring.

IMPLEMENTATION

14. In consideration for entering this Agreement, the United States will refrain from undertaking further action relating to this investigation or from filing a civil action alleging discrimination based on the allegations set forth above, except as provided in paragraph 15 below.
15. The United States may review compliance with this Agreement or title III of the ADA at any time. If the United States believes that this Agreement or any portion of it has been violated, it may institute a civil action in the appropriate U.S. District Court to enforce this Agreement or title III of the ADA.
16. Failure by the United States to enforce any provisions in this Agreement shall not be construed as a waiver of the United States’ right to do so with regard to other provisions of this Agreement.
17. This Agreement shall be binding on DeCamp Bus Lines, including all principals, agents, executors, administrators, representatives, employees, successors in interest, beneficiaries and assigns. In the event that DeCamp Bus Lines seeks to sell, transfer, or assign all or part of its interest during the term of this Agreement, as a condition of sale, transfer, or assignment, DeCamp Bus Lines shall obtain the written accession of the successor or assignee to any obligation remaining under this Agreement for the remaining term of this Agreement.
18. The signatory for DeCamp Bus Lines represents that he or she is authorized to bind that party to this Agreement.
19. This Agreement constitutes the entire agreement between the United States and DeCamp Bus Lines on the matters raised herein and no other statement, promise or agreement, either written or oral, made by any party or agents of any party, that is not contained in this written agreement, including its attachments, shall be enforceable. This Agreement can only be modified or amended by mutual written agreement of the parties.
20. This Agreement is not intended to remedy any other potential violations of the ADA or any other law that is not specifically addressed in this Agreement. Nothing in this Agreement changes DeCamp Bus Lines’ obligation to otherwise comply with the requirements of the ADA.

EFFECTIVE DATE/TERMINATION DATE

21. The effective date of this Agreement is the date of the last signature below.
22. The duration of this Agreement will be three years from the effective date.