SETTLEMENT AGREEMENT
UNDER THE AMERICANS WITH DISABILITIES ACT
BETWEEN
THE UNITED STATES OF AMERICA
AND
FRANK MARTZ COACH COMPANY, D/B/A MARTZ TRAILWAYS

BACKGROUND

1. The parties to this Settlement Agreement are the United States of America and Frank Martz Coach Co, d/b/a Martz Trailways, Inc.
2. This Settlement Agreement arose from a compliance review of Martz Trailways conducted by the United States Department of Transportation Federal Motor Carrier Safety Administration (“FMCSA”) to determine the company’s compliance with title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12184 and 12188. The results of FMCSA’s compliance review were provided to the United States Department of Justice, which then opened this investigation.
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 litigation. The parties have therefore voluntarily entered into this Agreement, as follows:

THE PARTIES

4. Martz Trailways is a Pennsylvania corporation and private transportation company with a principal place of business at 239 Old River Road, Wilkes-Barre, PA 18702.
5. The Attorney General of the United States is responsible for enforcing title III of the ADA, 42 U.S.C. §§ 12181-89, and the relevant regulations implementing title III, 28 C.F.R. pt. 36 and 49 C.F.R. pts. 37 and 38. The ADA also authorizes the Attorney General to seek a civil penalty to vindicate the public interest. 42 U.S.C. § 12188(b)(2)(C); 28 C.F.R. § 36.504(a)(3).

TITLE III COVERAGE AND DETERMINATIONS

6. Effective on October 28, 1998, pursuant to the ADA, the Department of Transportation required all large operators to ensure that 100% of the buses in its fleet with which it provides fixed-route service are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. 49 C.F.R. § 37.185(b). The Department of Transportation did not require operators to comply fully until October 29, 2012.  49 C.F.R. § 37.185(a).
7. Martz Trailways is a large, fixed-route operator within the meaning of 42 U.S.C. § 12181 (4) and 49 C.F.R. § 37.3; 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 large operator under 49 C.F.R. § 37.3, because it is a Class I motor carrier within the meaning of 49 C.F.R. § 369.3. Further, Martz Trailways is a private operator of fixed-route transportation service that is primarily 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).
8. On December 28, 2016, FMCSA conducted an ADA review on Martz Trailways.  A finding was made that five (5) of the total sixty-eight (68) OTRBs operated by Martz were not readily accessible to and usable by individual with disabilities, including individual who use wheelchairs, in violation of 42 U.S.C. § 12184(b)(4)(A) and 49 C.F.R § 37.185. The following trips were made  in OTRBs, which were not equipped with an accessible lift system:
1. Vehicle# 461, Trip Date: 11/04/2016, Line Run ID: 307
2. Vehicle# 462, Trip Date: 11/22/2016, Line Run ID: 317
3. Vehicle# 463, Trip Date: 11/29/2016, Line Run ID: 155
4. Vehicle# 464, Trip Date: 11/23/2016, Line Run ID: 904
5. Vehicle# 465, Trip Date: 11/28/2016, Line Run ID: 307
9. On October 30, 2017, the Department of Justice requested information from Martz Trailways concerning its OTRB fleet and wheelchair accessibility, and the company produced documents in response. The documents appear to show that Vehicle #s 461, 462, 463, 464, and 466 have been removed from Martz Trailways fleet of vehicles.

ACTIONS TO BE TAKEN BY MARTZ TRAILWAYS

10. Martz Trailways will 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. Martz Trailways will 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.
11. Martz Trailways will immediately use only wheelchair-accessible OTRBs for its fixed route service, whether offered by Martz Trailways or under contract by Martz Trailways for another entity.
12. Martz Trailways will not require passengers with disabilities who use or seek to use Martz Trailways’ fixed route service to provide advance notice to secure an accessible bus and will not deny any passenger with a disability who uses or seeks to use Martz Trailways fixed route service an accessible bus because he or she does not provide advance notice. Martz Trailways’ employees and contractors will not verbally communicate to passengers with disabilities that they are required to provide advance notice to secure an accessible bus on Martz Trailways’ fixed route service.
13. Martz Trailways will not post, distribute, or publish any bus schedules, postings, signs, or any other written material in electronic, web, or hard copy format that states that a passenger with a disability is required to provide advance notice to get accessible transportation on Martz Trailways’ fixed route service.
14. Martz Trailways will ensure that any advertising for fixed route service it conducts by contract with any entity will not require a passenger with a disability to provide advance notice to get accessible transportation.
15. Within 60 days of the effective date of this Agreement, Martz Trailways will post conspicuously on its Internet home page, scheduling page, and all of its social media pages (including Facebook and Twitter) a statement that all Martz Trailways motor coaches will be wheelchair-accessible on the fixed route schedule.
16. Within 90 days of the effective date of this Agreement, and once a year thereafter for the duration of this Agreement, Martz Trailways will train all employees and contractors working on fixed routes (including reservationists, dispatchers, mechanics, and bus operators) on the ADA requirements for large, fixed-route OTRB operators and the requirements of this Agreement.  Martz Trailways will provide the same training and notification to relevant employees and contractors hired during the term of this agreement within 60 days of hiring.  Martz Trailways will maintain records of such training including the date of the training, the agenda, all written or presentation materials, and the identity of all persons who attended the training, and will provide such information to the United States promptly upon request.
17. Within 30 days of the effective date of this Agreement, Martz Trailways will deliver a check in the total amount of $10,000.00 payable to the United States Treasury as a civil penalty.

IMPLEMENTATION

18. 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 based on the allegations set forth above.  The United States may review Martz Trailways compliance with this Agreement or title III of the ADA at any time upon two business days’ notice.  If the United States believes that this Agreement or any material portion of it has been violated, it may institute a civil action in the appropriate United States District Court to enforce this Agreement and/or title III of the ADA.  Nothing in this paragraph precludes the United States from observing Martz Trailways OTRBs at bus stations, roadways, or other public areas to determine their compliance with this Agreement or title III of the ADA.
19. Failure by the United States to enforce any provision in this Agreement is not a waiver of its right to enforce any provision in this Agreement.
20. This Agreement is binding on Martz Trailways, including all principals, officers and owners, successors in interest, and assigns. In the event that Martz Trailways 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, Martz Trailways will obtain the written agreement of the successor, buyer, transferee, or assignee to all obligations remaining under this Agreement for the remaining term of this Agreement.
21. The signatory for Martz Trailways represents that he or she is authorized to bind Martz Trailways to this Agreement.
22. This Agreement is the entire agreement between the United States and Martz Trailways 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, is enforceable. This Agreement can be modified only by mutual written agreement of the parties.
23. 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 relieves Martz Trailways of its obligation to otherwise comply with the requirements of the ADA.

EFFECTIVE DATE/TERMINATION DATE

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