SETTLEMENT AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND
VONLANE

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BACKGROUND

1. The parties to this Settlement Agreement (“Agreement”) are the United States of America and Vonlane LLC (“Vonlane”).
2. This matter was initiated by a complaint alleging that Vonlane denied accessible service to a person with a disability. In particular, the complainant alleged that he attempted to book accessible transportation from Vonlane over the phone, but he was advised that Vonlane could not accommodate his request.    
3. The parties believe it is in the parties’ best interests, and the United States believes that it is in the public interest, to resolve this matter by settlement agreement. The parties have therefore voluntarily entered into this Agreement, agreeing as follows:

TITLE III COVERAGE AND REQUIREMENTS

4. The Attorney General is responsible for administering and enforcing title III of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. §§ 12181-12189, and the relevant regulations implementing title III, 29 C.F.R. pt. 36 and 49 C.F.R. pts. 37 and 38.
5. Vonlane is a Texas corporation. Its principal places of business is 6310 Lemmon Avenue, Suite 125, Dallas, Texas 75209.
6. Vonlane is a private 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); an operator of an over-the-road bus (“OTRB”) within the meaning of 42 U.S.C. § 12181(5) and 49 C.F.R. § 37.3; and a small operator within the meaning of 49 C.F.R. § 37.3.
7. Under title III of the ADA, a small OTRB fixed route operator must ensure that any new vehicle purchased or leased since October 29, 2001, is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs; or, ensure that equivalent service is provided to individuals with disabilities, including individuals who use wheelchairs. 42 U.S.C. § 12184(b)(4)(A), and 49 C.F.R. § 37.183(b).
8. An OTRB operator will not exclude persons with disabilities from participation in or deny them the benefits of specified public transportation services in violation of title III of the ADA, 42 U.S.C. § 12184, and the relevant implementing regulations, 28 C.F.R. pt. 36, and 49 C.F.R. pts. 37 and 38.

FINDINGS

9. Volane is a private motor carrier that currently operates OTRB service along four routes between Austin, Dallas, Houston, and San Antonio. Vonlane provides its customers an online reservation system and fixed route transportation according to a fixed schedule. Vonlane’s schedules and fares are published on its website at http://www.vonlane.com.
10. After October 29, 2001, Volane purchased 10 new OTRBs for use in its transportation business that were not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.
11. Almost all of Vonlane’s reservations are made online and a seat can be reserved, when available, even shortly before departure. Customers who wish to remain in their wheelchairs, however, are instructed on the website not to purchase tickets online, but to call Vonlane to schedule travel. According to the Vonlane website, such reservations must be made at least 48 hours before the time of travel.  

ACTIONS TO BE TAKEN BY VONLANE

Vehicles

12.  By May 31, 2018, Vonlane agrees to purchase or lease at least one OTRB that is otherwise accessible to individuals with disabilities, including individuals who use wheelchairs. This OTRB will have a minimum of one securement device. Vonlane will make a good faith effort to make this accessible OTRB available, in an integrated setting, to any customer with a disability who requests accessible transportation.
13. Until Volane’s entire fleet is accessible, and to the extent that Vonlane cannot accommodate an individual under paragraph 12, Vonlane agrees to provide equivalent service to individuals with disabilities, including individuals who use wheelchairs. 49 C.F.R. §§ 37.105, 183, and 193.
14. Vonlane agrees that any OTRB that it purchases or leases up to and through December 31, 2020, will be consistent with paragraph 12, above, and that any OTRB that it purchases or leases after December 31, 2020, will be readily accessible to and useable by individuals with disabilities, including individuals who use wheelchairs. 42 U.S.C. § 12184(b)(4)(A), and 49 C.F.R. § 37.183(b)(1).  A vehicle is readily accessible to and useable by individuals with disabilities if it complies with the vehicle standards at 49 C.F.R. Part 38.  49 C.F.R. § 37.7(a).
15. For all accessible OTRBs, Vonlane agrees to maintain in operative condition those features of vehicles that are required to make the vehicles readily accessible to and usable by individuals with disabilities. These features include, but are not limited to, securement devices and lifts, ramps, and other means of access to vehicles. 49 C.F.R. § 37.161.

Policies, Practices, and Procedures

16. Within 30 days of the date of this Agreement, Vonlane shall review and, if appropriate, modify its policies, practices, and/or procedures so that its private transportation system is in compliance with 42 U.S.C. § 12184 and the implementing regulations, 28 C.F.R. pt. 36 and 49 C.F.R. pts. 37 and 38.

Reservations and Website

17. During the interim period before its entire fleet is accessible, Vonlane shall ensure that the main page of its website provides a link to instructions for how persons with disabilities can request accessible transportation. Vonlane shall not charge persons requesting accessible transportation any additional fees (i.e., fees not charged to all other customers).  
18. By no later than the date specified in paragraph 14, Vonlane agrees to provide on-line reservation services to passengers with disabilities equivalent to those provided other passengers. 42 U.S.C. § 12184(b)(4)(A), and 49 C.F.R. § 37.207(d).   

Training

19. Within 180 days of the effective date of this Agreement, Vonlane shall provide refresher training to all employees and contractors, including but not limited to, vehicle operators, mechanics, and telephone reservationists, about the requirements of the ADA and how they apply to Vonlane, including the policies, practices, and procedures to be adopted as the result of this Agreement. Vonlane shall also implement a policy to train all new employees and contractors, including telephone reservationists, within 30 days of hiring on the requirements of the ADA and the policies, practices, and procedures to be adopted as the result of this Agreement. Vonlane shall ensure that all of its employees and contractors are trained to proficiency to comply with this Agreement and to carry out its revised policies, practices, and procedures so as to ensure compliance with the ADA.
20. Vonlane agrees that all training manuals or written materials dealing with policies and practices related to accessibility revised or created after the effective date of this Agreement shall be consistent with the provisions of this Agreement.

Reporting

21. Vonlane will report to the United States on its progress in implementing this Agreement 180 days from the effective date of this Agreement, and then every year thereafter for the duration of the Agreement.

IMPLEMENTATION

22. In consideration of the Agreement, set forth above, the United States will refrain from undertaking further action relating to this investigation or from filing a civil action alleging discrimination based on the facts set forth above, except as provided below.
23. 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 will raise its concerns with Vonlane and the parties will attempt to resolve the concerns in good faith. The United States will give Vonlane 30 days from the date it notifies Vonlane of any breach of this Agreement to cure that breach before instituting an enforcement action.
24. Failure by the United States to enforce provisions of this Agreement shall not be construed as a waiver of its right to do so with regard to other provisions of this Agreement.
25. This Agreement shall be binding on Vonlane, including all principals, agents, executors, administrators, representatives, employees, successors in interest, beneficiaries, assigns, and legal representatives thereof. In the event that Vonlane 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, Vonlane shall obtain the written accession of the successor or assignee to any obligation remaining under this Agreement for the remaining term of this Agreement.
26. A signatory to this document in a representative capacity for either party represents that he or she is authorized to bind that party to this Agreement.
27. This Agreement constitutes the entire agreement between the United States and Vonlane 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.
28. 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 Vonlane's obligation to otherwise comply with the requirements of the ADA.
29. Vonlane has cooperated fully in the investigation of this matter and has in good faith attempted to review and resolve any issues raised, in an effort to comply with ADA requirements and improve best practices for its customers. Vonlane does not admit liability or fault, nor any violation of the ADA or any other law. Rather, this Agreement is voluntarily entered into by the parties for the purpose of resolving disputed issues and improving best practices and customer service.

EFFECTIVE DATE/TERMINATION DATE

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