Anyone see this published yet?

Not yet.

It is scheduled to be published in tomorrow's Federal Register. http://www.archives.gov/federal-register/public-inspection/

Once on the page, click the link to view tomorrow's Federal Register and scroll down to the Justice Department entries.

How cool is that! Thanks!

Here's the rule. http://edocket.access.gpo.gov/2010/pdf/2010-21824.pdf

OH! OH! HOW EXCITING!!!

What is the absolute compliance date? The ABA mentions the compliance date of March 15, 2010 only means you need to implement a compliance plan by that date, not complete upgrades by that date. So then by what date do the upgrades need to be completed by?

Oops...sorry about that. I didn't realize the link to the rule was posted...didn't realize there were two pages to this thread!

The DOJ's ADA website makes the following statement.

"These final rules will take effect March 15, 2011. Compliance with the 2010 Standards for Accessible Design is permitted as of September 15, 2010, but not required until March 15, 2012."

http://www.ada.gov/regs2010/ADAregs2010.htm

Is there a listing of what specific actions a bank will have to take to upgrade their ATMs to adhere to the new ADA requirements?

(Reading the Federal Register puts me to sleep.)

Has anyone "seen" one of these new ATMs. I spoke with our local ATM service provider about these new rules. He indicated that the bank would need to contact the manufacturer to discuss a plan of action on approaching compliance with ADA. Sounds like we will need to document our ability or lack thereof regarding any upgrade to meet these new rules.

Seems like we spend a great deal of time and money to cater to a very small fraction of our population. Anyone have an idea of the cost/benefit of such rules. How many people even utilize ATMs that are visually impaired? Was any research done in this area or are we again just catering to the squeaky wheel? I can see providing such machines in special areas, but to require each and every ATM is over the top.

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Just a thought... Like we need more regs...

Maybe a silly question, but are drive-up ATMs exempt from the new 2010 Standards?

Drive-up ATMs are exempt from the reach and front clearance restrictions, but are subject to the requirement to accommodate visually-impaired cardholders. The assumption is that a visually-impaired individual could be in the passenger seat behind the driver of a vehicle.

This might be a silly question, but the rules say to refer to See 28 CFR part 36, app. B at 728 (2009). I cannot find 728 anywhere. Does anyone have any suggestions? Thanks ~

"The Department consistently has taken the position that the
communication-related elements of ATMs are auxiliary aids and
services, rather than structural elements. See 28 CFR part 36, app. B at 728 (2009)."

So what is undue burden defined by this fabulous new requirement?

It is not defined. One has to state one's case that the burden of upgrading all one's ATMs is excessive and hope that it's accepted.

We have been in the process of upgrading our ATMs. Most of them have been upgraded. On the new ATMs, there is a spot where a headset could be plugged into, would this be sufficient?

I guess the question would be, does anything happen when one plugs their headphones in?

Just because the plugin is available, has the machine been equipped to utilize it, or is it simply there for possible future use?

I haven't had a chance to read this thru all the way, but it appears there are also requirements for phone access(TTY) for the hearing impaired...These upgrades could really get expensive! I am sooo challenged when it comes to technology.

We reviewed our ATMs and out of 74, 66 are currently non-compliant. In order to bring them into compliance, it would cost upwards of $1 million. We are looking at extending the compliance deadline to ease the cost. How do we go about claiming undue burden, i.e. who do we contact and what documents are we required to provide to claim undue burden?

Dumb question, what about all these owner operated ATMs out there? Are they required to comply????? or again, it's just the banks that must comply?

I believe there is a proposed ADA requirement addressing ATMs that are free-standing (not built into wall or other structure). That would address most of the C-store units and those in hotel lobbies, etc. But if an owner-operator (non-bank) has a machine that's built in (Publix Supermarkets in Florida are, I think, good examples), it's subject to the current new rule.

$1 Million to make compliant what should be mostly software issues? Over $15,000 for each ATM?? That sounds off. Do you have really old ATMs that were not compliant with 1991 standards? Or do you realze the structural elements such as reach ranges have a safe harbor?

John, do the owner-operated ATMs also have to be voice compliant? I'm talking all these little ATMs around everywhere.