I'm running to catch up with this topic, new to the world of automated teller machines! We have walkup and drive up machines. My question...what about our remote ATMs...those we've installed for businesses? They are cash dispensers. Do the new rules apply to them?

Ok, we are getting some conflicting information about the absolute drop dead timeline for compliance with this.

We have 3 drive-up ATMs that all conform to the 1991 standards. We will have to physically replace each one in order to comply with the speech output standards. Do we have to have the new ones installed by March 2011 or do we have until March 2012?

Dani, back on page 2 of this forum thread, it says 2012. Whether that's right or wrong...I hesitate to stake my life on it!

The ABA said 3/15/12. If your bank is an ABA member log in with your user name and password to access the following page and then look at the latest staff analysis on the ADA ATM issue. http://www.aba.com/Members+Only/Regulatory/ADA.htm

I wish we were ABA members.....

That's what I thought (2012), but we got a bulletin from a respected law firm this morning stating that unless we could prove (how to do that....I don't know) undue burden, we had to have it in place by 2011.

Thanks so much!

It is confusing because the final rule says its effective 3/2011. I didn't see a different "mandatory" date.

The law firm is either mixing up their dates or not being descriptive enough.

You are required to have a compliance plan by 3-15-2011. You are required to be in compliance (or structural safe harbor) by 3-15-2012 unless you can prove undue burden.

Also, do your own research, do not rely on the ABA document for everything, they have at least one incorrect statement in that document that can leave you out of compliance -- when I contact and spoke to them, they said the document is not meant to be relied upon for compliance by banks, only for informational purposes only so they will not send out a correction. -- The issue being their depiction of more than one ATM at a location. If a branch has an exterior and interior ATM, they are to be considering seperate locations even though they are at the same branch location. The ABA analysis leads you to believe only one of those ATMs would need to comply. So if you have a branch with a drive-up ATM and a lobby walk-up ATM, both must comply, even though they are at the same branch location.

I really need help with this also. All of our ATMs meet the 1991 accessibility standards. My understanding is that this provides us with a safe harbor for accessibility only.

The cost for the speech output requirements for us is well over $1 million. Questions: 1) Is the deadline for speech output 03/2012, 2) To whom do we submit our plea for undue burden, 3) Is there actually a requirement for a written plan by 03/15/2011 who is going to request our plan, 4)What would that plea for undue burden do for us anyway if the deadline is 03/2012?

upstate, keep in mind, even though you may have an undue burden to upgrade all your ATMs, your compliance plan should include updating at least some of your ATMs, it is not all or nothing.

Bob, you seem to have a pretty good handle on this. Is the deadline for voice 03/12? And am I correct that if we meet the 1991 conditions for accessibility that we have no further responsibilities with regards to that?

Also, I can't seem to determine definitively if we are supposed to have a plan by 03/15.

The safe harbor is for structural elements. Keep in mind, you are still subject to barrier removal when it comes to accessibility. And yes, you must meet the 1991 standards to be eligible for the safe harbor.

My analysis of the new rules is you are to have a compliance plan by March 15, 2011. Compliance date is March 15, 2012.

It is my understanding the new 2010 ADA clear floor, reach, measurement requirements don't have to be met on existing ATMs etc.

However, if we have to install a new machine to comply with the text to speech aspect because it can't be upgraded, does it now need to comply with the measurement requirements as well because it is new?

So, what do you do if the convenience store you have the machine at doesn't have wide enough aisles for a wheelchair to get to the ATM and you have to replace the existing machine with a new machine to comply with the communicaiton aspect?

The U.S. DOJ just published this about the ADA 2010 rules effective dates.

http://www.ada.gov/revised_effective_dates-2010.pdf

Hopefully I've got all this straight:

Effective Communication (auxiliary aids & services) requirements are effective 3-15-2011.

3-15-2012 is the compliance date for using the 2010 standards for new construction, alterations, program accessibility and barrier removal.

From September 15, 2010, to March 15, 2012, if new construction or alterations are implemented, the bank may choose either the 1991 Standards or the 2010 Standards.

On or after March 15, 2012, all newly constructed or altered facilities must comply with all of the requirements in the 2010 Standards.

If elements in existing facilities already comply with corresponding elements in the 1991 Standards and are not being altered, then entities are not required to make changes to those elements to bring them into compliance with the 2010 Standards.

As for "readily achievable" barrier removal:
From September 15, 2010, to March 15, 2012, if the elements in a business serving the public (public accommodation) do not comply with the requirements for those elements in the 1991 Standards, the elements must be modified, to the extent readily achievable, using either the 1991 Standards or the 2010 Standards. The public accommodation must use only one standard (either 1991 or 2010, but not both) for removing barriers in the entire facility. For example, it cannot choose the 1991 Standards for accessible routes and the 2010 Standards for restrooms.

On or after March 15, 2012, elements in a facility that do not comply with the 1991 Standards’ requirements for those elements (for example where an existing business has never undertaken readily achievable barrier removal) must be modified using the 2010 Standards to the extent readily achievable.

so, as long as the store is compliant with the 91 standards, we are okay in replacing a machine to upgrade the communication in the location that is not compliant with the 2010 clear floor?

Thus we replace an ATM with a new one but the 2010 clear floor is not met but the 91 is?

Eleven out of 15 existing ATMs cannot be upgraded to be voice capable and do not have jacks for headphones. I'd say that is an undue burden and expense. I guess we'd just document and make a plan that any new ATMs will fully comply.

To bring our ATMs into compliance will cost in excess of $8.6 million. This is creating an undue burden for us. Since our regulators are requiring additional capital, this expenduture is an undue burden. Plus the shortage of parts and compliant ATMs probably will also create undue burden.

But to show that the bank is trying to comply we have identified over 30% of the ATMs that can be upgraded for a lot smaller amount (under $250,000). The ATMs at branch facilities that are not compliant will have a sticker or sign stating if they need assistance an employee has been trained to provide assistance.

This is our plan.

$8.6 million???? How many ATMs do you have?

close to 200

Does the bank's compliance plan need to be board approved?

There's nothing in the regulations that would require board approval. However, most banks' plans will include some level of capital investment. That may be something your board will have to sign off on.

Has anyone come across an ATM-ADA webinar?

We have completed our plan. We have received pricing to include voice output on each ATM. I am getting a little confused. The effective date of 3/15/2012, is that for only new or alterations to ATMs? We if do not make any alterations, do we have to be compliant by 3/15/12?

is this correct?

Effective Communication (auxiliary aids & services) requirements are effective 3-15-2011.

Yes, unless you can prove it causes an undue burden to modify existing ATMs. You'd also have to put a plan in place.