Sec. 2. Findings
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/bill/114/hr/4552/ih/section-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Congress finds the following: The technical assistance materials for the Americans with Disabilities Act of 1990 of the Department of Justice requires gas stations, including those offering self-service, to provide equal access for their customers with disabilities. Customers with disabilities are advised that they can obtain refueling assistance by either honking or otherwise signaling an employee. The Americans with Disabilities Act of 1990 requires self-service gas stations to provide refueling assistance upon the request of a qualified person with a disability if there is more than one attendant on duty at the station.
Such service is provided without any charge beyond the self-service price. A qualified person with a disability is described as a person to whom an accessible or disabled parking permit has been issued or a person who is in legal possession of a specialized motor vehicle license plate indicating that the owner is a person with a disability. History has shown that these methods to attract refueling assistance are not effective. Throughout the United States, individuals with disabilities who need gas pumping assistance at gas stations or convenience stores do not generally receive such assistance when they honk their horns, flash their headlights, or otherwise signal to attract the attention of an attendant inside the facility.
This is not considered equal access under the Americans with Disabilities Act of 1990. In 2014, the State of Florida enacted House Bill 7005, which requires phone numbers to be placed on all gas pumps not later than two years after July 1, 2014. This requirement allows qualified individuals with disabilities to call on their cell phones for free gas pumping assistance. However, should such refueling assistance be requested during times when a second attendant is not present at a self-service gasoline station, the Florida gas station retailer is not required to provide the requested assistance and will inform the caller.
History has proven this to be a simple, inexpensive, common sense, effective solution that is favored by both customers with disabilities and the petroleum and convenience store industries. Today, unlike in 1990, almost everyone owns a cell phone. Owning a cell phone is a safety measure for drivers with disabilities in case their vehicle breaks down on the road.