Sec. 4. Accessibility
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It shall be considered discrimination for purposes of section 302 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12182 ) for a gas station or convenience store to fail to clearly display at each self-service gas pump a decal that— is at least 15 square inches in size; has a blue background; includes the telephone number of the gas station or convenience store at which such pump is located and the words Call for Assistance in printed white text; and includes the International Symbol of Accessibility.
With respect to the telephone number indicated on the decal, it shall be considered discrimination for purposes of section 302 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12182 ) if the phone connected to such number is not operational and answered directly by an employee of the gas station retailer during the hours the gas station retailer is open for business to the public. It shall be considered discrimination for purposes of section 302 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12182 ) for a gas station or convenience store that is open for business to the public with two or more attendants on duty to fail to provide gas pumping assistance to a qualified individual with a disability who makes a request for such assistance.
It shall not be considered discrimination for purposes of section 302 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12182 ) for a gas station or convenience store that is open for business to the public with one attendant on duty to fail to provide gas pumping assistance to a qualified individual with a disability who makes a request for such assistance, if such attendant notifies the individual that assistance cannot be provided because there is only one attendant on duty.
Nothing in this section shall prohibit a unit of local government from adopting an ordinance, or enforcing an existing ordinance, that expands the accessibility, safety, or availability of fueling assistance to a motor vehicle operator with a qualified disability. Not later than two years after the date of the enactment of this Act, the Secretary of Transportation and the Attorney General shall each promulgate such regulations as are necessary to ensure compliance with this section.
Not later than six months after the date of the enactment of this Act, the Secretary of Transportation and the Attorney General shall make a graphic example of a decal described in subsection
(a)publicly available at no cost, in downloadable format, on the websites of the Department of Transportation and the Department of Justice, respectively. Such decal shall have a blank area in which a telephone number may be inserted.
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