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Current practice Currently in the US, APS are typically installed upon request along a specific route of travel for a particular individual or group of individuals who are blind or visually impaired. Various states and municipalities have established policies on installation of APS, some of which are not in accord with ADA requirements. Title II of the ADA requires municipalities and states to make their 'programs' accessible. Pedestrian circulation is considered a program, and APS may be necessary to provide access to certain types of intersections. Some municipalities have considered the addition of APS at intersections as part of their ADA transition plan. Requirements The Rehabilitation Act (1973) requires nondiscrimination in all federally assisted programs, services and activities; this means that they are to be available and usable to people with disabilities (Section 504). The ADA requirements for Federal, State and local governments extend and increase the existing requirements in Section 504 of the Rehabilitation Act. The ADA requirements are more stringent and require public facilities to be accessible regardless of the funding source. Title II of the ADA requires municipalities and states to make their 'programs' accessible. Pedestrian circulation is considered a program, and APS may be necessary to provide access to certain types of intersections. Some municipalities have considered the addition of APS at intersections as part of their ADA transition plan. The ADA is a civil rights law, guaranteeing non-discrimination in the provision of public programs and facilities. It requires effective communication with persons with disabilities and, in order to meet this requirement, cities must respond to requests for APS from pedestrians who are blind by providing access to the information provided to sighted pedestrians by visual pedestrian signals if they are present. ADA Accessibility Guidelines are minimum guidelines that must be applied to new construction or reconstruction and to alterations, renovation, or additions. Current Guidelines do not specifically address public rights-of-way or accessible pedestrian signals. (See section below on rulemaking.) However, the lack of guidelines or technical specifications does not alter the obligation to make pedestrian signal information accessible to persons who are unable to see existing pedestrian signals. ADA transition plans Title II requires public entities to take several steps designed to achieve ADA compliance. "A public entity may not deny the benefits of its programs, activities, and services to persons with disabilities because existing facilities are inaccessible.
As part of their compliance with ADA, municipalities should establish a plan to prioritize and make decisions about installation of APS at 'unaltered' intersections:
Draft Public Rights-of-Way Accessibility Guidelines were published on June 17, 2021 for comment. These Draft Guidelines require APS at all newly constructed or reconstructed intersections where visual pedestrian signals are installed. (See US Rules and Regulations Related to APS.) A Notice of Proposed Rulemaking on Public Rights-of-Way, based on the draft is expected to be published by the Access Board in 2003. Prioritizing The following sections provide information about establishing a prioritization plan for installation of APS. The information in the following sections is not intended for application to new or reconstructed intersections; APS should be installed wherever pedestrian signals are installed in new construction or reconstruction projects, in accord with the Draft Public Rights-of-Way Accessibility Guidelines. The ADA does not require wholesale reconstruction and renovation, but it does require municipalities to begin to address and prioritize retrofitting facilities to newer standards. top 
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