Unavailable in 1992, blind representatives have in later years demanded that ATMs provide audio output in some fashion in order to make them "accessible to and independently usable by persons with vision impairments." Many banks have chosen to do so. However, the United States District Court For the District of Massachusetts, on 22, February 2005, ruled in the case, Commonwealth of Massachusetts, The National Federation of the Blind, Inc. et al v. E-Trade Access Inc., "The 1991 ADAAG do not mandate or require headphone jacks."  The decision continued, "Accordingly, the remedy of voice-guidance technology, which is not mandated or required by the current DOJ regulations, may not be imposed on the Defendants in this case under the law as it stands. . ."  The plaintiffs have filed additional motions since the decision. 

The Access Board published final revisions to ADAGG on 26 July 2004.  (Go to:  http://www.access-board.gov/adaag/html/adaag.htm#4.34) The revised ADDAG specifically require audible "verification of user input," displayed text and labels, as well as receipt information.  They also include requirements related to keyboard layout and new height and reach requirements. 

However, the Access Board's revised ADAAG have no legal effect for private industry until the Department of Justice adopts them as part of its ADA regulation.  The Department of Justice also determines the applicability of the guidelines to existing facilities.   

On September 30, 2004, DOJ published for comment an advance notice of proposed rulemaking to begin the process of adopting the Access Board's guidelines as part of its regulation.  Specifically, the Department of Justice requested comment on how the revised ADAAG should apply to existing facilities once they go into effect.   

The general rule under ADA is that facilities existing in 1992 had to remove barriers if it was "readily achievable" and provide auxiliary aids and services if not an "undue burden."  The Department of Justice in its advance notice of proposed rulemaking offered three approaches to address how existing facilities must comply with current guidelines: 1) safe harbor for facilities currently compliant; 2 reduced scoping for specified requirements; and 3) exemption from specified requirements.  

The due date for comments was extended from 28 January 2005 to 31 May 2005.  ABA filed comments 26 May 2005, strongly recommending that the Department of Justice provide a safe harbor for existing facilities, including ATMs, that comply with current ADAAG and that in any case, it exempt existing ATMs from the new voice provisions.  ABA also recommended that the Department of Justice provide at least two years between adoption of final regulations and their effective date. The DOJ projects that it will publish a proposed rule in January 2007 and allow a lengthy comment period. 

The new requirements are not expected to be mandatory until at least 2008, if not later.  This should give ATM owners ample time to implement if they take advantage of the advance notice of the requirements and begin plans early. Banks are encouraged to begin complying with the guidelines. 

As expected, the revised guidelines require that ATMs be speech enabled, but they also reflect changes to the proposal that respond to many of ABA's comments. For example, they recognize the technical difficulties in providing "dynamic" information in an audible format and provide appropriate exceptions for dynamic alphabetic information "where voice synthesis cannot be supported."  They also specifically provide that certain information on receipts as well as statements and checks need not be provided orally.  The final guidelines also eliminated many of the keyboard specifications as well as the proposed requirement to provide bills in descending order. The Board at this time is also not applying the requirements to POS terminals. 

ABA has been actively involved in this issue. It submitted comments to the Access Board on its 1999 proposal and testified at Access Board's hearings.  In addition, it brought together the various interested parties, including ATM owners, vendors, networks, software vendors, as well as blind representatives, to attempt to agree on technical as well as legal solutions. While the industry and the blind representatives did not reach a formal agreement, both parties had a better understanding of each other's position.  In addition, technical solutions surfaced.  Ultimately, significant changes were made to make the ATM requirements workable and practical.  ABA also arranged a meeting with Department of Justice staff and industry representatives to discuss the issue. 

Parallel with the revisions to ADAAG are proposed revisions to ANSI- A117, the Accessible and Usable Buildings and Facilities Code. This model code may be adopted by states and local jurisdictions in whole or in part. ABA is a member of the ANSI-A117 Committee. 

The ANSI-A117 Committee completed its latest revision cycle late 2003.  The current version contains ATM provisions that are virtually identical with those in the final ADAAG.  Several attempts to delete the important exceptions to the requirement for audible dynamic information failed.  The ANSI-A117 Committee began in July 2006  the next cycle of revisions.  ABA will continue to try to ensure that the standard, particularly as it applies to ATMs, remain workable and practical.  

For a copy and summary of the ADAAG "draft final," go to /Industry+Issues/ADAAG_April2002.htm.  

For a copy of the Department of Justice's proposed notice of rulemaking, please go to http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-21875.pdf.   

If you have other questions, please contact Nessa Feddis at 202-663-5433 or nfeddis@aba.com.