# 169


III-7.5185                              June 6, 1995







The Honorable Paul D. Coverdell
United States Senate
Washington, D.C.  20510-1004

Dear Senator Coverdell:

     This is in response to your letter regarding application of
the Americans with Disabilities Act (ADA) to automatic teller
machines (ATMs).  We apologize for the delay in responding.

     Your letter requests the Department of Justice's position
regarding whether the ADA requires drive-through ATMs to be
accessible to individuals with vision impairments (e.g., by
providing braille keypads).  The ADA Standards for Accessible
Design (Standards), enclosed, require that, when ATMs are
provided, one must be accessible to people with vision
impairments (ADA Standard 4.1.3(20)).  Therefore, if a walk-up
ATM and a drive-through ATM are provided in the same vicinity,
only the walk-up ATM must be accessible to people with vision
impairments.  However, if the only available ATM in an area is a
drive-through, customers on foot, including customers with vision
impairments, may need to use that ATM.  Therefore, that ATM needs
to be accessible to those customers.  In addition, visually-
impaired passengers in vehicles may need to use the drive-through
ATM.

     As required by the statute, 42 U.S.C.  12186(c), the ADA
Standards are based on the ADA Accessibility Guidelines
promulgated by the Architectural and Transportation Barriers
Compliance Board (Access Board).  In determining that one ATM
must be accessible to people with vision impairments, regardless
of whether it is a walk-up or drive-through ATM, the Access Board
specifically noted concerns similar to yours.  Upon consideration
of all the factors, however, the Access Board concluded that the
needs of passengers and pedestrians forced to use a drive-through
ATM justify the accessibility requirement.  See 56 Federal
Register 35440-41 (July 26, 1991), enclosed.

     I hope this letter fully responds to your concerns.

                              Sincerely,




                              Kent Markus
                              Acting Assistant Attorney General

Enclosures