I am the consumer compliance officer of a company that has a large number of ATMs all over the country. While I don't have anything to do with ATMs except to review our compliance with Regulation E, two questions were referred to me to research with regard to ATMS and compliance with the Americans with Disabilities Act and the Bank Protection Act. One of the states where we have machines wants some sort of certification as to our compliance with the two acts.

Can anyone help me to find specific requirements for ATMS as applied to (1) the ADA and (2) the Bank Protection Act?

To my knowledge, all of our ATMS have a raised dot on the #5 key, and have either Braille or raised symbols for the action keys (i.e. "action", "clear", "enter", etc). Based on the sample of machines we have at our office, it looks to me like the machines can be accessed by someone in a wheelchair. Are there any other requirements, and if so, where can I find them? Also, has anyone had any experience with the language needed to "certify" compliance?

Regarding the Bank Protection Act, I assume that the inquiry relates to security safeguards, both physical and technical. I am still researching the specifics on this one, but I was hoping someone could give me a reference to use to shortcut my search.

Thanks.

I don't think you are going to find much on the federal level concerning ATM security. That's why many states have passed their own ATM security laws. Unfortunately, you will have to check with each state to find out what they are unless somebody out there has a central site for that information.

The current ADA requirements have been in place for years. They involve the Braille keypads and height of the ATM. Sorry, I don't have the specs. But the new rules are on the horizon for ADA ATM compliance. The last I heard the DOJ has the rules and they should be in effect, I believe in late 2005. Likely existing machines will be grandfathered. The ATM manufacturers are keeping up on the potential requirements.

Thanks for the information. Gives me something to work with.

From today's ABA Newsbytes (and more is available on their site):

The U.S. Access Board on Monday finalized new design guidelines that cover access for the estimated 54 million Americans with disabilities under the Americans with Disabilities Act. In addition to updating access requirements for a wide range of public and private sector facilities, the new guidelines require that newly installed or upgraded ATMs must be speech-enabled to allow use by sight-impaired customers. "These guidelines are our guarantee that when a building is built or renovated anywhere in the nation, its doors are wide open to our citizens with disabilities," said Jan Tuck, vice chair of the Board. While the guidelines will not become effective until adopted as regulations by the U.S. Justice Department, which is not expected immediately, banks are advised to follow them when installing new or upgraded ATMs.

Andy - just a question from curiosity. While the proposed regulations are not in force, nor are they enforceable at this time, the "suggestion" is that they be incorporated into any new building. How do the regulators view this "suggestion" when doing reviews?

The regulatory agencies that visit banks do not enforce the ADA. They'll say nothing, as far as I know. But you reduce your risk of being sued by individuals or groups.

Do the changes you are talking about include anything about Triple DES Encryption? Or is Triple DES Encryption something altogether different? My boss saw an article in the American Banker and asked me if we were "ok" with this Triple DES Encryption. I don't have a clue what he is asking me about. I am aware of the ADA change that requires ATMs to have voice capabilities when you upgrade or replace but I don't know about this DES thing.

I haven't read it all but cannot imagine that it does. That is a different issue. A search will yield some threads on Triple DES.

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Sorry to be so late in saying thanks for your help. I have been busy with examiners. I do appreciate your help and the articles you attached.