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[PDF Version]
[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR37]
[Page 412-501]
TITLE 49--TRANSPORTATION
Subtitle A--Office of the Secretary of Transportation
PART 37_TRANSPORTATION SERVICES FOR INDIVIDUALS WITH DISABILITIES (ADA)
Table of Contents
Subpart A_General
Sec.
37.1 Purpose.
37.3 Definitions.
37.5 Nondiscrimination.
37.7 Standards for accessible vehicles.
37.9 Standards for accessible transportation facilities.
37.11 Administrative enforcement.
37.13 Effective date for certain vehicle specifications.
37.15 Temporary suspension of certain detectable warning requirements.
37.16-37.19 [Reserved]
Subpart B_Applicability
37.21 Applicability: General.
37.23 Service under contract.
37.25 University transportation systems.
37.27 Transportation for elementary and secondary education systems.
37.29 Private entities providing taxi service.
37.31 Vanpools.
37.33 Airport transportation systems.
37.35 Supplemental service for other transportation modes.
37.37 Other applications.
37.39 [Reserved]
Subpart C_Transportation Facilities
37.41 Construction of transportation facilities by public entities.
37.43 Alteration of transportation facilities by public entities.
37.45 Construction and alteration of transportation facilities by
private entities.
37.47 Key stations in light and rapid rail systems.
37.49 Designation of responsible person(s) for intercity and commuter
rail stations.
37.51 Key stations in commuter rail systems.
37.53 Exception for New York and Philadelphia.
37.55 Intercity rail station accessibility.
37.57 Required cooperation.
37.59 Differences in accessibility completion dates.
37.61 Public transportation programs and activities in existing
facilities.
37.63-37.69 [Reserved]
Subpart D_Acquisition of Accessible Vehicles by Public Entities
37.71 Purchase or lease of new non-rail vehicles by public entities
operating fixed route systems.
37.73 Purchase or lease of used non-rail vehicles by public entities
operating fixed route systems.
37.75 Remanufacture of non-rail vehicles and purchase or lease of
remanufactured non-rail vehicles by public entities operating
fixed route systems.
37.77 Purchase or lease of new non-rail vehicles by public entities
operating a demand responsive system for the general public.
37.79 Purchase or lease of new rail vehicles by public entities
operating rapid or light rail systems.
37.81 Purchase or lease of used rail vehicles by public entities
operating rapid or light rail systems.
37.83 Remanufacture of rail vehicles and purchase or lease of
remanufactured rail vehicles by public entities operating
rapid or light rail systems.
37.85 Purchase or lease of new intercity and commuter rail cars.
37.87 Purchase or lease of used intercity and commuter rail cars.
37.89 Remanufacture of intercity and commuter rail cars and purchase or
lease of remanufactured intercity and commuter rail cars.
37.91 Wheelchair locations and food service on intercity rail trains.
37.93 One car per train rule.
37.95 Ferries and other passenger vessels operated by public entities.
[Reserved]
37.97-37.99 [Reserved]
Subpart E_Acquisition of Accessible Vehicles by Private Entities
37.101 Purchase or lease of vehicles by private entities not primarily
engaged in the business of transporting people.
37.103 Purchase or lease of new non-rail vehicles by private entities
primarily engaged in the business of transporting people.
37.105 Equivalent service standard.
37.107 Acquisition of passenger rail cars by private entities primarily
engaged in the business of transporting people.
37.109 Ferries and other passenger vessels operated by private entities.
[Reserved]
37.111-37.119 [Reserved]
[[Page 413]]
Subpart F_Paratransit as a Complement to Fixed Route Service
37.121 Requirement for comparable complementary paratransit service.
37.123 ADA paratransit eligibility: Standards.
37.125 ADA paratransit eligibility: Process.
37.127 Complementary paratransit service for visitors.
37.129 Types of service.
37.131 Service criteria for complementary paratransit.
37.133 Subscription service.
37.135 Submission of paratransit plan.
37.137 Paratransit plan development.
37.139 Plan contents.
37.141 Requirements for a joint paratransit plan.
37.143 Paratransit plan implementation.
37.145 State comment on plans.
37.147 Considerations during FTA review.
37.149 Disapproved plans.
37.151 Waiver for undue financial burden.
37.153 FTA waiver determination.
37.155 Factors in decision to grant an undue financial burden waiver.
37.157-37.159 [Reserved]
Subpart G_Provision of Service
37.161 Maintenance of accessible features: General.
37.163 Keeping vehicle lifts in operative condition: Public entities.
37.165 Lift and securement use.
37.167 Other service requirements.
37.169 Interim requirements for over-the-road bus service operated by
private entities.
37.171 Equivalency requirement for demand responsive service operated by
private entities not primarily engaged in the business of
transporting people.
37.173 Training requirements.
Subpart H_Over-the-Road Buses (OTRBs)
37.181 Applicability dates.
37.183 Purchase or lease of new OTRBs by operators of fixed-route
systems.
37.185 Fleet accessibility requirement for OTRB fixed-route systems of
large operators.
37.187 Interline service.
37.189 Service requirement for OTRB demand-responsive systems.
37.191 Special provision for small mixed-service operators.
37.193 Interim service requirements.
37.195 Purchase or lease of OTRBs by private entities not primarily in
the business of transporting people.
37.197 Remanufactured OTRBs.
37.199 [Reserved]
37.201 Intermediate and rest stops.
37.203 Lift maintenance.
37.205 Additional passengers who use wheelchairs.
37.207 Discriminatory practices.
37.209 Training and other requirements.
37.211 Effect of NHTSA and FHWA safety rules.
37.213 Information collection requirements.
37.215 Review of requirements.
Appendix A to Subpart H of Part 37--Service Request Form
Appendix A to Part 37--Modifications to Standards for Accessible
Transportation Facilities
Appendix B to Part 37--FTA Regional Offices
Appendix C to Part 37--Certifications
Appendix D to Part 37--Construction and Interpretation of Provisions of
49 CFR Part 37
Authority: 42 U.S.C. 12101-12213; 49 U.S.C. 322.
Source: 56 FR 45621, Sept. 6, 1991, unless otherwise noted.
Subpart A_General
Sec. 37.1 Purpose.
The purpose of this part is to implement the transportation and
related provisions of titles II and III of the Americans with
Disabilities Act of 1990.
Sec. 37.3 Definitions.
As used in this part:
Accessible means, with respect to vehicles and facilities, complying
with the accessibility requirements of parts 37 and 38 of this title.
The Act or ADA means the Americans with Disabilities Act of 1990
(Pub. L. 101-336, 104 Stat. 327, 42 U.S.C. 12101-12213 and 47 U.S.C. 225
and 611), as it may be amended from time to time.
Administrator means Administrator of the Federal Transit
Administration, or his or her designee.
Alteration means a change to an existing facility, including, but
not limited to, remodeling, renovation, rehabilitation, reconstruction,
historic restoration, changes or rearrangement in structural parts or
elements, and changes or rearrangement in the plan configuration of
walls and full-height
[[Page 414]]
partitions. Normal maintenance, reroofing, painting or wallpapering,
asbestos removal, or changes to mechanical or electrical systems are not
alterations unless they affect the usability of the building or
facility.
Automated guideway transit system or AGT means a fixed-guideway
transit system which operates with automated (driverless) individual
vehicles or multi-car trains. Service may be on a fixed schedule or in
response to a passenger-activated call button.
Auxiliary aids and services includes:
(1) Qualified interpreters, notetakers, transcription services,
written materials, telephone headset amplifiers, assistive listening
devices, assistive listening systems, telephones compatible with hearing
aids, closed caption decoders, closed and open captioning, text
telephones (also known as telephone devices for the deaf, or TDDs),
videotext displays, or other effective methods of making aurally
delivered materials available to individuals with hearing impairments;
(2) Qualified readers, taped texts, audio recordings, Brailled
materials, large print materials, or other effective methods of making
visually delivered materials available to individuals with visual
impairments;
(3) Acquisition or modification of equipment or devices; or
(4) Other similar services or actions.
Bus means any of several types of self-propelled vehicles, generally
rubber-tired, intended for use on city streets, highways, and busways,
including but not limited to minibuses, forty- and thirty-foot buses,
articulated buses, double-deck buses, and electrically powered trolley
buses, used by public entities to provide designated public
transportation service and by private entities to provide transportation
service including, but not limited to, specified public transportation
services. Self-propelled, rubber-tired vehicles designed to look like
antique or vintage trolleys are considered buses.
Commerce means travel, trade, transportation, or communication among
the several states, between any foreign country or any territory or
possession and any state, or between points in the same state but
through another state or foreign country.
Commuter authority means any state, local, regional authority,
corporation, or other entity established for purposes of providing
commuter rail transportation (including, but not necessarily limited to,
the New York Metropolitan Transportation Authority, the Connecticut
Department of Transportation, the Maryland Department of Transportation,
the Southeastern Pennsylvania Transportation Authority, the New Jersey
Transit Corporation, the Massachusetts Bay Transportation Authority, the
Port Authority Trans-Hudson Corporation, and any successor agencies) and
any entity created by one or more such agencies for the purposes of
operating, or contracting for the operation of, commuter rail
transportation.
Commuter bus service means fixed route bus service, characterized by
service predominantly in one direction during peak periods, limited
stops, use of multi-ride tickets, and routes of extended length, usually
between the central business district and outlying suburbs. Commuter bus
service may also include other service, characterized by a limited route
structure, limited stops, and a coordinated relationship to another mode
of transportation.
Commuter rail car means a rail passenger car obtained by a commuter
authority for use in commuter rail transportation.
Commuter rail transportation means short-haul rail passenger service
operating in metropolitan and suburban areas, whether within or across
the geographical boundaries of a state, usually characterized by reduced
fare, multiple ride, and commutation tickets and by morning and evening
peak period operations. This term does not include light or rapid rail
transportation.
Demand responsive system means any system of transporting
individuals, including the provision of designated public transportation
service by public entities and the provision of transportation service
by private entities, including but not limited to specified public
transportation service, which is not a fixed route system.
[[Page 415]]
Designated public transportation means transportation provided by a
public entity (other than public school transportation) by bus, rail, or
other conveyance (other than transportation by aircraft or intercity or
commuter rail transportation) that provides the general public with
general or special service, including charter service, on a regular and
continuing basis.
Disability means, with respect to an individual, a physical or
mental impairment that substantially limits one or more of the major
life activities of such individual; a record of such an impairment; or
being regarded as having such an impairment.
(1) The phrase physical or mental impairment means--
(i) Any physiological disorder or condition, cosmetic disfigurement,
or anatomical loss affecting one or more of the following body systems:
neurological, musculoskeletal, special sense organs, respiratory
including speech organs, cardiovascular, reproductive, digestive,
genito-urinary, hemic and lymphatic, skin, and endocrine;
(ii) Any mental or psychological disorder, such as mental
retardation, organic brain syndrome, emotional or mental illness, and
specific learning disabilities;
(iii) The term physical or mental impairment includes, but is not
limited to, such contagious or noncontagious diseases and conditions as
orthopedic, visual, speech, and hearing impairments; cerebral palsy,
epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease,
diabetes, mental retardation, emotional illness, specific learning
disabilities, HIV disease, tuberculosis, drug addiction and alcoholism;
(iv) The phrase physical or mental impairment does not include
homosexuality or bisexuality.
(2) The phrase major life activities means functions such as caring
for one's self, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning, and work.
(3) The phrase has a record of such an impairment means has a
history of, or has been misclassified as having, a mental or physical
impairment that substantially limits one or more major life activities.
(4) The phrase is regarded as having such an impairment means--
(i) Has a physical or mental impairment that does not substantially
limit major life activities, but which is treated by a public or private
entity as constituting such a limitation;
(ii) Has a physical or mental impairment that substantially limits a
major life activity only as a result of the attitudes of others toward
such an impairment; or
(iii) Has none of the impairments defined in paragraph (1) of this
definition but is treated by a public or private entity as having such
an impairment.
(5) The term disability does not include--
(i) Transvestism, transsexualism, pedophilia, exhibitionism,
voyeurism, gender identity disorders not resulting from physical
impairments, or other sexual behavior disorders;
(ii) Compulsive gambling, kleptomania, or pyromania;
(iii) Psychoactive substance abuse disorders resulting from the
current illegal use of drugs.
Facility means all or any portion of buildings, structures, sites,
complexes, equipment, roads, walks, passageways, parking lots, or other
real or personal property, including the site where the building,
property, structure, or equipment is located.
Fixed route system means a system of transporting individuals (other
than by aircraft), including the provision of designated public
transportation service by public entities and the provision of
transportation service by private entities, including, but not limited
to, specified public transportation service, on which a vehicle is
operated along a prescribed route according to a fixed schedule.
FT Act means the Federal Transit Act of 1964, as amended (49 U.S.C.
App. 1601 et seq.).
High speed rail means a rail service having the characteristics of
intercity rail service which operates primarily on a dedicated guideway
or track not used, for the most part, by freight, including, but not
limited to, trains on welded rail, magnetically levitated (maglev)
vehicles on a special guideway, or other advanced technology vehicles,
designed to travel at speeds in
[[Page 416]]
excess of those possible on other types of railroads.
Individual with a disability means a person who has a disability,
but does not include an individual who is currently engaging in the
illegal use of drugs, when a public or private entity acts on the basis
of such use.
Intercity rail passenger car means a rail car, intended for use by
revenue passengers, obtained by the National Railroad Passenger
Corporation (Amtrak) for use in intercity rail transportation.
Intercity rail transportation means transportation provided by
Amtrak.
Light rail means a streetcar-type vehicle operated on city streets,
semi-exclusive rights of way, or exclusive rights of way. Service may be
provided by step-entry vehicles or by level boarding.
New vehicle means a vehicle which is offered for sale or lease after
manufacture without any prior use.
Operates includes, with respect to a fixed route or demand
responsive system, the provision of transportation service by a public
or private entity itself or by a person under a contractual or other
arrangement or relationship with the entity.
Over-the-road bus means a bus characterized by an elevated passenger
deck located over a baggage compartment.
Paratransit means comparable transportation service required by the
ADA for individuals with disabilities who are unable to use fixed route
transportation systems.
Private entity means any entity other than a public entity.
Public entity means:
(1) Any state or local government;
(2) Any department, agency, special purpose district, or other
instrumentality of one or more state or local governments; and
(3) The National Railroad Passenger Corporation (Amtrak) and any
commuter authority.
Purchase or lease, with respect to vehicles, means the time at which
an entity is legally obligated to obtain the vehicles, such as the time
of contract execution.
Public school transportation means transportation by schoolbus
vehicles of schoolchildren, personnel, and equipment to and from a
public elementary or secondary school and school-related activities.
Rapid rail means a subway-type transit vehicle railway operated on
exclusive private rights of way with high level platform stations. Rapid
rail also may operate on elevated or at grade level track separated from
other traffic.
Remanufactured vehicle means a vehicle which has been structurally
restored and has had new or rebuilt major components installed to extend
its service life.
Secretary means the Secretary of Transportation or his/her designee.
Section 504 means section 504 of the Rehabilitation Act of 1973
(Pub. L. 93-112, 87 Stat. 394, 29 U.S.C. 794), as amended.
Service animal means any guide dog, signal dog, or other animal
individually trained to work or perform tasks for an individual with a
disability, including, but not limited to, guiding individuals with
impaired vision, alerting individuals with impaired hearing to intruders
or sounds, providing minimal protection or rescue work, pulling a
wheelchair, or fetching dropped items.
Small operator means, in the context of over-the-road buses (OTRBs),
a private entity primarily in the business of transporting people that
is not a Class I motor carrier. To determine whether an operator has
sufficient average annual gross transportation operating revenues to be
a Class I motor carrier, its revenues are combined with those of any
other OTRB operator with which it is affiliated.
Solicitation means the closing date for the submission of bids or
offers in a procurement.
Specified public transportation means transportation by bus, rail,
or any other conveyance (other than aircraft) provided by a private
entity to the general public, with general or special service (including
charter service) on a regular and continuing basis.
Station means, with respect to intercity and commuter rail
transportation, the portion of a property located appurtenant to a right
of way on which intercity or commuter rail transportation is operated,
where such portion
[[Page 417]]
is used by the general public and is related to the provision of such
transportation, including passenger platforms, designated waiting areas,
restrooms, and, where a public entity providing rail transportation owns
the property, concession areas, to the extent that such public entity
exercises control over the selection, design, construction, or
alteration of the property, but this term does not include flag stops
(i.e., stations which are not regularly scheduled stops but at which
trains will stop to board or detrain passengers only on signal or
advance notice).
Transit facility means, for purposes of determining the number of
text telephones needed consistent with section 10.3.1(12) of appendix A
to this part, a physical structure the primary function of which is to
facilitate access to and from a transportation system which has
scheduled stops at the structure. The term does not include an open
structure or a physical structure the primary purpose of which is other
than providing transportation services.
Used vehicle means a vehicle with prior use.
Vanpool means a voluntary commuter ridesharing arrangement, using
vans with a seating capacity greater than 7 persons (including the
driver) or buses, which provides transportation to a group of
individuals traveling directly from their homes to their regular places
of work within the same geographical area, and in which the commuter/
driver does not receive compensation beyond reimbursement for his or her
costs of providing the service.
Vehicle, as the term is applied to private entities, does not
include a rail passenger car, railroad locomotive, railroad freight car,
or railroad caboose, or other rail rolling stock described in section
242 of title III of the Act.
Wheelchair means a mobility aid belonging to any class of three or
four-wheeled devices, usable indoors, designed for and used by
individuals with mobility impairments, whether operated manually or
powered. A ``common wheelchair'' is such a device which does not exceed
30 inches in width and 48 inches in length measured two inches above the
ground, and does not weigh more than 600 pounds when occupied.
[56 FR 45621, Sept. 6, 1991, as amended at 58 FR 63101, Nov. 30, 1993;
61 FR 25415, May 21, 1996; 63 FR 51690, Sept. 28, 1998]
Sec. 37.5 Nondiscrimination.
(a) No entity shall discriminate against an individual with a
disability in connection with the provision of transportation service.
(b) Notwithstanding the provision of any special transportation
service to individuals with disabilities, an entity shall not, on the
basis of disability, deny to any individual with a disability the
opportunity to use the entity's transportation service for the general
public, if the individual is capable of using that service.
(c) An entity shall not require an individual with a disability to
use designated priority seats, if the individual does not choose to use
these seats.
(d) An entity shall not impose special charges, not authorized by
this part, on individuals with disabilities, including individuals who
use wheelchairs, for providing services required by this part or
otherwise necessary to accommodate them.
(e) An entity shall not require that an individual with disabilities
be accompanied by an attendant.
(f) Private entities that are primarily engaged in the business of
transporting people and whose operations affect commerce shall not
discriminate against any individual on the basis of disability in the
full and equal enjoyment of specified transportation services. This
obligation includes, with respect to the provision of transportation
services, compliance with the requirements of the rules of the
Department of Justice concerning eligibility criteria, making reasonable
modifications, providing auxiliary aids and services, and removing
barriers (28 CFR 36.301-36.306).
(g) An entity shall not refuse to serve an individual with a
disability or require anything contrary to this part because its
insurance company conditions coverage or rates on the absence of
individuals with disabilities or requirements contrary to this part.
(h) It is not discrimination under this part for an entity to refuse
to provide
[[Page 418]]
service to an individual with disabilities because that individual
engages in violent, seriously disruptive, or illegal conduct. However,
an entity shall not refuse to provide service to an individual with
disabilities solely because the individual's disability results in
appearance or involuntary behavior that may offend, annoy, or
inconvenience employees of the entity or other persons.
Sec. 37.7 Standards for accessible vehicles.
(a) For purposes of this part, a vehicle shall be considered to be
readily accessible to and usable by individuals with disabilities if it
meets the requirements of this part and the standards set forth in part
38 of this title.
(b)(1) For purposes of implementing the equivalent facilitation
provision in Sec. 38.2 of this subtitle, the following parties may
submit to the Administrator of the applicable operating administration a
request for a determination of equivalent facilitation:
(i) A public or private entity that provides transportation services
and is subject to the provisions of subpart D or subpart E this part; or
(ii) The manufacturer of a vehicle or a vehicle component or
subsystem to be used by such entity to comply with this part.
(2) The requesting party shall provide the following information
with its request:
(i) Entity name, address, contact person and telephone;
(ii) Specific provision of part 38 of this title concerning which
the entity is seeking a determination of equivalent facilitation.
(iii) [Reserved]
(iv) Alternative method of compliance, with demonstration of how the
alternative meets or exceeds the level of accessibility or usability of
the vehicle provided in part 38 of this subtitle; and
(v) Documentation of the public participation used in developing an
alternative method of compliance.
(3) In the case of a request by a public entity that provides
transportation services subject to the provisions of subpart D of this
part, the required public participation shall include the following:
(i) The entity shall contact individuals with disabilities and
groups representing them in the community. Consultation with these
individuals and groups shall take place at all stages of the development
of the request for equivalent facilitation. All documents and other
information concerning the request shall be available, upon request, to
members of the public.
(ii) The entity shall make its proposed request available for public
comment before the request is made final or transmitted to DOT. In
making the request available for public review, the entity shall ensure
that it is available, upon request, in accessible formats.
(iii) The entity shall sponsor at least one public hearing on the
request and shall provide adequate notice of the hearing, including
advertisement in appropriate media, such as newspapers of general and
special interest circulation and radio announcements.
(4) In the case of a request by a private entity that provides
transportation services subject to the provisions of subpart E of this
part or a manufacturer, the private entity or manufacturer shall
consult, in person, in writing, or by other appropriate means, with
representatives of national and local organizations representing people
with those disabilities who would be affected by the request.
(5) A determination of compliance will be made by the Administrator
of the concerned operating administration on a case-by-case basis, with
the concurrence of the Assistant Secretary for Policy and International
Affairs.
(6) Determinations of equivalent facilitation are made only with
respect to vehicles or vehicle components used in the provision of
transportation services covered by subpart D or subpart E of this part,
and pertain only to the specific situation concerning which the
determination is made. Entities shall not cite these determinations as
indicating that a product or method constitute equivalent facilitations
in situations other than those to which the determinations specifically
pertain. Entities shall not claim that a determination of equivalent
facilitation indicates approval or endorsement of any
[[Page 419]]
product or method by the Federal government, the Department of
Transportation, or any of its operating administrations.
(c) Over-the-road buses acquired by public entities (or by a
contractor to a public entity as provided in Sec. 37.23 of this part)
shall comply with Sec. 38.23 and subpart G of part 38 of this title.
[56 FR 45621, Sept. 6, 1991, as amended at 58 FR 63101, Nov. 30, 1993;
61 FR 25416, May 21, 1996]
Sec. 37.9 Standards for accessible transportation facilities.
(a) For purposes of this part, a transportation facility shall be
considered to be readily accessible to and usable by individuals with
disabilities if it meets the requirements of this part and the
requirements set forth in Appendices B and D to 36 CFR part 1191, which
apply to buildings and facilities covered by the Americans with
Disabilities Act, as modified by Appendix A to this part.
(b) Facility alterations begun before January 26, 1992, in a good
faith effort to make a facility accessible to individuals with
disabilities may be used to meet the key station requirements set forth
in Sec. Sec. 37.47 and 37.51 of this part, even if these alterations
are not consistent with the requirements set forth in Appendices B and D
to 36 CFR part 1191 and Appendix A to this part, if the modifications
complied with the Uniform Federal Accessibility Standards (UFAS) or ANSI
A117.1(1980) (American National Standards Specification for Making
Buildings and Facilities Accessible to and Usable by the Physically
Handicapped). This paragraph applies only to alterations of individual
elements and spaces and only to the extent that provisions covering
those elements or spaces are contained in UFAS or ANSI A117.1, as
applicable.
(c) (1) New construction or alterations of buildings or facilities
on which construction has begun, or all approvals for final design have
been received, before November 29, 2006, are not required to be
consistent with the requirements set forth in Appendices B and D to 36
CFR part 1191 and Appendix A to this part, if the construction or
alterations comply with the former Appendix A to this part, as codified
in the October 1, 2006, edition of the Code of Federal Regulations.
(2) Existing buildings and facilities that are not altered after
November 29, 2006, and which comply with the former Appendix A to this
part, are not required to be retrofitted to comply with the requirements
set forth in Appendices B and D to 36 CFR part 1191 and Appendix A to
this part.
(d)(1) For purposes of implementing the equivalent facilitation
provision in ADA Chapter 1, Section 103, of Appendix B to 36 CFR part
1191, the following parties may submit to the Administrator of the
applicable operating administration a request for a determination of
equivalent facilitation:
(i)(A) A public or private entity that provides transportation
facilities subject to the provisions of subpart C of this part, or other
appropriate party with the concurrence of the Administrator.
(B) With respect to airport facilities, an entity that is an airport
operator subject to the requirements of 49 CFR part 27 or regulations
implementing the Americans with Disabilities Act, an air carrier subject
to the requirements of 14 CFR part 382, or other appropriate party with
the concurrence of the Administrator.
(ii) The manufacturer of a product or accessibility feature to be
used in a transportation facility or facilities.
(2) The requesting party shall provide the following information
with its request:
(i) Entity name, address, contact person and telephone;
(ii) Specific provision(s) of Appendices B and D to 36 CFR part 1191
or Appendix A to this part concerning which the entity is seeking a
determination of equivalent facilitation.
(iii) [Reserved]
(iv) Alternative method of compliance, with demonstration of how the
alternative meets or exceeds the level of accessibility or usability
provided in Appendices B and D to 36 CFR part 1191 or Appendix A to this
part; and
(v) Documentation of the public participation used in developing an
alternative method of compliance.
(3) In the case of a request by a public entity that provides
transportation
[[Page 420]]
facilities (including an airport operator), or a request by an air
carrier with respect to airport facilities, the required public
participation shall include the following:
(i) The entity shall contact individuals with disabilities and
groups representing them in the community. Consultation with these
individuals and groups shall take place at all stages of the development
of the request for equivalent facilitation. All documents and other
information concerning the request shall be available, upon request, to
Department of Transportation officials and members of the public.
(ii) The entity shall make its proposed request available for public
comment before the request is made final or transmitted to DOT. In
making the request available for public review, the entity shall ensure
that it is available, upon request, in accessible formats.
(iii) The entity shall sponsor at least one public hearing on the
request and shall provide adequate notice of the hearing, including
advertisement in appropriate media, such as newspapers of general and
special interest circulation and radio announcements.
(4) In the case of a request by a manufacturer or a private entity
other than an air carrier, the manufacturer or private entity shall
consult, in person, in writing, or by other appropriate means, with
representatives of national and local organizations representing people
with those disabilities who would be affected by the request.
(5) A determination of compliance will be made by the Administrator
of the concerned operating administration on a case-by-case basis, with
the concurrence of the Assistant Secretary for Transportation Policy.
(6)(i) Determinations of equivalent facilitation are made only with
respect to transportation facilities, and pertain only to the specific
situation concerning which the determination is made. Provided, however,
that with respect to a product or accessibility feature that the
Administrator determines can provide an equivalent facilitation in a
class of situations, the Administrator may make an equivalent
facilitation determination applying to that class of situations.
(ii) Entities shall not cite these determinations as indicating that
a product or method constitutes equivalent facilitation in situations,
or classes of situations, other than those to which the determinations
specifically pertain.
(iii) Entities shall not claim that a determination of equivalent
facilitation indicates approval or endorsement of any product or method
by the Federal government, the Department of Transportation, or any of
its operating administrations.
[71 FR 63265, Oct. 30, 2006]
Sec. 37.11 Administrative enforcement.
(a) Recipients of Federal financial assistance from the Department
of Transportation are subject to administrative enforcement of the
requirements of this part under the provisions of 49 CFR part 27,
subpart C.
(b) Public entities, whether or not they receive Federal financial
assistance, also are subject to enforcement action as provided by the
Department of Justice.
(c) Private entities, whether or not they receive Federal financial
assistance, are also subject to enforcement action as provided in the
regulations of the Department of Justice implementing title III of the
ADA (28 CFR part 36).
[56 FR 45621, Sept. 6, 1991, as amended at 61 FR 25416, May 21, 1996]
Sec. 37.13 Effective date for certain vehicle specifications.
(a) The vehicle lift specifications identified in Sec. Sec.
38.23(b)(6), 38.83(b)(6), 38.95(b)(6), and 38.125(b)(6) of this title
apply to solicitations for vehicles under this part after January 25,
1992.
(b) The vehicle door height requirements for vehicles over 22 feet
identified in Sec. 38.25(c) of this title apply to solicitations for
vehicles under this part after January 25, 1992.
[56 FR 64215, Dec. 9, 1991]
Sec. 37.15 Temporary suspension of certain detectable warning requirements.
The detectable warning requirements contained in sections 4.7.7,
4.29.5, and
[[Page 421]]
4.29.6 of appendix A to this part are suspended temporarily until July
26, 2001.
[64 FR 64837, 64838, Nov. 23, 1998]
Sec. Sec. 37.16-37.19 [Reserved]
Subpart B_Applicability
Sec. 37.21 Applicability: General.
(a) This part applies to the following entities, whether or not they
receive Federal financial assistance from the Department of
Transportation:
(1) Any public entity that provides designated public transportation
or intercity or commuter rail transportation;
(2) Any private entity that provides specified public
transportation; and
(3) Any private entity that is not primarily engaged in the business
of transporting people but operates a demand responsive or fixed route
system.
(b) For entities receiving Federal financial assistance from the
Department of Transportation, compliance with applicable requirements of
this part is a condition of compliance with section 504 of the
Rehabilitation Act of 1973 and of receiving financial assistance.
(c) Entities to which this part applies also may be subject to ADA
regulations of the Department of Justice (28 CFR parts 35 or 36, as
applicable). The provisions of this part shall be interpreted in a
manner that will make them consistent with applicable Department of
Justice regulations. In any case of apparent inconsistency, the
provisions of this part shall prevail.
Sec. 37.23 Service under contract.
(a) When a public entity enters into a contractual or other
arrangement or relationship with a private entity to operate fixed route
or demand responsive service, the public entity shall ensure that the
private entity meets the requirements of this part that would apply to
the public entity if the public entity itself provided the service.
(b) A private entity which purchases or leases new, used, or
remanufactured vehicles, or remanufactures vehicles, for use, or in
contemplation of use, in fixed route or demand responsive service under
contract or other arrangement or relationship with a public entity,
shall acquire accessible vehicles in all situations in which the public
entity itself would be required to do so by this part.
(c) A public entity which enters into a contractual or other
arrangement or relationship with a private entity to provide fixed route
service shall ensure that the percentage of accessible vehicles operated
by the public entity in its overall fixed route or demand responsive
fleet is not diminished as a result.
(d) A private entity that provides fixed route or demand responsive
transportation service under contract or other arrangement with another
private entity shall be governed, for purposes of the transportation
service involved, by the provisions of this part applicable to the other
entity.
Sec. 37.25 University transportation systems.
(a) Transportation services operated by private institutions of
higher education are subject to the provisions of this part governing
private entities not primarily engaged in the business of transporting
people.
(b) Transportation systems operated by public institutions of higher
education are subject to the provisions of this part governing public
entities. If a public institution of higher education operates a fixed
route system, the requirements of this part governing commuter bus
service apply to that system.
Sec. 37.27 Transportation for elementary and secondary education systems.
(a) The requirements of this part do not apply to public school
transportation.
(b) The requirements of this part do not apply to the transportation
of school children to and from a private elementary or secondary school,
and its school-related activities, if the school is providing
transportation service to students with disabilities equivalent to that
provided to students without disabilities. The test of equivalence is
the same as that provided in Sec. 37.105. If the school does not meet
the requirement of this paragraph for exemption from the requirements of
this part, it is subject to the requirements of this
[[Page 422]]
part for private entities not primarily engaged in transporting people.
[56 FR 45621, Sept. 6, 1991, as amended at 61 FR 25415, May 21, 1996]
Sec. 37.29 Private entities providing taxi service.
(a) Providers of taxi service are subject to the requirements of
this part for private entities primarily engaged in the business of
transporting people which provide demand responsive service.
(b) Providers of taxi service are not required to purchase or lease
accessible automobiles. When a provider of taxi service purchases or
leases a vehicle other than an automobile, the vehicle is required to be
accessible unless the provider demonstrates equivalency as provided in
Sec. 37.105 of this part. A provider of taxi service is not required to
purchase vehicles other than automobiles in order to have a number of
accessible vehicles in its fleet.
(c) Private entities providing taxi service shall not discriminate
against individuals with disabilities by actions including, but not
limited to, refusing to provide service to individuals with disabilities
who can use taxi vehicles, refusing to assist with the stowing of
mobility devices, and charging higher fares or fees for carrying
individuals with disabilities and their equipment than are charged to
other persons.
Sec. 37.31 Vanpools.
Vanpool systems which are operated by public entities, or in which
public entities own or purchase or lease the vehicles, are subject to
the requirements of this part for demand responsive service for the
general public operated by public entities. A vanpool system in this
category is deemed to be providing equivalent service to individuals
with disabilities if a vehicle that an individual with disabilities can
use is made available to and used by a vanpool in which such an
individual chooses to participate.
Sec. 37.33 Airport transportation systems.
(a) Transportation systems operated by public airport operators,
which provide designated public transportation and connect parking lots
and terminals or provide transportation among terminals, are subject to
the requirements of this part for fixed route or demand responsive
systems, as applicable, operated by public entities. Public airports
which operate fixed route transportation systems are subject to the
requirements of this part for commuter bus service operated by public
entities. The provision by an airport of additional accommodations
(e.g., parking spaces in a close-in lot) is not a substitute for meeting
the requirements of this part.
(b) Fixed-route transportation systems operated by public airport
operators between the airport and a limited number of destinations in
the area it serves are subject to the provisions of this part for
commuter bus systems operated by public entities.
(c) Private jitney or shuttle services that provide transportation
between an airport and destinations in the area it serves in a route-
deviation or other variable mode are subject to the requirements of this
part for private entities primarily engaged in the business of
transporting people which provide demand responsive service. They may
meet equivalency requirements by such means as sharing or pooling
accessible vehicles among operators, in a way that ensures the provision
of equivalent service.
Sec. 37.35 Supplemental service for other transportation modes.
(a) Transportation service provided by bus or other vehicle by an
intercity commuter or rail operator, as an extension of or supplement to
its rail service, and which connects an intercity rail station and
limited other points, is subject to the requirements of this part for
fixed route commuter bus service operated by a public entity.
(b) Dedicated bus service to commuter rail systems, with through
ticketing arrangements and which is available only to users of the
commuter rail system, is subject to the requirements of this part for
fixed route commuter bus service operated by a public entity.
Sec. 37.37 Other applications.
(a) A private entity does not become subject to the requirements of
this part for public entities, because it receives
[[Page 423]]
an operating subsidy from, is regulated by, or is granted a franchise or
permit to operate by a public entity.
(b) Shuttle systems and other transportation services operated by
privately-owned hotels, car rental agencies, historical or theme parks,
and other public accommodations are subject to the requirements of this
part for private entities not primarily engaged in the business of
transporting people. Either the requirements for demand responsive or
fixed route service may apply, depending upon the characteristics of
each individual system of transportation.
(c) Conveyances used by members of the public primarily for
recreational purposes rather than for transportation (e.g., amusement
park rides, ski lifts, or historic rail cars or trolleys operated in
museum settings) are not subject to the requirements of this part. Such
conveyances are subject to Department of Justice regulations
implementing title II or title III of the ADA (28 CFR part 35 or 36), as
applicable.
(d) Transportation services provided by an employer solely for its
own employees are not subject to the requirements of this part. Such
services are subject to the regulations of the Equal Employment
Opportunity Commission under title I of the ADA (29 CFR part 1630) and,
with respect to public entities, the regulations of the Department of
Justice under title II of the ADA (28 CFR part 35).
(e) Transportation systems operated by private clubs or
establishments exempted from coverage under title II of the Civil Rights
Act of 1964 (42 U.S.C. 2000-a(e)) or religious organizations or entities
controlled by religious organizations are not subject to the
requirements of this part.
(f) If a parent private company is not primarily engaged in the
business of transporting people, or is not a place of public
accommodation, but a subsidiary company or an operationally distinct
segment of the company is primarily engaged in the business of
transporting people, the transportation service provided by the
subsidiary or segment is subject to the requirements of this part for
private entities primarily engaged in the business of transporting
people.
(g) High-speed rail systems operated by public entities are subject
to the requirements of this part governing intercity rail systems.
(h) Private rail systems providing fixed route or specified public
transportation service are subject to the requirements of Sec. 37.107
with respect to the acquisition of rail passenger cars. Such systems are
subject to the requirements of the regulations of the Department of
Justice implementing title III of the ADA (28 CFR part 36) with respect
to stations and other facilities.
Sec. 37.39 [Reserved]
Subpart C_Transportation Facilities
Sec. 37.41 Construction of transportation facilities by public entities.
(a) A public entity shall construct any new facility to be used in
providing designated public transportation services so that the facility
is readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs. This requirement also applies
to the construction of a new station for use in intercity or commuter
rail transportation. For purposes of this section, a facility or station
is ``new'' if its construction begins (i.e., issuance of notice to
proceed) after January 25, 1992, or, in the case of intercity or
commuter rail stations, after October 7, 1991.
(b) (1) Full compliance with the requirements of this section is not
required where an entity can demonstrate that it is structurally
impracticable to meet the requirements. Full compliance will be
considered structurally impracticable only in those rare circumstances
when the unique characteristics of terrain prevent the incorporation of
accessibility features.
(2) If full compliance with this section would be structurally
impracticable, compliance with this section is required to the extent
that it is not structurally impracticable. In that case, any portion of
the facility that can be made accessible shall be made
[[Page 424]]
accessible to the extent that it is not structurally impracticable.
(3) If providing accessibility in conformance with this section to
individuals with certain disabilities (e.g., those who use wheelchairs)
would be structurally impracticable, accessibility shall nonetheless be
ensured to persons with other types of disabilities (e.g., those who use
crutches or who have sight, hearing, or mental impairments) in
accordance with this section.
[56 FR 45621, Sept. 6, 1991, as amended by 71 FR 63266, Oct. 30, 2006]
Sec. 37.43 Alteration of transportation facilities by public entities.
(a)(1) When a public entity alters an existing facility or a part of
an existing facility used in providing designated public transportation
services in a way that affects or could affect the usability of the
facility or part of the facility, the entity shall make the alterations
(or ensure that the alterations are made) in such a manner, to the
maximum extent feasible, that the altered portions of the facility are
readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs, upon the completion of such
alterations.
(2) When a public entity undertakes an alteration that affects or
could affect the usability of or access to an area of a facility
containing a primary function, the entity shall make the alteration in
such a manner that, to the maximum extent feasible, the path of travel
to the altered area and the bathrooms, telephones, and drinking
fountains serving the altered area are readily accessible to and usable
by individuals with disabilities, including individuals who use
wheelchairs, upon completion of the alterations. Provided, that
alterations to the path of travel, drinking fountains, telephones and
bathrooms are not required to be made readily accessible to and usable
by individuals with disabilities, including individuals who use
wheelchairs, if the cost and scope of doing so would be
disproportionate.
(3) The requirements of this paragraph also apply to the alteration
of existing intercity or commuter rail stations by the responsible
person for, owner of, or person in control of the station.
(4) The requirements of this section apply to any alteration which
begins (i.e., issuance of notice to proceed or work order, as
applicable) after January 25, 1992, or, in the case of intercity and
commuter rail stations, after October 7, 1991.
(b) As used in this section, the phrase to the maximum extent
feasible applies to the occasional case where the nature of an existing
facility makes it impossible to comply fully with applicable
accessibility standards through a planned alteration. In these
circumstances, the entity shall provide the maximum physical
accessibility feasible. Any altered features of the facility or portion
of the facility that can be made accessible shall be made accessible. If
providing accessibility to certain individuals with disabilities (e.g.,
those who use wheelchairs) would not be feasible, the facility shall be
made accessible to individuals with other types of disabilities (e.g.,
those who use crutches, those who have impaired vision or hearing, or
those who have other impairments).
(c) As used in this section, a primary function is a major activity
for which the facility is intended. Areas of transportation facilities
that involve primary functions include, but are not necessarily limited
to, ticket purchase and collection areas, passenger waiting areas, train
or bus platforms, baggage checking and return areas and employment areas
(except those involving non-occupiable spaces accessed only by ladders,
catwalks, crawl spaces, very narrow passageways, or freight (non-
passenger) elevators which are frequented only by repair personnel).
(d) As used in this section, a ``path of travel'' includes a
continuous, unobstructed way of pedestrian passage by means of which the
altered area may be approached, entered, and exited, and which connects
the altered area with an exterior approach (including sidewalks, parking
areas, and streets), an entrance to the facility, and other parts of the
facility. The term also includes the restrooms, telephones, and drinking
fountains serving the altered area. An accessible path of travel may
include walks and sidewalks, curb
[[Page 425]]
ramps and other interior or exterior pedestrian ramps, clear floor paths
through corridors, waiting areas, concourses, and other improved areas,
parking access aisles, elevators and lifts, bridges, tunnels, or other
passageways between platforms, or a combination of these and other
elements.
(e)(1) Alterations made to provide an accessible path of travel to
the altered area will be deemed disproportionate to the overall
alteration when the cost exceeds 20 percent of the cost of the
alteration to the primary function area (without regard to the costs of
accessibility modifications).
(2) Costs that may be counted as expenditures required to provide an
accessible path of travel include:
(i) Costs associated with providing an accessible entrance and an
accessible route to the altered area (e.g., widening doorways and
installing ramps);
(ii) Costs associated with making restrooms accessible (e.g., grab
bars, enlarged toilet stalls, accessible faucet controls);
(iii) Costs associated with providing accessible telephones (e.g.,
relocation of phones to an accessible height, installation of
amplification devices or TDDs);
(iv) Costs associated with relocating an inaccessible drinking
fountain.
(f)(1) When the cost of alterations necessary to make a path of
travel to the altered area fully accessible is disproportionate to the
cost of the overall alteration, then such areas shall be made accessible
to the maximum extent without resulting in disproportionate costs;
(2) In this situation, the public entity should give priority to
accessible elements that will provide the greatest access, in the
following order:
(i) An accessible entrance;
(ii) An accessible route to the altered area;
(iii) At least one accessible restroom for each sex or a single
unisex restroom (where there are one or more restrooms);
(iv) Accessible telephones;
(v) Accessible drinking fountains;
(vi) When possible, other accessible elements (e.g., parking,
storage, alarms).
(g) If a public entity performs a series of small alterations to the
area served by a single path of travel rather than making the
alterations as part of a single undertaking, it shall nonetheless be
responsible for providing an accessible path of travel.
(h)(1) If an area containing a primary function has been altered
without providing an accessible path of travel to that area, and
subsequent alterations of that area, or a different area on the same
path of travel, are undertaken within three years of the original
alteration, the total cost of alteration to the primary function areas
on that path of travel during the preceding three year period shall be
considered in determining whether the cost of making that path of travel
is disproportionate;
(2) For the first three years after January 26, 1992, only
alterations undertaken between that date and the date of the alteration
at issue shall be considered in determining if the cost of providing
accessible features is disproportionate to the overall cost of the
alteration.
(3) Only alterations undertaken after January 26, 1992, shall be
considered in determining if the cost of providing an accessible path of
travel is disproportionate to the overall cost of the alteration.
Sec. 37.45 Construction and alteration of transportation facilities by private entities.
In constructing and altering transit facilities, private entities
shall comply with the regulations of the Department of Justice
implementing Title III of the ADA (28 CFR part 36).
Sec. 37.47 Key stations in light and rapid rail systems.
(a) Each public entity that provides designated public
transportation by means of a light or rapid rail system shall make key
stations on its system readily accessible to and usable by individuals
with disabilities, including individuals who use wheelchairs. This
requirement is separate from and in addition to requirements set forth
in Sec. 37.43 of this part.
(b) Each public entity shall determine which stations on its system
are
[[Page 426]]
key stations. The entity shall identify key stations, using the planning
and public participation process set forth in paragraph (d) of this
section, and taking into consideration the following criteria:
(1) Stations where passenger boardings exceed average station
passenger boardings on the rail system by at least fifteen percent,
unless such a station is close to another accessible station;
(2) Transfer stations on a rail line or between rail lines;
(3) Major interchange points with other transportation modes,
including stations connecting with major parking facilities, bus
terminals, intercity or commuter rail stations, passenger vessel
terminals, or airports;
(4) End stations, unless an end station is close to another
accessible station; and
(5) Stations serving major activity centers, such as employment or
government centers, institutions of higher education, hospitals or other
major health care facilities, or other facilities that are major trip
generators for individuals with disabilities.
(c)(1) Unless an entity receives an extension under paragraph (c)(2)
of this section, the public entity shall achieve accessibility of key
stations as soon as possible, but in no case later than July 26, 1993,
except that an entity is not required to complete installation of
detectable warnings required by section 10.3.2(2) of appendix A to this
part until July 26, 1994.
(2) The FTA Administrator may grant an extension of this completion
date for key station accessibility for a period up to July 26, 2020,
provided that two-thirds of key stations are made accessible by July 26,
2010. Extensions may be granted as provided in paragraph (e) of this
section.
(d) The public entity shall develop a plan for compliance for this
section. The plan shall be submitted to the appropriate FTA regional
office by July 26, 1992. (See appendix B to this part for list.)
(1) The public entity shall consult with individuals with
disabilities affected by the plan. The public entity also shall hold at
least one public hearing on the plan and solicit comments on it. The
plan submitted to FTA shall document this public participation,
including summaries of the consultation with individuals with
disabilities and the comments received at the hearing and during the
comment period. The plan also shall summarize the public entity's
responses to the comments and consultation.
(2) The plan shall establish milestones for the achievement of
required accessibility of key stations, consistent with the requirements
of this section.
(e) A public entity wishing to apply for an extension of the July
26, 1993, deadline for key station accessibility shall include a request
for an extension with its plan submitted to FTA under paragraph (d) of
this section. Extensions may be granted only with respect to key
stations which need extraordinarily expensive structural changes to, or
replacement of, existing facilities (e.g., installations of elevators,
raising the entire passenger platform, or alterations of similar
magnitude and cost). Requests for extensions shall provide for
completion of key station accessibility within the time limits set forth
in paragraph (c) of this section. The FTA Administrator may approve,
approve with conditions, modify, or disapprove any request for an
extension.
[56 FR 45621, Sept. 6, 1991, as amended at 58 FR 63102, Nov. 30, 1993]
Sec. 37.49 Designation of responsible person(s) for intercity and commuter rail stations.
(a) The responsible person(s) designated in accordance with this
section shall bear the legal and financial responsibility for making a
key station accessible in the same proportion as determined under this
section.
(b) In the case of a station more than fifty percent of which is
owned by a public entity, the public entity is the responsible party.
(c) In the case of a station more than fifty percent of which is
owned by a private entity the persons providing commuter or intercity
rail service to the station are the responsible parties, in a proportion
equal to the percentage of all passenger boardings at the station
attributable to the service of each,
[[Page 427]]
over the entire period during which the station is made accessible.
(d) In the case of a station of which no entity owns more than fifty
percent, the owners of the station (other than private entity owners)
and persons providing intercity or commuter rail service to the station
are the responsible persons.
(1) Half the responsibility for the station shall be assumed by the
owner(s) of the station. The owners shall share this responsibility in
proportion to their ownership interest in the station, over the period
during which the station is made accessible.
(2) The person(s) providing commuter or intercity rail service to
the station shall assume the other half of the responsibility. These
persons shall share this responsibility. These persons shall share this
responsibility for the station in a proportion equal to the percentage
of all passenger boardings at the station attributable to the service of
each, over the period during which the station is made accessible.
(e) Persons who must share responsibility for station accessibility
under paragraphs (c) and (d) of this section may, by agreement, allocate
their responsibility in a manner different from that provided in this
section.
Sec. 37.51 Key stations in commuter rail systems.
(a) The responsible person(s) shall make key stations on its system
readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs. This requirement is separate
from and in addition to requirements set forth in Sec. 37.43 of this
part.
(b) Each commuter authority shall determine which stations on its
system are key stations. The commuter authority shall identify key
stations, using the planning and public participation process set forth
in paragraph (d) of this section, and taking into consideration the
following criteria:
(1) Stations where passenger boardings exceed average station
passenger boardings on the rail system by at least fifteen percent,
unless such a station is close to another accessible station;
(2) Transfer stations on a rail line or between rail lines;
(3) Major interchange points with other transportation modes,
including stations connecting with major parking facilities, bus
terminals, intercity or commuter rail stations, passenger vessel
terminals, or airports;
(4) End stations, unless an end station is close to another
accessible station; and
(5) Stations serving major activity centers, such as employment or
government centers, institutions of higher education, hospitals or other
major health care facilities, or other facilities that are major trip
generators for individuals with disabilities.
(c)(1) Except as provided in this paragraph, the responsible
person(s) shall achieve accessibility of key stations as soon as
possible, but in no case later than July 26, 1993, except that an entity
is not required to complete installation of detectable warnings required
by section 10.3.2(2) of appendix A to this part until July 26, 1994.
(2) The FTA Administrator may grant an extension of this deadline
for key station accessibility for a period up to July 26, 2010.
Extensions may be granted as provided in paragraph (e) of this section.
(d) The commuter authority and responsible person(s) for stations
involved shall develop a plan for compliance for this section. This plan
shall be completed and submitted to FTA by July 26, 1992.
(1) The commuter authority and responsible person(s) shall consult
with individuals with disabilities affected by the plan. The commuter
authority and responsible person(s) also shall hold at least one public
hearing on the plan and solicit comments on it. The plan shall document
this public participation, including summaries of the consultation with
individuals with disabilities and the comments received at the hearing
and during the comment period. The plan also shall summarize the
responsible person(s) responses to the comments and consultation.
(2) The plan shall establish milestones for the achievement of
required accessibility of key stations, consistent with the requirements
of this section.
[[Page 428]]
(3) The commuter authority and responsible person(s) of each key
station identified in the plan shall, by mutual agreement, designate a
project manager for the purpose of undertaking the work of making the
key station accessible.
(e) Any commuter authority and/or responsible person(s) wishing to
apply for an extension of the July 26, 1993, deadline for key station
accessibility shall include a request for extension with its plan
submitted to under paragraph (d) of this section. Extensions may be
granted only in a case where raising the entire passenger platform is
the only means available of attaining accessibility or where other
extraordinarily expensive structural changes (e.g., installations of
elevators, or alterations of magnitude and cost similar to installing an
elevator or raising the entire passenger platform) are necessary to
attain accessibility. Requests for extensions shall provide for
completion of key station accessibility within the time limits set forth
in paragraph (c) of this section. The FTA Administrator may approve,
approve with conditions, modify, or disapprove any request for an
extension.
[56 FR 45621, Sept. 6, 1991, as amended at 58 FR 63102, Nov. 30, 1993]
Sec. 37.53 Exception for New York and Philadelphia.
(a) The following agreements entered into in New York, New York, and
Philadelphia, Pennsylvania, contain lists of key stations for the public
entities that are a party to those agreements for those service lines
identified in the agreements. The identification of key stations under
these agreements is deemed to be in compliance with the requirements of
this Subpart.
(1) Settlement Agreement by and among Eastern Paralyzed Veterans
Association, Inc., James J. Peters, Terrance Moakley, and Denise
Figueroa, individually and as representatives of the class of all
persons similarly situated (collectively, ``the EPVA class
representatives''); and Metropolitan Transportation Authority, New York
City Transit Authority, and Manhattan and Bronx Surface Transit
Operating Authority (October 4, 1984).
(2) Settlement Agreement by and between Eastern Paralyzed Veterans
Association of Pennsylvania, Inc., and James J. Peters, individually;
and Dudley R. Sykes, as Commissioner of the Philadelphia Department of
Public Property, and his successors in office and the City of
Philadelphia (collectively ``the City'') and Southeastern Pennsylvania
Transportation Authority (June 28, 1989).
(b) To comply with Sec. Sec. 37.47 (b) and (d) or 37.51 (b) and (d)
of this part, the entities named in the agreements are required to use
their public participation and planning processes only to develop and
submit to the FTA Administrator plans for timely completion of key
station accessibilty, as provided in this subpart.
(c) In making accessible the key stations identified under the
agreements cited in this section, the entities named in the agreements
are subject to the requirements of Sec. 37.9 of this part.
Sec. 37.55 Intercity rail station accessibility.
All intercity rail stations shall be made readily accessible to and
usable by individuals with disabilities, including individuals who use
wheelchairs, as soon as practicable, but in no event later than July 26,
2010. This requirement is separate from and in addition to requirements
set forth in Sec. 37.43 of this part.
Sec. 37.57 Required cooperation.
An owner or person in control of an intercity or commuter rail
station shall provide reasonable cooperation to the responsible
person(s) for that station with respect to the efforts of the
responsible person to comply with the requirements of this subpart.
Sec. 37.59 Differences in accessibility completion dates.
Where different completion dates for accessible stations are
established under this part for a station or portions of a station
(e.g., extensions of different periods of time for a station which
serves both rapid and commuter rail systems), accessibility to the
following elements of the station shall be achieved by the earlier of
the completion dates involved:
[[Page 429]]
(a) Common elements of the station;
(b) Portions of the facility directly serving the rail system with
the earlier completion date; and
(c) An accessible path from common elements of the station to
portions of the facility directly serving the rail system with the
earlier completion date.
Sec. 37.61 Public transportation programs and activities in existing facilities.
(a) A public entity shall operate a designated public transportation
program or activity conducted in an existing facility so that, when
viewed in its entirety, the program or activity is readily accessible to
and usable by individuals with disabilities.
(b) This section does not require a public entity to make structural
changes to existing facilities in order to make the facilities
accessible by individuals who use wheelchairs, unless and to the extent
required by Sec. 37.43 (with respect to alterations) or Sec. Sec.
37.47 or 37.51 of this part (with respect to key stations). Entities
shall comply with other applicable accessibility requirements for such
facilities.
(c) Public entities, with respect to facilities that, as provided in
paragraph (b) of this section, are not required to be made accessible to
individuals who use wheelchairs, are not required to provide to such
individuals services made available to the general public at such
facilities when the individuals could not utilize or benefit from the
services.
Sec. Sec. 37.63-37.69 [Reserved]
Subpart D_Acquisition of Accessible Vehicles By Public Entities
Sec. 37.71 Purchase or lease of new non-rail vehicles by public entities operating fixed route systems.
(a) Except as provided elsewhere in this section, each public entity
operating a fixed route system making a solicitation after August 25,
1990, to purchase or lease a new bus or other new vehicle for use on the
system, shall ensure that the vehicle is readily accessible to and
usable by individuals with disabilities, including individuals who use
wheelchairs.
(b) A pubilc entity may purchase or lease a new bus that is not
readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs, if it applies for, and the
FTA Administrator grants, a waiver as provided for in this section.
(c) Before submitting a request for such a waiver, the public entity
shall hold at least one public hearing concerning the proposed request.
(d) The FTA Administrator may grant a request for such a waiver if
the public entity demonstrates to the FTA Administrator's satisfaction
that--
(1) The initial solicitation for new buses made by the public entity
specified that all new buses were to be lift-equipped and were to be
otherwise accessible to and usable by individuals with disabilities;
(2) Hydraulic, electromechanical, or other lifts for such new buses
could not be provided by any qualified lift manufacturer to the
manufacturer of such new buses in sufficient time to comply with the
solicitation; and
(3) Any further delay in purchasing new buses equipped with such
necessary lifts would significantly impair transportation services in
the community served by the public entity.
(e) The public entity shall include with its waiver request a copy
of the initial solicitation and written documentation from the bus
manufacturer of its good faith efforts to obtain lifts in time to comply
with the solicitation, and a full justification for the assertion that
the delay in bus procurement needed to obtain a lift-equipped bus would
significantly impair transportation services in the community. This
documentation shall include a specific date at which the lifts could be
supplied, copies of advertisements in trade publications and inquiries
to trade associations seeking lifts, and documentation of the public
hearing.
(f) Any waiver granted by the FTA Administrator under this section
shall be subject to the following conditions:
(1) The waiver shall apply only to the particular bus delivery to
which the waiver request pertains;
[[Page 430]]
(2) The waiver shall include a termination date, which will be based
on information concerning when lifts will become available for
installation on the new buses the public entity is purchasing. Buses
delivered after this date, even though procured under a solicitation to
which a waiver applied, shall be equipped with lifts;
(3) Any bus obtained subject to the waiver shall be capable of
accepting a lift, and the public entity shall install a lift as soon as
one becomes available;
(4) Such other terms and conditions as the FTA Administrator may
impose.
(g)(1) When the FTA Administrator grants a waiver under this
section, he/she shall promptly notify the appropriate committees of
Congress.
(2) If the FTA Administrator has reasonable cause to believe that a
public entity fraudulently applied for a waiver under this section, the
FTA Administrator shall:
(i) Cancel the waiver if it is still in effect; and
(ii) Take other appropriate action.
Sec. 37.73 Purchase or lease of used non-rail vehicles by public entities operating fixed route systems.
(a) Except as provided elsewhere in this section, each public entity
operating a fixed route system purchasing or leasing, after August 25,
1990, a used bus or other used vehicle for use on the system, shall
ensure that the vehicle is readily accessible to and usable by
individuals with disabilities, including individuals who use
wheelchairs.
(b) A public entity may purchase or lease a used vehicle for use on
its fixed route system that is not readily accessible to and usable by
individuals with disabilities if, after making demonstrated good faith
efforts to obtain an accessible vehicle, it is unable to do so.
(c) Good faith efforts shall include at least the following steps:
(1) An initial solicitation for used vehicles specifying that all
used vehicles are to be lift-equipped and otherwise accessible to and
usable by individuals with disabilities, or, if an initial solicitation
is not used, a documented communication so stating;
(2) A nationwide search for accessible vehicles, involving specific
inquiries to used vehicle dealers and other transit providers; and
(3) Advertising in trade publications and contacting trade
associations.
(d) Each public entity purchasing or leasing used vehicles that are
not readily accessible to and usable by individuals with disabilities
shall retain documentation of the specific good faith efforts it made
for three years from the date the vehicles were purchased. These records
shall be made available, on request, to the FTA Administrator and the
public.
Sec. 37.75 Remanufacture of non-rail vehicles and purchase or lease of remanufactured non-rail vehicles by public entities operating fixed route systems.
(a) This section applies to any public entity operating a fixed
route system which takes one of the following actions:
(1) After August 25, 1990, remanufactures a bus or other vehicle so
as to extend its useful life for five years or more or makes a
solicitation for such remanufacturing; or
(2) Purchases or leases a bus or other vehicle which has been
remanufactured so as to extend its useful life for five years or more,
where the purchase or lease occurs after August 25, 1990, and during the
period in which the useful life of the vehicle is extended.
(b) Vehicles acquired through the actions listed in paragraph (a) of
this section shall, to the maximum extent feasible, be readily
accessible to and usable by individuals with disabilities, including
individuals who use wheelchairs.
(c) For purposes of this section, it shall be considered feasible to
remanufacture a bus or other motor vehicle so as to be readily
accessible to and usable by individuals with disabilities, including
individuals who use wheelchairs, unless an engineering analysis
demonstrates that including accessibility features required by this part
would have a significant adverse effect on the structural integrity of
the vehicle.
(d) If a public entity operates a fixed route system, any segment of
which is included on the National Register of Historic Places, and if
making a vehicle of historic character used solely on
[[Page 431]]
such segment readily accessible to and usable by individuals with
disabilities would significantly alter the historic character of such
vehicle, the public entity has only to make (or purchase or lease a
remanufactured vehicle with) those modifications to make the vehicle
accessible which do not alter the historic character of such vehicle, in
consultation with the National Register of Historic Places.
(e) A public entity operating a fixed route system as described in
paragraph (d) of this section may apply in writing to the FTA
Administrator for a determination of the historic character of the
vehicle. The FTA Administrator shall refer such requests to the National
Register of Historic Places, and shall rely on its advice in making
determinations of the historic character of the vehicle.
Sec. 37.77 Purchase or lease of new non-rail vehicles by public entities operating a demand responsive system for the general public.
(a) Except as provided in this section, a public entity operating a
demand responsive system for the general public making a solicitation
after August 25, 1990, to purchase or lease a new bus or other new
vehicle for use on the system, shall ensure that the vehicle is readily
accessible to and usable by individuals with disabilities, including
individuals who use wheelchairs.
(b) If the system, when viewed in its entirety, provides a level of
service to individuals with disabilities, including individuals who use
wheelchairs, equivalent to the level of service it provides to
individuals without disabilities, it may purchase new vehicles that are
not readily accessible to and usable by individuals with disabilities.
(c) For purposes of this section, a demand responsive system, when
viewed in its entirety, shall be deemed to provide equivalent service if
the service available to individuals with disabilities, including
individuals who use wheelchairs, is provided in the most integrated
setting appropriate to the needs of the individual and is equivalent to
the service provided other individuals with respect to the following
service characteristics:
(1) Response time;
(2) Fares;
(3) Geographic area of service;
(4) Hours and days of service;
(5) Restrictions or priorities based on trip purpose;
(6) Availability of information and reservations capability; and
(7) Any constraints on capacity or service availability.
(d) A public entity receiving FTA funds under section 18 or a public
entity in a small urbanized area which receives FTA funds under Section
9 from a state administering agency rather than directly from FTA, which
determines that its service to individuals with disabilities is
equivalent to that provided other persons shall, before any procurement
of an inaccessible vehicle, file with the appropriate state program
office a certificate that it provides equivalent service meeting the
standards of paragraph (c) of this section. Public entities operating
demand responsive service receiving funds under any other section of the
FT Act shall file the certificate with the appropriate FTA regional
office. A public entity which does not receive FTA funds shall make such
a certificate and retain it in its files, subject to inspection on
request of FTA. All certificates under this paragraph may be made and
filed in connection with a particular procurement or in advance of a
procurement; however, no certificate shall be valid for more than one
year. A copy of the required certificate is found in appendix C to this
part.
(e) The waiver mechanism set forth in Sec. 37.71(b)-(g)
(unavailability of lifts) of this subpart shall also be available to
public entities operating a demand responsive system for the general
public.
Sec. 37.79 Purchase or lease of new rail vehicles by public entities operating rapid or light rail systems.
Each public entity operating a rapid or light rail system making a
solicitation after August 25, 1990, to purchase or lease a new rapid or
light rail vehicle for use on the system shall ensure that the vehicle
is readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs.
[[Page 432]]
Sec. 37.81 Purchase or lease of used rail vehicles by public entities operating rapid or light rail systems.
(a) Except as provided elsewhere in this section, each public entity
operating a rapid or light rail system which, after August 25, 1990,
purchases or leases a used rapid or light rail vehicle for use on the
system shall ensure that the vehicle is readily accessible to and usable
by individuals with disabilities, including individuals who use
wheelchairs.
(b) A public entity may purchase or lease a used rapid or light rail
vehicle for use on its rapid or light rail system that is not readily
accessible to and usable by individuals if, after making demonstrated
good faith efforts to obtain an accessible vehicle, it is unable to do
so.
(c) Good faith efforts shall include at least the following steps:
(1) The initial solicitation for used vehicles made by the public
entity specifying that all used vehicles were to be accessible to and
usable by individuals with disabilities, or, if a solicitation is not
used, a documented communication so stating;
(2) A nationwide search for accessible vehicles, involving specific
inquiries to manufacturers and other transit providers; and
(3) Advertising in trade publications and contacting trade
associations.
(d) Each public entity purchasing or leasing used rapid or light
rail vehicles that are not readily accessible to and usable by
individuals with disabilities shall retain documentation of the specific
good faith efforts it made for three years from the date the vehicles
were purchased. These records shall be made available, on request, to
the FTA Administrator and the public.
Sec. 37.83 Remanufacture of rail vehicles and purchase or lease of remanufactured rail vehicles by public entities operating rapid or light rail systems.
(a) This section applies to any public entity operating a rapid or
light rail system which takes one of the following actions:
(1) After August 25, 1990, remanufactures a light or rapid rail
vehicle so as to extend its useful life for five years or more or makes
a solicitation for such remanufacturing;
(2) Purchases or leases a light or rapid rail vehicle which has been
remanufactured so as to extend its useful life for five years or more,
where the purchase or lease occurs after August 25, 1990, and during the
period in which the useful life of the vehicle is extended.
(b) Vehicles acquired through the actions listed in paragraph (a) of
this section shall, to the maximum extent feasible, be readily
accessible to and usable by individuals with disabilities, including
individuals who use wheelchairs.
(c) For purposes of this section, it shall be considered feasible to
remanufacture a rapid or light rail vehicle so as to be readily
accessible to and usable by individuals with disabilities, including
individuals who use wheelchairs, unless an engineering analysis
demonstrates that doing so would have a significant adverse effect on
the structural integrity of the vehicle.
(d) If a public entity operates a rapid or light rail system any
segment of which is included on the National Register of Historic Places
and if making a rapid or light rail vehicle of historic character used
solely on such segment readily accessible to and usable by individuals
with disabilities would significantly alter the historic character of
such vehicle, the public entity need only make (or purchase or lease a
remanufactured vehicle with) those modifications that do not alter the
historic character of such vehicle.
(e) A public entity operating a fixed route system as described in
paragraph (d) of this section may apply in writing to the FTA
Administrator for a determination of the historic character of the
vehicle. The FTA Administrator shall refer such requests to the National
Register of Historic Places and shall rely on its advice in making a
determination of the historic character of the vehicle.
Sec. 37.85 Purchase or lease of new intercity and commuter rail cars.
Amtrak or a commuter authority making a solicitation after August
25, 1990, to purchase or lease a new intercity or commuter rail car for
use on
[[Page 433]]
the system shall ensure that the vehicle is readily accessible to and
usable by individuals with disabilities, including individuals who use
wheelchairs.
Sec. 37.87 Purchase or lease of used intercity and commuter rail cars.
(a) Except as provided elsewhere in this section, Amtrak or a
commuter authority purchasing or leasing a used intercity or commuter
rail car after August 25, 1990, shall ensure that the car is readily
accessible to and usable by individuals with disabilities, including
individuals who use wheelchairs.
(b) Amtrak or a commuter authority may purchase or lease a used
intercity or commuter rail car that is not readily accessible to and
usable by individuals if, after making demonstrated good faith efforts
to obtain an accessible vehicle, it is unable to do so.
(c) Good faith efforts shall include at least the following steps:
(1) An initial solicitation for used vehicles specifying that all
used vehicles accessible to and usable by individuals with disabilities;
(2) A nationwide search for accessible vehicles, involving specific
inquiries to used vehicle dealers and other transit providers; and
(3) Advertising in trade publications and contacting trade
associations.
(d) When Amtrak or a commuter authority leases a used intercity or
commuter rail car for a period of seven days or less, Amtrak or the
commuter authority may make and document good faith efforts as provided
in this paragraph instead of in the ways provided in paragraph (c) of
this section:
(1) By having and implementing, in its agreement with any intercity
railroad or commuter authority that serves as a source of used intercity
or commuter rail cars for a lease of seven days or less, a provision
requiring that the lessor provide all available accessible rail cars
before providing any inaccessible rail cars.
(2) By documenting that, when there is more than one source of
intercity or commuter rail cars for a lease of seven days or less, the
lessee has obtained all available accessible intercity or commuter rail
cars from all sources before obtaining inaccessible intercity or
commuter rail cars from any source.
(e) Amtrak and commuter authorities purchasing or leasing used
intercity or commuter rail cars that are not readily accessible to and
usable by individuals with disabilities shall retain documentation of
the specific good faith efforts that were made for three years from the
date the cars were purchased. These records shall be made available, on
request, to the Federal Railroad Administration or FTA Administrator, as
applicable. These records shall be made available to the public, on
request.
[56 FR 45621, Sept. 6, 1991, as amended at 58 FR 63102, Nov. 30, 1993]
Sec. 37.89 Remanufacture of intercity and commuter rail cars and purchase or lease of remanufactured intercity and commuter rail cars.
(a) This section applies to Amtrak or a commuter authority which
takes one of the following actions:
(1) Remanufactures an intercity or commuter rail car so as to extend
its useful life for ten years or more;
(2) Purchases or leases an intercity or commuter rail car which has
been remanufactured so as to extend its useful life for ten years or
more.
(b) Intercity and commuter rail cars listed in paragraph (a) of this
section shall, to the maximum extent feasible, be readily accessible to
and usable by individuals with disabilities, including individuals who
use wheelchairs.
(c) For purposes of this section, it shall be considered feasible to
remanufacture an intercity or commuter rail car so as to be readily
accessible to and usable by individuals with disabilities, including
individuals who use wheelchairs, unless an engineering analysis
demonstrates that remanufacturing the car to be accessible would have a
significant adverse effect on the structural integrity of the car.
Sec. 37.91 Wheelchair locations and food service on intercity rail trains.
(a) As soon as practicable, but in no event later than July 26,
1995, each person providing intercity rail service shall provide on each
train a number of spaces--
(1) To park wheelchairs (to accommodate individuals who wish to
remain in their wheelchairs) equal to not less
[[Page 434]]
than one half of the number of single level rail passenger coaches in
the train; and
(2) To fold and store wheelchairs (to accommodate individuals who
wish to transfer to coach seats) equal to not less than one half the
number of single level rail passenger coaches in the train.
(b) As soon as practicable, but in no event later than July 26,
2000, each person providing intercity rail service shall provide on each
train a number of spaces--
(1) To park wheelchairs (to accommodate individuals who wish to
remain in their wheelchairs) equal to not less than the total number of
single level rail passenger coaches in the train; and
(2) To fold and store wheelchairs (to accommodate individuals who
wish to transfer to coach seats) equal to not less than the total number
of single level rail passenger coaches in the train.
(c) In complying with paragraphs (a) and (b) of this section, a
person providing intercity rail service may not provide more than two
spaces to park wheelchairs nor more than two spaces to fold and store
wheelchairs in any one coach or food service car.
(d) Unless not practicable, a person providing intercity rail
transportation shall place an accessible car adjacent to the end of a
single level dining car through which an individual who uses a
wheelchair may enter.
(e) On any train in which either a single level or bi-level dining
car is used to provide food service, a person providing intercity rail
service shall provide appropriate aids and services to ensure that
equivalent food service is available to individuals with disabilities,
including individuals who use wheelchairs, and to passengers traveling
with such individuals. Appropriate auxiliary aids and services include
providing a hard surface on which to eat.
(f) This section does not require the provision of securement
devices on intercity rail cars.
Sec. 37.93 One car per train rule.
(a) The definition of accessible for purposes of meeting the one car
per train rule is spelled out in the applicable subpart for each
transportation system type in part 38 of this title.
(b) Each person providing intercity rail service and each commuter
rail authority shall ensure that, as soon as practicable, but in no
event later than July 26, 1995, that each train has one car that is
readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs.
(c) Each public entity providing light or rapid rail service shall
ensure that each train, consisting of two or more vehicles, includes at
least one car that is readily accessible to and usable by individuals
with disabilities, including individuals who use wheelchairs, as soon as
practicable but in no case later than July 25, 1995.
Sec. 37.95 Ferries and other passenger vessels operated by public entities. [Reserved]
Sec. Sec. 37.97-37.99 [Reserved]
Subpart E_Acquisition of Accessible Vehicles by Private Entities
Sec. 37.101 Purchase or lease of vehicles by private entities not primarily engaged in the business of transporting people.
(a) Application. This section applies to all purchases or leases of
vehicles by private entities which are not primarily engaged in the
business of transporting people, in which a solicitation for the vehicle
is made after August 25, 1990.
(b) Fixed Route System. Vehicle Capacity Over 16. If the entity
operates a fixed route system and purchases or leases a vehicle with a
seating capacity of over 16 passengers (including the driver) for use on
the system, it shall ensure that the vehicle is readily accessible to
and usable by individuals with disabilities, including individuals who
use wheelchairs.
(c) Fixed Route System. Vehicle Capacity of 16 or Fewer. If the
entity operates a fixed route system and purchases or leases a vehicle
with a seating capacity of 16 or fewer passengers (including the driver)
for use on the system, it shall ensure that the vehicle is readily
accessible to and usable by individuals
[[Page 435]]
with disabilities, including individuals who use wheelchairs, unless the
system, when viewed in its entirety, meets the standard for equivalent
service of Sec. 37.105 of this part.
(d) Demand Responsive System, Vehicle Capacity Over 16. If the
entity operates a demand responsive system, and purchases or leases a
vehicle with a seating capacity of over 16 passengers (including the
driver) for use on the system, it shall ensure that the vehicle is
readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs, unless the system, when
viewed in its entirety, meets the standard for equivalent service of
Sec. 37.105 of this part.
(e) Demand Responsive System, Vehicle Capacity of 16 or Fewer.
Entities providing demand responsive transportation covered under this
section are not specifically required to ensure that new vehicles with
seating capacity of 16 or fewer are accessible to individuals with
wheelchairs. These entities are required to ensure that their systems,
when viewed in their entirety, meet the equivalent service requirements
of Sec. Sec. 37.171 and 37.105, regardless of whether or not the
entities purchase a new vehicle.
[56 FR 45621, Sept. 6, 1991, as amended at 61 FR 25416, May 21, 1996]
Sec. 37.103 Purchase or lease of new non-rail vehicles by private entities primarily engaged in the business of transporting people.
(a) Application. This section applies to all acquisitions of new
vehicles by private entities which are primarily engaged in the business
of transporting people and whose operations affect commerce, in which a
solicitation for the vehicle is made (except as provided in paragraph
(d) of this section) after August 25, 1990.
(b) Fixed route systems. If the entity operates a fixed route
system, and purchases or leases a new vehicle other than an automobile,
a van with a seating capacity of less than eight persons (including the
driver), or an over-the-road bus, it shall ensure that the vehicle is
readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs.
(c) Demand responsive systems. If the entity operates a demand
responsive system, and purchases or leases a new vehicle other than an
automobile, a van with a seating capacity of less than eight persons
(including the driver), or an over-the-road bus, it shall ensure that
the vehicle is readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs, unless the
system, when viewed in its entirety, meets the standard for equivalent
service of Sec. 37.105 of this part.
(d) Vans with a capacity of fewer than 8 persons. If the entity
operates either a fixed route or demand responsive system, and purchases
or leases a new van with a seating capacity of fewer than eight persons
including the driver (the solicitation for the vehicle being made after
February 25, 1992), the entity shall ensure that the vehicle is readily
accessible to and usable by individuals with disabilities, including
individuals who use wheelchairs, unless the system, when viewed in its
entirety, meets the standard for equivalent service of Sec. 37.105 of
this part.
Sec. 37.105 Equivalent service standard.
For purposes of Sec. Sec. 37.101 and 37.103 of this part, a fixed
route system or demand responsive system, when viewed in its entirety,
shall be deemed to provide equivalent service if the service available
to individuals with disabilities, including individuals who use
wheelchairs, is provided in the most integrated setting appropriate to
the needs of the individual and is equivalent to the service provided
other individuals with respect to the following service characteristics:
(a) (1) Schedules/headways (if the system is fixed route);
(2) Response time (if the system is demand responsive);
(b) Fares;
(c) Geographic area of service;
(d) Hours and days of service;
(e) Availability of information;
(f) Reservations capability (if the system is demand responsive);
(g) Any constraints on capacity or service availability;
(h) Restrictions priorities based on trip purpose (if the system is
demand responsive).
[[Page 436]]
Sec. 37.107 Acquisition of passenger rail cars by private entities primarily engaged in the business of transporting people.
(a) A private entity which is primarily engaged in the business of
transporting people and whose operations affect commerce, which makes a
solicitation after February 25, 1992, to purchase or lease a new rail
passenger car to be used in providing specified public transportation,
shall ensure that the car is readily accessible to, and usable by,
individuals with disabilities, including individuals who use
wheelchairs. The accessibility standards in part 38 of this title which
apply depend upon the type of service in which the car will be used.
(b) Except as provided in paragraph (c) of this section, a private
entity which is primarily engaged in transporting people and whose
operations affect commerce, which remanufactures a rail passenger car to
be used in providing specified public transportation to extend its
useful life for ten years or more, or purchases or leases such a
remanufactured rail car, shall ensure that the rail car, to the maximum
extent feasible, is made readily accessible to and usable by individuals
with disabilities, including individuals who use wheelchairs. For
purposes of this paragraph, it shall be considered feasible to
remanufacture a rail passenger car to be readily accessible to and
usable by individuals with disabilities, including individuals who use
wheelchairs, unless an engineering analysis demonstrates that doing so
would have a significant adverse effect on the structural integrity of
the car.
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