[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR37.37]

[Page 375-376]
 
                        TITLE 49--TRANSPORTATION
 
          SUBTITLE A--OFFICE OF THE SECRETARY OF TRANSPORTATION
 
PART 37--TRANSPORTATION SERVICES FOR INDIVIDUALS WITH DISABILITIES (ADA)--Table of Contents
 
                        Subpart B--Applicability
 
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 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.

[[Page 376]]

    (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.