[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: 49CFR37.71]

[Page 381-382]
 
                        TITLE 49--TRANSPORTATION
 
          SUBTITLE A--OFFICE OF THE SECRETARY OF TRANSPORTATION
 
PART 37--TRANSPORTATION SERVICES FOR INDIVIDUALS WITH DISABILITIES (ADA)--Table of Contents
 
    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.

[[Page 382]]

    (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;
    (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.