[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: 49CFR37.77]

[Page 383-384]
 
                        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. 37.77  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

[[Page 384]]

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.