[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: 49CFR37.87]

[Page 385]
 
                        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. 37.87  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]