[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: 49CFR38.111]

[Page 561-562]
 
                        TITLE 49--TRANSPORTATION
 
          SUBTITLE A--OFFICE OF THE SECRETARY OF TRANSPORTATION
 
PART 38--AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITY SPECIFICATIONS FOR TRANSPORTATION VEHICLES--Table of Contents
 
               Subpart F--Intercity Rail Cars and Systems
 
Sec. 38.111  General.


    (a) New, used and remanufactured intercity rail cars, to be 
considered accessible by regulations in part 37 of this title shall 
comply with this subpart to the extent required for each type of car as 
specified below.
    (1) Single-level rail passenger coaches and food service cars (other 
than single-level dining cars) shall comply with Secs. 38.113 through 
38.123 of this part. Compliance with Sec. 38.125 of this part shall be 
required only to the extent necessary to meet the requirements of 
paragraph (d) of this section.
    (2) Single-level dining and lounge cars shall have at least one 
connecting doorway complying with Sec. 38.113(a)(2) of this part 
connected to a car accessible to persons using wheelchairs or mobility 
aids, and at least one space complying with Secs. 38.125(d) (2) and (3) 
of this part, to provide table service to a person who wishes to remain 
in his or her wheelchair, and space to fold and store a wheelchair for a 
person who wishes to transfer to an existing seat.
    (3) Bi-level dining cars shall comply with Secs. 38.113(a)(2), 
38.115(b), 38.117(a), and 38.121 of this part.
    (4) Bi-level lounge cars shall have doors on the lower level, on 
each side of the car from which passengers board, complying with 
Sec. 38.113, a restroom complying with Sec. 38.123, and at least one 
space complying with Sec. 38.125(d) (2) and (3) to provide table service 
to a person who wishes to remain in his or her wheelchair and space to 
fold and store a wheelchair for a person who wishes to transfer to an 
existing seat.
    (5) Restrooms, complying with Sec. 38.123 shall be provided in 
single-level rail passenger coaches and food services cars adjacent to 
the accessible seating locations required by paragraph (d) of this 
section. Accessible restrooms are required in dining and lounge cars 
only if restrooms are provided for other passengers.
    (6) Sleeper cars shall comply with Secs. 38.113 (b) through (d), 
38.115 through 38.121, and 38.125, of this part, and have at least one 
compartment which can be entered and used by a person using a wheelchair 
or mobility aid and complying with Sec. 38.127 of this part.
    (b)(1) If physically and operationally practicable, intercity rail 
cars shall comply with Sec. 38.113(d) of this part for level boarding.
    (2) Where level boarding is not structurally or operationally 
practicable,

[[Page 562]]

intercity rail cars shall comply with Sec. 38.125.
    (c) If portions of the car are modified in a way that it affects or 
could affect accessibility, each such portion shall comply, to the 
extent practicable, with the applicable provisions of this subpart. This 
provision does not require that inaccessible cars be retrofitted with 
lifts, ramps or other boarding devices.
    (d) Passenger coaches or food service cars shall have the number of 
spaces complying with Sec. 38.125(d)(2) of this part and the number of 
spaces complying with Sec. 38.125(d)(3) of this part, as required by 
Sec. 37.91 of this title.
    (e) Existing cars retrofitted to meet the seating requirements of 
Sec. 37.91 of this title shall comply with Sec. 38.113(e), Sec. 38.123, 
Sec. 38.125(d) of this part and shall have at least one door on each 
side from which passengers board complying with Sec. 38.113(d) of this 
part. Existing cars designed and manufactured to be accessible in 
accordance with the Secretary of Transportation regulations implementing 
section 504 of the Rehabilitation Act of 1973 that were in effect before 
October 7, 1991, shall comply with Sec. 38.125(a) of this part.