[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: 49CFR38.91]

[Page 555-556]
 
                        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 E--Commuter Rail Cars and Systems
 
Sec. 38.91  General.


    (a) New, used and remanufactured commuter rail cars, to be 
considered accessible by regulations in part 37 of this title, shall 
comply with this subpart.
    (b) If portions of the car are modified in such 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.
    (c)(1) Commuter rail cars shall comply with Secs. 38.93(d) and 
38.109 of this part for level boarding wherever structurally and 
operationally practicable.

[[Page 556]]

    (2) Where level boarding is not structurally or operationally 
practicable, commuter rail cars shall comply Sec. 38.95 of this part.
    (d) Existing vehicles retrofitted to comply with the ``one-car-per-
train rule'' at Sec. 37.93 of this title shall comply with 
Secs. 38.93(e), 38.95(a) and 38.107 of this part and shall have, in new 
and key stations at least one door on each side from which passengers 
board which complies with Sec. 38.93(d) of this part. Vehicles 
previously designed and manufactured in accordance with the program 
accessibility requirements of section 504 of the Rehabilitation Act of 
1973, or implementing regulations of the Secretary of Transportation 
that were in effect before October 7, 1991; and which can be entered and 
used from stations in which they are to be operated, may be used to 
satisfy the requirements of Sec. 37.93 of this title.