[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR37.101]

[Page 397]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 37_TRANSPORTATION SERVICES FOR INDIVIDUALS WITH DISABILITIES (ADA)
--Table of Contents
 
    Subpart E_Acquisition of Accessible Vehicles by Private Entities
 
Sec.  37.101  Purchase or lease of vehicles by private entities not primarily 
engaged in the business of transporting people.


    (a) Application. This section applies to all purchases or leases of 
vehicles by private entities which are not primarily engaged in the 
business of transporting people, in which a solicitation for the vehicle 
is made after August 25, 1990.
    (b) Fixed Route System. Vehicle Capacity Over 16. If the entity 
operates a fixed route system and purchases or leases a vehicle with a 
seating capacity of over 16 passengers (including the driver) for use on 
the system, it shall ensure that the vehicle is readily accessible to 
and usable by individuals with disabilities, including individuals who 
use wheelchairs.
    (c) Fixed Route System. Vehicle Capacity of 16 or Fewer. If the 
entity operates a fixed route system and purchases or leases a vehicle 
with a seating capacity of 16 or fewer passengers (including the driver) 
for use on the system, it shall ensure that the vehicle is readily 
accessible to and usable by individuals with disabilities, including 
individuals who use wheelchairs, unless the system, when viewed in its 
entirety, meets the standard for equivalent service of Sec.  37.105 of 
this part.
    (d) Demand Responsive System, Vehicle Capacity Over 16. If the 
entity operates a demand responsive system, and purchases or leases a 
vehicle with a seating capacity of over 16 passengers (including the 
driver) for use on the system, it shall ensure that the vehicle is 
readily accessible to and usable by individuals with disabilities, 
including individuals who use wheelchairs, unless the system, when 
viewed in its entirety, meets the standard for equivalent service of 
Sec.  37.105 of this part.
    (e) Demand Responsive System, Vehicle Capacity of 16 or Fewer. 
Entities providing demand responsive transportation covered under this 
section are not specifically required to ensure that new vehicles with 
seating capacity of 16 or fewer are accessible to individuals with 
wheelchairs. These entities are required to ensure that their systems, 
when viewed in their entirety, meet the equivalent service requirements 
of Sec. Sec.  37.171 and 37.105, regardless of whether or not the 
entities purchase a new vehicle.

[56 FR 45621, Sept. 6, 1991, as amended at 61 FR 25416, May 21, 1996]