[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: 49CFR37.23]

[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 B_Applicability
 
Sec.  37.23  Service under contract.

    (a) When a public entity enters into a contractual or other 
arrangement or relationship with a private entity to operate fixed route 
or demand responsive service, the public entity shall ensure that the 
private entity meets the requirements of this part that would apply to 
the public entity if the public entity itself provided the service.
    (b) A private entity which purchases or leases new, used, or 
remanufactured vehicles, or remanufactures vehicles, for use, or in 
contemplation of use, in fixed route or demand responsive service under 
contract or other arrangement or relationship with a public entity, 
shall acquire accessible vehicles in all situations in which the public 
entity itself would be required to do so by this part.

[[Page 384]]

    (c) A public entity which enters into a contractual or other 
arrangement or relationship with a private entity to provide fixed route 
service shall ensure that the percentage of accessible vehicles operated 
by the public entity in its overall fixed route or demand responsive 
fleet is not diminished as a result.
    (d) A private entity that provides fixed route or demand responsive 
transportation service under contract or other arrangement with another 
private entity shall be governed, for purposes of the transportation 
service involved, by the provisions of this part applicable to the other 
entity.