[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: 49CFR37.5]

[Page 380]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 37_TRANSPORTATION SERVICES FOR INDIVIDUALS WITH DISABILITIES (ADA)
--Table of Contents
 
                            Subpart A_General
 
Sec.  37.5  Nondiscrimination.

    (a) No entity shall discriminate against an individual with a 
disability in connection with the provision of transportation service.
    (b) Notwithstanding the provision of any special transportation 
service to individuals with disabilities, an entity shall not, on the 
basis of disability, deny to any individual with a disability the 
opportunity to use the entity's transportation service for the general 
public, if the individual is capable of using that service.
    (c) An entity shall not require an individual with a disability to 
use designated priority seats, if the individual does not choose to use 
these seats.
    (d) An entity shall not impose special charges, not authorized by 
this part, on individuals with disabilities, including individuals who 
use wheelchairs, for providing services required by this part or 
otherwise necessary to accommodate them.
    (e) An entity shall not require that an individual with disabilities 
be accompanied by an attendant.
    (f) Private entities that are primarily engaged in the business of 
transporting people and whose operations affect commerce shall not 
discriminate against any individual on the basis of disability in the 
full and equal enjoyment of specified transportation services. This 
obligation includes, with respect to the provision of transportation 
services, compliance with the requirements of the rules of the 
Department of Justice concerning eligibility criteria, making reasonable 
modifications, providing auxiliary aids and services, and removing 
barriers (28 CFR 36.301--36.306).
    (g) An entity shall not refuse to serve an individual with a 
disability or require anything contrary to this part because its 
insurance company conditions coverage or rates on the absence of 
individuals with disabilities or requirements contrary to this part.
    (h) It is not discrimination under this part for an entity to refuse 
to provide service to an individual with disabilities because that 
individual engages in violent, seriously disruptive, or illegal conduct. 
However, an entity shall not refuse to provide service to an individual 
with disabilities solely because the individual's disability results in 
appearance or involuntary behavior that may offend, annoy, or 
inconvenience employees of the entity or other persons.