[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: 49CFR37.81]

[Page 394]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 37_TRANSPORTATION SERVICES FOR INDIVIDUALS WITH DISABILITIES (ADA)
--Table of Contents
 
     Subpart D_Acquisition of Accessible Vehicles By Public Entities
 
Sec.  37.81  Purchase or lease of used rail vehicles by public entities 
operating rapid or light rail systems.

    (a) Except as provided elsewhere in this section, each public entity 
operating a rapid or light rail system which, after August 25, 1990, 
purchases or leases a used rapid or light rail vehicle for use on the 
system shall ensure that the vehicle is readily accessible to and usable 
by individuals with disabilities, including individuals who use 
wheelchairs.
    (b) A public entity may purchase or lease a used rapid or light rail 
vehicle for use on its rapid or light rail system that is not readily 
accessible to and usable by individuals if, after making demonstrated 
good faith efforts to obtain an accessible vehicle, it is unable to do 
so.
    (c) Good faith efforts shall include at least the following steps:
    (1) The initial solicitation for used vehicles made by the public 
entity specifying that all used vehicles were to be accessible to and 
usable by individuals with disabilities, or, if a solicitation is not 
used, a documented communication so stating;
    (2) A nationwide search for accessible vehicles, involving specific 
inquiries to manufacturers and other transit providers; and
    (3) Advertising in trade publications and contacting trade 
associations.
    (d) Each public entity purchasing or leasing used rapid or light 
rail vehicles that are not readily accessible to and usable by 
individuals with disabilities shall retain documentation of the specific 
good faith efforts it made for three years from the date the vehicles 
were purchased. These records shall be made available, on request, to 
the FTA Administrator and the public.