Office of the Secretary of Transportation § 37.3

37.125 ADA paratransit eligibility: Process. APPENDIX A TO SUBPART H OF PART 37—SERV- 37.127 Complementary paratransit service ICE REQUEST FORM for visitors. APPENDIX A TO PART 37—MODIFICATIONS TO 37.129 Types of service. STANDARDS FOR ACCESSIBLE TRANSPOR- 37.131 Service criteria for complementary TATION FACILITIES paratransit. APPENDIX B TO PART 37—FTA REGIONAL OF- 37.133 Subscription service. FICES 37.135 Submission of paratransit plan. APPENDIX C TO PART 37—CERTIFICATIONS 37.137 Paratransit plan development. APPENDIX D TO PART 37—CONSTRUCTION AND 37.139 Plan contents. INTERPRETATION OF PROVISIONS OF 49 CFR 37.141 Requirements for a joint paratransit PART 37 plan. AUTHORITY: 42 U.S.C. 12101–12213; 49 U.S.C. 37.143 Paratransit plan implementation. 322. 37.145 State comment on plans. SOURCE: 56 FR 45621, Sept. 6, 1991, unless 37.147 Considerations during FTA review. otherwise noted. 37.149 Disapproved plans. 37.151 Waiver for undue financial burden. 37.153 FTA waiver determination. Subpart A—General 37.155 Factors in decision to grant an undue financial burden waiver. § 37.1 Purpose. 37.157–37.159 [Reserved] The purpose of this part is to imple- ment the transportation and related Subpart G—Provision of Service provisions of titles II and III of the 37.161 Maintenance of accessible features: Americans with Disabilities Act of General. 1990. 37.163 Keeping vehicle lifts in operative con- dition: Public entities. § 37.3 Definitions. 37.165 Lift and securement use. As used in this part: 37.167 Other service requirements. Accessible means, with respect to ve- 37.169 [Reserved] hicles and facilities, complying with 37.171 Equivalency requirement for demand responsive service operated by private the accessibility requirements of parts entities not primarily engaged in the 37 and 38 of this title. business of transporting people. The Act or ADA means the Americans 37.173 Training requirements. with Disabilities Act of 1990 (Pub. L. 101–336, 104 Stat. 327, 42 U.S.C. 12101– Subpart H—Over-the-Road Buses (OTRBs) 12213 and 47 U.S.C. 225 and 611), as it may be amended from time to time. 37.181 Applicability dates. Administrator means Administrator of 37.183 Purchase or lease of new OTRBs by operators of fixed-route systems. the Federal Transit Administration, or 37.185 Fleet accessibility requirement for his or her designee. OTRB fixed-route systems of large opera- Alteration means a change to an ex- tors. isting facility, including, but not lim- 37.187 Interline service. ited to, remodeling, renovation, reha- 37.189 Service requirement for OTRB de- bilitation, reconstruction, historic res- mand-responsive systems. toration, changes or rearrangement in 37.191 Special provision for small mixed- structural parts or elements, and service operators. changes or rearrangement in the plan 37.193 Interim service requirements. configuration of walls and full-height 37.195 Purchase or lease of OTRBs by pri- vate entities not primarily in the busi- partitions. Normal maintenance, re- ness of transporting people. roofing, painting or wallpapering, as- 37.197 Remanufactured OTRBs. bestos removal, or changes to mechan- 37.199 [Reserved] ical or electrical systems are not alter- 37.201 Intermediate and rest stops. ations unless they affect the usability 37.203 Lift maintenance. of the building or facility. 37.205 Additional passengers who use wheel- Automated guideway transit system or chairs. AGT means a fixed-guideway transit 37.207 Discriminatory practices. system which operates with automated 37.209 Training and other requirements. 37.211 Effect of NHTSA and FHWA safety (driverless) individual vehicles or rules. multi-car trains. Service may be on a 37.213 Information collection requirements. fixed schedule or in response to a pas- 37.215 Review of requirements. senger-activated call button.

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Auxiliary aids and services includes: tion, the Massachusetts Bay Transpor- (1) Qualified interpreters, notetakers, tation Authority, the Port Authority transcription services, written mate- Trans-Hudson Corporation, and any rials, telephone headset amplifiers, as- successor agencies) and any entity cre- sistive listening devices, assistive lis- ated by one or more such agencies for tening systems, telephones compatible the purposes of operating, or con- with hearing aids, closed caption de- tracting for the operation of, com- coders, closed and open captioning, muter rail transportation. text telephones (also known as tele- Commuter bus service means fixed phone devices for the deaf, or TDDs), route bus service, characterized by videotext displays, or other effective service predominantly in one direction methods of making aurally delivered during peak periods, limited stops, use materials available to individuals with of multi-ride tickets, and routes of ex- hearing impairments; tended length, usually between the (2) Qualified readers, taped texts, central business district and outlying audio recordings, Brailled materials, suburbs. Commuter bus service may large print materials, or other effective also include other service, character- methods of making visually delivered ized by a limited route structure, lim- materials available to individuals with ited stops, and a coordinated relation- visual impairments; ship to another mode of transpor- (3) Acquisition or modification of tation. equipment or devices; or Commuter rail car means a rail pas- (4) Other similar services or actions. senger car obtained by a commuter au- Bus means any of several types of thority for use in commuter rail trans- self-propelled vehicles, generally rub- portation. ber-tired, intended for use on city Commuter rail transportation means streets, highways, and busways, includ- short-haul rail passenger service oper- ing but not limited to minibuses, forty- ating in metropolitan and suburban and thirty-foot buses, articulated areas, whether within or across the buses, double-deck buses, and elec- geographical boundaries of a state, trically powered trolley buses, used by usually characterized by reduced fare, public entities to provide designated multiple ride, and commutation tick- public transportation service and by ets and by morning and evening peak private entities to provide transpor- period operations. This term does not tation service including, but not lim- include light or rapid rail transpor- ited to, specified public transportation tation. services. Self-propelled, rubber-tired Demand responsive system means any vehicles designed to look like antique system of transporting individuals, in- or vintage trolleys are considered cluding the provision of designated buses. public transportation service by public Commerce means travel, trade, trans- entities and the provision of transpor- portation, or communication among tation service by private entities, in- the several states, between any foreign cluding but not limited to specified country or any territory or possession public transportation service, which is and any state, or between points in the not a fixed route system. same state but through another state Designated public transportation means or foreign country. transportation provided by a public en- Commuter authority means any state, tity (other than public school transpor- local, regional authority, corporation, tation) by bus, rail, or other convey- or other entity established for purposes ance (other than transportation by air- of providing commuter rail transpor- craft or intercity or commuter rail tation (including, but not necessarily transportation) that provides the gen- limited to, the New York Metropolitan eral public with general or special serv- Transportation Authority, the Con- ice, including charter service, on a reg- necticut Department of Transpor- ular and continuing basis. tation, the Maryland Department of Direct threat means a significant risk Transportation, the Southeastern to the health or safety of others that Pennsylvania Transportation Author- cannot be eliminated by a modification ity, the New Jersey Transit Corpora- of policies, practices, procedures, or by

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the provision of auxiliary aids or serv- (ii) Has a physical or mental impair- ices. ment that substantially limits a major Disability means, with respect to an life activity only as a result of the atti- individual, a physical or mental im- tudes of others toward such an impair- pairment that substantially limits one ment; or or more of the major life activities of (iii) Has none of the impairments de- such individual; a record of such an im- fined in paragraph (1) of this definition pairment; or being regarded as having but is treated by a public or private en- such an impairment. tity as having such an impairment. (1) The phrase physical or mental im- (5) The term disability does not in- pairment means— clude— (i) Any physiological disorder or con- (i) Transvestism, transsexualism, dition, cosmetic disfigurement, or ana- pedophilia, exhibitionism, voyeurism, tomical loss affecting one or more of gender identity disorders not resulting the following body systems: neuro- from physical impairments, or other logical, musculoskeletal, special sense sexual behavior disorders; organs, respiratory including speech (ii) Compulsive gambling, klep- organs, cardiovascular, reproductive, tomania, or pyromania; digestive, genito-urinary, hemic and (iii) Psychoactive substance abuse lymphatic, skin, and endocrine; disorders resulting from the current il- (ii) Any mental or psychological dis- legal use of drugs. order, such as mental retardation, or- Facility means all or any portion of ganic brain syndrome, emotional or buildings, structures, sites, complexes, mental illness, and specific learning equipment, roads, walks, passageways, disabilities; parking lots, or other real or personal (iii) The term physical or mental im- property, including the site where the pairment includes, but is not limited to, building, property, structure, or equip- such contagious or noncontagious dis- ment is located. eases and conditions as orthopedic, vis- Fixed route system means a system of ual, speech, and hearing impairments; transporting individuals (other than by cerebral palsy, epilepsy, muscular dys- aircraft), including the provision of trophy, multiple sclerosis, cancer, designated public transportation serv- heart disease, diabetes, mental retar- ice by public entities and the provision dation, emotional illness, specific of transportation service by private en- learning disabilities, HIV disease, tu- tities, including, but not limited to, berculosis, drug addiction and alco- specified public transportation service, holism; on which a vehicle is operated along a (iv) The phrase physical or mental im- prescribed route according to a fixed pairment does not include homosex- schedule. uality or bisexuality. FT Act means the Federal Transit (2) The phrase major life activities Act of 1964, as amended (49 U.S.C. App. means functions such as caring for 1601 et seq.). one’s self, performing manual tasks, High speed rail means a rail service walking, seeing, hearing, speaking, having the characteristics of intercity breathing, learning, and work. rail service which operates primarily (3) The phrase has a record of such an on a dedicated guideway or track not impairment means has a history of, or used, for the most part, by freight, in- has been misclassified as having, a cluding, but not limited to, trains on mental or physical impairment that welded rail, magnetically levitated substantially limits one or more major (maglev) vehicles on a special guide- life activities. way, or other advanced technology ve- (4) The phrase is regarded as having hicles, designed to travel at speeds in such an impairment means— excess of those possible on other types (i) Has a physical or mental impair- of railroads. ment that does not substantially limit Individual with a disability means a major life activities, but which is person who has a disability, but does treated by a public or private entity as not include an individual who is cur- constituting such a limitation; rently engaging in the illegal use of

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drugs, when a public or private entity level platform stations. Rapid rail also acts on the basis of such use. may operate on elevated or at grade Intercity rail passenger car means a level track separated from other traf- rail car, intended for use by revenue fic. passengers, obtained by the National Remanufactured vehicle means a vehi- Railroad Passenger Corporation (Am- cle which has been structurally re- trak) for use in intercity rail transpor- stored and has had new or rebuilt tation. major components installed to extend Intercity rail transportation means its service life. transportation provided by Amtrak. Secretary means the Secretary of Light rail means a streetcar-type ve- Transportation or his/her designee. hicle operated on city streets, semi-ex- Section 504 means section 504 of the clusive rights of way, or exclusive Rehabilitation Act of 1973 (Pub. L. 93– rights of way. Service may be provided 112, 87 Stat. 394, 29 U.S.C. 794), as by step-entry vehicles or by level amended. boarding. Service animal means any guide dog, New vehicle means a vehicle which is signal dog, or other animal individ- offered for sale or lease after manufac- ually trained to work or perform tasks ture without any prior use. for an individual with a disability, in- Operates includes, with respect to a cluding, but not limited to, guiding in- fixed route or demand responsive sys- dividuals with impaired vision, alert- tem, the provision of transportation ing individuals with impaired hearing service by a public or private entity to intruders or sounds, providing mini- itself or by a person under a contrac- mal protection or rescue work, pulling tual or other arrangement or relation- a wheelchair, or fetching dropped ship with the entity. items. Over-the-road bus means a bus charac- Small operator means, in the context terized by an elevated passenger deck of over-the-road buses (OTRBs), a pri- located over a baggage compartment. vate entity primarily in the business of Paratransit means comparable trans- transporting people that is not a Class portation service required by the ADA I motor carrier. To determine whether for individuals with disabilities who an operator has sufficient average an- are unable to use fixed route transpor- nual gross transportation operating tation systems. revenues to be a Class I motor carrier, Private entity means any entity other its revenues are combined with those of than a public entity. any other OTRB operator with which it Public entity means: is affiliated. (1) Any state or local government; Solicitation means the closing date for (2) Any department, agency, special the submission of bids or offers in a purpose district, or other instrumen- procurement. tality of one or more state or local gov- Specified public transportation means ernments; and transportation by bus, rail, or any (3) The National Railroad Passenger other conveyance (other than aircraft) Corporation (Amtrak) and any com- provided by a private entity to the gen- muter authority. eral public, with general or special Purchase or lease, with respect to ve- service (including charter service) on a hicles, means the time at which an en- regular and continuing basis. tity is legally obligated to obtain the Station means, with respect to inter- vehicles, such as the time of contract city and commuter rail transportation, execution. the portion of a property located ap- Public school transportation means purtenant to a right of way on which transportation by schoolbus vehicles of intercity or commuter rail transpor- schoolchildren, personnel, and equip- tation is operated, where such portion ment to and from a public elementary is used by the general public and is re- or secondary school and school-related lated to the provision of such transpor- activities. tation, including passenger platforms, Rapid rail means a subway-type tran- designated waiting areas, restrooms, sit vehicle railway operated on exclu- and, where a public entity providing sive private rights of way with high rail transportation owns the property,

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concession areas, to the extent that ignated priority seats, if the individual such public entity exercises control does not choose to use these seats. over the selection, design, construc- (d) An entity shall not impose special tion, or alteration of the property, but charges, not authorized by this part, on this term does not include flag stops individuals with disabilities, including (i.e., stations which are not regularly individuals who use wheelchairs, for scheduled stops but at which trains providing services required by this part will stop to board or detrain passengers or otherwise necessary to accommo- only on signal or advance notice). date them. Used vehicle means a vehicle with (e) An entity shall not require that prior use. an individual with disabilities be ac- Vanpool means a voluntary com- companied by an attendant. muter ridesharing arrangement, using (f) Private entities that are primarily vans with a seating capacity greater engaged in the business of transporting than 7 persons (including the driver) or people and whose operations affect buses, which provides transportation to commerce shall not discriminate a group of individuals traveling di- against any individual on the basis of rectly from their homes to their reg- disability in the full and equal enjoy- ular places of work within the same ment of specified transportation serv- geographical area, and in which the ices. This obligation includes, with re- commuter/driver does not receive com- spect to the provision of transportation pensation beyond reimbursement for services, compliance with the require- his or her costs of providing the serv- ments of the rules of the Department ice. of Justice concerning eligibility cri- Vehicle, as the term is applied to pri- teria, making reasonable modifica- vate entities, does not include a rail tions, providing auxiliary aids and passenger car, railroad locomotive, services, and removing barriers (28 CFR railroad freight car, or railroad ca- 36.301–36.306). boose, or other rail rolling stock de- (g) An entity shall not refuse to serve scribed in section 242 of title III of the an individual with a disability or re- Act. quire anything contrary to this part Wheelchair means a mobility aid be- because its insurance company condi- longing to any class of three- or more- tions coverage or rates on the absence wheeled devices, usable indoors, de- of individuals with disabilities or re- signed or modified for and used by indi- quirements contrary to this part. viduals with mobility impairments, (h) It is not discrimination under this whether operated manually or powered. part for an entity to refuse to provide service to an individual with disabil- [56 FR 45621, Sept. 6, 1991, as amended at 58 ities because that individual engages in FR 63101, Nov. 30, 1993; 61 FR 25415, May 21, violent, seriously disruptive, or illegal 1996; 63 FR 51690, Sept. 28, 1998; 76 FR 57935, conduct. However, an entity shall not Sept. 19, 2011; 79 FR 21405, Apr. 16, 2014] refuse to provide service to an indi- vidual with disabilities solely because § 37.5 Nondiscrimination. the individual’s disability results in ap- (a) No entity shall discriminate pearance or involuntary behavior that against an individual with a disability may offend, annoy, or inconvenience in connection with the provision of employees of the entity or other per- transportation service. sons. (b) Notwithstanding the provision of any special transportation service to § 37.7 Standards for accessible vehi- individuals with disabilities, an entity cles. shall not, on the basis of disability, (a) For purposes of this part, a vehi- deny to any individual with a dis- cle shall be considered to be readily ac- ability the opportunity to use the enti- cessible to and usable by individuals ty’s transportation service for the gen- with disabilities if it meets the re- eral public, if the individual is capable quirements of this part and the stand- of using that service. ards set forth in part 38 of this title. (c) An entity shall not require an in- (b)(1) For purposes of implementing dividual with a disability to use des- the equivalent facilitation provision in

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