37.25 University transportation systems
(a) Transportation services operated by private institutions of higher education
are subject to the provisions of this Part governing private entities not
primarily engaged in the business of transporting people.
Private university-operated transportation systems are subject
to the requirements of this rule for private entities not primarily engaged
in the business of transporting people. With one important exception, public
university-operated transportation systems are subject to the requirements
of the rule for public entities. The nature of the systems involved
-- demand-responsive or fixed route -- determines the precise requirements
involved.
(b) Transportation systems operated by public institutions of higher education
are subject to the provisions of this Part governing public entities.
If a public institution of higher education operates a fixed route system,
the requirements of this Part governing commuter bus service apply to that
system.
For public university fixed route systems, public entity requirements
apply. In the case of fixed route systems, the requirements for commuter
bus service would govern. This has the effect of requiring the acquisition
of accessible vehicles and compliance with most other provisions of the rule,
but does not require the provision of complementary paratransit or submitting
a paratransit plan. As a result, private and public universities will
have very similar obligations under the rule.