37.35 Supplemental service for other transportation modes.
(a) Transportation service provided by bus or other vehicle by an intercity
commuter or rail operator, as an extension of or supplement to its rail service,
and which connects an intercity rail station and limited other points, is
subject to the requirements of this Part for fixed route commuter bus service
operated by a public entity.
(b) Dedicated bus service to commuter rail systems, with through ticketing
arrangements and which is available only to users of the commuter rail system,
is subject to the requirements of this Part for fixed route commuter bus
service operated by a public entity.
This section applies to a number of situations in which an operator
of another transportation mode uses bus or other service to connect its service
with limited other points.
One instance is when an intercity railroad route is set up such
that the train stops outside the major urban center which is the actual destination
for many passengers. Examples mentioned to us include bus service run
by Amtrak from a stop in Columbus, Wisconsin, to downtown Madison, or from
San Jose to San Francisco. Such service is fixed route, from the train
station to a few points in the metropolitan area, with a schedule keyed to
the train schedule. It would be regarded as commuter bus service, meaning
that accessible vehicles would have to be acquired but complementary paratransit
was not required. Another instance is one in which a commuter rail
operator uses fixed route bus service as a dedicated connection to, or extension
of, its rail service. The service may go to park and ride lots or other
destinations beyond the vicinity of the rail line. Again, this service
shares the characteristics of commuter bus service that might be used even
if the rail line were not present, and does not attempt to be a comprehensive
mass transit bus service for the area.
Of course, there may be instances in which a rail operator uses demand responsive
instead of fixed route service for a purpose of this kind. In that
case, the demand responsive system requirements of the rule would apply.
Private entities (i.e., those operating places of public accommodation) may
operate similar systems, as when a cruise ship operator provides a shuttle
or connector between an airport and the dock. This service is covered
by the rules governing private entities not primarily engaged in the business
of transporting people. Fixed route or demand responsive rules apply,
depending on the characteristics of the system involved.
One situation not explicitly covered in this section concerns ad hoc transportation
arranged, for instance, by a rail operator when the train does not wind up
at its intended destination. For example, an Amtrak train bound for
Philadelphia may he halted at Wilmington by a track blockage between the
two cities. Usually, the carrier responds by providing bus service
to the scheduled destination or to the next point where rail service can
The service that the carrier provides in this situation is essentially a
continuation by other means of its primary service. We view the obligation
of the rail operator as being to ensure that all passengers, including individuals
with disabilities, are provided service to the destination in a nondiscriminatory
manner. This includes, for instance, providing service in the most
integrated setting appropriate to the needs of the individual and service
that gets a passenger with a disability to the destination as soon as other