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 resume.

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 passengers.