37.75 Remanufacture of non-rail vehicles and purchase or lease
of remanufactured non-rail vehicles by public entities operating fixed route
(a) This section applies to any public entity operating a fixed route system
which takes one of the following actions:
(b) Vehicles acquired through the actions listed in paragraph (a) of this
section shall, to the maximum extent feasible, be readily accessible to and
usable by individuals with disabilities, including individuals who use wheelchairs.
- After August 25, 1990, remanufactures a bus or other vehicle so as
to extend its useful life for five years or more or makes a solicitation
for such remanufacturing; or
- Purchases or leases a bus or other vehicle which has been remanufactured
so as to extend its useful life for five years or more, where the purchase
or lease occurs after August 25, 1990, and during the period in which the
useful life of the vehicle is extended.
(c) For purposes of this section, it shall be considered feasible to remanufacture
a bus or other motor vehicle so as to be readily accessible to and usable
by individuals with disabilities, including individuals who use wheelchairs,
unless an engineering analysis demonstrates that including accessibility
features required by this part would have a significant adverse effect
on the structural integrity of the vehicle.
(d) If a public entity operates a fixed route system, any segment of which
is included on the National Register of Historic Places, and if making a
vehicle of historic character used solely on such segment readily accessible
to and usable by individuals with disabilities would significantly alter
the historic character of such vehicle, the public entity has only to make
(or purchase or lease a remanufactured vehicle with) those modifications
to make the vehicle accessible which do not alter the historic character
of such vehicle, in consultation with the National Register of Historic Places.
(e) A public entity operating a fixed route system as described in paragraph
(d) of this section may apply in writing to the UMTA Administrator for a
determination of the historic character of the vehicle. The UMTA Administrator
shall refer such requests to the National Register of Historic Places, and
shall rely on its advice in making determinations of the historic character
of the vehicle.
This section tracks the statute closely, and contains the following
provisions. First, it requires any public entity operating a fixed
route system to purchase an accessible vehicle if the acquisition occurs
after August 25, 1990, if the vehicle is remanufactured after August 25,
1990, or the entity contracts or undertakes the remanufacture of a vehicle
after August 25, 1990. The ADA legislative history makes it clear that
remanufacture is to include changes to the structure of the vehicle which
extend the useful life of the vehicle for five years. It clearly is
not intended to capture things such as engine overhauls and the like.
The term remanufacture, as used in the ADA context, is different from the
use of the term in previously issued UMTA guidance. The term has a
specific meaning under the ADA: there must be structural work done to the
vehicle and the work must extend the vehicle's useful life by five years.
The ADA imposes no requirements on what UMTA traditionally considers bus
rehabilitation. Such work involves rebuilding a bus to original specifications
and focuses on mechanical systems and interiors. Often this work includes
replacing components. It is less extensive than remanufacture. The
statute, and the rule, includes an exception for the remanufacture of historical
vehicles. This exception applies to the remanufacture of or purchase
of a remanufactured vehicle that (1) is of historic character; (2) operates
solely on a segment of a fixed route system which is on the National Register
of Historic Places; and (3) making the vehicle accessible would significantly
alter the historic character of the vehicle. The exception only extends
to the remanufacture that would alter the historic character of the vehicle.
All modifications that can be made without altering the historic character
(such as slip resistant flooring) must be done.