37.81 Purchase or lease of used rail vehicles by public entities
operating rapid or light rail systems.
(a) Except as provided elsewhere in this section, each public entity operating
a rapid or light rail system which, after August 25, 1990, purchases or leases
a used rapid or light rail vehicle for use on the system shall ensure that
the vehicle is readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs.
(b) A public entity may purchase or lease a used rapid or light rail vehicle
for use on its rapid or light rail system that is not readily accessible
to and usable by individuals if, after making demonstrated good faith efforts
to obtain an accessible vehicle, it is unable to do so.
(c) Good faith efforts shall include at least the following steps:
- The initial solicitation for used vehicles made by the public entity
specifying that all used vehicles were to be accessible to and usable by
individuals with disabilities, or, if a solicitation is not used, a documented
communication so stating;
- A nationwide search for accessible vehicles, involving specific inquiries
to manufacturers and other transit providers; and
- Advertising in trade publications and contacting trade associations.
(d) Each public entity purchasing or leasing used rapid or light rail vehicles
that are not readily accessible to and usable by individuals with disabilities
shall retain documentation of the specific good faith efforts it made for
three years from the date the vehicles were purchased. These records
shall be made available, on request, to the UMTA Administrator and the public.
This section lays out the requirements for a public entity acquiring
a used rail vehicle. The requirements and standards are the same as
those specified for non-rail vehicles in §37.73. While we recognize
it may create difficulties for entities in some situations, the statute does
not include any extension or short-term leases. The Department will
consider, in a case-by-case basis, how the good faith efforts requirement
would apply in the case of an agreement between rail carriers to permit quick-response,
short-term leases of cars over a period of time.