37.83 Remanufacture of rail vehicles and purchase or lease of remanufactured
rail vehicles by public entities operating rapid or light rail systems.
(a) This section applies to any public entity operating a rapid or light
rail 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 light or rapid rail vehicle
so as to extend its useful life for five years or more or makes a solicitation
for such remanufacturing;
- Purchases or leases a light or rapid rail 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 rapid or light rail 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 doing so would have a significant
adverse effect on the structural integrity of the vehicle.
(d) If a public entity operates a rapid or light rail system any segment
of which is included on the National Register of Historic Places and if making
a rapid or light rail 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 need only
make (or purchase or lease a remanufactured vehicle with) those modifications
that do not alter the historic character of such vehicle.
(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 a determination of the historic character
of the vehicle.
This section parallels the remanufacturing section for buses,
including the exception for historical vehicles. With respect to an
entity having a class of historic vehicles that may meet the standards for
the historic vehicle exception (e.g., San Francisco cable cars), the Department
would not object to a request for application of the exception on a system-wide,
as approved to car-by-car, basis.