This section contains amendments from November 30, 1993.

37.87  Purchase or lease of used intercity and commuter rail cars.

1. An initial solicitation for used vehicles specifying that all used vehicles accessible to and usable by individuals with disabilities;
2. A nationwide search for accessible vehicles, involving specific inquiries to used vehicle dealers and other transit providers; and
3. Advertising in trade publications and contacting trade associations.

(d) When Amtrak or a commuter authority leases a used intercity or commuter rail car for a period of seven days or less, Amtrak or the commuter authority may make and document good faith efforts as provided in this paragraph instead of in the ways provided in paragraph (c) of this section:

(1) By having and implementing, in its agreement with any intercity railroad or commuter authority that serves as a source of used intercity or commuter rail cars for a lease of seven days or less, a provision requiring that the lessor provide all available accessible rail cars before providing any inaccessible rail cars.

The section also parallels closely the requirements in the ADA for the purchase or lease of accessible used rail vehicles.  We acknowledge that, in some situations, the statutory requirement for to make good faith efforts to acquire accessible used vehicles may create difficulties for rail operators attempting to lease rail cars quickly for a short time (e.g., as fill-ins for cars which need repairs).  In some cases, it may be possible to mitigate these difficulties through means such as making good faith efforts with respect to an overall agreement between two rail operators to make cars available to one another when needed, rather than each time a car is provided under such an agreement.