37.93 One car per train rule.
(a) The definition of accessible for purposes of meeting the one car per
train rule is spelled out in the applicable subpart for each transportation
system type in part 38 of this title.
(b) Each person providing intercity rail service and each commuter rail authority
shall ensure that, as soon as practicable, but in no event later than July
26, 1995, that each train has one car that is readily accessible to and usable
by individuals with disabilities, including individuals who use wheelchairs.
(c) Each public entity providing light or rapid rail service shall ensure
that each train, consisting of two or more vehicles, includes at least one
car that is readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs, as soon as practicable but in
no case later than July 25, 1995.
This section implements the statutory directive that all rail
operators (light, rapid, commuter and intercity) have at least one car per
train accessible to persons with disabilities, including individuals who
use wheelchairs by July 26, 1995. (See ADA sections 242(a)(1), 242(b)(1),
228(b)(1).) Section 37.93 contains this general requirement. In some
cases, entities will meet the one-car-per train rule through the purchase
of new cars. In this case, since all new rail vehicles have to be accessible,
compliance with this provision is straightforward.
However, certain entities may not be purchasing any new vehicles by July
26, 1995, or may not be purchasing enough vehicles to ensure that one car
per train is accessible. In these cases, these entities will have to
retrofit existing cars to meet this requirement.What a retrofitted car must
look like to meet the requirement has been decided by the Access Board.
These standards are contained in Part 38 of this rule.
We would point that, consistent with the Access Board standards, a rail system
using mini-high platforms or wayside lifts is not required, in most circumstances,
to "double-stop" in order to give passengers a chance to board the second
or subsequent car in a train at the mini-high platform or way-side lift.
The only exception to this would be a situation in which all the wheelchair
positions spaces in the first car were occupied. In this case, the
train would have to double-stop to allow a wheelchair user to board, rather
than passing the person by when there was space available in other than the