This section contains amendments from May 21, 1996.
37.101 Purchase or lease of vehicles by private entities not
primarily
engaged in the business of transporting people.
(a) Application. This section applies to all purchases or leases
of
vehicles by private entities which are not primarily engaged in the
business
of transporting people, in which a solicitation for the vehicle is made
after
August 25, 1990.
(b) Fixed Route System, Vehicle Capacity Over 16 If the entity
operates
a fixed route system and purchases or leases a vehicle with a seating
capacity
of over 16 passengers (including the driver) for use on the system, it
shall
ensure that the vehicle is readily accessible to and usable by
individuals
with disabilities, including individuals who use wheelchairs.
(c) Fixed Route System, Vehicle Capacity of 16 or Fewer. If the
entity
operates a fixed route system and purchases or leases a vehicle with a
seating
capacity of 16 or fewer passengers (including the driver) for use on
the
system, it shall ensure that the vehicle is readily accessible to and
usable
by individuals with disabilities, including individuals who use
wheelchairs,
unless the system, when viewed in its entirety, meets the standard for
equivalent
service of 37.105 of this Part.
(d) Demand Responsive System, Vehicle Capacity Over 16. If the
entity
operates a demand responsive system, and purchases or leases a vehicle
with
a seating capacity of over 16 passengers (including the driver) for use
on
the system, it shall ensure that the vehicle is readily accessible to
and
usable by individuals with disabilities, including individuals who use
wheelchairs,
unless the system, when viewed in its entirety, meets the standard for
equivalent
service of 37.105 of this Part.
(e) Demand Responsive System, Vehicle Capacity of
16 or
Fewer. Entities providing demand responsive transportation covered
under this
section are not specifically required to ensure that new vehicles with
seating
capacity of 16 or fewer are accessible to individuals with wheelchairs.
These
entities are required to ensure that their systems, when viewed in
their
entirety, meet the equivalent service requirements of Secs. 37.171 and
37.105,
regardless of whether or not the entities purchase a new vehicle.
PRIVATE ENTITIES "NOT PRIMARILY ENGAGED"
System Type
Fixed Route
Fixed Route
Demand Responsive
Demand Responsive
|
Vehicle Capacity
Over 16
16 or less
Over 16
16 or less
|
Requirement
Acquire AccessibleVehicle
Acquire AccessibleVehicle, or Equivalency
Acquire AccessibleVehicle, or Equivalency
Equivalency - see§37.171
|