37.103  Purchase or lease of new non-rail vehicles by private entities primarily engaged in the business of transporting people.


(a) Application.  This section applies to all acquisitions of new vehicles by private entities which are primarily engaged in the business of transporting people and whose operations affect commerce, in which a solicitation for the vehicle is made (except as provided in paragraph (d) of this section) after August 25, 1990.

(b) Fixed Route Systems.  If the entity operates a fixed route system, and purchases or leases a new vehicle other than an automobile, a van with a seating capacity of less than eight persons (including the driver), or an over-the-road bus, it shall ensure that the vehicle is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.

(c) Demand Responsive Systems.  If the entity operates a demand responsive system, and purchases or leases a new vehicle other than an automobile, a van with a seating capacity of less than eight persons (including the driver), or an over-the-road bus, 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) Vans with a Capacity of Fewer than 8 Persons:  If the entity operates either a fixed route or demand responsive system, and purchases or leases a new van with a seating capacity of fewer than eight persons including the driver (the solicitation for the vehicle being made after February 25, 2021), the entity 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.
PRIVATE ENTITIES "PRIMARILY ENGAGED"
System Type
Fixed Route

Demand Responsive
Either fixed route or demand responsive
VehicleType/Capacity
All new vehicles except auto, van with less than 8 capacity, or over the road bus
Same as above
New vans with a capacity of less than 8  
Requirement
Acquire Accessible Vehicle

Acquire Accessible Vehicle, or Equivalency
Same as above