This section contains amendments from September 28,
1998.
37.187 Interline service.
(a) When the general public can purchase a ticket or make a reservation
with one operator for a fixed-route trip of two or more stages in which
another operator provides service, the first operator must arrange for
an accessible bus, or equivalent service, as applicable, to be provided
for each stage of the trip to a passenger
with a disability. The following examples illustrate the provisions of
this paragraph (a):
Example 1. By going to Operator X's
ticket office or calling X for a reservation, a passenger can buy or
reserve a ticket from Point A through to Point C, transferring at
intermediate Point B to a bus operated by Operator Y. Operator X is
responsible for communicating immediately with Operator Y to ensure
that Y knows that a passenger needing accessible transportation or
equivalent service, as applicable, is traveling from Point B to Point
C. By immediate communication, we mean that the ticket or reservation
agent for Operator X, by phone, fax, computer, or other instantaneous
means, contacts Operator Y the minute the reservation or ticketing
transaction with the passenger, as applicable, has been completed. It
is the responsibility of each carrier to know how to contact carriers
with which it interlines (e.g., Operator X must know Operator Y's phone
number).
Example 2. Operator X fails to provide
the required information in a timely manner to Operator Y. Operator X
is responsible for compensating the passenger for the consequent
unavailability of an accessible bus or equivalent service, as
applicable, on the B-C leg of the interline trip.
(b) Each operator retains the responsibility for providing the
transportation required by this subpart to the passenger for its
portion of an interline trip. The following examples illustrate the
provisions of this paragraph (b):
Example 1. In Example 1 to paragraph
(a) of this section, Operator X provides the required information to
Operator Y in a timely fashion. However, Operator Y fails to provide an
accessible bus or equivalent service to the passenger at Point B as the
rules require. Operator Y is responsible for compensating the passenger
as provided in Sec. 37. 199.
Example 2. Operator X provides the required information to Operator Y
in a timely fashion. However, the rules require Operator Y to provide
an accessible bus on 48 hours' advance notice (i.e., as a matter of
interim service under Sec. 37.193(a) or service by a small
mixed-service operator under Sec. 37.191), and the passenger has
purchased the ticket or made the reservation for the interline trip
only 8 hours before Operator Y's bus leaves from Point B to go to Point
C. In this situation, Operator Y is not responsible for providing an
accessible bus to the passenger at Point B, any more than that it would
be had the passenger directly contacted Operator Y to travel from Point
B to Point C.
(c) All fixed-route operators involved in interline service shall
ensure that they have the capacity to receive communications at all
times concerning interline service for passengers with disabilities.
The following examples illustrate the provisions of this paragraph (c):
Example 1. Operator Y's office is
staffed only during normal weekday business hours. Operator Y must have
a means of receiving communications from carriers with which it
interlines (e.g., telephone answering machine, fax, computer) when no
one is in the office.
Example 2. Operator Y has the responsibility to monitor its
communications devices at reasonable intervals to ensure that it can
act promptly on the basis of messages received. If Operator Y receives
a message from Operator X on its answering machine on Friday night,
notifying Y of the need for an accessible bus on Monday morning, it has
the responsibility of making sure that the accessible bus is there on
Monday morning. Operator Y is not excused from its obligation because
no one checked the answering machine over the weekend.