This section contains amendments from September 28,
1998.
37.189 Service requirement for OTRB demand-responsive systems.
(a) This section applies to private entities primarily in the business
of transporting people, whose operations affect commerce, and that
provide demand-responsive OTRB service. Except as needed to meet the
other requirements of this section, these entities are not required to
purchase or lease accessible buses in connection with providing
demand-responsive service.
(b) Demand-responsive operators shall ensure that, beginning one year
from the date on which the requirements of this subpart begin to apply
to the entity, any individual with a disability who requests service in
an accessible OTRB receives such service. This requirement applies to
both large and small operators.
(c) The operator may require up to 48 hours' advance notice to provide
this service.
(d) If the individual with a disability does not provide the advance
notice the operator requires under paragraph (a) of this section, the
operator shall nevertheless provide the service if it can do so by
making a reasonable effort.
(e) To meet this requirement, an operator is not required to
fundamentally alter its normal reservation policies or to displace
another passenger who has reserved a seat on the bus. The following
examples illustrate the provisions of this paragraph (e):
Example 1. A tour bus operator
requires all passengers to reserve space on the bus three months before
the trip date. This requirement applies to passengers with disabilities
on the same basis as other passengers. Consequently, an individual
passenger who is a wheelchair user would have to request an accessible
bus at the time he or she made his reservation, at least three months
before the trip date. If the individual passenger with a disability
makes a request for space on the trip and an accessible OTRB 48 hours
before the trip date, the operator could refuse the request because all
passengers were required to make reservations three months before the
trip date.
Example 2. A group makes a reservation to charter a bus for a trip four
weeks in advance. A week before the trip date, the group discovers that
someone who signed up for the trip is a wheelchair user who needs an
accessible bus, or someone who later buys a seat in the block of seats
the group has reserved needs an accessible bus. A group representative
or the passenger with a disability informs the bus company of this need
more than 48 hours before the trip date. The bus company must provide
an accessible bus.
Example 3. While the operator's normal deadline for reserving space on
a charter or tour trip has passed, a number of seats for a trip are
unfilled. The operator permits members of the public to make late
reservations for the unfilled seats. If a passenger with a disability
calls 48 hours before the trip is scheduled to leave and requests a
seat and the provision of an accessible OTRB, the operator must meet
this request, as long as it does not displace another passenger with a
reservation.
Example 4. A tour bus trip is nearly sold out three weeks in advance of
the trip date. A passenger with a disability calls 48 hours before the
trip is scheduled to leave and requests a seat and the provision of an
accessible OTRB. The operator need not meet this request if it will
have the effect of displacing a passenger with an existing reservation.
If other passengers would not be displaced, the operator must meet this
request.