49 CFR Parts 37 and 38 -- Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments, Preamble

Heritage Fleets

NPRM and Comments

In a few cities, there are systems that use vintage inaccessible vehicles to provide regular public transit service. The NPRM asked whether any new regulatory provisions should be applied to increase accessibility for such transportation. There were few comments on this matter. Some disability organizations recommended good faith efforts be used to secure accessible vehicles for such systems or that the vehicles be retrofitted for accessibility. Transit industry commenters suggested that no changes were needed from existing regulations and that there was not a problem that the Department need remedy if parallel accessible transit or paratransit were available for origins and destinations served by the heritage fleet lines.

DOT Response

On this matter, the Department believes that no change is necessary from the existing regulation. Sections 37.73 and 37.75 appear to adequately address such situations. Section 37.73 requires good faith efforts be employed to find accessible used vehicles prior to purchasing inaccessible vehicles, and 37.75 requires remanufactured vehicles to be made accessible unless an engineering analysis demonstrates that including accessibility features would have a significant adverse effect on the structural integrity of the vehicle. Transit providers are reminded that complementary paratransit service must be provided when the fixed route system is inaccessible.