ADA Overview: 2018 Mid-Atlantic ADA Update



ADA: Vehicle Acquisition Requirements

Table 4-1 – Vehicle Acquisition Requirements for Public Entities

From Department of Transportation (DOT)/Federal Transit Administration (FTA)

ADA Guidance (“Circular”)

|Service |Vehicle |New/Used/ |49 CFR |Exceptions to Acquiring an Accessible Vehicle |

| | |Remanufactured |Section | |

|Fixed route |Non-rail |New |37.71 |None |

|Fixed route |Non-rail |Used |37.73 |(1) Unable to acquire after good faith effort or (2) |

| | | | |received as a donation |

|Fixed route |Non-rail |Remanufactured |37.75 |(1) Vehicle modifications would have a significant |

| | | | |adverse effect on structural integrity (as demonstrated |

| | | | |by engineering analysis), or (2) vehicle modifications |

| | | | |would alter historic character* |

|Demand responsive |Non-rail |New** |37.77 |Demonstrate equivalent service for individuals with a |

| | | | |disability (see Circular Chapter 7) |

|Rapid rail or light |Rail car |New |37.79 |None |

|rail | | | | |

|Rapid rail or light |Rail car |Used |37.81 |Unable to acquire after good faith |

|rail | | | | |

|Rapid rail or light |Rail car |Remanufactured |37.83 |(1) Vehicle modifications would have a significant |

|rail | | | |adverse effect on structural integrity (as demonstrated |

| | | | |by engineering analysis), or (2) vehicle modifications |

| | | | |would alter historic character* |

|Commuter rail |Rail car |New |37.85 |None |

|Commuter rail |Rail car |Used |37.87 |Unable to acquire after good faith effort |

|Commuter rail |Rail car |Remanufactured |37.89 |Vehicle modifications would have a significant adverse |

| | | | |effect on structural integrity (as demonstrated by |

| | | | |engineering analysis) |

* Applicable only if a vehicle of historic character is operated solely on a segment of a fixed route that is included on the National Register of Historic Places

**FTA also permits agencies to acquire inaccessible used vehicles. (See Circular Section 4.2.4.)

As shown in the table, for each type of service and vehicle listed, the applicable requirements obligate public entities to acquire vehicles that are accessible unless one of the exceptions applies. Each requirement is explained in the following sections. Note that some language is deliberately repeated for completeness. These requirements again also apply to contractors that may be “standing in the shoes” to provide service for a public entity. (See Circular Section 4.1.3.)

Vehicle Acquisition Requirements for Private Entities (Not Including Rail Cars)

Based on Department of Transportation’s Appendix D to Part 37, Construction and Interpretation of Provisions of 49 CFR Part 37

Private Entities “Not Primarily Engaged”

|System Type |Vehicle Capacity*** |Requirement |

|Fixed route |More than 16 |Acquire accessible vehicle |

|Fixed route |16 or fewer |Acquire accessible vehicle, or equivalency |

|Demand responsive |More than 16 |Acquire accessible vehicle, or equivalency |

|Demand responsive |16 or fewer |Equivalency—see §37.171 |

Private Entities “Primarily Engaged”

|System Type |Vehicle Type/Capacity*** |Requirement |

|Fixed route |All new vehicles except auto, van with fewer |Acquire accessible vehicle |

| |than 8 capacity, or over-the-road bus | |

|Demand responsive |All new vehicles except auto, van with fewer |Acquire accessible vehicle, or equivalency |

| |than 8 capacity, or over-the-road bus | |

|Fixed route or demand responsive |New vans with a capacity of fewer than 8 |Acquire accessible vehicle, or equivalency |

***Vehicle capacity includes the driver.

Note that vehicle acquisition requirements apply to new or used vehicles acquired by private entities not primarily engaged in transportation businesses, but only to new vehicles acquired by private entities primarily engaged in transportation businesses.

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