49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations

§ 38.111 General.

[56 FR 45756, Sept. 6, 1991, as amended at 76 FR 57939, Sept. 19, 2011]

(a) New, used and remanufactured intercity rail cars, to be considered accessible by regulations in part 37 of this title shall comply with this subpart to the extent required for each type of car as specified below.

(1) Single-level rail passenger coaches and food service cars (other than single-level dining cars) shall comply with §§38.113 through 38.123 of this part. Compliance with §38.125 of this part shall be required only to the extent necessary to meet the requirements of paragraph (d) of this section.

(2) Single-level dining and lounge cars shall have at least one connecting doorway complying with §38.113(a)(2) of this part connected to a car accessible to persons using wheelchairs or mobility aids, and at least one space complying with §§38.125(d) (2) and (3) of this part, to provide table service to a person who wishes to remain in his or her wheelchair, and space to fold and store a wheelchair for a person who wishes to transfer to an existing seat.

(3) Bi-level dining cars shall comply with §§38.113(a)(2), 38.115(b), 38.117(a), and 38.121 of this part.

(4) Bi-level lounge cars shall have doors on the lower level, on each side of the car from which passengers board, complying with §38.113, a restroom complying with §38.123, and at least one space complying with §38.125(d)(2) and (3) to provide table service to a person who wishes to remain in his or her wheelchair and space to fold and store a wheelchair for a person who wishes to transfer to an existing seat.

(5) Restrooms, complying with §38.123 shall be provided in single-level rail passenger coaches and food services cars adjacent to the accessible seating locations required by paragraph (d) of this section. Accessible restrooms are required in dining and lounge cars only if restrooms are provided for other passengers.

(6) Sleeper cars shall comply with §§38.113 (b) through (d), 38.115 through 38.121, and 38.125, of this part, and have at least one compartment which can be entered and used by a person using a wheelchair or mobility aid and complying with §38.127 of this part.

(b)

(1) Unless structurally or operationally impracticable, intercity rail cars shall comply with §38.113(d) of this part for level boarding.

(2) Where level boarding is structurally or operationally impracticable, intercity rail cars shall comply with §38.125.

(c) If portions of the car are modified in a way that it affects or could affect accessibility, each such portion shall comply, to the extent practicable, with the applicable provisions of this subpart. This provision does not require that inaccessible cars be retrofitted with lifts, ramps or other boarding devices.

(d) Passenger coaches or food service cars shall have the number of spaces complying with §38.125(d)(2) of this part and the number of spaces complying with §38.125(d)(3) of this part, as required by §37.91 of this title.

(e) Existing cars retrofitted to meet the seating requirements of §37.91 of this title shall comply with §38.113(e), §38.123, §38.125(d) of this part and shall have at least one door on each side from which passengers board complying with §38.113(d) of this part. Existing cars designed and manufactured to be accessible in accordance with the Secretary of Transportation regulations implementing section 504 of the Rehabilitation Act of 1973 that were in effect before October 7, 1991, shall comply with §38.125(a) of this part.