This section contains amendments from September 28,
1998.
37.193 Interim service requirements.
(a) Until 100 percent of the fleet of a large or small operator uses to
provide fixed-route service is composed of accessible OTRBs, the
operator shall meet the following interim service requirements:
(1) Beginning one year from the date
on which the requirements of this subpart begin to apply to the
operator, it shall ensure that any individual with a disability that
requests service in an accessible OTRB receives such service.
(i) The operator may require up to 48
hours' advance notice to provide this service.
(ii) If the individual with a disability does not provide the advance
notice the operator requires, the operator shall nevertheless provide
the service if it can do so by making a reasonable effort.
(iii) If the trip on which the person with a disability wishes to
travel is already provided by an accessible bus, the operator has met
this requirement.
(2) Before a date one year from the
date on which this subpart applies to the operator, an operator which
is unable to provide the service specified in paragraph (a) of this
section shall comply with the requirements of Sec. 37.169.
(3) Interim service under this paragraph (a) is not required to be
provided by a small operator who is providing equivalent service to its
fixed-route service as provided in Sec. 37.183(b)(2).
(b) Some small fixed-route operators may never have a fleet 100 percent
of which consists of accessible buses (e.g., a small fixed-route
operator who exclusively or primarily purchases or leases used buses).
Such an operator must continue to comply with the requirements of this
section with respect to any service that is not provided entirely with
accessible buses.
(c) Before a date one year from the date on which this subpart applies
to an operator providing demand-responsive service, an operator which
is unable to provide the service described in Sec. 37.189 shall comply
with the requirements of Sec. 37.169.