49 CFR 37.169 - [Reserved]

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§ 37.169 Process to be used by public entities providing designated public transportation service in considering requests for reasonable modification.

(a)

(1) A public entity providing designated public transportation, in meeting the reasonable modification requirement of § 37.5(i)(3) with respect to its fixed route, demand responsive, and complementary paratransit services, shall respond to requests for reasonable modification to policies and practices consistent with this section.

(2) The public entity shall make information about how to contact the public entity to make requests for reasonable modifications readily available to the public through the same means it uses to inform the public about its policies and practices.

(3) This process shall be in operation no later than July 13, 2015.

(b) The process shall provide a means, accessible to and usable by individuals with disabilities, to request a modification in the entity's policies and practices applicable to its transportation services.

(1) Individuals requesting modifications shall describe what they need in order to use the service.

(2) Individuals requesting modifications are not required to use the term “reasonable modification” when making a request.

(3) Whenever feasible, requests for modifications shall be made and determined in advance, before the transportation provider is expected to provide the modified service, for example, during the paratransit eligibility process, through customer service inquiries, or through the entity's complaint process.

(4) Where a request for modification cannot practicably be made and determined in advance (e.g., because of a condition or barrier at the destination of a paratransit or fixed route trip of which the individual with a disability was unaware until arriving), operating personnel of the entity shall make a determination of whether the modification should be provided at the time of the request. Operating personnel may consult with the entity's management before making a determination to grant or deny the request.

(c) Requests for modification of a public entity's policies and practices may be denied only on one or more of the following grounds:

(1) Granting the request would fundamentally alter the nature of the entity's services, programs, or activities;

(2) Granting the request would create a direct threat to the health or safety of others;

(3) Without the requested modification, the individual with a disability is able to fully use the entity's services, programs, or activities for their intended purpose.

(d) In determining whether to grant a requested modification, public entities shall be guided by the provisions of Appendix E to this Part.

(e) In any case in which a public entity denies a request for a reasonable modification, the entity shall take, to the maximum extent possible, any other actions (that would not result in a direct threat or fundamental alteration) to ensure that the individual with a disability receives the services or benefit provided by the entity.

(f)

(1) Public entities are not required to obtain prior approval from the Department of Transportation for the process required by this section.

(2) DOT agencies retain the authority to review an entity's process as part of normal program oversight.

[80 FR 13261, Mar. 13, 2015, as amended at 80 FR 26196, May 7, 2015]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 12101 - Findings and purpose

§ 12102 - Definition of disability

§ 12103 - Additional definitions

§ 12111 - Definitions

§ 12112 - Discrimination

§ 12113 - Defenses

§ 12114 - Illegal use of drugs and alcohol

§ 12115 - Posting notices

§ 12116 - Regulations

§ 12117 - Enforcement

§ 12131 - Definitions

§ 12132 - Discrimination

§ 12133 - Enforcement

§ 12134 - Regulations

§ 12141 - Definitions

§ 12142 - Public entities operating fixed route systems

§ 12143 - Paratransit as a complement to fixed route service

§ 12144 - Public entity operating a demand responsive system

§ 12145 - Temporary relief where lifts are unavailable

§ 12146 - New facilities

§ 12147 - Alterations of existing facilities

§ 12148 - Public transportation programs and activities in existing facilities and one car per train rule

§ 12149 - Regulations

§ 12150 - Interim accessibility requirements

§ 12161 - Definitions

§ 12162 - Intercity and commuter rail actions considered discriminatory

§ 12163 - Conformance of accessibility standards

§ 12164 - Regulations

§ 12165 - Interim accessibility requirements

§ 12181 - Definitions

§ 12182 - Prohibition of discrimination by public accommodations

§ 12183 - New construction and alterations in public accommodations and commercial facilities

§ 12184 - Prohibition of discrimination in specified public transportation services provided by private entities

§ 12185 - Study

§ 12186 - Regulations

§ 12187 - Exemptions for private clubs and religious organizations

§ 12188 - Enforcement

§ 12189 - Examinations and courses

§ 12201 - Construction

§ 12202 - State immunity

§ 12203 - Prohibition against retaliation and coercion

§ 12204 - Regulations by Architectural and Transportation Barriers Compliance Board

§ 12205 - Attorney’s fees

§ 12205a - Rule of construction regarding regulatory authority

§ 12206 - Technical assistance

§ 12207 - Federal wilderness areas

§ 12208 - Transvestites

§ 12209 - Instrumentalities of Congress

§ 12210 - Illegal use of drugs

§ 12211 - Definitions

§ 12212 - Alternative means of dispute resolution

§ 12213 - Severability

U.S. Code: Title 49 - TRANSPORTATION