49 C.F.R. § 37.161

Maintenance of accessible features: General

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(a) Public and private entities providing transportation services shall maintain in operative condition those features of facilities and vehicles that are required to make the vehicles and facilities readily accessible to and usable by individuals with disabilities. These features include, but are not limited to, lifts and other means of access to vehicles, securement devices, elevators, signage and systems to facilitate communications with persons with impaired vision or hearing.

(b) Accessibility features shall be repaired promptly if they are damaged or out of order. When an accessibility feature is out of order, the entity shall take reasonable steps to accommodate individuals with disabilities who would otherwise use the feature.

(c) This section does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs.

Notes of Decisions

Cited in 11 cases (3 in the last 5 years), 1997–2024 · leading case: Robert Foley and Patricia Foley v. City of Lafayette, Indiana, and Fred Taylor

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Robert Foley and Patricia Foley v. City of Lafayette, Indiana, and Fred Taylor (2004) ca7 · cites it 10× “The district court, relying on 49 C.F.R. § 37.161 , concluded that the inoperable elevators and snow-covered ramp that prevented Foley from an easy exit from the plat-form were non-actionable isolated or temporary conditions as a matter of law.”

Martin v. Metropolitan Atlanta Rapid Transit Authority (2002) gand · cites it 6× ““These features include, but are not limited to, lifts and other means of access to vehicles, securement devices, elevators, signage and systems to facilitate communications with persons with impaired vision or hearing.”

Zach Hillesheim v. Myron's Cards and Gifts, Inc. (2018) ca8 “2004), citing 49 C.F.R. § 37.161 , interpreted in 49 C.”

Cupolo v. Bay Area Rapid Transit (1997) cand · cites it 6× “” 49 C.F.R. § 37.161 (a). Accessibility features must be repaired promptly and the public entity must take reasonable steps to accommodate individuals with disabilities who would otherwise use a malfunctioning feature.”

Brooklyn Ctr. for Indep. of the Disabled v. Metro. Transp. Auth. (2021) ca2 “” 49 C.F.R. § 37.161 (c). 19 The plaintiffs’ expert evidence therefore contains facts “which might affect the outcome of the suit under the governing law.”

Kramer v. Port Authority of Allegheny County (2005) pacommwct · cites it 2× “49 C.F.R. § 37.161 . “This section does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs.”

Woods v. Centro of Oneida, Inc. (2024) ca2 “4th at 62 (quoting 49 C.F.R. § 37.161 (a)). Those accessibility features, combined with Centro’s flexible pick-up and drop-off policy allowing wheelchair users to board or alight at street corners, curb cuts, or driveways in the vicinity of a bus stop instead of at the bus stop…”

Midgett v. Tri-County Metropolitan Transportation District (1999) ord · cites it 2× “49 C.F.R. § 37.161 establishes the requirements for maintenance and repair of public transportation accessibility features, and also provides, at subsection (c), that "[t]his section does not prohibit isolated or temporary interruptions in service or access due to maintenance or…”

Foley, Robert v. City LaFayette IN (2004) ca7 · cites it 10× “The district court, relying on 49 C.F.R. § 37.161 , concluded that the inoperable elevators and snow-covered ramp that prevented Foley from an easy exit from the plat- form were non-actionable isolated or temporary conditions as a matter of law.”

Reiskin v. Greyhound Lines, Inc (2022) cod · cites it 4× “) For example, 49 C.F.R. § 37.161 requires transportation entities to maintain wheelchair lifts in “operative condition,” but further contemplates that sometimes, pieces of machinery break.”

Gustafson v. Bi-State Development Agency of the Missouri-Illinois Metropolitan District (2019) moed “167 (e); (4) failure to prioritize the repair, maintenance, and inspection of accessibility features in violation of 49 C.F.R. § 37.161 ; (5) failure to put in place or publicize its process for responding to requests for reasonable modification in violation of 49 C.”

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