49 C.F.R. § 37.163

Keeping vehicle lifts in operative condition: Public entities

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(a) This section applies only to public entities with respect to lifts in non-rail vehicles.

(b) The entity shall establish a system of regular and frequent maintenance checks of lifts sufficient to determine if they are operative.

(c) The entity shall ensure that vehicle operators report to the entity, by the most immediate means available, any failure of a lift to operate in service.

(d) Except as provided in paragraph (e) of this section, when a lift is discovered to be inoperative, the entity shall take the vehicle out of service before the beginning of the vehicle's next service day and ensure that the lift is repaired before the vehicle returns to service.

(e) If there is no spare vehicle available to take the place of a vehicle with an inoperable lift, such that taking the vehicle out of service will reduce the transportation service the entity is able to provide, the public entity may keep the vehicle in service with an inoperable lift for no more than five days (if the entity serves an area of 50,000 or less population) or three days (if the entity serves an area of over 50,000 population) from the day on which the lift is discovered to be inoperative.

(f) In any case in which a vehicle is operating on a fixed route with an inoperative lift, and the headway to the next accessible vehicle on the route exceeds 30 minutes, the entity shall promptly provide alternative transportation to individuals with disabilities who are unable to use the vehicle because its lift does not work.

Notes of Decisions

Cited in 6 cases, 1999–2020 · leading case: Martin v. Metropolitan Atlanta Rapid Transit Authority

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Martin v. Metropolitan Atlanta Rapid Transit Authority (2002) gand · cites it 6× “49 C.F.R. § 37.163 (e). In addition, Plaintiffs assert that MARTA does not have an effective system of alternative transportation in place when lifts fail during a run.”

Joseph Midgett v. Tri-County Metropolitan Transportation District of Oregon (2001) ca9 “Under certain circumstances, 49 C.F.R. § 37.163 permits buses with inoperative lifts in this type of service area to remain in service *850 for up to three days after the problem is discovered, and § 37.”

Kramer v. Port Authority of Allegheny County (2005) pacommwct · cites it 2× “49 C.F.R. § 37.163 . PAT also is required to ensure that vehicle operators and other personnel make use of accessibility-related equipment or facilities and to ensure that its personnel are trained to proficiency, so that they operate vehicles and equipment safely and properly…”

Tandy v. City of Wichita (2002) ksd “49 C.F.R. § 37.163 , titled “Keeping vehicle lifts in operative condition” requires essentially three things of public transit providers: 1) a system of regular and frequent maintenance checks of lifts sufficient to maintain operability; 2) a system to ensure that vehicle…”

Midgett v. Tri-County Metropolitan Transportation District (1999) ord “For example, 49 C.F.R. § 37.163 provides, in relevant part, that (b) The entity shall establish a system of regular and frequent maintenance checks of lifts sufficient to determine if they are operative.”

Morataya v. Metro RTA (2020) ohnd “) Title 49 C.F.R. § 37.163 , titled “Keeping vehicle lifts in operative condition[,]” requires public transit providers to institute a 17 system of regular and frequent maintenance checks of the lift and ensure that vehicle operators report lift failures as quickly as possible,…”

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