49 C.F.R. § 37.167

Other service requirements

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(a) This section applies to public and private entities.

(b) On fixed route systems, the entity shall announce stops as follows:

(1) The entity shall announce at least at transfer points with other fixed routes, other major intersections and destination points, and intervals along a route sufficient to permit individuals with visual impairments or other disabilities to be oriented to their location.

(2) The entity shall announce any stop on request of an individual with a disability.

(c) Where vehicles or other conveyances for more than one route serve the same stop, the entity shall provide a means by which an individual with a visual impairment or other disability can identify the proper vehicle to enter or be identified to the vehicle operator as a person seeking a ride on a particular route.

(d) The entity shall permit service animals to accompany individuals with disabilities in vehicles and facilities.

(e) The entity shall ensure that vehicle operators and other personnel make use of accessibility-related equipment or features required by part 38 of this title.

(f) The entity shall make available to individuals with disabilities adequate information concerning transportation services. This obligation includes making adequate communications capacity available, through accessible formats and technology, to enable users to obtain information and schedule service.

(g) The entity shall not refuse to permit a passenger who uses a lift to disembark from a vehicle at any designated stop, unless the lift cannot be deployed, the lift will be damaged if it is deployed, or temporary conditions at the stop, not under the control of the entity, preclude the safe use of the stop by all passengers.

(h) The entity shall not prohibit an individual with a disability from traveling with a respirator or portable oxygen supply, consistent with applicable Department of Transportation rules on the transportation of hazardous materials (49 CFR subtitle B, chapter 1, subchapter C).

(i) The entity shall ensure that adequate time is provided to allow individuals with disabilities to complete boarding or disembarking from the vehicle.

(j)(1) When an individual with a disability enters a vehicle, and because of a disability, the individual needs to sit in a seat or occupy a wheelchair securement location, the entity shall ask the following persons to move in order to allow the individual with a disability to occupy the seat or securement location:

(i) Individuals, except other individuals with a disability or elderly persons, sitting in a location designated as priority seating for elderly and handicapped persons (or other seat as necessary);

(ii) Individuals sitting in or a fold-down or other movable seat in a wheelchair securement location.

(2) This requirement applies to light rail, rapid rail, and commuter rail systems only to the extent practicable.

(3) The entity is not required to enforce the request that other passengers move from priority seating areas or wheelchair securement locations.

(4) In all signage designating priority seating areas for elderly persons and persons with disabilities, or designating wheelchair securement areas, the entity shall include language informing persons sitting in these locations that they should comply with requests by transit provider personnel to vacate their seats to make room for an individual with a disability. This requirement applies to all fixed route vehicles when they are acquired by the entity or to new or replacement signage in the entity's existing fixed route vehicles.

[56 FR 45621, Sept. 6, 1991, as amended at 58 FR 63103, Nov. 30, 1993]

Notes of Decisions

Cited in 12 cases (3 in the last 5 years), 2002–2024 · 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. § 37.167 (b)(1). “The entity shah announce any stop on request of an individual with a disability.”

Tandy v. City of Wichita (2004) ca10 “167(b), (j)(l) (emphasis added). Thus, the conduct which Donnell seeks to have adjudicated is Wichita Transit’s failure, as the “entity” in question, to comply with these provisions.”

Barry Segal v. Metropolitan Council (2022) ca8 · cites it 2× “Segal moved for partial summary judgment on the question of liability, arguing the question was foreclosed because Metro Transit violated two Department of Transportation (“DOT”) regulations: 49 C.F.R. § 37.167 (c), which requires a stop and announce policy, and 49 C.”

Access Now, Inc. v. Southwest Airlines, Co. (2002) flsd “2002) (quoting 49 C.F.R. § 37.167 (f)). That case, however, is distinguishable in one critical respect: Plaintiffs in Vincent Martin filed suit under both the Rehabilitation Act of 1973, as amended, 29 U.”

Kramer v. Port Authority of Allegheny County (2005) pacommwct “49 C.F.R. § 37.167 (e), 49 C.F.R. § 37.173 .”

O.E. v. New Orleans Regional Transit Authority (2024) laed · cites it 19× “167 (g) by allowing Plaintiff to board and disembark at any streetcar stop where the wheelchair lift can be safely deployed, regardless of whether RTA believes a particular stop is fully compliant with the technical scoping requirements of the ADA; and (2) an order stating that…”

Pilling v. Bay Area Rapid Transit (2012) cand “Although not mentioned by the parties, the Court notes that 49 C.F.R. § 37.167 , entitled "Other service requirements,” lists particular services that must be provided or permitted, such as announcement of particular transit stops, service animals, accessible transit…”

Levine v. National Railroad Passenger Corporation (2015) dcd “Pursuant to 49 C.F.R. § 37.167 , entities must “permit service animals to accompany individuals with disabilities in vehicles and facilities.”

Gustafson v. Bi-State Development Agency of the Missouri-Illinois Metropolitan District (2019) moed · cites it 2× “173 ; (3) failure to ensure vehicle operators and other personnel make use of accessibility-related equipment or features in violation of 49 C.F.R. § 37.167 (e); (4) failure to prioritize the repair, maintenance, and inspection of accessibility features in violation of 49 C.”

Del Moral v. Metropolitan Bus Authority (2015) prd · cites it 2× “58-26 at 5) (quoting 49 C.F.R. § 37.167 [b][l]). But that regulation does not apply here because AMA’s Llame y Viaje service is not a “fixed route” system, but a “demand responsive” one.”

Segal v. Metropolitan Council (2020) mnd “” 49 C.F.R. § 37.167 (c). The other regulation states that public entities such as Metro Transit “shall ensure that personnel are trained to proficiency, as appropriate to their duties” so that they may safely and properly assist individuals with disabilities.”

Sanchez v. City of Albuquerque (2021) nmd “49 C.F.R. § 37.167 . Sanchez contends that, “[a]s a direct and proximate result of the negligence of the Defendants, [Sanchez] suffered injuries both temporary and permanent, to [his] body and by reason of said injuries has been required to obtain doctor and medical treatment,…”

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