49 C.F.R. § 37.207

Discriminatory practices

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It shall be considered discrimination for any operator to—

(a) Deny transportation to passengers with disabilities, except as provided in § 37.5(h);

(b) Use or request the use of persons other than the operator's employees (e.g., family members or traveling companions of a passenger with a disability, medical or public safety personnel) for routine boarding or other assistance to passengers with disabilities, unless the passenger requests or consents to assistance from such persons;

(c) Require or request a passenger with a disability to reschedule his or her trip, or travel at a time other than the time the passenger has requested, in order to receive transportation as required by this subpart;

(d) Fail to provide reservation services to passengers with disabilities equivalent to those provided other passengers; or

(e) Fail or refuse to comply with any applicable provision of this part.

Notes of Decisions

Cited in 2 cases, 2005–2016 · leading case: Rose v. Wayne Cnty. Airport Auth., 210 F. Supp. 3d 870 (E.D. Mich. 2016).

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Rose v. Wayne Cnty. Airport Auth., 210 F. Supp. 3d 870 (E.D. Mich. 2016). “, 49 C.F.R. § 37.207 (d) (prohibiting bus operators from requiring advance reservations in order to secure accessible service)), and (b) “to avoid providing ‘accommodations’ that burden and fundamentally alter the nature of [its] service, threatening [its] very existence”; (3)…”

Kramer v. Port Auth. of Allegheny Cnty., 876 A.2d 487 (Pa. Commw. Ct. 2005). “In addition, the provisions of 49 C.F.R. § 37.207 state that it shall be considered discrimination for any operator to deny transportation to passengers with disabilities or to fail or refuse to comply with any applicable provision of Title 49 (Transportation), Part 37…”

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