601 KAR 1:190. Paratransit as a complement to fixed route bus service

      Section 1. All public entities operating a fixed route bus service under a certificate issued by the Department of Vehicle Regulation pursuant to KRS Chapter 281 shall be governed by the provisions of 49 CFR Part 37.

 

      Section 2. The federal regulation 49 CFR Part 37 as effective on October 7, 1991 is adopted by the Transportation Cabinet. (18 Ky.R. 2902; eff. 5-1-92.)

Notation

      RELATES TO: KRS Chapter 281, 49 C.F.R. 37

      STATUTORY AUTHORITY: 49 C.F.R. 37

      NECESSITY, FUNCTION, AND CONFORMITY: In implementing the Americans with Disabilities Act (ADA) of 1990, the U.S. Department of Transportation promulgated 49 CFR Part 37. This federal regulation requires public entities operating a fixed route system to provide paratransit or other special service to individuals with disabilities that is comparable to the level of service provided to individuals without disabilities who use the fixed route system. However, KRS Chapter 281 requires a fixed route bus provider to provide service only on routes specifically approved by the Transportation Cabinet. The federal regulation requires public entities operating a fixed route bus system to provide complementary transit service to ADA eligible disabled persons within corridors with a width of three-fourths (3/4) of a mile on each side of each fixed route. The public entity is also required to provide a complementary transit service to other specified areas. This administrative regulation is necessary to provide intrastate authority for these public entities to comply with the federal regulations promulgated pursuant to the ADA.