---
kind: "section"
citation: "49 C.F.R. § 37.189"
title: "49"
number: "37.189"
heading: "Service requirement for OTRB demand-responsive systems."
url: "https://uscodex.org/cfr/49/37.189"
---

# §37.189. Service requirement for OTRB demand-responsive systems.

- (a) This section applies to private entities primarily in the business of transporting people, whose operations affect commerce, and that provide demand-responsive OTRB service. Except as needed to meet the other requirements of this section, these entities are not required to purchase or lease accessible buses in connection with providing demand-responsive service.
- (b) Demand-responsive operators shall ensure that, beginning one year from the date on which the requirements of this subpart begin to apply to the entity, any individual with a disability who requests service in an accessible OTRB receives such service. This requirement applies to both large and small operators.
- (c) The operator may require up to 48 hours' advance notice to provide this service.
- (d) If the individual with a disability does not provide the advance notice the operator requires under [paragraph (a)](#a) of this section, the operator shall nevertheless provide the service if it can do so by making a reasonable effort.
- (e) To meet this requirement, an operator is not required to fundamentally alter its normal reservation policies or to displace another passenger who has reserved a seat on the bus. The following examples illustrate the provisions of this [paragraph (e)](#e):

## Notes

### Source

Source: 63 FR 51690, Sept. 28, 1998, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 12101-12213; 49 U.S.C. 322.

### Source

Source: 56 FR 45621, Sept. 6, 1991, unless otherwise noted.