Regulations last checked for updates: Nov 25, 2024

Title 49 - Transportation last revised: Nov 18, 2024
§ 38.1 - Purpose.

This part provides minimum guidelines and requirements for accessibility standards in part 37 of this title for transportation vehicles required to be accessible by the Americans With Disabilities Act (ADA) of 1990 (42 U.S.C. 1201 et seq.).

§ 38.2 - Equivalent facilitation.

Departures from particular technical and scoping requirements of these guidelines by use of other designs and technologies are permitted where the alternative designs and technologies used will provide substantially equivalent or greater access to and usability of the vehicle. Departures are to be considered on a case-by-case basis under procedures set forth in § 37.7 of this title.

§ 38.3 - Definitions.

See § 37.3 of this title.

§ 38.4 - Miscellaneous instructions.

(a) Dimensional conventions. Dimensions that are not noted as minimum or maximum are absolute.

(b) Dimensional tolerances. All dimensions are subject to conventional engineering tolerances for material properties and field conditions, including normal anticipated wear not exceeding accepted industry-wide standards and practices.

(c) Notes. The text of these guidelines does not contain notes or footnotes. Additional information, explanations, and advisory materials are located in the Appendix.

(d) General terminology. (1) Comply with means meet one or more specification of these guidelines.

(2) If or if * * * then denotes a specification that applies only when the conditions described are present.

(3) May denotes an option or alternative.

(4) Shall denotes a mandatory specification or requirement.

(5) Should denotes an advisory specification or recommendation.

source: 56 FR 45756, Sept. 6, 1991, unless otherwise noted.
cite as: 49 CFR 38.4