Private university-operated transportation systems are subject to the requirements of this rule for private entities not primarily engaged in the business of transporting people. With one important exception, public university-operated transportation systems are subject to the requirements of the rule for public entities. The nature of the systems involved -- demand-responsive or fixed route -- determines the precise requirements involved.(b) Transportation systems operated by public institutions of higher education are subject to the provisions of this Part governing public entities. If a public institution of higher education operates a fixed route system, the requirements of this Part governing commuter bus service apply to that system.
For public university fixed route systems, public entity requirements apply. In the case of fixed route systems, the requirements for commuter bus service would govern. This has the effect of requiring the acquisition of accessible vehicles and compliance with most other provisions of the rule, but does not require the provision of complementary paratransit or submitting a paratransit plan. As a result, private and public universities will have very similar obligations under the rule.
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