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37.81  Purchase or lease of used rail vehicles by public entities operating rapid or light rail systems.

1. The initial solicitation for used vehicles made by the public entity specifying that all used vehicles were to be accessible to and usable by individuals with disabilities, or, if a solicitation is not used, a documented communication so stating;
2. A nationwide search for accessible vehicles, involving specific inquiries to manufacturers and other transit providers; and
3. Advertising in trade publications and contacting trade associations.

This section lays out the requirements for a public entity acquiring a used rail vehicle.  The requirements and standards are the same as those specified for non-rail vehicles in §37.73.  While we recognize it may create difficulties for entities in some situations, the statute does not include any extension or short-term leases.  The Department will consider, in a case-by-case basis, how the good faith efforts requirement would apply in the case of an agreement between rail carriers to permit quick-response, short-term leases of cars over a period of time.