February 8, 1994

Coordination and Review Section
Civil Rights Division
U. S. Department of Justice
PO Box 66118
Washington, D.C. 20035-6118

Dear Sir:

Regarding:    a.    Public Law 101-336, July 25, 1990 - Americans with 
                    Disabilities Act of 1990

              b.    Part 38 - Americans with Disabilities Act (ADA), 
                    Accessibility Specifications for Transportation Vehicles,
                    Subparts A and B, Federal Register, Vol 56, No. 173, Part 
                    IV, Department of Transportation, 49 CFR

Question - If a private nursing home and/or retirement center operates 
an existing and/or purchases a new standard, automotive van, less than 
22 feet in length and capacity of 8-15 passengers or less including the 
driver, to transport only the residents of their specific organization 
at no charge to the residents:

a.   Must the vehicle be accessible to wheelchair individuals?

b. If so, must the vehicle comply with the guidelines and requirements for   
accessibility standards as specified in Part 38, subpart B?

c. If the answer to a and/or b above are yes, what parts of Public Law 101
      336 require this compliance?

d. If the answer to a and/or b above are yes, what parts of 28 CFR Part 36 
      require this compliance?

e. If the answer to a and/or b above are yes, what parts of 49 CFR Parts 27, 
      37, and 38 require this compliance?








                                             
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Our interpretation of 28 CFR Part 36.310 and 49 CFR Part 37.101 - Since 
the vehicle has seating capacity of 16 or less, is operated by a 
private entity not primarily engaged in the business of transporting
people, and is not operated on a fixed route, it is our interpretation 
that:  1) Existing vehicles do not have to be retrofitted to comply and 2) 
that new vehicles purchased do not have to comply with 49CFR Part 38, 
Subpart A and B.

Your assistance is greatly appreciated.

                                             Sincerely,







                                             KENNETH CONAWAY












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