Old habits die hard. It’s the time of year when over-the-road bus operators would traditionally file their ADA annual reports (49 CFR part 37(h)). However, since 2016, the U.S. Department of Transportation no longer requires those reports to be submitted, though the recordkeeping requirement still exists.
Even five years in, this remains a source of confusion for some operators who continue to try to submit their reports. However, the important takeaway is that all ADA recordkeeping requirements remain in place, and those records could be required for a future compliance review.
Background
In October 2016, the U.S. DOT released a statement regarding the Americans with Disabilities Act (ADA) annual reports for over-the-road bus operators, previously due each year on Oct. 31:
“Since the Paperwork Reduction Act (PRA) approvals underlying the reporting requirement at 49 CFR 37.213 for over-the-road bus (OTRB) have expired, operators are not currently required to submit the annual reports required under this regulation.
“However, please note that the regulation still remains in effect. The Department is currently evaluating the need to renew the PRA approvals for this regulation and will notify the industry once a decision has been made. Until the PRA approvals for 49 CFR 37.213 have been renewed, operators are not required to submit the reports required by such regulation.”
Summary
OTRB companies are required to comply with 49 CFR part 37(h). To review a summary provided by the Federal Motor Carrier Safety Administration of the regulations and an OTRB company’s obligations, click here.
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Ken Presley is United Motorcoach Association’s Vice President, Legislative & Regulatory Affairs & Industry Relations, and Chief Operations Officer.
