U.S. Department of 1200 New Jersey Avenue, SE

Transportation GENERAL COUNSEL Washington, DC 20590

Office of the Secretary 

of Transportation 

49 CFR §§37.41-43; 37.9(a), (d); 

49 CFR Part 37, App. A (810.5.3) DECEMBER 14, 2011

QUESTION:

WHEN A RAIL OPERATOR CONSTRUCTS A NEW STATION PLATFORM OR 

ALTERS AN EXISTING STATION PLATFORM, DOES 49 CFR PART 37 REQUIRE 

THE RAIL OPERATOR ENSURE THAT THE PLATFORM IS AT LEAST 8 INCHES 

ABOVE TOP OF RAIL, EVEN IF THE RAILROAD OPERATOR WILL PROVIDE 

ACCESSIBILITY CONSISTENT WITH THE REQUIREMENTS OF SECTION 37.42?

ANSWER:

• Public entities, such as Amtrak and commuter operators, must construct a new facility for 

use in designated public transportation so that it is readily accessible to and usable by 

persons with disabilities (see sec. 37.41(a)). Likewise, when a public entity alters an 

existing facility or a part of such a facility, the entity must make the alterations in such a 

way that the altered part of the facility is readily accessible to and usable by persons with 

disabilities (see sec. 37.43(a)(1)). This latter requirement also specifically applies to 

alterations of an intercity or commuter rail station by its owner, the “responsible person” 

for the station, or a person in control of the station (see sec. 37.43(a)(3)).

• A transportation facility is considered to be accessible if it meets the Americans with 

Disabilities Act Accessibility Guidelines (ADAAG; see 36 CFR Part 1191, including 

Appendices B and D), as modified by Appendix A to Part 37.

• Appendix A to Part 37 (see section 801.5.3) provides that low-level platforms in rail 

stations must be at least 8 inches above top of rail (ATR). We note that there may be rare 

situations in which meeting this requirement is impracticable (e.g., there is a highway 

grade crossing intersecting the platform). FRA and/or FTA will address such unusual 

situations on a case-by-case basis, as needed.

• Because of these requirements, when an intercity or commuter railroad constructs or 

alters a platform, it must ensure the platform is at least 8 inches ATR. Note that 

alterations to parts of a station other than the platform do not trigger this requirement.
2

• In addition to this basic facility accessibility requirement, section 37.42 requires a 

railroad that alters a station platform and does not provide level boarding to ensure that 

passengers with disabilities can board any accessible car of a train available to other 

passengers at that station, using means including car-borne lifts, station-based lifts, or 

mini-high platforms. Meeting this requirement does not exempt the railroad from the 

separate requirement to ensure that an altered or newly constructed platform is at least 8 

inches ATR. 

• While a platform 8 inches above ATR generally does not provide level boarding, a 

platform at this height does facilitate boarding by ambulatory passengers, including 

passengers (e.g., elderly persons) who might have difficulty ascending a vertical distance 

greater than the normal vertical gap between an 8-inch ATR platform and the first step of 

a railroad car. 

The General Counsel of the Department of Transportation has reviewed this document and 

approved it as consistent with the language and intent of 49 CFR Part 37.