Why can’t the seats in the Caltrain bike car be reserved for only bicyclists?
To answer that, we look to guidance provided by the federal Department of Transportation. Department of Transportation Americans with Disabilities Act regulation 49 Code of Federal Regulations section 37.167(j) requires transit operators to request that riders move to allow an individual with a disability to sit in priority seating and requires the posting of signs identifying priority seats, also stating that able-bodied riders should make seats available to passengers with disabilities. The regulation then goes on to relieve operators of any requirement to force riders who say “no” to moving. Consistent with 49 CFR section 37.167, Caltrain doesn’t require people sitting in priority seats to move to accommodate individuals with disabilities – who are a protected class. So, to require such movement from non-bike users to accommodate bike riders would be inconsistent, essentially placing the rights of bike riders on a higher level than the rights of people with disabilities.
