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42 U.S.C. § 12148 — Temporary relief where lifts are unavailable
Federal law — U.S. Code and appendices · legal_authorities
**(a) Granting** With respect to the purchase of new buses, a public entity may apply for, and the Secretary may temporarily relieve such public entity from the obligation under section 12142(a) or 12144 of this title to purchase new buses that are readily accessible to and usable by individuals with disabilities if such public entity demonstrates to the satisfaction of the Secretary—
(1) that the initial solicitation for new buses made by the public entity specified that all new buses were to be lift-equipped and were to be otherwise accessible to and usable by individuals with disabilities;
(2) the unavailability from any qualified manufacturer of hydraulic, electromechanical, or other lifts for such new buses;
(3) that the public entity seeking temporary relief has made good faith efforts to locate a qualified manufacturer to supply the lifts to the manufacturer of such buses in sufficient time to comply with such solicitation; and
(4) that any further delay in purchasing new buses necessary to obtain such lifts would significantly impair transportation services in the community served by the public entity.
**(b) Duration and notice to Congress** Any relief granted under subsection (a) shall be limited in duration by a specified date, and the appropriate committees of Congress shall be notified of any such relief granted.
**(c) Fraudulent application** If, at any time, the Secretary has reasonable cause to believe that any relief granted under subsection (a) was fraudulently applied for, the Secretary shall—
(1) cancel such relief if such relief is still in effect; and
(2) take such other action as the Secretary considers appropriate.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12148
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Stable record: federal_law:legal_authorities:record_usc_1e96b992eca496170060a499
Source file: Laws/federal/codes/united-states-code/title-42/section-12148-temporary-relief-where-lifts-are-unavailable--cdb9f72d57.md
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Source location: Title 42, Chapter 126, § 12148; chapter-126-equal-opportunity-for-individuals-with-disabilities.md
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**(a) Granting** With respect to the purchase of new buses, a public entity may apply for, and the Secretary may temporarily relieve such public entity from the obligation under section 12142(a) or 12144 of this title to purchase new buses that are readily accessible to and usable by individuals with disabilities if such public entity demonstrates to the satisfaction of the Secretary—
(1) that the initial solicitation for new buses made by the public entity specified that all new buses were to be lift-equipped and were to be otherwise accessible to and usable by individuals with disabilities;
(2) the unavailability from any qualified manufacturer of hydraulic, electromechanical, or other lifts for such new buses;
(3) that the public entity seeking temporary relief has made good faith efforts to locate a qualified manufacturer to supply the lifts to the manufacturer of such buses in sufficient time to comply with such solicitation; and
(4) that any further delay in purchasing new buses necessary to obtain such lifts would significantly impair transportation services in the community served by the public entity.
**(b) Duration and notice to Congress** Any relief granted under subsection (a) shall be limited in duration by a specified date, and the appropriate committees of Congress shall be notified of any such relief granted.
**(c) Fraudulent application** If, at any time, the Secretary has reasonable cause to believe that any relief granted under subsection (a) was fraudulently applied for, the Secretary shall—
(1) cancel such relief if such relief is still in effect; and
(2) take such other action as the Secretary considers appropriate.
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Federal law — U.S. Code and appendices · legal_authorities
Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12141
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Federal law — U.S. Code and appendices · legal_authorities
Page 8252
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12148
determined under criteria established by the At-
torney General).
(b) Special rule for stations
(1) General rule
For purposes of section 12132 of this title and
section 794 of title 29, it shall be considered
discrimination for a public entity that pro-
vides designated public transportation to fail,
in accordance with the provisions of this sub-
section, to make key stations (as determined
under criteria established by the Secretary by
regulation) in rapid rail and light rail systems
readily accessible to and usable by individuals
with disabilities, including individuals who
use wheelchairs.
(2) Rapid rail and light rail key stations
(A) Accessibility
Except as otherwise provided in this para-
graph, all key stations (as determined under
criteria established by the Secretary by reg-
ulation) in rapid rail and light rail systems
shall be made readily accessible to and usa-
ble by individuals with disabilities, includ-
ing individuals who use wheelchairs, as soon
as practicable but in no event later than the
last day of the 3-year period beginning on
July 26, 1990.
(B) Extension for extraordinarily expensive
structural changes
The Secretary may extend the 3-year pe-
riod under subparagraph (A) up to a 30-year
period for key stations in a rapid rail or
light rail system which stations need ex-
traordinarily expensive structural changes
to, or replacement of, existing facilities; ex-
cept that by the last day of the 20th year fol-
lowing July 26, 1990, at least 2⁄3 of such key
stations must be readily accessible to and
usable by individuals with disabilities.
(3) Plans and milestones
The Secretary shall require the appropriate
public entity to develop and submit to the
Secretary a plan
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12148
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.