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42 U.S.C. § 12182 — Regulations
Federal law — U.S. Code and appendices · legal_authorities
Not later than 1 year after July 26, 1990, the Secretary of Transportation shall issue regulations, in an accessible format, necessary for carrying out this subpart.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12182
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Stable record: federal_law:legal_authorities:record_usc_3691781715ac4d5b53984736
Source file: Laws/federal/codes/united-states-code/title-42/section-12182-regulations--6ae46df854.md
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Source location: Title 42, Chapter 126, § 12182; chapter-126-equal-opportunity-for-individuals-with-disabilities.md
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Not later than 1 year after July 26, 1990, the Secretary of Transportation shall issue regulations, in an accessible format, necessary for carrying out this subpart.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Public transportation programs and activities in existing facilities**
(1) **In general** — With respect to existing facilities used in the provision of designated public transportation services, it shall be considered discrimination, for purposes of [section 12132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12132&num=0&edition=prelim) and [section 794 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794&num=0&edition=prelim), for a public entity to fail to operate a designated public transportation program or activity conducted in such facilities so that, when viewed in the entirety, the program or activity is readily accessible to and usable by individuals with disabilities.
(2) **Exception** — Paragraph (1) shall not require a public entity to make structural changes to existing facilities in order to make such facilities accessible to individuals who use wheelchairs, unless and to the extent required by [section 12147(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12147/a&num=0&edition=prelim) (relating to alterations) or [section 12147(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12147/b&num=0&edition=prelim) (relating to key stations).
(3) **Utilization** — Paragraph (1) shall not require a public entity to which paragraph (2) applies, to provide to individuals who use wheelchairs services made available to the general public at such facilities when such individuals could not utilize or benefit from such services provided at such facilities.
**(b) One car per train rule**
(1) **General rule** — Subject to paragraph (2), with respect to 2 or more vehicles operated as a train
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12161
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
(1) **Commerce** — The term “commerce” means travel, trade, traffic, commerce, transportation, or communication—
(A) among the several States;
(B) between any foreign country or any territory or possession and any State; or
(C) between points in the same State but through another State or foreign country.
(2) **Commercial facilities** — The term “commercial facilities” means facilities—
(A) that are intended for nonresidential use; and
(B) whose operations will affect commerce.
Such term shall not include railroad locomotives, railroad freight cars, railroad cabooses, railroad cars described in [section 12162 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12162&num=0&edition=prelim) or covered under this subchapter, railroad rights-of-way, or facilities that are covered or expressly exempted from coverage under the Fair Housing Act of 1968 11 See References in Text note below. ([42 U.S.C. 3601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3601&num=0&edition=prelim) et seq.).
(3) **Demand responsive system** — The term “demand responsive system” means any system of providing transportation of individuals by a vehicle, other than a system which is a fixed route system.
(4) **Fixed route system** — The term “fixed route system” means a system of providing transportation of individuals (other than by aircraft) on which a vehicle is operated along a prescribed route according to a fixed schedule.
(5) **Over-the-road bus** — The term “over-the-road bus” means a bus characterized by an elevated passenger deck located over a baggage compartment.
(6) **Private entity** — The term “private entity” means any entity other than a public entity (as defined in
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12184
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Transportation provisions**
(1) **General rule** — Not later than 1 year after July 26, 1990, the Secretary of Transportation shall issue regulations in an accessible format to carry out sections 11 So in original. Probably should be “section”. 12182(b)(2)(B) and (C) of this title and to carry out [section 12184 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12184&num=0&edition=prelim) (other than subsection (b)(4)).
(2) **Special rules for providing access to over-the-road buses**
(A) *Interim requirements*
(i) *Issuance* — Not later than 1 year after July 26, 1990, the Secretary of Transportation shall issue regulations in an accessible format to carry out sections 12184(b)(4) and 12182(b)(2)(D)(ii) of this title that require each private entity which uses an over-the-road bus to provide transportation of individuals to provide accessibility to such bus; except that such regulations shall not require any structural changes in over-the-road buses in order to provide access to individuals who use wheelchairs during the effective period of such regulations and shall not require the purchase of boarding assistance devices to provide access to such individuals.
(ii) *Effective period* — The regulations issued pursuant to this subparagraph shall be effective until the effective date of the regulations issued under subparagraph (B).
(B) *Final requirement*
(i) *Review of study and interim requirements* — The Secretary shall review the study submitted under [section 12185 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12185&num=0&edition=prelim) and the regulations issued pursuant to subparagraph (A).
(ii) *Issuance* — Not later than 1 year after the date
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12189
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Availability of remedies and procedures** — The remedies and procedures set forth in [section 2000a–3(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000a–3/a&num=0&edition=prelim) are the remedies and procedures this subchapter provides to any person who is being subjected to discrimination on the basis of disability in violation of this subchapter or who has reasonable grounds for believing that such person is about to be subjected to discrimination in violation of [section 12183 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12183&num=0&edition=prelim). Nothing in this section shall require a person with a disability to engage in a futile gesture if such person has actual notice that a person or organization covered by this subchapter does not intend to comply with its provisions.
(2) **Injunctive relief** — In the case of violations of sections 12182(b)(2)(A)(iv) and section 11 So in original. The word “section” probably should not appear. 12183(a) of this title, injunctive relief shall include an order to alter facilities to make such facilities readily accessible to and usable by individuals with disabilities to the extent required by this subchapter. Where appropriate, injunctive relief shall also include requiring the provision of an auxiliary aid or service, modification of a policy, or provision of alternative methods, to the extent required by this subchapter.
**(b) Enforcement by Attorney General**
(1) **Denial of rights**
(A) *Duty to investigate*
(i) *In general* — The Attorney General shall investigate alleged violations of this subchapter, and shall undertake periodic reviews of compliance of covered entities under this subchapt
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12202
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Federal law — U.S. Code and appendices · legal_authorities
Page 8259
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12182
was added by Pub. L. 110–432, div. A, § 2(b)(1), (2), Oct.
16, 2008, 122 Stat. 4850.
This chapter, referred to in par. (9)(A), was in the
original ‘‘this Act’’, meaning Pub. L. 101–336, July 26,
1990, 104 Stat. 327, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 12101
of this title and Tables.
CODIFICATION
In par. (8), ‘‘section 20102(1) of title 49’’ substituted
for ‘‘section 202(e) of the Federal Railroad Safety Act of
1970 (45 U.S.C. 431(e))’’ on authority of Pub. L. 103–272,
§ 6(b), July 5, 1994, 108 Stat. 1378, the first section of
which enacted subtitles II, III, and V to X of Title 49,
Transportation.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 101–336, title III, § 310, July 26, 1990, 104 Stat.
365, provided that:
‘‘(a) GENERAL
RULE.—Except as provided in sub-
sections (b) and (c), this title [enacting this sub-
chapter] shall become effective 18 months after the
date of the enactment of this Act [July 26, 1990].
‘‘(b) CIVIL
ACTIONS.—Except for any civil action
brought for a violation of section 303 [section 12183 of
this title], no civil action shall be brought for any act
or omission described in section 302 [section 12182 of
this title] which occurs—
‘‘(1) during the first 6 months after the effective
date, against businesses that employ 25 or fewer em-
ployees and have gross receipts of $1,000,000 or less;
and
‘‘(2) during the first year after the effective date,
against businesses that employ 10 or fewer employees
and have gross receipts of $500,000 or less.
‘‘(c) EXCEPTION.—Sections 302(a) [section 12182(a) of
this title] for purposes of section 302(b)(2
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12182
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