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42 U.S.C. § 12189 — Regulations
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
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Stable record: federal_law:legal_authorities:record_usc_47b302a14435151cef575e9f
Source file: Laws/federal/codes/united-states-code/title-42/section-12189-regulations--42ccd73518.md
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Source location: Title 42, Chapter 126, § 12189; chapter-126-equal-opportunity-for-individuals-with-disabilities.md
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**(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 of the submission of the study under [section 12185 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12185&num=0&edition=prelim), the Secretary shall issue in an accessible format new regulations to carry out sections 12184(b)(4) and 12182(b)(2)(D)(ii) of this title that require, taking into account the purposes of the study under [section 12185 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12185&num=0&edition=prelim) and any recommendations resulting from such study, each private entity which uses an over-the-road bus to provide transportation to individuals to provide accessibility to such bus to individuals with disabilities, including individuals who use wheelchairs.
(iii) *Effective period* — Subject to [section 12185(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12185/d&num=0&edition=prelim), the regulations issued pursuant to this subparagraph shall take effect—
(I) with respect to small providers of transportation (as defined by the Secretary), 3 years after the date of issuance of final regulations under clause (ii); and
(II) with respect to other providers of transportation, 2 years after the date of issuance of such final regulations.
(C) *Limitation on requiring installation of accessible restrooms* — The regulations issued pursuant to this paragraph shall not require the installation of accessible restrooms in over-the-road buses if such installation would result in a loss of seating capacity.
(3) **Standards** — The regulations issued pursuant to this subsection shall include standards applicable to facilities and vehicles covered by sections 12182(b)(2) and 12184 of this title.
**(b) Other provisions** Not later than 1 year after July 26, 1990, the Attorney General shall issue regulations in an accessible format to carry out the provisions of this subchapter not referred to in subsection (a) that include standards applicable to facilities and vehicles covered under [section 12182 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12182&num=0&edition=prelim).
**(c) Consistency with ATBCB guidelines** Standards included in regulations issued under subsections (a) and (b) shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with [section 12204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12204&num=0&edition=prelim).
**(d) Interim accessibility standards**
(1) **Facilities** — If final regulations have not been issued pursuant to this section, for new construction or alterations for which a valid and appropriate State or local building permit is obtained prior to the issuance of final regulations under this section, and for which the construction or alteration authorized by such permit begins within one year of the receipt of such permit and is completed under the terms of such permit, compliance with the Uniform Federal Accessibility Standards in effect at the time the building permit is issued shall suffice to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities as required under [section 12183 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12183&num=0&edition=prelim), except that, if such final regulations have not been issued one year after the Architectural and Transportation Barriers Compliance Board has issued the supplemental minimum guidelines required under [section 12204(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12204/a&num=0&edition=prelim), compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations.
(2) **Vehicles and rail passenger cars** — If final regulations have not been issued pursuant to this section, a private entity shall be considered to have complied with the requirements of this subchapter, if any, that a vehicle or rail passenger car be readily accessible to and usable by individuals with disabilities, if the design for such vehicle or car complies with the laws and regulations (including the Minimum Guidelines and Requirements for Accessible Design and such supplemental minimum guidelines as are issued under [section 12204(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12204/a&num=0&edition=prelim)) governing accessibility of such vehicles or cars, to the extent that such laws and regulations are not inconsistent with this subchapter and are in effect at the time such design is substantially completed.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Except as otherwise provided in this chapter, nothing in this chapter shall be construed to apply a lesser standard than the standards applied under title V of the Rehabilitation Act of 1973 ([29 U.S.C. 790](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section790&num=0&edition=prelim) et seq.) or the regulations issued by Federal agencies pursuant to such title.
**(b) Relationship to other laws** Nothing in this chapter shall be construed to invalidate or limit the remedies, rights, and procedures of any Federal law or law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for the rights of individuals with disabilities than are afforded by this chapter. Nothing in this chapter shall be construed to preclude the prohibition of, or the imposition of restrictions on, smoking in places of employment covered by subchapter I, in transportation covered by subchapter II or III, or in places of public accommodation covered by subchapter III.
**(c) Insurance** Subchapters I through III of this chapter and title IV of this Act shall not be construed to prohibit or restrict—
(1) an insurer, hospital or medical service company, health maintenance organization, or any agent, or entity that administers benefit plans, or similar organizations from underwriting risks, classifying risks, or administering such risks that are based on or not inconsistent with State law; or
(2) a person or organization covered by this chapter from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that are based on underwriting risks, classifying risks, or administering such risks that are based on or not inconsistent with State law; or
(3) a person or organizati
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12204
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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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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) General rule** No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.
**(b) Construction**
(1) **General prohibition**
(A) *Activities*
(i) *Denial of participation* — It shall be discriminatory to subject an individual or class of individuals on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements, to a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of an entity.
(ii) *Participation in unequal benefit* — It shall be discriminatory to afford an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with the opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to other individuals.
(iii) *Separate benefit* — It shall be discriminatory to provide an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with a good, service, facility, privilege, advantage, or accommodation that is different or separate from that provided to other individuals, unless such action is necessary to provide the individual or class of individuals with a good, service, facility, privilege, ad
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12185
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Federal law — U.S. Code and appendices · legal_authorities
Accessibility standards included in regulations issued under this subpart shall be consistent with the minimum guidelines issued by the Architectural and Transportation Barriers Compliance Board under [section 12204(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12204/a&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12181
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Stations** If final regulations have not been issued pursuant to [section 12164 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12164&num=0&edition=prelim), for new construction or alterations for which a valid and appropriate State or local building permit is obtained prior to the issuance of final regulations under such section, and for which the construction or alteration authorized by such permit begins within one year of the receipt of such permit and is completed under the terms of such permit, compliance with the Uniform Federal Accessibility Standards in effect at the time the building permit is issued shall suffice to satisfy the requirement that stations be readily accessible to and usable by persons with disabilities as required under [section 12162(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12162/e&num=0&edition=prelim), except that, if such final regulations have not been issued one year after the Architectural and Transportation Barriers Compliance Board has issued the supplemental minimum guidelines required under [section 12204(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12204/a&num=0&edition=prelim), compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that stations be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations.
**(b) Rail passenger cars** If final regulations have not been issued pursuant to [section 12164 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12164&num=0&edition=prelim), a person shall be considered to have complied with the requirements of sect
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Federal law — U.S. Code and appendices · legal_authorities
Page 8266
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12189
1 So in original. Probably should be ‘‘subchapters’’.
CIVIL ACTIONS FOR VIOLATIONS BY PUBLIC
ACCOMMODATIONS
For provisions directing that, except for any civil ac-
tion brought for a violation of section 12183 of this
title, no civil action shall be brought for any act or
omission described in section 12182 of this title which
occurs (1) during the first six months after the effective
date of this subchapter, against businesses that employ
25 or fewer employees 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, see section 310(b) of Pub. L. 101–336, set out as an
Effective Date note under section 12181 of this title.
§ 12189. Examinations and courses
Any
person
that
offers
examinations
or
courses related to applications, licensing, cer-
tification, or credentialing for secondary or
postsecondary education, professional, or trade
purposes shall offer such examinations or
courses in a place and manner accessible to per-
sons with disabilities or offer alternative acces-
sible arrangements for such individuals.
(Pub. L. 101–336, title III, § 309, July 26, 1990, 104
Stat. 365.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 18 months after July 26, 1990, see
section 310(a) of Pub. L. 101–336, set out as a note under
section 12181 of this title.
SUBCHAPTER IV—MISCELLANEOUS
PROVISIONS
§ 12201. Construction
(a) In general
Except as otherwise provided in this chapter,
nothing in this chapter shall be construed to
apply a lesser standard than the standards ap-
plied under title V of the Rehabilitation Act of
1973
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12189
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