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42 U.S.C. § 12145 — Public entities operating fixed route systems

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12145 — Public entities operating fixed route systems

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Stable record: federal_law:legal_authorities:record_usc_4c627e751004488c6a69be3b
Source file: Laws/federal/codes/united-states-code/title-42/section-12145-public-entities-operating-fixed-route-systems--5fa3018399.md
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Source location: Title 42, Chapter 126, § 12145; chapter-126-equal-opportunity-for-individuals-with-disabilities.md

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**(a) Purchase and lease of new vehicles** 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 which operates a fixed route system to purchase or lease a new bus, a new rapid rail vehicle, a new light rail vehicle, or any other new vehicle to be used on such system, if the solicitation for such purchase or lease is made after the 30th day following July 26, 1990, and if such bus, rail vehicle, or other vehicle is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. **(b) Purchase and lease of used vehicles** Subject to subsection (c)(1), 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 which operates a fixed route system to purchase or lease, after the 30th day following July 26, 1990, a used vehicle for use on such system unless such entity makes demonstrated good faith efforts to purchase or lease a used vehicle for use on such system that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. **(c) Remanufactured vehicles** (1) **General rule** — Except as provided in paragraph (2), 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 which operates a fixed route system— (A) to remanufacture a vehicle for use on such system so as to extend its usable life for 5 years or more, which remanufacture begins (or for which the solicitation is made) after the 30th day following July 26, 1990; or (B) to purchase or lease for use on such system a remanufactured vehicle which has been remanufactured so as to extend its usable life for 5 years or more, which purchase or lease occurs after such 30th day and during the period in which the usable life is extended; unless, after remanufacture, the vehicle is, to the maximum extent feasible, readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. (2) **Exception for historic vehicles** (A) *General rule* — If a public entity operates a fixed route system any segment of which is included on the National Register of Historic Places and if making a vehicle of historic character to be used solely on such segment readily accessible to and usable by individuals with disabilities would significantly alter the historic character of such vehicle, the public entity only has to make (or to purchase or lease a remanufactured vehicle with) those modifications which are necessary to meet the requirements of paragraph (1) and which do not significantly alter the historic character of such vehicle. (B) *Vehicles of historic character defined by regulations* — For purposes of this paragraph and [section 12148(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12148/b&num=0&edition=prelim), a vehicle of historic character shall be defined by the regulations issued by the Secretary to carry out this subsection.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 794 — Disability, Independent Living, and Rehabilitation Research Advisory Council

**(a) Establishment** Subject to the availability of appropriations, the Secretary shall establish in the Department of Health and Human Services a Disability, Independent Living, and Rehabilitation Research Advisory Council (referred to in this section as the “Council”) composed of not less than 12 members appointed by the Secretary. **(b) Duties** The Council shall advise the Director with respect to research priorities and the development and revision of the 5-year plan required by [section 762(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section762/h&num=0&edition=prelim). **(c) Qualifications** Members of the Council shall be generally representative of the community of disability, independent living, and rehabilitation professionals, the community of disability, independent living, and rehabilitation researchers, the directors of independent living centers and community rehabilitation programs, the business community (including a representative of the small business community) that has experience with the system of vocational rehabilitation services and independent living services carried out under this chapter and with hiring individuals with disabilities, the community of stakeholders involved in assistive technology, the community of covered school professionals, and the community of individuals with disabilities, and the individuals’ representatives. At least one-half of the members shall be individuals with disabilities or the individuals’ representatives. **(d) Terms of appointment** (1) **Length of term** — Each member of the Council shall serve for a term of up to 3 years, determined by the Secretary, except that— (A) a member appointed to fill a vacancy occurring prior to the expiration of the term for whic

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12141 — Discrimination

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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12132 — Regulations

Not later than 1 year after July 26, 1990, the Commission shall issue regulations in an accessible format to carry out this subchapter in accordance with subchapter II of chapter 5 of title 5.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12145 — Temporary relief where lifts are unavail-

Page 8251 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12147 sions of section 37.131(c) of title 49, Code of Federal Regulations, any paratransit system currently coordi- nating complementary paratransit service for more than 40 fixed route agencies shall be permitted to con- tinue using an existing tiered, distance-based coordi- nated paratransit fare system, if the fare for the exist- ing tiered, distance-based coordinated paratransit fare system is not increased by a greater percentage than any increase to the fixed route fare for the largest tran- sit agency in the complementary paratransit service area.’’ § 12144. Public entity operating a demand re- sponsive system If a public entity operates a demand respon- sive system, it shall be considered discrimina- tion, for purposes of section 12132 of this title and section 794 of title 29, for such entity to pur- chase or lease a new vehicle for use on such sys- tem, for which a solicitation is made after the 30th day following July 26, 1990, that is not read- ily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless such system, when viewed in its entirety, provides a level of service to such individuals equivalent to the level of service such system provides to individuals without dis- abilities. (Pub. L. 101–336, title II, § 224, July 26, 1990, 104 Stat. 342.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 26, 1990, see section 231(b) of Pub. L. 101–336, set out as a note under section 12141 of this title. § 12145. Temporary relief where lifts are unavail- able (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 f

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