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42 U.S.C. § 12162 — Regulations

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

42 U.S.C. § 12162 — Regulations

**(a) In general** 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 (other than [section 12143 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12143&num=0&edition=prelim)). **(b) Standards** The regulations issued under this section and [section 12143 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12143&num=0&edition=prelim) shall include standards applicable to facilities and vehicles covered by this part. The standards 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).

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Source file: Laws/federal/codes/united-states-code/title-42/section-12162-regulations--a4e33cbd4e.md
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Source location: Title 42, Chapter 126, § 12162; chapter-126-equal-opportunity-for-individuals-with-disabilities.md

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

42 U.S.C. § 12204 — 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 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

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

42 U.S.C. § 12143 — Regulations

**(a) In general** Not later than 1 year after July 26, 1990, the Attorney General shall promulgate regulations in an accessible format that implement this part. Such regulations shall not include any matter within the scope of the authority of the Secretary of Transportation under section 12143, 12149, or 12164 of this title. **(b) Relationship to other regulations** Except for “program accessibility, existing facilities”, and “communications”, regulations under subsection (a) shall be consistent with this chapter and with the coordination regulations under part 41 of title 28, Code of Federal Regulations (as promulgated by the Department of Health, Education, and Welfare on January 13, 1978), applicable to recipients of Federal financial assistance under [section 794 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794&num=0&edition=prelim). With respect to “program accessibility, existing facilities”, and “communications”, such regulations shall be consistent with regulations and analysis as in part 39 of title 28 of the Code of Federal Regulations, applicable to federally conducted activities under [section 794 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794&num=0&edition=prelim). **(c) Standards** Regulations under subsection (a) shall include standards applicable to facilities and vehicles covered by this part, other than facilities, stations, rail passenger cars, and vehicles covered by part B. Such standards shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with [section 12204(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12204/a

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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. § 12184 — Definitions

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

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

49 U.S.C. § 24307 — Special transportation

**(a) Reduced Fare Program.—** Amtrak shall maintain a reduced fare program for the following: (1) individuals at least 65 years of age. (2) individuals (except alcoholics and drug abusers) who— (A) have a physical or mental impairment that substantially limits a major life activity of the individual; (B) have a record of an impairment; or (C) are regarded as having an impairment. **(b) Employee Transportation.—** (1) In this subsection, “rail carrier employee” means— (A) an active full-time employee of a rail carrier or terminal company and includes an employee on furlough or leave of absence; (B) a retired employee of a rail carrier or terminal company; and (C) a dependent of an employee referred to in clause (A) or (B) of this paragraph. (2) Amtrak shall ensure that a rail carrier employee eligible for free or reduced-rate rail transportation on April 30, 1971, under an agreement in effect on that date is eligible, to the greatest extent practicable, for free or reduced-rate intercity rail passenger transportation provided by Amtrak under this part, if space is available, on terms similar to those available on that date under the agreement. However, Amtrak may apply to all rail carrier employees eligible to receive free or reduced-rate transportation under any agreement a single systemwide schedule of terms that Amtrak decides applied to a majority of employees on that date under all those agreements. Unless Amtrak and a rail carrier make a different agreement, the carrier shall reimburse Amtrak at the rate of 25 percent of the systemwide average monthly yield of each revenue passenger-mile. The reimbursement is in place of costs Amtrak incurs related to free or reduced-rate transportation, including liability related to travel of a rail carrie

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

42 U.S.C. § 12162 — Intercity and commuter rail actions con-

Page 8254 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12162 section 24102 no longer define ‘‘commuter authority’’ and ‘‘commuter rail passenger transportation’’, respec- tively. However, such terms are defined elsewhere in that section. CODIFICATION In pars. (1) and (2), ‘‘section 24102(4) of title 49’’ sub- stituted for ‘‘section 103(8) of the Rail Passenger Serv- ice Act (45 U.S.C. 502(8))’’ and ‘‘section 24102(5) of title 49’’ substituted for ‘‘section 103(9) of the Rail Passenger Service Act (45 U.S.C. 502(9))’’ on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first sec- tion of which enacted subtitles II, III, and V to X of Title 49, Transportation. AMENDMENTS 1996—Par. (2). Pub. L. 104–287 substituted ‘‘commuter rail passenger transportation’’ for ‘‘commuter service’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 101–336, title II, § 246, July 26, 1990, 104 Stat. 353, provided that: ‘‘(a) GENERAL RULE.—Except as provided in sub- section (b), this part [part II (§§ 241–246) of subtitle B of title II of Pub. L. 101–336, enacting this subpart] shall become effective 18 months after the date of enactment of this Act [July 26, 1990]. ‘‘(b) EXCEPTION.—Sections 242 and 244 [sections 12162 and 12164 of this title] shall become effective on the date of enactment of this Act.’’ § 12162. Intercity and commuter rail actions con- sidered discriminatory (a) Intercity rail transportation (1) One car per train rule It shall be considered discrimination for pur- poses of section 12132 of this title and section 794 of title 29 for a person who provides inter- city rail transportation to fail to have at least one passenger car per train that is readily ac- cessible to and usable by individuals with dis- abilities, i

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