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42 U.S.C. § 12161 — Public transportation programs and activities in existing facilities and one car per train rule

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

42 U.S.C. § 12161 — Public transportation programs and activities in existing facilities and one car per train rule

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Stable record: federal_law:legal_authorities:record_usc_d8ce18bd320416fd869d39d9
Source file: Laws/federal/codes/united-states-code/title-42/section-12161-public-transportation-programs-and-activities-in-existing-facilities-and--251c3cee4e.md
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Source location: Title 42, Chapter 126, § 12161; chapter-126-equal-opportunity-for-individuals-with-disabilities.md

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**(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 by a light or rapid rail system, 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), it shall be considered discrimination for a public entity to fail to have at least 1 vehicle per train that is accessible to individuals with disabilities, including individuals who use wheelchairs, as soon as practicable but in no event later than the last day of the 5-year period beginning on the effective date of this section. (2) **Historic trains** — In order to comply with paragraph (1) with respect to the remanufacture of a vehicle of historic character which is to be used on a segment of a light or rapid rail system which is included on the National Register of Historic Places, if making such vehicle readily accessible to and usable by individuals with disabilities would significantly alter the historic character of such vehicle, the public entity which operates such system only has to make (or to purchase or lease a remanufactured vehicle with) those modifications which are necessary to meet the requirements of [section 12142(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12142/c/1&num=0&edition=prelim) and which do not significantly alter the historic character of such vehicle.

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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. § 12144 — Definitions

As used in this subpart: (1) **Demand responsive system** — The term “demand responsive system” means any system of providing designated public transportation which is not a fixed route system. (2) **Designated public transportation** — The term “designated public transportation” means transportation (other than public school transportation) by bus, rail, or any other conveyance (other than transportation by aircraft or intercity or commuter rail transportation (as defined in [section 12161 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12161&num=0&edition=prelim))) that provides the general public with general or special service (including charter service) on a regular and continuing basis. (3) **Fixed route system** — The term “fixed route system” means a system of providing designated public transportation on which a vehicle is operated along a prescribed route according to a fixed schedule. (4) **Operates** — The term “operates”, as used with respect to a fixed route system or demand responsive system, includes operation of such system by a person under a contractual or other arrangement or relationship with a public entity. (5) **Public school transportation** — The term “public school transportation” means transportation by schoolbus vehicles of schoolchildren, personnel, and equipment to and from a public elementary or secondary school and school-related activities. (6) **Secretary** — The term “Secretary” means the Secretary of Transportation.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12144

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

42 U.S.C. § 12165 — Intercity and commuter rail actions considered discriminatory

**(a) Intercity rail transportation** (1) **One car per train rule** — 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 person who provides intercity rail transportation to fail to have at least one passenger car per train that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, in accordance with regulations issued under [section 12164 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12164&num=0&edition=prelim), as soon as practicable, but in no event later than 5 years after July 26, 1990. (2) **New intercity cars** (A) *General rule* — Except as otherwise provided in this subsection with respect to individuals who use wheelchairs, 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 person to purchase or lease any new rail passenger cars for use in intercity rail transportation, and for which a solicitation is made later than 30 days after July 26, 1990, unless all such rail cars are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under [section 12164 of this title](https://uscode.house.gov/

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12165

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

42 U.S.C. § 12181 — Conformance of accessibility standards

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

42 U.S.C. § 12182 — Regulations

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

42 U.S.C. § 12183 — Interim accessibility requirements

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12183

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

42 U.S.C. § 12161 — Definitions

Page 8253 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12161 1 See References in Text note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Subsec. (a) of this section effective 18 months after July 26, 1990, and subsec. (b) of this section effective July 26, 1990, see section 231 of Pub. L. 101–336, set out as a note under section 12141 of this title. § 12149. Regulations (a) In general Not later than 1 year after July 26, 1990, the Secretary of Transportation shall issue regula- tions, in an accessible format, necessary for car- rying out this subpart (other than section 12143 of this title). (b) Standards The regulations issued under this section and section 12143 of this title 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. (Pub. L. 101–336, title II, § 229, July 26, 1990, 104 Stat. 345.) 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. § 12150. Interim accessibility requirements If final regulations have not been issued pur- suant to section 12149 of this title, for new con- struction or alterations for which a valid and appropriate State or local building permit is ob- tained prior to the issuance of final regulations under such section, and for which the construc- tion or alteration authorized by such permit be- gins within one year of the receipt of such per- mit and is completed under the terms of such permit, compliance with the Uniform Federal Accessibi

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12161

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