Browse Arkansas Code titles and sections
42 U.S.C. § 12183 — Interim accessibility requirements
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12183
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 52eae6334ecc921db50527770ce7cbbb200f4083cfedb5c4d58e058bb4dc0850. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_df372d8100ad7ad2cd52b83f
Source file: Laws/federal/codes/united-states-code/title-42/section-12183-interim-accessibility-requirements--9177b1e729.md
Pages: Not recorded – Not recorded
Passage SHA-256: ef302a5445508d3898cf5ac1da2010a5249970bcbee23d3c46662d396b78fa8d
Source location: Title 42, Chapter 126, § 12183; chapter-126-equal-opportunity-for-individuals-with-disabilities.md
Stored source content
**(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 section 12162(a) through (d) of this title that a rail passenger car be readily accessible to and usable by individuals with disabilities, if the design for such 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 cars, to the extent that such laws and regulations are not inconsistent with this subpart and are in effect at the time such design is substantially completed.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
As used in this subpart:
(1) **Commuter authority** — The term “commuter authority” has the meaning given such term in section 24102(4) 11 See References in Text note below. of title 49.
(2) **Commuter rail transportation** — The term “commuter rail transportation” has the meaning given the term “commuter rail passenger transportation” in section 24102(5) 1 of title 49.
(3) **Intercity rail transportation** — The term “intercity rail transportation” means transportation provided by the National Railroad Passenger Corporation.
(4) **Rail passenger car** — The term “rail passenger car” means, with respect to intercity rail transportation, single-level and bi-level coach cars, single-level and bi-level dining cars, single-level and bi-level sleeping cars, single-level and bi-level lounge cars, and food service cars.
(5) **Responsible person** — The term “responsible person” means—
(A) in the case of a station more than 50 percent of which is owned by a public entity, such public entity;
(B) in the case of a station more than 50 percent of which is owned by a private party, the persons providing intercity or commuter rail transportation to such station, as allocated on an equitable basis by regulation by the Secretary of Transportation; and
(C) in a case where no party owns more than 50 percent of a station, the persons providing intercity or commuter rail transportation to such station and the owners of the station, other than private party owners, as allocated on an equitable basis by regulation by the Secretary of Transportation.
(6) **Station** — The term “station” means the portion of a property located appurtenant to a right-of-way on which intercity or commuter rail transportation is operated, where such portion is used by the general public and is rel
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12164
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 8261
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12184
1 So in original. Probably should be ‘‘an’’.
(Pub. L. 101–336, title III, § 302, July 26, 1990, 104
Stat. 355.)
Editorial Notes
REFERENCES IN TEXT
For the effective date of this subparagraph, referred
to in subsec. (b)(2)(B), (C)(ii), see section 310 of Pub. L.
101–336, set out as an Effective Date note under section
12181 of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 18 months after July 26, 1990, but
with subsec. (a) of this section (for purposes of subsec.
(b)(2)(B), (C) only) effective July 26, 1990, and with cer-
tain qualifications with respect to bringing of civil ac-
tions, see section 310 of Pub. L. 101–336, set out as a
note under section 12181 of this title.
§ 12183. New construction and alterations in pub-
lic accommodations and commercial facili-
ties
(a) Application of term
Except as provided in subsection (b), as ap-
plied to public accommodations and commercial
facilities, discrimination for purposes of section
12182(a) of this title includes—
(1) a failure to design and construct facili-
ties for first occupancy later than 30 months
after July 26, 1990, that are readily accessible
to and usable by individuals with disabilities,
except where an entity can demonstrate that
it is structurally impracticable to meet the re-
quirements of such subsection in accordance
with standards set forth or incorporated by
reference in regulations issued under this sub-
chapter; and
(2) with respect to a facility or part thereof
that is altered by, on behalf of, or for the use
of an establishment in a manner that affects
or could affect the usability of the facility or
part thereof, a failure to make alterations in
such a manner that, to the ma
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12183
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.