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42 U.S.C. § 12144 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
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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Stable record: federal_law:legal_authorities:record_usc_fa83a5d23b77697fd67d9112
Source file: Laws/federal/codes/united-states-code/title-42/section-12144-definitions--eceb65b8ec.md
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Source location: Title 42, Chapter 126, § 12144; chapter-126-equal-opportunity-for-individuals-with-disabilities.md
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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.
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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
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12144
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.