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 Accessibility Standards in effect at the time the building permit is issued shall suffice to satisfy the requirement that facilities be readily acces- sible to and usable by persons with disabilities as required under sections 12146 and 12147 of this title, 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 guide- lines required under section 12204(a) of this title, compliance with such supplemental minimum guidelines shall be necessary to satisfy the re- quirement that facilities be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations. (Pub. L. 101–336, title II, § 230, July 26, 1990, 104 Stat. 345.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 18 months after July 26, 1990, see section 231(a) of Pub. L. 101–336, set out as a note under section 12141 of this title. SUBPART II—PUBLIC TRANSPORTATION BY INTERCITY AND COMMUTER RAIL § 12161. Definitions As used in this subpart: (1) Commuter authority The term ‘‘commuter authority’’ has the meaning given such term in section 24102(4) 1 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 Na- tional Railroad Passenger Corporation. (4) Rail passenger car The term ‘‘rail passenger car’’ means, with respect to intercity rail transportation, sin- gle-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 allo- cated 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 pro- viding intercity or commuter rail transpor- tation 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 related to the provision of such transportation, including passenger platforms, designated waiting areas, ticketing areas, restrooms, and, where a pub- lic entity providing rail transportation owns the property, concession areas, to the extent that such public entity exercises control over the selection, design, construction, or alter- ation of the property, but such term does not include flag stops. (Pub. L. 101–336, title II, § 241, July 26, 1990, 104 Stat. 346; Pub. L. 104–287, § 6(k), Oct. 11, 1996, 110 Stat. 3400.) Editorial Notes REFERENCES IN TEXT Section 24102 of title 49, referred to in pars. (1) and (2), was subsequently amended, and pars. (4) and (5) of 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, including individuals who use wheel- chairs, in accordance with regulations issued under section 12164 of this title, 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 sub- section with respect to individuals who use wheelchairs, it shall be considered discrimi- nation for purposes of section 12132 of this title and section 794 of title 29 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, in- cluding individuals who use wheelchairs, as prescribed by the Secretary of Transpor- tation in regulations issued under section 12164 of this title. (B) Special rule for single-level passenger coaches for individuals who use wheel- chairs Single-level passenger coaches shall be re- quired to— (i) be able to be entered by an individual who uses a wheelchair; (ii) have space to park and secure a wheelchair; (iii) have a seat to which a passenger in a wheelchair can transfer, and a space to fold and store such passenger’s wheelchair; and (iv) have a restroom usable by an indi- vidual who uses a wheelchair, only to the extent provided in paragraph (3). (C) Special rule for single-level dining cars for individuals who use wheelchairs Single-level dining cars shall not be re- quired to— (i) be able to be entered from the station platform by an individual who uses a wheelchair; or (ii) have a restroom usable by an indi- vidual who uses a wheelchair if no rest- room is provided in such car for any pas- senger. (D) Special rule for bi-level dining cars for individuals who use wheelchairs Bi-level dining cars shall not be required to— (i) be able to be entered by an individual who uses a wheelchair; (ii) have space to park and secure a wheelchair; (iii) have a seat to which a passenger in a wheelchair can transfer, or a space to fold and store such passenger’s wheelchair; or (iv) have a restroom usable by an indi- vidual who uses a wheelchair. (3) Accessibility of single-level coaches (A) General rule It shall be considered discrimination for purposes of section 12132 of this title and sec- tion 794 of title 29 for a person who provides intercity rail transportation to fail to have on each train which includes one or more single-level rail passenger coaches— (i) a number of spaces— (I) to park and secure wheelchairs (to accommodate individuals who wish to remain in their wheelchairs) equal to not less than one-half of the number of sin- gle-level rail passenger coaches in such train; and (II) to fold and store wheelchairs (to accommodate individuals who wish to transfer to coach seats) equal to not less than one-half of the number of single- level rail passenger coaches in such train, as soon as practicable, but in no event later than 5 years after July 26, 1990; and (ii) a number of spaces— (I) to park and secure wheelchairs (to accommodate individuals who wish to remain in their wheelchairs) equal to not less than the total number of single-level rail passenger coaches in such train; and (II) to fold and store wheelchairs (to accommodate individuals who wish to transfer to coach seats) equal to not less than the total number of single-level rail passenger coaches in such train,