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, 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, Page 8255 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12162 as soon as practicable, but in no event later than 10 years after July 26, 1990. (B) Location Spaces required by subparagraph (A) shall be located in single-level rail passenger coaches or food service cars. (C) Limitation Of the number of spaces required on a train by subparagraph (A), not more than two spaces to park and secure wheelchairs nor more than two spaces to fold and store wheelchairs shall be located in any one coach or food service car. (D) Other accessibility features Single-level rail passenger coaches and food service cars on which the spaces re- quired by subparagraph (A) are located shall have a restroom usable by an individual who uses a wheelchair and shall be able to be en- tered from the station platform by an indi- vidual who uses a wheelchair. (4) Food service (A) Single-level dining cars On any train in which a single-level dining car is used to provide food service— (i) if such single-level dining car was purchased after July 26, 1990, table service in such car shall be provided to a pas- senger who uses a wheelchair if— (I) the car adjacent to the end of the dining car through which a wheelchair may enter is itself accessible to a wheel- chair; (II) such passenger can exit to the plat- form from the car such passenger occu- pies, move down the platform, and enter the adjacent accessible car described in subclause (I) without the necessity of the train being moved within the station; and (III) space to park and secure a wheel- chair is available in the dining car at the time such passenger wishes to eat (if such passenger wishes to remain in a wheelchair), or space to store and fold a wheelchair is available in the dining car at the time such passenger wishes to eat (if such passenger wishes to transfer to a dining car seat); and (ii) appropriate auxiliary aids and serv- ices, including a hard surface on which to eat, shall be provided to ensure that other equivalent food service is available to indi- viduals with disabilities, including individ- uals who use wheelchairs, and to pas- sengers traveling with such individuals. Unless not practicable, a person providing intercity rail transportation shall place an accessible car adjacent to the end of a dining car described in clause (i) through which an individual who uses a wheelchair may enter. (B) Bi-level dining cars On any train in which a bi-level dining car is used to provide food service— (i) if such train includes a bi-level lounge car purchased after July 26, 1990, table service in such lounge car shall be pro- vided to individuals who use wheelchairs and to other passengers; and (ii) appropriate auxiliary aids and serv- ices, including a hard surface on which to eat, shall be provided to ensure that other equivalent food service is available to indi- viduals with disabilities, including individ- uals who use wheelchairs, and to pas- sengers traveling with such individuals. (b) Commuter 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 com- muter rail transportation to fail to have at least one passenger car per train that is read- ily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, in accordance with regula- tions 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 commuter rail cars (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 to purchase or lease any new rail passenger cars for use in commuter 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 indi- viduals who use wheelchairs, as prescribed by the Secretary of Transportation in regu- lations issued under section 12164 of this title. (B) Accessibility For purposes of section 12132 of this title and section 794 of title 29, a requirement that a rail passenger car used in commuter rail transportation be accessible to or read- ily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, shall not be construed to require— (i) a restroom usable by an individual who uses a wheelchair if no restroom is provided in such car for any passenger; (ii) space to fold and store a wheelchair; or (iii) a seat to which a passenger who uses a wheelchair can transfer. (c) Used rail cars It shall be considered discrimination for pur- poses of section 12132 of this title and section 794 of title 29 for a person to purchase or lease a used rail passenger car for use in intercity or commuter rail transportation, unless such per- son makes demonstrated good faith efforts to purchase or lease a used rail car that is readily accessible to and usable by individuals with dis- abilities, including individuals who use wheel- chairs, as prescribed by the Secretary of Trans- portation in regulations issued under section 12164 of this title. Page 8256 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12162 (d) Remanufactured rail cars (1) Remanufacturing It shall be considered discrimination for pur- poses of section 12132 of this title and section 794 of title 29 for a person to remanufacture a rail passenger car for use in intercity or com- muter rail transportation so as to extend its usable life for 10 years or more, unless the rail car, to the maximum extent feasible, is made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Sec- retary of Transportation in regulations issued under section 12164 of this title. (2) Purchase or lease It shall be considered discrimination for pur- poses of section 12132 of this title and section 794 of title 29 for a person to purchase or lease a remanufactured rail passenger car for use in intercity or commuter rail transportation un- less such car was remanufactured in accord- ance with paragraph (1). (e) Stations (1) New stations It shall be considered discrimination for pur- poses of section 12132 of this title and section 794 of title 29 for a person to build a new sta- tion for use in intercity or commuter rail transportation that is not 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. (2) Existing stations (A) Failure to make readily accessible (i) General rule It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a responsible per- son to fail to make existing stations in the intercity rail transportation system, and existing key stations in commuter rail transportation systems, readily accessible to and usable by individuals with disabil- ities, including individuals who use wheel- chairs, as prescribed by the Secretary of Transportation in regulations issued under section 12164 of this title. (ii) Period for compliance (I) Intercity rail All stations in the intercity rail trans- portation system shall be made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as soon as prac- ticable, but in no event later than 20 years after July 26, 1990. (II) Commuter rail Key stations in commuter rail trans- portation systems shall be made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as soon as prac- ticable but in no event later than 3 years after July 26, 1990, except that the time limit may be extended by the Secretary of Transportation up to 20 years after July 26, 1990, in a case where the raising of the entire passenger platform is the only means available of attaining acces- sibility or where other extraordinarily expensive structural changes are nec- essary to attain accessibility. (iii) Designation of key stations Each commuter authority shall des- ignate the key stations in its commuter rail transportation system, in consultation with individuals with disabilities and orga- nizations representing such individuals, taking into consideration such factors as high ridership and whether such station serves as a transfer or feeder station. Be- fore the final designation of key stations under this clause, a commuter authority shall hold a public hearing. (iv) Plans and milestones The Secretary of Transportation shall require the appropriate person to develop a plan for carrying out this subparagraph that reflects consultation with individuals with disabilities affected by such plan and that establishes milestones for achieve- ment of the requirements of this subpara- graph. (B) Requirement when making alterations (i) General rule It shall be considered discrimination, for purposes of section 12132 of this title and section 794 of title 29, with respect to al- terations of an existing station or part thereof in the intercity or commuter rail transportation systems that affect or could affect the usability of the station or part thereof, for the responsible person, owner, or person in control of the station to fail to make the alterations in such a manner that, to the maximum extent fea- sible, the altered portions of the station are readily accessible to and usable by in- dividuals with disabilities, including indi- viduals who use wheelchairs, upon comple- tion of such alterations. (ii) Alterations to a primary function area It shall be considered discrimination, for purposes of section 12132 of this title and section 794 of title 29, with respect to al- terations that affect or could affect the usability of or access to an area of the sta- tion containing a primary function, for the responsible person, owner, or person in control of the station to fail to make the alterations in such a manner that, to the maximum extent feasible, the path of trav- el to the altered area, and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon completion of such alterations, where such alterations to the path of trav- el or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the over- Page 8257 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12181 all alterations in terms of cost and scope (as determined under criteria established by the Attorney General). (C) Required cooperation It shall be considered discrimination for purposes of section 12132 of this title and sec- tion 794 of title 29 for an owner, or person in control, of a station governed by subpara- graph (A) or (B) to fail to provide reasonable cooperation to a responsible person with re- spect to such station in that responsible per- son’s efforts to comply with such subpara- graph. An owner, or person in control, of a station shall be liable to a responsible per- son for any failure to provide reasonable co- operation as required by this subparagraph. Failure to receive reasonable cooperation re- quired by this subparagraph shall not be a defense to a claim of discrimination under this chapter. (Pub. L. 101–336, title II, § 242, July 26, 1990, 104 Stat. 347.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (e)(2)(C), was in the original ‘‘this Act’’, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 26, 1990, see section 246(b) of Pub. L. 101–336, set out as a note under section 12161 of this title. § 12163. Conformance of accessibility standards Accessibility standards included in regula- tions issued under this subpart shall be con- sistent with the minimum guidelines issued by the Architectural and Transportation Barriers Compliance Board under section 12204(a) of this title. (Pub. L. 101–336, title II, § 243, July 26, 1990, 104 Stat. 352.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 18 months after July 26, 1990, see section 246(a) of Pub. L. 101–336, set out as a note under section 12161 of this title. § 12164. Regulations 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. (Pub. L. 101–336, title II, § 244, July 26, 1990, 104 Stat. 352.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 26, 1990, see section 246(b) of Pub. L. 101–336, set out as a note under section 12161 of this title. § 12165. Interim accessibility requirements (a) Stations If final regulations have not been issued pur- suant to section 12164 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 stations be readily acces- sible to and usable by persons with disabilities as required under section 12162(e) 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 guidelines re- quired under section 12204(a) of this title, com- pliance with such supplemental minimum guide- lines shall be necessary to satisfy the require- ment 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 pur- suant to section 12164 of this title, a person shall be considered to have complied with the require- ments 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) gov- erning accessibility of such cars, to the extent that such laws and regulations are not incon- sistent with this subpart and are in effect at the time such design is substantially completed. (Pub. L. 101–336, title II, § 245, July 26, 1990, 104 Stat. 352.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 18 months after July 26, 1990, see section 246(a) of Pub. L. 101–336, set out as a note under section 12161 of this title. SUBCHAPTER III—PUBLIC ACCOMMODA- TIONS AND SERVICES OPERATED BY PRI- VATE ENTITIES § 12181. Definitions As used in this subchapter: (1) Commerce The term ‘‘commerce’’ means travel, trade, traffic, commerce, transportation, or commu- nication— (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.