42 U.S.C. § 12185 — Study

Page 8262 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12185 2 So in original. The word ‘‘and’’ probably should not appear. with the regulations issued under section 12186(a)(2) of this title; and (B) any other failure of such entity to com- ply with such regulations; and 2 (5) the purchase or lease by such entity of a new van with a seating capacity of less than 8 passengers, including the driver, which is to be used to provide specified public transportation and for which a solicitation is made after the 30th day following the effective date of this section that is not readily accessible to or usa- ble by individuals with disabilities, including individuals who use wheelchairs; except that the new van need not be readily accessible to and usable by such individuals if the entity can demonstrate that the system for which the van is being purchased or leased, when viewed in its entirety, provides a level of serv- ice to such individuals equivalent to the level of service provided to the general public; (6) the purchase or lease by such entity of a new rail passenger car that is to be used to provide specified public transportation, and for which a solicitation is made later than 30 days after the effective date of this paragraph, that is not readily accessible to and usable by individuals with disabilities, including indi- viduals who use wheelchairs; and (7) the remanufacture by such entity of a rail passenger car that is to be used to provide specified public transportation so as to extend its usable life for 10 years or more, or the pur- chase or lease by such entity of such a rail car, unless the rail car, to the maximum extent feasible, is made readily accessible to and usa- ble by individuals with disabilities, including individuals who use wheelchairs. (c) Historical or antiquated cars (1) Exception To the extent that compliance with sub- section (b)(2)(C) or (b)(7) would significantly alter the historic or antiquated character of a historical or antiquated rail passenger car, or a rail station served exclusively by such cars, or would result in violation of any rule, regu- lation, standard, or order issued by the Sec- retary of Transportation under the Federal Railroad Safety Act of 1970, such compliance shall not be required. (2) Definition As used in this subsection, the term ‘‘histor- ical or antiquated rail passenger car’’ means a rail passenger car— (A) which is not less than 30 years old at the time of its use for transporting individ- uals; (B) the manufacturer of which is no longer in the business of manufacturing rail pas- senger cars; and (C) which— (i) has a consequential association with events or persons significant to the past; or (ii) embodies, or is being restored to em- body, the distinctive characteristics of a type of rail passenger car used in the past, or to represent a time period which has passed. (Pub. L. 101–336, title III, § 304, July 26, 1990, 104 Stat. 359.) Editorial Notes REFERENCES IN TEXT For the effective date of this section, referred to in subsec. (b)(3), (5), see section 310 of Pub. L. 101–336, set out as an Effective Date note under section 12181 of this title. The effective date of this paragraph, referred to in subsec. (b)(6), is 18 months after July 26, 1990, see sec- tion 310(a) of Pub. L. 101–336, set out as an Effective Date note under section 12181 of this title. The Federal Railroad Safety Act of 1970, referred to in subsec. (c)(1), is title II of Pub. L. 91–458, Oct. 16, 1970, 84 Stat. 971, which was classified generally to sub- chapter II (§ 431 et seq.) of chapter 13 of Title 45, Rail- roads, and was repealed and reenacted in section 5109(c) of Title 5, Government Organization and Employees, section 54a of Title 45, Railroads, chapter 201 and sec- tions 21301, 21302, 21304, 21311, 24902, and 24905 of Title 49, Transportation, and provisions set out as a note under section 20103 of Title 49 by Pub. L. 103–272, §§ 1(e), 4(b)(1), (i), (t), 7(b), July 5, 1994, 108 Stat. 862, 891, 893, 930, 935, 1361, 1365, 1372, 1379, the first section of which enacted subtitles II, III, and V to X of Title 49. 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)(3) only) and subsec. (b)(3) of this section effective July 26, 1990, see section 310(a), (c) of Pub. L. 101–336, set out as a note under section 12181 of this title. § 12185. Study (a) Purposes The Office of Technology Assessment shall un- dertake a study to determine— (1) the access needs of individuals with dis- abilities to over-the-road buses and over-the- road bus service; and (2) the most cost-effective methods for pro- viding access to over-the-road buses and over- the-road bus service to individuals with dis- abilities, particularly individuals who use wheelchairs, through all forms of boarding op- tions. (b) Contents The study shall include, at a minimum, an analysis of the following: (1) The anticipated demand by individuals with disabilities for accessible over-the-road buses and over-the-road bus service. (2) The degree to which such buses and serv- ice, including any service required under sec- tions 12184(b)(4) and 12186(a)(2) of this title, are readily accessible to and usable by individuals with disabilities. (3) The effectiveness of various methods of providing accessibility to such buses and serv- ice to individuals with disabilities. (4) The cost of providing accessible over-the- road buses and bus service to individuals with disabilities, including consideration of recent technological and cost saving developments in equipment and devices. (5) Possible design changes in over-the-road buses that could enhance accessibility, includ- ing the installation of accessible restrooms which do not result in a loss of seating capac- ity. Page 8263 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12186 1 So in original. Probably should be ‘‘section’’. (6) The impact of accessibility requirements on the continuation of over-the-road bus serv- ice, with particular consideration of the im- pact of such requirements on such service to rural communities. (c) Advisory committee In conducting the study required by sub- section (a), the Office of Technology Assessment shall establish an advisory committee, which shall consist of— (1) members selected from among private op- erators and manufacturers of over-the-road buses; (2) members selected from among individ- uals with disabilities, particularly individuals who use wheelchairs, who are potential riders of such buses; and (3) members selected for their technical ex- pertise on issues included in the study, includ- ing manufacturers of boarding assistance equipment and devices. The number of members selected under each of paragraphs (1) and (2) shall be equal, and the total number of members selected under para- graphs (1) and (2) shall exceed the number of members selected under paragraph (3). (d) Deadline The study required by subsection (a), along with recommendations by the Office of Tech- nology Assessment, including any policy options for legislative action, shall be submitted to the President and Congress within 36 months after July 26, 1990. If the President determines that compliance with the regulations issued pursuant to section 12186(a)(2)(B) of this title on or before the applicable deadlines specified in section 12186(a)(2)(B) of this title will result in a signifi- cant reduction in intercity over-the-road bus service, the President shall extend each such deadline by 1 year. (e) Review In developing the study required by subsection (a), the Office of Technology Assessment shall provide a preliminary draft of such study to the Architectural and Transportation Barriers Com- pliance Board established under section 792 of title 29. The Board shall have an opportunity to comment on such draft study, and any such comments by the Board made in writing within 120 days after the Board’s receipt of the draft study shall be incorporated as part of the final study required to be submitted under subsection (d). (Pub. L. 101–336, title III, § 305, July 26, 1990, 104 Stat. 360.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 26, 1990, see section 310(c) of Pub. L. 101–336, set out as a note under section 12181 of this title. TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by Congress, its duration is otherwise provided for by law. See section 1013 of Title 5, Government Organization and Employees. § 12186. Regulations (a) Transportation provisions (1) General rule Not later than 1 year after July 26, 1990, the Secretary of Transportation shall issue regu- lations in an accessible format to carry out sections 1 12182(b)(2)(B) and (C) of this title and to carry out section 12184 of this title (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 in- dividuals 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 require- ments The Secretary shall review the study submitted under section 12185 of this title and the regulations issued pursuant to subparagraph (A). (ii) Issuance Not later than 1 year after the date of the submission of the study under section 12185 of this title, the Secretary shall issue in an accessible format new regulations to carry out sections 12184(b)(4) and 12182(b)(2)(D)(ii) of this title that require, taking into account the purposes of the study under section 12185 of this title and any recommendations resulting from such study, each private entity which uses an over-the-road bus to provide transpor- tation to individuals to provide accessi- bility to such bus to individuals with dis- abilities, including individuals who use wheelchairs. (iii) Effective period Subject to section 12185(d) of this title, the regulations issued pursuant to this subparagraph shall take effect—