42 U.S.C. § 12142 — Public entities operating fixed route sys-

Page 8248 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12141 of Health, Education, and Welfare on January 13, 1978), applicable to recipients of Federal fi- nancial assistance under section 794 of title 29. With respect to ‘‘program accessibility, existing facilities’’, and ‘‘communications’’, such regula- tions shall be consistent with regulations and analysis as in part 39 of title 28 of the Code of Federal Regulations, applicable to federally con- ducted activities under section 794 of title 29. (c) Standards Regulations under subsection (a) shall include standards applicable to facilities and vehicles covered by this part, other than facilities, sta- tions, rail passenger cars, and vehicles covered by part B. Such standards shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with section 12204(a) of this title. (Pub. L. 101–336, title II, § 204, July 26, 1990, 104 Stat. 337.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), 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 205(b) of Pub. L. 101–336, set out as a note under section 12131 of this title. PART B—ACTIONS APPLICABLE TO PUBLIC TRANSPORTATION PROVIDED BY PUBLIC ENTI- TIES CONSIDERED DISCRIMINATORY SUBPART I—PUBLIC TRANSPORTATION OTHER THAN BY AIRCRAFT OR CERTAIN RAIL OPERATIONS § 12141. Definitions 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 transpor- tation’’ means transportation (other than pub- lic 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)) that provides the general public with general or special service (including char- ter service) on a regular and continuing basis. (3) Fixed route system The term ‘‘fixed route system’’ means a sys- tem of providing designated public transpor- tation 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 arrange- ment 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. (Pub. L. 101–336, title II, § 221, July 26, 1990, 104 Stat. 338.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 101–336, title II, § 231, July 26, 1990, 104 Stat. 346, provided that: ‘‘(a) GENERAL RULE.—Except as provided in sub- section (b), this part [part I (§§ 221–231) 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 222, 223 (other than sub- section (a)), 224, 225, 227(b), 228(b), and 229 [sections 12142, 12143(b) to (f), 12144, 12145, 12147(b), 12148(b), and 12149 of this title] shall become effective on the date of enactment of this Act.’’ § 12142. Public entities operating fixed route sys- tems (a) Purchase and lease of new vehicles It shall be considered discrimination for pur- poses of section 12132 of this title and section 794 of title 29 for a public entity which operates a fixed route system to purchase or lease a new bus, a new rapid rail vehicle, a new light rail ve- hicle, or any other new vehicle to be used on such system, if the solicitation for such pur- chase or lease is made after the 30th day fol- lowing July 26, 1990, and if such bus, rail vehicle, or other vehicle is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. (b) Purchase and lease of used vehicles Subject to subsection (c)(1), it shall be consid- ered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a pub- lic entity which operates a fixed route system to purchase or lease, after the 30th day following July 26, 1990, a used vehicle for use on such sys- tem unless such entity makes demonstrated good faith efforts to purchase or lease a used ve- hicle for use on such system that is readily ac- cessible to and usable by individuals with dis- abilities, including individuals who use wheel- chairs. (c) Remanufactured vehicles (1) General rule Except as provided in paragraph (2), it shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a public entity which operates a fixed route system— (A) to remanufacture a vehicle for use on such system so as to extend its usable life Page 8249 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12143 for 5 years or more, which remanufacture be- gins (or for which the solicitation is made) after the 30th day following July 26, 1990; or (B) to purchase or lease for use on such system a remanufactured vehicle which has been remanufactured so as to extend its usa- ble life for 5 years or more, which purchase or lease occurs after such 30th day and dur- ing the period in which the usable life is ex- tended; unless, after remanufacture, the vehicle is, to the maximum extent feasible, readily acces- sible to and usable by individuals with disabil- ities, including individuals who use wheel- chairs. (2) Exception for historic vehicles (A) General rule If a public entity operates a fixed route system any segment of which is included on the National Register of Historic Places and if making a vehicle of historic character to be used solely on such segment readily ac- cessible to and usable by individuals with disabilities would significantly alter the his- toric character of such vehicle, the public entity only has to make (or to purchase or lease a remanufactured vehicle with) those modifications which are necessary to meet the requirements of paragraph (1) and which do not significantly alter the historic char- acter of such vehicle. (B) Vehicles of historic character defined by regulations For purposes of this paragraph and section 12148(b) of this title, a vehicle of historic character shall be defined by the regulations issued by the Secretary to carry out this subsection. (Pub. L. 101–336, title II, § 222, July 26, 1990, 104 Stat. 339.) 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. § 12143. Paratransit as a complement to fixed route service (a) General rule It shall be considered discrimination for pur- poses of section 12132 of this title and section 794 of title 29 for a public entity which operates a fixed route system (other than a system which provides solely commuter bus service) to fail to provide with respect to the operations of its fixed route system, in accordance with this sec- tion, paratransit and other special transpor- tation services to individuals with disabilities, including individuals who use wheelchairs, that are sufficient to provide to such individuals a level of service (1) which is comparable to the level of designated public transportation serv- ices provided to individuals without disabilities using such system; or (2) in the case of response time, which is comparable, to the extent prac- ticable, to the level of designated public trans- portation services provided to individuals with- out disabilities using such system. (b) Issuance of regulations Not later than 1 year after July 26, 1990, the Secretary shall issue final regulations to carry out this section. (c) Required contents of regulations (1) Eligible recipients of service The regulations issued under this section shall require each public entity which oper- ates a fixed route system to provide the para- transit and other special transportation serv- ices required under this section— (A)(i) to any individual with a disability who is unable, as a result of a physical or mental impairment (including a vision im- pairment) and without the assistance of an- other individual (except an operator of a wheelchair lift or other boarding assistance device), to board, ride, or disembark from any vehicle on the system which is readily accessible to and usable by individuals with disabilities; (ii) to any individual with a disability who needs the assistance of a wheelchair lift or other boarding assistance device (and is able with such assistance) to board, ride, and dis- embark from any vehicle which is readily accessible to and usable by individuals with disabilities if the individual wants to travel on a route on the system during the hours of operation of the system at a time (or within a reasonable period of such time) when such a vehicle is not being used to provide des- ignated public transportation on the route; and (iii) to any individual with a disability who has a specific impairment-related condi- tion which prevents such individual from traveling to a boarding location or from a disembarking location on such system; (B) to one other individual accompanying the individual with the disability; and (C) to other individuals, in addition to the one individual described in subparagraph (B), accompanying the individual with a dis- ability provided that space for these addi- tional individuals is available on the para- transit vehicle carrying the individual with a disability and that the transportation of such additional individuals will not result in a denial of service to individuals with dis- abilities. For purposes of clauses (i) and (ii) of subpara- graph (A), boarding or disembarking from a vehicle does not include travel to the boarding location or from the disembarking location. (2) Service area The regulations issued under this section shall require the provision of paratransit and special transportation services required under this section in the service area of each public entity which operates a fixed route system, other than any portion of the service area in which the public entity solely provides com- muter bus service. (3) Service criteria Subject to paragraphs (1) and (2), the regula- tions issued under this section shall establish