42 U.S.C. § 12143 — Paratransit as a complement to fixed

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 Page 8250 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12143 minimum service criteria for determining the level of services to be required under this sec- tion. (4) Undue financial burden limitation The regulations issued under this section shall provide that, if the public entity is able to demonstrate to the satisfaction of the Sec- retary that the provision of paratransit and other special transportation services other- wise required under this section would impose an undue financial burden on the public enti- ty, the public entity, notwithstanding any other provision of this section (other than paragraph (5)), shall only be required to pro- vide such services to the extent that providing such services would not impose such a burden. (5) Additional services The regulations issued under this section shall establish circumstances under which the Secretary may require a public entity to pro- vide, notwithstanding paragraph (4), para- transit and other special transportation serv- ices under this section beyond the level of paratransit and other special transportation services which would otherwise be required under paragraph (4). (6) Public participation The regulations issued under this section shall require that each public entity which op- erates a fixed route system hold a public hear- ing, provide an opportunity for public com- ment, and consult with individuals with dis- abilities in preparing its plan under paragraph (7). (7) Plans The regulations issued under this section shall require that each public entity which op- erates a fixed route system— (A) within 18 months after July 26, 1990, submit to the Secretary, and commence im- plementation of, a plan for providing para- transit and other special transportation services which meets the requirements of this section; and (B) on an annual basis thereafter, submit to the Secretary, and commence implemen- tation of, a plan for providing such services. (8) Provision of services by others The regulations issued under this section shall— (A) require that a public entity submitting a plan to the Secretary under this section identify in the plan any person or other pub- lic entity which is providing a paratransit or other special transportation service for indi- viduals with disabilities in the service area to which the plan applies; and (B) provide that the public entity submit- ting the plan does not have to provide under the plan such service for individuals with disabilities. (9) Other provisions The regulations issued under this section shall include such other provisions and re- quirements as the Secretary determines are necessary to carry out the objectives of this section. (d) Review of plan (1) General rule The Secretary shall review a plan submitted under this section for the purpose of deter- mining whether or not such plan meets the re- quirements of this section, including the regu- lations issued under this section. (2) Disapproval If the Secretary determines that a plan re- viewed under this subsection fails to meet the requirements of this section, the Secretary shall disapprove the plan and notify the public entity which submitted the plan of such dis- approval and the reasons therefor. (3) Modification of disapproved plan Not later than 90 days after the date of dis- approval of a plan under this subsection, the public entity which submitted the plan shall modify the plan to meet the requirements of this section and shall submit to the Secretary, and commence implementation of, such modi- fied plan. (e) ‘‘Discrimination’’ defined As used in subsection (a), the term ‘‘discrimi- nation’’ includes— (1) a failure of a public entity to which the regulations issued under this section apply to submit, or commence implementation of, a plan in accordance with subsections (c)(6) and (c)(7); (2) a failure of such entity to submit, or commence implementation of, a modified plan in accordance with subsection (d)(3); (3) submission to the Secretary of a modified plan under subsection (d)(3) which does not meet the requirements of this section; or (4) a failure of such entity to provide para- transit or other special transportation serv- ices in accordance with the plan or modified plan the public entity submitted to the Sec- retary under this section. (f) Statutory construction Nothing in this section shall be construed as preventing a public entity— (1) from providing paratransit or other spe- cial transportation services at a level which is greater than the level of such services which are required by this section, (2) from providing paratransit or other spe- cial transportation services in addition to those paratransit and special transportation services required by this section, or (3) from providing such services to individ- uals in addition to those individuals to whom such services are required to be provided by this section. (Pub. L. 101–336, title II, § 223, July 26, 1990, 104 Stat. 340.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Subsec. (a) of this section effective 18 months after July 26, 1990, and subsecs. (b) to (f) of this section effec- tive July 26, 1990, see section 231 of Pub. L. 101–336, set out as a note under section 12141 of this title. PARATRANSIT SYSTEM UNDER FTA APPROVED COORDINATED PLAN Pub. L. 114–94, div. A, title III, § 3023, Dec. 4, 2015, 129 Stat. 1494, provided that: ‘‘Notwithstanding the provi- 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 from the obligation under section 12142(a) or 12144 of this title to purchase new buses that are readily accessible to and usable by individuals with dis- abilities if such public entity demonstrates to the satisfaction of the Secretary— (1) that the initial solicitation for new buses made by the public entity specified that all new buses were to be lift-equipped and were to be otherwise accessible to and usable by indi- viduals with disabilities; (2) the unavailability from any qualified manufacturer of hydraulic, electromechanical, or other lifts for such new buses; (3) that the public entity seeking temporary relief has made good faith efforts to locate a qualified manufacturer to supply the lifts to the manufacturer of such buses in sufficient time to comply with such solicitation; and (4) that any further delay in purchasing new buses necessary to obtain such lifts would sig- nificantly impair transportation services in the community served by the public entity. (b) Duration and notice to Congress Any relief granted under subsection (a) shall be limited in duration by a specified date, and the appropriate committees of Congress shall be notified of any such relief granted. (c) Fraudulent application If, at any time, the Secretary has reasonable cause to believe that any relief granted under subsection (a) was fraudulently applied for, the Secretary shall— (1) cancel such relief if such relief is still in effect; and (2) take such other action as the Secretary considers appropriate. (Pub. L. 101–336, title II, § 225, July 26, 1990, 104 Stat. 343.) 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. § 12146. New facilities For purposes of section 12132 of this title and section 794 of title 29, it shall be considered dis- crimination for a public entity to construct a new facility to be used in the provision of des- ignated public transportation services unless such facility is readily accessible to and usable by individuals with disabilities, including indi- viduals who use wheelchairs. (Pub. L. 101–336, title II, § 226, July 26, 1990, 104 Stat. 343.) 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. § 12147. Alterations of existing facilities (a) General rule With respect to alterations of an existing fa- cility or part thereof used in the provision of designated public transportation services that affect or could affect the usability of the facility or part thereof, it shall be considered discrimi- nation, for purposes of section 12132 of this title and section 794 of title 29, for a public entity to fail to make such alterations (or to ensure that the alterations are made) in such a manner that, to the maximum extent feasible, the altered por- tions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon the com- pletion of such alterations. Where the public en- tity is undertaking an alteration that affects or could affect usability of or access to an area of the facility containing a primary function, the entity shall also make the alterations in such a manner that, to the maximum extent feasible, the path of travel 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 al- terations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope (as