42 U.S.C. § 12141 — Definitions

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