---
kind: "range"
citation: "42 U.S.C. §§ 12131–12189"
title: "42"
from: "12131"
to: "12189"
count: 28
release: "119-102"
url: "https://uscodex.org/usc/42/12131..12189"
---

# §12131. Definitions


As used in this subchapter:

- (1) **Public entity—** The term “public entity” means—
  - (A) any [State](/usc/42/12103.md?p=2) or [local government](/usc/42/8401a.md);
  - (B) any department, agency, special purpose district, or other instrumentality of a [State](/usc/42/12103.md?p=2) or [States](/usc/42/12103.md?p=2) or [local government](/usc/42/8401a.md); and
  - (C) the National Railroad Passenger [Corporation](/usc/42/2296b–7.md?p=1), and any commuter authority (as defined in section 24102(4)[^1] of [title 49](/usc/49.md)).
- (2) **Qualified individual with a disability—** The term “qualified individual with a disability” means an [individual with a disability](/usc/42/12210.md?p=a) who, with or without reasonable [modifications](/usc/42/7501.md?p=4) to rules, policies, or [practices](/usc/42/17061.md?p=19), the [removal](/usc/42/9601.md?p=23) of architectural, communication, or transportation barriers, or the provision of [auxiliary aids and services](/usc/42/12103.md?p=1), meets the essential eligibility requirements for the receipt of services or the participation in [programs](/usc/42/274l–1.md?p=4) or activities provided by a [public entity](#1).

# §12132. Discrimination


Subject to the provisions of this subchapter, no [qualified individual with a disability](/usc/42/12131.md?p=2) shall, by reason of such [disability](/usc/42/12102.md?p=1), be excluded from participation in or be denied the benefits of the services, [programs](/usc/42/274l–1.md?p=4), or activities of a [public entity](/usc/42/12131.md?p=1), or be subjected to discrimination by any such entity.


# §12133. Enforcement


The remedies, procedures, and rights set forth in [section 794a of title 29](/usc/29/794a.md) shall be the remedies, procedures, and rights this subchapter provides to any [person](/usc/42/1320a–7k.md?p=d-4-C-i) alleging discrimination on the basis of [disability](/usc/42/12102.md?p=1) in [violation](/usc/42/2000e–16a.md?p=c) of [section 12132 of this title](/usc/42/12132.md).


# §12134. Regulations

- (a) **In general—** Not later than 1 year after July 26, 1990, the [Attorney General](/usc/42/14902.md?p=6) shall promulgate regulations in an accessible format that implement this part. Such regulations shall not include any matter within the scope of the authority of the [Secretary](/usc/42/242q–4.md?p=2) of Transportation under section [12143](/usc/42/12143.md), [12149](/usc/42/12149.md), or [12164](/usc/42/12164.md) of this title.
- (b) **Relationship to other regulations—** Except for “[program](/usc/42/274l–1.md?p=4) accessibility, existing [facilities](/usc/42/11049.md?p=4)”, and “communications”, regulations under [subsection (a)](#a) shall be consistent with this chapter and with the coordination regulations under [part 41 of title 28, Code of Federal Regulations](/cfr/28/part41.md) (as promulgated by the Department of Health, Education, and Welfare on January 13, 1978), applicable to [recipients](/usc/42/2996a.md?p=6) of Federal financial assistance under [section 794 of title 29](/usc/29/794.md). With respect to “[program](/usc/42/274l–1.md?p=4) accessibility, existing [facilities](/usc/42/11049.md?p=4)”, and “communications”, such regulations shall be consistent with regulations and analysis as in [part 39 of title 28 of the Code of Federal Regulations](/cfr/28/part39.md), applicable to federally conducted activities under [section 794 of title 29](/usc/29/794.md).
- (c) **Standards—** Regulations under [subsection (a)](#a) shall include [standards](/usc/42/1320d.md?p=7) applicable to [facilities](/usc/42/11049.md?p=4) and vehicles covered by this part, other than [facilities](/usc/42/11049.md?p=4), stations, rail passenger cars, and vehicles covered by part B. Such [standards](/usc/42/1320d.md?p=7) shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance [Board](/usc/42/10261.md?p=2) in accordance with [section 12204(a) of this title](/usc/42/12204.md?p=a).

# §12141. Definitions


As used in this subpart:

- (1) **Demand responsive system—** The term “demand responsive system” means any system of providing [designated public transportation](#2) which is not a [fixed route system](#3).
- (2) **Designated public transportation—** The term “designated public transportation” means transportation (other than [public school transportation](#5)) 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](/usc/42/12161.md))) that provides the general public with general or special service (including charter service) on a regular and continuing basis.
- (3) **Fixed route system—** The term “fixed route system” means a system of providing [designated public transportation](#2) 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](#3) or [demand responsive system](#1), includes operation of such system by a [person](/usc/42/1320a–7k.md?p=d-4-C-i) under a contractual or other arrangement or relationship with a [public entity](/usc/42/12131.md?p=1).
- (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](/usc/42/6372.md?p=1) and [school](/usc/42/6372.md?p=1)-related activities.
- (6) **Secretary—** The term “Secretary” means the Secretary of Transportation.

# §12142. Public entities operating fixed route systems

- (a) **Purchase and lease of new vehicles—** It shall be considered discrimination for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [public entity](/usc/42/12131.md?p=1) which [operates](/usc/42/12141.md?p=4) a [fixed route system](/usc/42/12141.md?p=3) to purchase or lease a new bus, a new rapid rail vehicle, a new light rail vehicle, or any other new vehicle to be used on such system, if the solicitation for such purchase or lease is made after the 30th day following July 26, 1990, and if such bus, rail vehicle, or other vehicle is not readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs.
- (b) **Purchase and lease of used vehicles—** Subject to [subsection (c)(1)](#c-1), it shall be considered discrimination for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [public entity](/usc/42/12131.md?p=1) which [operates](/usc/42/12141.md?p=4) a [fixed route system](/usc/42/12141.md?p=3) to purchase or lease, after the 30th day following July 26, 1990, a used vehicle for use on such system unless such entity makes demonstrated good faith efforts to purchase or lease a used vehicle for use on such system that is readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs.
- (c) **Remanufactured vehicles—**
  - (1) **General rule—** Except as provided in [paragraph (2)](#c-2), it shall be considered discrimination for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [public entity](/usc/42/12131.md?p=1) which [operates](/usc/42/12141.md?p=4) a [fixed route system](/usc/42/12141.md?p=3)—
    - (A) to remanufacture a vehicle for use on such system so as to extend its usable life for 5 years or more, which remanufacture begins (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 usable life for 5 years or more, which purchase or lease occurs after such 30th day and during the period in which the usable life is extended;

    unless, after remanufacture, the vehicle is, to the maximum extent feasible, readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs.

  - (2) **Exception for historic vehicles—**
    - (A) **General rule—** If a [public entity](/usc/42/12131.md?p=1) [operates](/usc/42/12141.md?p=4) a [fixed route system](/usc/42/12141.md?p=3) 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 accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1) would significantly alter the historic character of such vehicle, the [public entity](/usc/42/12131.md?p=1) only has to make (or to purchase or lease a remanufactured vehicle with) those [modifications](/usc/42/7501.md?p=4) which are necessary to meet the requirements of [paragraph (1)](#c-1) and which do not significantly alter the historic character of such vehicle.
    - (B) **Vehicles of historic character defined by regulations—** For purposes of this paragraph and [section 12148(b) of this title](/usc/42/12148.md?p=b), a vehicle of historic character shall be defined by the regulations issued by the [Secretary](/usc/42/12141.md?p=6) to carry out this subsection.

# §12143. Paratransit as a complement to fixed route service

- (a) **General rule—** It shall be considered [discrimination](#e) for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [public entity](/usc/42/12131.md?p=1) which [operates](/usc/42/12141.md?p=4) a [fixed route system](/usc/42/12141.md?p=3) (other than a system which provides solely commuter bus service) to fail to provide with respect to the operations of its [fixed route system](/usc/42/12141.md?p=3), in accordance with this section, paratransit and other special transportation services to individuals with [disabilities](/usc/42/12102.md?p=1), 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](/usc/42/12141.md?p=2) services provided to individuals without [disabilities](/usc/42/12102.md?p=1) using such system; or (2) in the case of response time, which is comparable, to the extent practicable, to the level of [designated public transportation](/usc/42/12141.md?p=2) services provided to individuals without [disabilities](/usc/42/12102.md?p=1) using such system.
- (b) **Issuance of regulations—** Not later than 1 year after July 26, 1990, the [Secretary](/usc/42/12141.md?p=6) 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](/usc/42/12131.md?p=1) which [operates](/usc/42/12141.md?p=4) a [fixed route system](/usc/42/12141.md?p=3) to provide the paratransit and other special transportation services required under this section—
    - (A)
      - (i) to any [individual with a disability](/usc/42/12210.md?p=a) who is unable, as a result of a physical or mental impairment (including a vision impairment) and without the assistance of another individual (except an operator of a wheelchair lift or other boarding assistance device), to [board](/usc/42/10261.md?p=2), ride, or disembark from any vehicle on the system which is readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1);
      - (ii) to any [individual with a disability](/usc/42/12210.md?p=a) who needs the assistance of a wheelchair lift or other boarding assistance device (and is able with such assistance) to [board](/usc/42/10261.md?p=2), ride, and disembark from any vehicle which is readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1) 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 [designated public transportation](/usc/42/12141.md?p=2) on the route; and
      - (iii) to any [individual with a disability](/usc/42/12210.md?p=a) who has a specific impairment-related condition 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](/usc/42/12102.md?p=1); and
    - (C) to other individuals, in addition to the one individual described in [subparagraph (B)](#c-1-B), accompanying the [individual with a disability](/usc/42/12210.md?p=a) provided that space for these additional individuals is available on the paratransit vehicle carrying the [individual with a disability](/usc/42/12210.md?p=a) and that the transportation of such additional individuals will not result in a denial of service to individuals with [disabilities](/usc/42/12102.md?p=1).

    For purposes of clauses [(i)](#c-1-A-i) and [(ii)](#c-1-A-ii) of subparagraph (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](/usc/42/12131.md?p=1) which [operates](/usc/42/12141.md?p=4) a [fixed route system](/usc/42/12141.md?p=3), other than any portion of the service area in which the [public entity](/usc/42/12131.md?p=1) solely provides commuter bus service.
  - (3) **Service criteria—** Subject to paragraphs [(1)](#c-1) and [(2)](#c-2), the regulations issued under this section shall establish minimum service criteria for determining the level of services to be required under this section.
  - (4) **Undue financial burden limitation—** The regulations issued under this section shall provide that, if the [public entity](/usc/42/12131.md?p=1) is able to demonstrate to the satisfaction of the [Secretary](/usc/42/12141.md?p=6) that the provision of paratransit and other special transportation services otherwise required under this section would impose an undue financial burden on the [public entity](/usc/42/12131.md?p=1), the [public entity](/usc/42/12131.md?p=1), notwithstanding any other provision of this section (other than [paragraph (5)](#c-5)), shall only be required to provide 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](/usc/42/12141.md?p=6) may require a [public entity](/usc/42/12131.md?p=1) to provide, notwithstanding [paragraph (4)](#c-4), paratransit and other special transportation services under this section beyond the level of paratransit and other special transportation services which would otherwise be required under [paragraph (4)](#c-4).
  - (6) **Public participation—** The regulations issued under this section shall require that each [public entity](/usc/42/12131.md?p=1) which [operates](/usc/42/12141.md?p=4) a [fixed route system](/usc/42/12141.md?p=3) hold a public hearing, provide an opportunity for public comment, and consult with individuals with [disabilities](/usc/42/12102.md?p=1) in preparing its plan under [paragraph (7)](#c-7).
  - (7) **Plans—** The regulations issued under this section shall require that each [public entity](/usc/42/12131.md?p=1) which [operates](/usc/42/12141.md?p=4) a [fixed route system](/usc/42/12141.md?p=3)—
    - (A) within 18 months after July 26, 1990, submit to the [Secretary](/usc/42/12141.md?p=6), and commence implementation of, a plan for providing paratransit and other special transportation services which meets the requirements of this section; and
    - (B) on an annual basis thereafter, submit to the [Secretary](/usc/42/12141.md?p=6), and commence implementation 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](/usc/42/12131.md?p=1) submitting a plan to the [Secretary](/usc/42/12141.md?p=6) under this section identify in the plan any [person](/usc/42/1320a–7k.md?p=d-4-C-i) or other [public entity](/usc/42/12131.md?p=1) which is providing a paratransit or other special transportation service for individuals with [disabilities](/usc/42/12102.md?p=1) in the service area to which the plan applies; and
    - (B) provide that the [public entity](/usc/42/12131.md?p=1) submitting the plan does not have to provide under the plan such service for individuals with [disabilities](/usc/42/12102.md?p=1).
  - (9) **Other provisions—** The regulations issued under this section shall include such other provisions and requirements as the [Secretary](/usc/42/12141.md?p=6) determines are necessary to carry out the objectives of this section.
- (d) **Review of plan—**
  - (1) **General rule—** The [Secretary](/usc/42/12141.md?p=6) shall review a plan submitted under this section for the purpose of determining whether or not such plan meets the requirements of this section, including the regulations issued under this section.
  - (2) **Disapproval—** If the [Secretary](/usc/42/12141.md?p=6) determines that a plan reviewed under this subsection fails to meet the requirements of this section, the [Secretary](/usc/42/12141.md?p=6) shall disapprove the plan and notify the [public entity](/usc/42/12131.md?p=1) which submitted the plan of such disapproval and the reasons therefor.
  - (3) **Modification of disapproved plan—** Not later than 90 days after the date of disapproval of a plan under this subsection, the [public entity](/usc/42/12131.md?p=1) which submitted the plan shall modify the plan to meet the requirements of this section and shall submit to the [Secretary](/usc/42/12141.md?p=6), and commence implementation of, such [modified](/usc/42/7501.md?p=4) plan.
- (e) **“Discrimination” defined—** As used in [subsection (a)](#a), the term “discrimination” includes—
  - (1) a failure of a [public entity](/usc/42/12131.md?p=1) to which the regulations issued under this section apply to submit, or commence implementation of, a plan in accordance with subsections [(c)(6)](#c-6) and [(c)(7)](#c-7);
  - (2) a failure of such entity to submit, or commence implementation of, a [modified](/usc/42/7501.md?p=4) plan in accordance with [subsection (d)(3)](#d-3);
  - (3) submission to the [Secretary](/usc/42/12141.md?p=6) of a [modified](/usc/42/7501.md?p=4) plan under [subsection (d)(3)](#d-3) which does not meet the requirements of this section; or
  - (4) a failure of such entity to provide paratransit or other special transportation services in accordance with the plan or [modified](/usc/42/7501.md?p=4) plan the [public entity](/usc/42/12131.md?p=1) submitted to the [Secretary](/usc/42/12141.md?p=6) under this section.
- (f) **Statutory construction—** Nothing in this section shall be construed as preventing a [public entity](/usc/42/12131.md?p=1)—
  - (1) from providing paratransit or other special 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 special transportation services in addition to those paratransit and special transportation services required by this section, or
  - (3) from providing such services to individuals in addition to those individuals to whom such services are required to be provided by this section.

# §12144. Public entity operating a demand responsive system


If a [public entity](/usc/42/12131.md?p=1) [operates](/usc/42/12141.md?p=4) a [demand responsive system](/usc/42/12141.md?p=1), it shall be considered discrimination, for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md), for such entity to purchase or lease a new vehicle for use on such system, for which a solicitation is made after the 30th day following July 26, 1990, that is not readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), 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 [disabilities](/usc/42/12102.md?p=1).


# §12145. Temporary relief where lifts are unavailable

- (a) **Granting—** With respect to the purchase of new buses, a [public entity](/usc/42/12131.md?p=1) may apply for, and the [Secretary](/usc/42/12141.md?p=6) may temporarily relieve such [public entity](/usc/42/12131.md?p=1) from the obligation under section [12142(a)](/usc/42/12142.md?p=a) or [12144](/usc/42/12144.md) of this title to purchase new buses that are readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1) if such [public entity](/usc/42/12131.md?p=1) demonstrates to the satisfaction of the [Secretary](/usc/42/12141.md?p=6)—
  - (1) that the initial solicitation for new buses made by the [public entity](/usc/42/12131.md?p=1) specified that all new buses were to be lift-equipped and were to be otherwise accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1);
  - (2) the unavailability from any qualified [manufacturer](/usc/42/300aa–33.md?p=3) of hydraulic, electromechanical, or other lifts for such new buses;
  - (3) that the [public entity](/usc/42/12131.md?p=1) seeking temporary relief has made good faith efforts to locate a qualified [manufacturer](/usc/42/300aa–33.md?p=3) to supply the lifts to the [manufacturer](/usc/42/300aa–33.md?p=3) 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 significantly impair transportation services in the community served by the [public entity](/usc/42/12131.md?p=1).
- (b) **Duration and notice to Congress—** Any relief granted under [subsection (a)](#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](/usc/42/12141.md?p=6) has reasonable [cause](/usc/42/9908.md?p=c-2) to believe that any relief granted under [subsection (a)](#a) was fraudulently applied for, the [Secretary](/usc/42/12141.md?p=6) shall—
  - (1) cancel such relief if such relief is still in effect; and
  - (2) take such other action as the [Secretary](/usc/42/12141.md?p=6) considers appropriate.

# §12146. New facilities


For purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md), it shall be considered discrimination for a [public entity](/usc/42/12131.md?p=1) to construct a new [facility](/usc/42/11049.md?p=4) to be used in the provision of [designated public transportation](/usc/42/12141.md?p=2) services unless such [facility](/usc/42/11049.md?p=4) is readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs.


# §12147. Alterations of existing facilities

- (a) **General rule—** With respect to alterations of an existing [facility](/usc/42/11049.md?p=4) or part thereof used in the provision of [designated public transportation](/usc/42/12141.md?p=2) services that affect or could affect the usability of the [facility](/usc/42/11049.md?p=4) or part thereof, it shall be considered discrimination, for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md), for a [public entity](/usc/42/12131.md?p=1) 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 portions of the [facility](/usc/42/11049.md?p=4) are readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, upon the completion of such alterations. Where the [public entity](/usc/42/12131.md?p=1) is undertaking an alteration that affects or could affect usability of or access to an area of the [facility](/usc/42/11049.md?p=4) 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](/usc/42/12102.md?p=1), including individuals who use wheelchairs, upon completion of such alterations, where such alterations 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 determined under criteria established by the [Attorney General](/usc/42/14902.md?p=6)).
- (b) **Special rule for stations—**
  - (1) **General rule—** For purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md), it shall be considered discrimination for a [public entity](/usc/42/12131.md?p=1) that provides [designated public transportation](/usc/42/12141.md?p=2) to fail, in accordance with the provisions of this subsection, to make key stations (as determined under criteria established by the [Secretary](/usc/42/12141.md?p=6) by regulation) in rapid rail and light rail systems readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs.
  - (2) **Rapid rail and light rail key stations—**
    - (A) **Accessibility—** Except as otherwise provided in this paragraph, all key stations (as determined under criteria established by the [Secretary](/usc/42/12141.md?p=6) by regulation) in rapid rail and light rail systems shall be made readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, as soon as practicable but in no event later than the last day of the 3-year period beginning on July 26, 1990.
    - (B) **Extension for extraordinarily expensive structural changes—** The [Secretary](/usc/42/12141.md?p=6) may extend the 3-year period under [subparagraph (A)](#b-2-A) up to a 30-year period for key stations in a rapid rail or light rail system which stations need extraordinarily expensive structural changes to, or replacement of, existing [facilities](/usc/42/11049.md?p=4); except that by the last day of the 20th year following July 26, 1990, at least ⅔ of such key stations must be readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1).
  - (3) **Plans and milestones—** The [Secretary](/usc/42/12141.md?p=6) shall require the appropriate [public entity](/usc/42/12131.md?p=1) to develop and submit to the [Secretary](/usc/42/12141.md?p=6) a plan for compliance with this subsection—
    - (A) that reflects consultation with individuals with [disabilities](/usc/42/12102.md?p=1) affected by such plan and the results of a public hearing and public comments on such plan, and
    - (B) that establishes milestones for achievement of the requirements of this subsection.

# §12148. Public transportation programs and activities in existing facilities and one car per train rule

- (a) **Public transportation programs and activities in existing facilities—**
  - (1) **In general—** With respect to existing [facilities](/usc/42/11049.md?p=4) used in the provision of [designated public transportation](/usc/42/12141.md?p=2) services, it shall be considered discrimination, for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md), for a [public entity](/usc/42/12131.md?p=1) to fail to operate a [designated public transportation](/usc/42/12141.md?p=2) [program or activity](/usc/42/2000cc–5.md?p=6) conducted in such [facilities](/usc/42/11049.md?p=4) so that, when viewed in the entirety, the [program or activity](/usc/42/2000cc–5.md?p=6) is readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1).
  - (2) **Exception—** [Paragraph (1)](#a-1) shall not require a [public entity](/usc/42/12131.md?p=1) to make structural changes to existing [facilities](/usc/42/11049.md?p=4) in order to make such [facilities](/usc/42/11049.md?p=4) accessible to individuals who use wheelchairs, unless and to the extent required by [section 12147(a) of this title](/usc/42/12147.md?p=a) (relating to alterations) or [section 12147(b) of this title](/usc/42/12147.md?p=b) (relating to key stations).
  - (3) **Utilization—** [Paragraph (1)](#a-1) shall not require a [public entity](/usc/42/12131.md?p=1) to which [paragraph (2)](#a-2) applies, to provide to individuals who use wheelchairs services made available to the general public at such [facilities](/usc/42/11049.md?p=4) when such individuals could not utilize or benefit from such services provided at such [facilities](/usc/42/11049.md?p=4).
- (b) **One car per train rule—**
  - (1) **General rule—** Subject to [paragraph (2)](#b-2), with respect to 2 or more vehicles operated as a train by a light or rapid rail system, for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md), it shall be considered discrimination for a [public entity](/usc/42/12131.md?p=1) to fail to have at least 1 vehicle per train that is accessible to individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, as soon as practicable but in no event later than the last day of the 5-year period beginning on the effective date of this section.
  - (2) **Historic trains—** In order to comply with [paragraph (1)](#b-1) with respect to the remanufacture of a vehicle of historic character which is to be used on a segment of a light or rapid rail system which is included on the National Register of Historic Places, if making such vehicle readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1) would significantly alter the historic character of such vehicle, the [public entity](/usc/42/12131.md?p=1) which [operates](/usc/42/12141.md?p=4) such system only has to make (or to purchase or lease a remanufactured vehicle with) those [modifications](/usc/42/7501.md?p=4) which are necessary to meet the requirements of [section 12142(c)(1) of this title](/usc/42/12142.md?p=c-1) and which do not significantly alter the historic character of such vehicle.

# §12149. Regulations

- (a) **In general—** Not later than 1 year after July 26, 1990, the [Secretary](/usc/42/12141.md?p=6) of Transportation shall issue regulations, in an accessible format, necessary for carrying out this subpart (other than [section 12143 of this title](/usc/42/12143.md)).
- (b) **Standards—** The regulations issued under this section and [section 12143 of this title](/usc/42/12143.md) shall include [standards](/usc/42/1320d.md?p=7) applicable to [facilities](/usc/42/11049.md?p=4) and vehicles covered by this part. The [standards](/usc/42/1320d.md?p=7) shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance [Board](/usc/42/10261.md?p=2) in accordance with [section 12204 of this title](/usc/42/12204.md).

# §12150. Interim accessibility requirements


If final regulations have not been issued pursuant to [section 12149 of this title](/usc/42/12149.md), for new [construction](/usc/42/7479.md?p=2-C) or alterations for which a valid and appropriate [State](/usc/42/12103.md?p=2) or local [building](/usc/42/6881.md?p=i-3) permit is obtained prior to the issuance of final regulations under such section, and for which the [construction](/usc/42/7479.md?p=2-C) or alteration authorized by such permit begins within one year of the receipt of such permit and is completed under the terms of such permit, compliance with the Uniform Federal Accessibility [Standards](/usc/42/1320d.md?p=7) in effect at the time the [building](/usc/42/6881.md?p=i-3) permit is issued shall suffice to satisfy the requirement that [facilities](/usc/42/11049.md?p=4) be readily accessible to and usable by [persons](/usc/42/1320a–7k.md?p=d-4-C-i) with [disabilities](/usc/42/12102.md?p=1) as required under sections [12146](/usc/42/12146.md) and [12147](/usc/42/12147.md) of this title, except that, if such final regulations have not been issued one year after the Architectural and Transportation Barriers Compliance [Board](/usc/42/10261.md?p=2) has issued the supplemental minimum guidelines required under [section 12204(a) of this title](/usc/42/12204.md?p=a), compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that [facilities](/usc/42/11049.md?p=4) be readily accessible to and usable by [persons](/usc/42/1320a–7k.md?p=d-4-C-i) with [disabilities](/usc/42/12102.md?p=1) prior to issuance of the final regulations.


# §12161. Definitions


As used in this subpart:

- (1) **Commuter authority—** The term “commuter authority” has the meaning given such term in section 24102(4)[^1] of [title 49](/usc/49.md).
- (2) **Commuter rail transportation—** The term “commuter rail transportation” has the meaning given the term “commuter rail passenger transportation” in section 24102(5)[^1] of [title 49](/usc/49.md).
- (3) **Intercity rail transportation—** The term “intercity rail transportation” means transportation provided by the National Railroad Passenger [Corporation](/usc/42/2296b–7.md?p=1).
- (4) **Rail passenger car—** The term “rail passenger car” means, with respect to [intercity rail transportation](#3), [single](/usc/42/2304.md?p=m)-level and bi-level coach cars, [single](/usc/42/2304.md?p=m)-level and bi-level dining cars, [single](/usc/42/2304.md?p=m)-level and bi-level sleeping cars, [single](/usc/42/2304.md?p=m)-level and bi-level lounge cars, and food service cars.
- (5) **Responsible person—** The term “responsible person” means—
  - (A) in the case of a [station](#6) more than 50 percent of which is owned by a [public entity](/usc/42/12131.md?p=1), such [public entity](/usc/42/12131.md?p=1);
  - (B) in the case of a [station](#6) more than 50 percent of which is owned by a private party, the [persons](/usc/42/1320a–7k.md?p=d-4-C-i) providing intercity or [commuter rail transportation](#2) to such [station](#6), as allocated on an equitable basis by regulation by the [Secretary](/usc/42/242q–4.md?p=2) of Transportation; and
  - (C) in a case where no party owns more than 50 percent of a [station](#6), the [persons](/usc/42/1320a–7k.md?p=d-4-C-i) providing intercity or [commuter rail transportation](#2) to such [station](#6) and the [owners](/usc/42/13641.md?p=4) of the [station](#6), other than private party [owners](/usc/42/13641.md?p=4), as allocated on an equitable basis by regulation by the [Secretary](/usc/42/242q–4.md?p=2) of Transportation.
- (6) **Station—** The term “station” means the portion of a property located appurtenant to a right-of-way on which intercity or [commuter rail transportation](#2) is operated, where such portion is used by the general public and is related to the provision of such transportation, including passenger platforms, designated waiting areas, ticketing areas, restrooms, and, where a [public entity](/usc/42/12131.md?p=1) providing rail transportation owns the property, concession areas, to the extent that such [public entity](/usc/42/12131.md?p=1) exercises control over the selection, design, [construction](/usc/42/7479.md?p=2-C), or alteration of the property, but such term does not include flag stops.

# §12162. Intercity and commuter rail actions considered discriminatory

- (a) **Intercity rail transportation—**
  - (1) **One car per train rule—** It shall be considered discrimination for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [person](/usc/42/1320a–7k.md?p=d-4-C-i) who provides [intercity rail transportation](/usc/42/12161.md?p=3) to fail to have at least one passenger car per train that is readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, in accordance with regulations issued under [section 12164 of this title](/usc/42/12164.md), 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 subsection with respect to individuals who use wheelchairs, it shall be considered discrimination for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [person](/usc/42/1320a–7k.md?p=d-4-C-i) to purchase or lease any new [rail passenger cars](/usc/42/12161.md?p=4) for use in [intercity rail transportation](/usc/42/12161.md?p=3), 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](/usc/42/12102.md?p=1), including individuals who use wheelchairs, as prescribed by the [Secretary](/usc/42/242q–4.md?p=2) of Transportation in regulations issued under [section 12164 of this title](/usc/42/12164.md).
    - (B) **Special rule for single-level passenger coaches for individuals who use wheelchairs—** [Single](/usc/42/2304.md?p=m)-level passenger coaches shall 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, and a space to fold and store such passenger’s wheelchair; and
      - (iv) have a restroom usable by an individual who uses a wheelchair,

      only to the extent provided in [paragraph (3)](#a-3).

    - (C) **Special rule for single-level dining cars for individuals who use wheelchairs—** [Single](/usc/42/2304.md?p=m)-level dining cars shall not be required to—
      - (i) be able to be entered from the [station](/usc/42/12161.md?p=6) platform by an individual who uses a wheelchair; or
      - (ii) have a restroom usable by an individual who uses a wheelchair if no restroom is provided in such car for any passenger.
    - (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 individual 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](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [person](/usc/42/1320a–7k.md?p=d-4-C-i) who provides [intercity rail transportation](/usc/42/12161.md?p=3) to fail to have on each train which includes one or more [single](/usc/42/2304.md?p=m)-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 [single](/usc/42/2304.md?p=m)-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](/usc/42/2304.md?p=m)-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](/usc/42/2304.md?p=m)-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](/usc/42/2304.md?p=m)-level rail passenger coaches in such train,

      as soon as practicable, but in no event later than 10 years after July 26, 1990.

    - (B) **Location—** Spaces required by [subparagraph (A)](#a-3-A) shall be located in [single](/usc/42/2304.md?p=m)-level rail passenger coaches or food service cars.
    - (C) **Limitation—** Of the number of spaces required on a train by [subparagraph (A)](#a-3-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](/usc/42/2304.md?p=m)-level rail passenger coaches and food service cars on which the spaces required by [subparagraph (A)](#a-3-A) are located shall have a restroom usable by an individual who uses a wheelchair and shall be able to be entered from the [station](/usc/42/12161.md?p=6) platform by an individual who uses a wheelchair.
  - (4) **Food service—**
    - (A) **Single-level dining cars—** On any train in which a [single](/usc/42/2304.md?p=m)-level dining car is used to provide food service—
      - (i) if such [single](/usc/42/2304.md?p=m)-level dining car was purchased after July 26, 1990, table service in such car shall be provided to a passenger 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 wheelchair;
        - (II) such passenger can exit to the platform from the car such passenger occupies, move down the platform, and enter the adjacent accessible car described in [subclause (I)](#a-4-A-i-I) without the necessity of the train being moved within the [station](/usc/42/12161.md?p=6); and
        - (III) space to park and secure a wheelchair 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 services](/usc/42/12103.md?p=1), including a hard surface on which to eat, shall be provided to ensure that other equivalent food service is available to individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, and to passengers traveling with such individuals.

      Unless not practicable, a [person](/usc/42/1320a–7k.md?p=d-4-C-i) providing [intercity rail transportation](/usc/42/12161.md?p=3) shall place an accessible car adjacent to the end of a dining car described in [clause (i)](#a-4-A-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 provided to individuals who use wheelchairs and to other passengers; and
      - (ii) appropriate [auxiliary aids and services](/usc/42/12103.md?p=1), including a hard surface on which to eat, shall be provided to ensure that other equivalent food service is available to individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, and to passengers traveling with such individuals.
- (b) **Commuter rail transportation—**
  - (1) **One car per train rule—** It shall be considered discrimination for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [person](/usc/42/1320a–7k.md?p=d-4-C-i) who provides [commuter rail transportation](/usc/42/12161.md?p=2) to fail to have at least one passenger car per train that is readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, in accordance with regulations issued under [section 12164 of this title](/usc/42/12164.md), 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](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [person](/usc/42/1320a–7k.md?p=d-4-C-i) to purchase or lease any new [rail passenger cars](/usc/42/12161.md?p=4) for use in [commuter rail transportation](/usc/42/12161.md?p=2), 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](/usc/42/12102.md?p=1), including individuals who use wheelchairs, as prescribed by the [Secretary](/usc/42/242q–4.md?p=2) of Transportation in regulations issued under [section 12164 of this title](/usc/42/12164.md).
    - (B) **Accessibility—** For purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md), a requirement that a [rail passenger car](/usc/42/12161.md?p=4) used in [commuter rail transportation](/usc/42/12161.md?p=2) be accessible to or readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), 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 purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [person](/usc/42/1320a–7k.md?p=d-4-C-i) to purchase or lease a used [rail passenger car](/usc/42/12161.md?p=4) for use in intercity or [commuter rail transportation](/usc/42/12161.md?p=2), unless such [person](/usc/42/1320a–7k.md?p=d-4-C-i) makes demonstrated good faith efforts to purchase or lease a used rail car that is readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, as prescribed by the [Secretary](/usc/42/242q–4.md?p=2) of Transportation in regulations issued under [section 12164 of this title](/usc/42/12164.md).
- (d) **Remanufactured rail cars—**
  - (1) **Remanufacturing—** It shall be considered discrimination for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [person](/usc/42/1320a–7k.md?p=d-4-C-i) to remanufacture a [rail passenger car](/usc/42/12161.md?p=4) for use in intercity or [commuter rail transportation](/usc/42/12161.md?p=2) 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](/usc/42/12102.md?p=1), including individuals who use wheelchairs, as prescribed by the [Secretary](/usc/42/242q–4.md?p=2) of Transportation in regulations issued under [section 12164 of this title](/usc/42/12164.md).
  - (2) **Purchase or lease—** It shall be considered discrimination for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [person](/usc/42/1320a–7k.md?p=d-4-C-i) to purchase or lease a remanufactured [rail passenger car](/usc/42/12161.md?p=4) for use in intercity or [commuter rail transportation](/usc/42/12161.md?p=2) unless such car was remanufactured in accordance with [paragraph (1)](#d-1).
- (e) **Stations—**
  - (1) **New stations—** It shall be considered discrimination for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [person](/usc/42/1320a–7k.md?p=d-4-C-i) to build a new [station](/usc/42/12161.md?p=6) for use in intercity or [commuter rail transportation](/usc/42/12161.md?p=2) that is not readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, as prescribed by the [Secretary](/usc/42/242q–4.md?p=2) of Transportation in regulations issued under [section 12164 of this title](/usc/42/12164.md).
  - (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](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for a [responsible person](/usc/42/12161.md?p=5) to fail to make existing [stations](/usc/42/12161.md?p=6) in the [intercity rail transportation](/usc/42/12161.md?p=3) system, and existing key [stations](/usc/42/12161.md?p=6) in [commuter rail transportation](/usc/42/12161.md?p=2) systems, readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, as prescribed by the [Secretary](/usc/42/242q–4.md?p=2) of Transportation in regulations issued under [section 12164 of this title](/usc/42/12164.md).
      - (ii) **Period for compliance—**
        - (I) **Intercity rail—** All [stations](/usc/42/12161.md?p=6) in the [intercity rail transportation](/usc/42/12161.md?p=3) system shall be made readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, as soon as practicable, but in no event later than 20 years after July 26, 1990.
        - (II) **Commuter rail—** Key [stations](/usc/42/12161.md?p=6) in [commuter rail transportation](/usc/42/12161.md?p=2) systems shall be made readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, as soon as practicable but in no event later than 3 years after July 26, 1990, except that the time limit may be extended by the [Secretary](/usc/42/242q–4.md?p=2) 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 accessibility or where other extraordinarily expensive structural changes are necessary to attain accessibility.
      - (iii) **Designation of key stations—** Each [commuter authority](/usc/42/12161.md?p=1) shall designate the key [stations](/usc/42/12161.md?p=6) in its [commuter rail transportation](/usc/42/12161.md?p=2) system, in consultation with individuals with [disabilities](/usc/42/12102.md?p=1) and organizations representing such individuals, taking into consideration such factors as high ridership and whether such [station](/usc/42/12161.md?p=6) serves as a transfer or feeder [station](/usc/42/12161.md?p=6). Before the final designation of key [stations](/usc/42/12161.md?p=6) under this clause, a [commuter authority](/usc/42/12161.md?p=1) shall hold a public hearing.
      - (iv) **Plans and milestones—** The [Secretary](/usc/42/242q–4.md?p=2) of Transportation shall require the appropriate [person](/usc/42/1320a–7k.md?p=d-4-C-i) to develop a plan for carrying out this subparagraph that reflects consultation with individuals with [disabilities](/usc/42/12102.md?p=1) affected by such plan and that establishes milestones for achievement of the requirements of this subparagraph.
    - (B) **Requirement when making alterations—**
      - (i) **General rule—** It shall be considered discrimination, for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md), with respect to alterations of an existing [station](/usc/42/12161.md?p=6) or part thereof in the intercity or [commuter rail transportation](/usc/42/12161.md?p=2) systems that affect or could affect the usability of the [station](/usc/42/12161.md?p=6) or part thereof, for the [responsible person](/usc/42/12161.md?p=5), [owner](/usc/42/13641.md?p=4), or [person](/usc/42/1320a–7k.md?p=d-4-C-i) in control of the [station](/usc/42/12161.md?p=6) to fail to make the alterations in such a manner that, to the maximum extent feasible, the altered portions of the [station](/usc/42/12161.md?p=6) are readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, upon completion of such alterations.
      - (ii) **Alterations to a primary function area—** It shall be considered discrimination, for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md), with respect to alterations that affect or could affect the usability of or access to an area of the [station](/usc/42/12161.md?p=6) containing a primary function, for the [responsible person](/usc/42/12161.md?p=5), [owner](/usc/42/13641.md?p=4), or [person](/usc/42/1320a–7k.md?p=d-4-C-i) in control of the [station](/usc/42/12161.md?p=6) to fail to 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](/usc/42/12102.md?p=1), including individuals who use wheelchairs, upon completion of such alterations, where such alterations 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 determined under criteria established by the [Attorney General](/usc/42/14902.md?p=6)).
    - (C) **Required cooperation—** It shall be considered discrimination for purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md) for an [owner](/usc/42/13641.md?p=4), or [person](/usc/42/1320a–7k.md?p=d-4-C-i) in control, of a [station](/usc/42/12161.md?p=6) governed by subparagraph [(A)](#e-2-A) or [(B)](#e-2-B) to fail to provide reasonable cooperation to a [responsible person](/usc/42/12161.md?p=5) with respect to such [station](/usc/42/12161.md?p=6) in that [responsible person](/usc/42/12161.md?p=5)’s efforts to comply with such subparagraph. An [owner](/usc/42/13641.md?p=4), or [person](/usc/42/1320a–7k.md?p=d-4-C-i) in control, of a [station](/usc/42/12161.md?p=6) shall be liable to a [responsible person](/usc/42/12161.md?p=5) for any failure to provide reasonable cooperation as required by this subparagraph. Failure to receive reasonable cooperation required by this subparagraph shall not be a defense to a [claim](/usc/42/1320a–7a.md?p=i-2) of discrimination under this chapter.

# §12163. Conformance of accessibility standards


Accessibility [standards](/usc/42/1320d.md?p=7) included in regulations issued under this subpart shall be consistent with the minimum guidelines issued by the Architectural and Transportation Barriers Compliance [Board](/usc/42/10261.md?p=2) under [section 12204(a) of this title](/usc/42/12204.md?p=a).


# §12164. Regulations


Not later than 1 year after July 26, 1990, the [Secretary](/usc/42/242q–4.md?p=2) of Transportation shall issue regulations, in an accessible format, necessary for carrying out this subpart.


# §12165. Interim accessibility requirements

- (a) **Stations—** If final regulations have not been issued pursuant to [section 12164 of this title](/usc/42/12164.md), for new [construction](/usc/42/7479.md?p=2-C) or alterations for which a valid and appropriate [State](/usc/42/12103.md?p=2) or local [building](/usc/42/6881.md?p=i-3) permit is obtained prior to the issuance of final regulations under such section, and for which the [construction](/usc/42/7479.md?p=2-C) or alteration authorized by such permit begins within one year of the receipt of such permit and is completed under the terms of such permit, compliance with the Uniform Federal Accessibility [Standards](/usc/42/1320d.md?p=7) in effect at the time the [building](/usc/42/6881.md?p=i-3) permit is issued shall suffice to satisfy the requirement that [stations](/usc/42/12161.md?p=6) be readily accessible to and usable by [persons](/usc/42/1320a–7k.md?p=d-4-C-i) with [disabilities](/usc/42/12102.md?p=1) as required under [section 12162(e) of this title](/usc/42/12162.md?p=e), except that, if such final regulations have not been issued one year after the Architectural and Transportation Barriers Compliance [Board](/usc/42/10261.md?p=2) has issued the supplemental minimum guidelines required under [section 12204(a) of this title](/usc/42/12204.md?p=a), compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that [stations](/usc/42/12161.md?p=6) be readily accessible to and usable by [persons](/usc/42/1320a–7k.md?p=d-4-C-i) with [disabilities](/usc/42/12102.md?p=1) prior to issuance of the final regulations.
- (b) **Rail passenger cars—** If final regulations have not been issued pursuant to [section 12164 of this title](/usc/42/12164.md), a [person](/usc/42/1320a–7k.md?p=d-4-C-i) shall be considered to have complied with the requirements of [section 12162(a) through (d)](/usc/42/12162.md?p=a..d) of this title that a [rail passenger car](/usc/42/12161.md?p=4) be readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), 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](/usc/42/12204.md?p=a)) governing accessibility of such cars, to the extent that such laws and regulations are not inconsistent with this subpart and are in effect at the time such design is substantially completed.

# §12181. Definitions


As used in this subchapter:

- (1) **Commerce—** The term “commerce” means travel, trade, traffic, commerce, transportation, or communication—
  - (A) among the several [States](/usc/42/12103.md?p=2);
  - (B) between any foreign country or any territory or possession and any [State](/usc/42/12103.md?p=2); or
  - (C) between points in the same [State](/usc/42/12103.md?p=2) but through another [State](/usc/42/12103.md?p=2) or foreign country.
- (2) **Commercial facilities—** The term “commercial facilities” means [facilities](/usc/42/11049.md?p=4)—
  - (A) that are intended for nonresidential use; and
  - (B) whose operations will affect [commerce](#1).

  Such term shall not include [railroad](#8) locomotives, [railroad](#8) freight cars, [railroad](#8) cabooses, [railroad](#8) cars described in [section 12162 of this title](/usc/42/12162.md) or covered under this subchapter, [railroad](#8) rights-of-way, or [facilities](/usc/42/11049.md?p=4) that are covered or expressly exempted from coverage under the Fair Housing Act of 1968[^1] ([42 U.S.C. 3601](/usc/42/3601.md) et seq.).

- (3) **Demand responsive system—** The term “demand responsive system” means any system of providing transportation of individuals by a [vehicle](#11), other than a system which is a [fixed route system](#4).
- (4) **Fixed route system—** The term “fixed route system” means a system of providing transportation of individuals (other than by aircraft) on which a [vehicle](#11) is operated along a prescribed route according to a fixed schedule.
- (5) **Over-the-road bus—** The term “over-the-road bus” means a bus characterized by an elevated passenger deck located over a baggage compartment.
- (6) **Private entity—** The term “private entity” means any entity other than a public entity (as defined in [section 12131(1) of this title](/usc/42/12131.md?p=1)).
- (7) **Public accommodation—** The following [private entities](#6) are considered public accommodations for purposes of this subchapter, if the operations of such entities affect [commerce](#1)—
  - (A) an inn, hotel, motel, or other place of lodging, except for an establishment located within a [building](/usc/42/6881.md?p=i-3) that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor;
  - (B) a restaurant, bar, or other establishment serving food or drink;
  - (C) a motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;
  - (D) an auditorium, convention center, lecture hall, or other place of public gathering;
  - (E) a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;
  - (F) a laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, [office](/usc/42/3058f.md?p=1) of an accountant or lawyer, pharmacy, insurance [office](/usc/42/3058f.md?p=1), professional [office](/usc/42/3058f.md?p=1) of a [health care provider](/usc/42/300jj.md?p=3), [hospital](/usc/42/1395dd.md?p=e-5), or other service establishment;
  - (G) a terminal, depot, or other station used for [specified public transportation](#10);
  - (H) a [museum](/usc/42/7142d.md?p=1), library, gallery, or other place of public display or collection;
  - (I) a park, zoo, amusement park, or other place of recreation;
  - (J) a nursery, elementary, secondary, undergraduate, or postgraduate private [school](/usc/42/6372.md?p=1), or other place of education;
  - (K) a day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and
  - (L) a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.
- (8) **Rail and railroad—** The terms “rail” and “railroad” have the meaning given the term “railroad” in section 20102(1)[^1] of [title 49](/usc/49.md).
- (9) **Readily achievable—** The term “readily achievable” means easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include—
  - (A) the nature and cost of the action needed under this chapter;
  - (B) the overall financial resources of the [facility](/usc/42/11049.md?p=4) or [facilities](/usc/42/11049.md?p=4) involved in the action; the number of [persons](/usc/42/1320a–7k.md?p=d-4-C-i) employed at such [facility](/usc/42/11049.md?p=4); the effect on expenses and resources, or the impact otherwise of such action upon the operation of the [facility](/usc/42/11049.md?p=4);
  - (C) the overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its [employees](/usc/42/1320a–7h.md?p=e-7); the number, type, and location of its [facilities](/usc/42/11049.md?p=4); and
  - (D) the type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative or fiscal relationship of the [facility](/usc/42/11049.md?p=4) or [facilities](/usc/42/11049.md?p=4) in question to the covered entity.
- (10) **Specified public transportation—** The term “specified public transportation” means transportation by bus, [rail](#8), or any other conveyance (other than by aircraft) that provides the general public with general or special service (including charter service) on a regular and continuing basis.
- (11) **Vehicle—** The term “vehicle” does not include a [rail](#8) passenger car, [railroad](#8) locomotive, [railroad](#8) freight car, [railroad](#8) caboose, or a [railroad](#8) car described in [section 12162 of this title](/usc/42/12162.md) or covered under this subchapter.

# §12182. Prohibition of discrimination by public accommodations

- (a) **General rule—** No individual shall be discriminated against on the basis of [disability](/usc/42/12102.md?p=1) in the full and equal enjoyment of the goods, services, [facilities](/usc/42/11049.md?p=4), privileges, advantages, or accommodations of any place of public accommodation by any [person](/usc/42/1320a–7k.md?p=d-4-C-i) who owns, leases (or leases to), or operates a place of public accommodation.
- (b) **Construction—**
  - (1) **General prohibition—**
    - (A) **Activities—**
      - (i) **Denial of participation—** It shall be discriminatory to subject an [individual or class of individuals](#b-1-A-iv) on the basis of a [disability](/usc/42/12102.md?p=1) or [disabilities](/usc/42/12102.md?p=1) of such individual or class, directly, or through contractual, licensing, or other arrangements, to a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, [facilities](/usc/42/11049.md?p=4), privileges, advantages, or accommodations of an entity.
      - (ii) **Participation in unequal benefit—** It shall be discriminatory to afford an [individual or class of individuals](#b-1-A-iv), on the basis of a [disability](/usc/42/12102.md?p=1) or [disabilities](/usc/42/12102.md?p=1) of such individual or class, directly, or through contractual, licensing, or other arrangements with the opportunity to participate in or benefit from a good, service, [facility](/usc/42/11049.md?p=4), privilege, advantage, or accommodation that is not equal to that afforded to other individuals.
      - (iii) **Separate benefit—** It shall be discriminatory to provide an [individual or class of individuals](#b-1-A-iv), on the basis of a [disability](/usc/42/12102.md?p=1) or [disabilities](/usc/42/12102.md?p=1) of such individual or class, directly, or through contractual, licensing, or other arrangements with a good, service, [facility](/usc/42/11049.md?p=4), privilege, advantage, or accommodation that is different or separate from that provided to other individuals, unless such action is necessary to provide the [individual or class of individuals](#b-1-A-iv) with a good, service, [facility](/usc/42/11049.md?p=4), privilege, advantage, or accommodation, or other opportunity that is as effective as that provided to others.
      - (iv) **Individual or class of individuals—** For purposes of [clauses (i) through (iii)](#b-1-i..b-1-iii) of this subparagraph, the term “individual or class of individuals” refers to the clients or [customers](/usc/42/7275.md?p=5) of the covered public accommodation that enters into the contractual, licensing or other arrangement.
    - (B) **Integrated settings—** Goods, services, [facilities](/usc/42/11049.md?p=4), privileges, advantages, and accommodations shall be afforded to an [individual with a disability](/usc/42/12210.md?p=a) in the most integrated setting appropriate to the needs of the individual.
    - (C) **Opportunity to participate—** Notwithstanding the existence of separate or different [programs](/usc/42/274l–1.md?p=4) or activities provided in accordance with this section, an [individual with a disability](/usc/42/12210.md?p=a) shall not be denied the opportunity to participate in such [programs](/usc/42/274l–1.md?p=4) or activities that are not separate or different.
    - (D) **Administrative methods—** An individual or entity shall not, directly or through contractual or other arrangements, utilize [standards](/usc/42/1320d.md?p=7) or criteria or methods of administration—
      - (i) that have the effect of discriminating on the basis of [disability](/usc/42/12102.md?p=1); or
      - (ii) that perpetuate the discrimination of others who are subject to common administrative control.
    - (E) **Association—** It shall be discriminatory to exclude or otherwise deny equal goods, services, [facilities](/usc/42/11049.md?p=4), privileges, advantages, accommodations, or other opportunities to an individual or entity because of the known [disability](/usc/42/12102.md?p=1) of an individual with whom the individual or entity is known to have a relationship or association.
  - (2) **Specific prohibitions—**
    - (A) **Discrimination—** For purposes of [subsection (a)](#a), discrimination includes—
      - (i) the imposition or application of eligibility criteria that screen out or tend to screen out an [individual with a disability](/usc/42/12210.md?p=a) or any class of individuals with [disabilities](/usc/42/12102.md?p=1) from fully and equally enjoying any goods, services, [facilities](/usc/42/11049.md?p=4), privileges, advantages, or accommodations, unless such criteria can be shown to be necessary for the provision of the goods, services, [facilities](/usc/42/11049.md?p=4), privileges, advantages, or accommodations being offered;
      - (ii) a failure to make reasonable [modifications](/usc/42/7501.md?p=4) in policies, [practices](/usc/42/17061.md?p=19), or procedures, when such [modifications](/usc/42/7501.md?p=4) are necessary to afford such goods, services, [facilities](/usc/42/11049.md?p=4), privileges, advantages, or accommodations to individuals with [disabilities](/usc/42/12102.md?p=1), unless the entity can demonstrate that making such [modifications](/usc/42/7501.md?p=4) would fundamentally alter the nature of such goods, services, [facilities](/usc/42/11049.md?p=4), privileges, advantages, or accommodations;
      - (iii) a failure to take such steps as may be necessary to ensure that no [individual with a disability](/usc/42/12210.md?p=a) is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of [auxiliary aids and services](/usc/42/12103.md?p=1), unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the good, service, [facility](/usc/42/11049.md?p=4), privilege, advantage, or accommodation being offered or would result in an undue burden;
      - (iv) a failure to [remove](/usc/42/9601.md?p=23) architectural barriers, and communication barriers that are structural in nature, in existing [facilities](/usc/42/11049.md?p=4), and transportation barriers in existing [vehicles](/usc/42/12181.md?p=11) and [rail](/usc/42/12181.md?p=8) passenger cars used by an establishment for transporting individuals (not including barriers that can only be removed through the retrofitting of [vehicles](/usc/42/12181.md?p=11) or [rail](/usc/42/12181.md?p=8) passenger cars by the installation of a hydraulic or other lift), where such [removal](/usc/42/9601.md?p=23) is [readily achievable](/usc/42/12181.md?p=9); and
      - (v) where an entity can demonstrate that the [removal](/usc/42/9601.md?p=23) of a barrier under [clause (iv)](#b-2-A-iv) is not [readily achievable](/usc/42/12181.md?p=9), a failure to make such goods, services, [facilities](/usc/42/11049.md?p=4), privileges, advantages, or accommodations available through alternative methods if such methods are [readily achievable](/usc/42/12181.md?p=9).
    - (B) **Fixed route system—**
      - (i) **Accessibility—** It shall be considered discrimination for a [private entity](/usc/42/12181.md?p=6) which operates a [fixed route system](/usc/42/12181.md?p=4) and which is not subject to [section 12184 of this title](/usc/42/12184.md) to purchase or lease a [vehicle](/usc/42/12181.md?p=11) with a seating capacity in excess of 16 passengers (including the driver) for use on such system, for which a solicitation is made after the 30th day following the effective date of this subparagraph, that is not readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs.
      - (ii) **Equivalent service—** If a [private entity](/usc/42/12181.md?p=6) which operates a [fixed route system](/usc/42/12181.md?p=4) and which is not subject to [section 12184 of this title](/usc/42/12184.md) purchases or leases a [vehicle](/usc/42/12181.md?p=11) with a seating capacity of 16 passengers or less (including the driver) for use on such system after the effective date of this subparagraph that is not readily accessible to or usable by individuals with [disabilities](/usc/42/12102.md?p=1), it shall be considered discrimination for such entity to fail to operate such system so that, when viewed in its entirety, such system ensures a level of service to individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, equivalent to the level of service provided to individuals without [disabilities](/usc/42/12102.md?p=1).
    - (C) **Demand responsive system—** For purposes of [subsection (a)](#a), discrimination includes—
      - (i) a failure of a [private entity](/usc/42/12181.md?p=6) which operates a [demand responsive system](/usc/42/12181.md?p=3) and which is not subject to [section 12184 of this title](/usc/42/12184.md) to operate such system so that, when viewed in its entirety, such system ensures a level of service to individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs, equivalent to the level of service provided to individuals without [disabilities](/usc/42/12102.md?p=1); and
      - (ii) the purchase or lease by such entity for use on such system of a [vehicle](/usc/42/12181.md?p=11) with a seating capacity in excess of 16 passengers (including the driver), for which solicitations are made after the 30th day following the effective date of this subparagraph, that is not readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1) (including individuals who use wheelchairs) unless such entity can demonstrate that such system, when viewed in its entirety, provides a level of service to individuals with [disabilities](/usc/42/12102.md?p=1) equivalent to that provided to individuals without [disabilities](/usc/42/12102.md?p=1).
    - (D) **Over-the-road buses—**
      - (i) **Limitation on applicability—** Subparagraphs [(B)](#b-2-B) and [(C)](#b-2-C) do not apply to [over-the-road buses](/usc/42/12181.md?p=5).
      - (ii) **Accessibility requirements—** For purposes of [subsection (a)](#a), discrimination includes (I) the purchase or lease of an [over-the-road bus](/usc/42/12181.md?p=5) which does not comply with the regulations issued under [section 12186(a)(2) of this title](/usc/42/12186.md?p=a-2) by a [private entity](/usc/42/12181.md?p=6) which provides transportation of individuals and which is not primarily engaged in the business of transporting people, and (II) any other failure of such entity to comply with such regulations.
  - (3) **Specific construction—** Nothing in this subchapter shall require an entity to permit an individual to participate in or benefit from the goods, services, [facilities](/usc/42/11049.md?p=4), privileges, advantages and accommodations of such entity where such individual poses a direct threat to the health or safety of others. The term “direct threat” means a significant risk to the health or safety of others that cannot be eliminated by a [modification](/usc/42/7501.md?p=4) of policies, [practices](/usc/42/17061.md?p=19), or procedures or by the provision of auxiliary aids or services.

# §12183. New construction and alterations in public accommodations and commercial facilities

- (a) **Application of term—** Except as provided in [subsection (b)](#b), as applied to public accommodations and [commercial facilities](/usc/42/12181.md?p=2), discrimination for purposes of [section 12182(a) of this title](/usc/42/12182.md?p=a) includes—
  - (1) a failure to design and construct [facilities](/usc/42/11049.md?p=4) for first occupancy later than 30 months after July 26, 1990, that are readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), except where an entity can demonstrate that it is structurally impracticable to meet the requirements of such subsection in accordance with [standards](/usc/42/1320d.md?p=7) set forth or incorporated by reference in regulations issued under this subchapter; and
  - (2) with respect to a [facility](/usc/42/11049.md?p=4) or part thereof that is altered by, on behalf of, or for the use of an establishment in a manner that affects or could affect the usability of the [facility](/usc/42/11049.md?p=4) or part thereof, a failure to make alterations in such a manner that, to the maximum extent feasible, the altered portions of the [facility](/usc/42/11049.md?p=4) are readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs. Where the entity is undertaking an alteration that affects or could affect usability of or access to an area of the [facility](/usc/42/11049.md?p=4) 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](/usc/42/12102.md?p=1) where such alterations 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 determined under criteria established by the [Attorney General](/usc/42/14902.md?p=6)).
- (b) **Elevator—** [Subsection (a)](#a) shall not be construed to require the installation of an elevator for [facilities](/usc/42/11049.md?p=4) that are less than three stories or have less than 3,000 square feet per story unless the [building](/usc/42/6881.md?p=i-3) is a shopping center, a shopping mall, or the professional [office](/usc/42/3058f.md?p=1) of a [health care provider](/usc/42/300jj.md?p=3) or unless the [Attorney General](/usc/42/14902.md?p=6) determines that a particular [category](/usc/42/1395w–4.md?p=j-1) of such [facilities](/usc/42/11049.md?p=4) requires the installation of elevators based on the usage of such [facilities](/usc/42/11049.md?p=4).

# §12184. Prohibition of discrimination in specified public transportation services provided by private entities

- (a) **General rule—** No individual shall be discriminated against on the basis of [disability](/usc/42/12102.md?p=1) in the full and equal enjoyment of [specified public transportation](/usc/42/12181.md?p=10) services provided by a [private entity](/usc/42/12181.md?p=6) that is primarily engaged in the business of transporting people and whose operations affect [commerce](/usc/42/12181.md?p=1).
- (b) **Construction—** For purposes of [subsection (a)](#a), discrimination includes—
  - (1) the imposition or application by a[^1] entity described in [subsection (a)](#a) of eligibility criteria that screen out or tend to screen out an [individual with a disability](/usc/42/12210.md?p=a) or any class of individuals with [disabilities](/usc/42/12102.md?p=1) from fully enjoying the [specified public transportation](/usc/42/12181.md?p=10) services provided by the entity, unless such criteria can be shown to be necessary for the provision of the services being offered;
  - (2) the failure of such entity to—
    - (A) make reasonable [modifications](/usc/42/7501.md?p=4) consistent with those required under [section 12182(b)(2)(A)(ii) of this title](/usc/42/12182.md?p=b-2-A-ii);
    - (B) provide [auxiliary aids and services](/usc/42/12103.md?p=1) consistent with the requirements of [section 12182(b)(2)(A)(iii) of this title](/usc/42/12182.md?p=b-2-A-iii); and
    - (C) [remove](/usc/42/9601.md?p=23) barriers consistent with the requirements of [section 12182(b)(2)(A) of this title](/usc/42/12182.md?p=b-2-A) and with the requirements of [section 12183(a)(2) of this title](/usc/42/12183.md?p=a-2);
  - (3) the purchase or lease by such entity of a new [vehicle](/usc/42/12181.md?p=11) (other than an automobile, a van with a seating capacity of less than 8 passengers, including the driver, or an [over-the-road bus](/usc/42/12181.md?p=5)) which is to be used to provide [specified public transportation](/usc/42/12181.md?p=10) and for which a solicitation is made after the 30th day following the effective date of this section, that is not readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs; except that the new [vehicle](/usc/42/12181.md?p=11) need not be readily accessible to and usable by such individuals if the new [vehicle](/usc/42/12181.md?p=11) is to be used solely in a [demand responsive system](/usc/42/12181.md?p=3) and if the entity can demonstrate that such system, when viewed in its entirety, provides a level of service to such individuals equivalent to the level of service provided to the general public;
  - (4)
    - (A) the purchase or lease by such entity of an [over-the-road bus](/usc/42/12181.md?p=5) which does not comply with the regulations issued under [section 12186(a)(2) of this title](/usc/42/12186.md?p=a-2); and
    - (B) any other failure of such entity to comply 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](/usc/42/12181.md?p=10) 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 usable by individuals with [disabilities](/usc/42/12102.md?p=1), 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 service 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](/usc/42/12181.md?p=8) passenger car that is to be used to provide [specified public transportation](/usc/42/12181.md?p=10), 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](/usc/42/12102.md?p=1), including individuals who use wheelchairs; and
  - (7) the remanufacture by such entity of a [rail](/usc/42/12181.md?p=8) passenger car that is to be used to provide [specified public transportation](/usc/42/12181.md?p=10) so as to extend its usable life for 10 years or more, or the purchase or lease by such entity of such a [rail](/usc/42/12181.md?p=8) car, unless the [rail](/usc/42/12181.md?p=8) car, to the maximum extent feasible, is made readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs.
- (c) **Historical or antiquated cars—**
  - (1) **Exception—** To the extent that compliance with subsection [(b)(2)(C)](#b-2-C) or [(b)(7)](#b-7) would significantly alter the historic or antiquated character of a [historical or antiquated rail passenger car](#c-2), or a [rail](/usc/42/12181.md?p=8) station served exclusively by such cars, or would result in [violation](/usc/42/2000e–16a.md?p=c) of any rule, regulation, [standard](/usc/42/1320d.md?p=7), or order issued by the [Secretary](/usc/42/242q–4.md?p=2) of Transportation under the Federal [Railroad](/usc/42/12181.md?p=8) Safety Act of 1970, such compliance shall not be required.
  - (2) **Definition—** As used in this subsection, the term “historical or antiquated rail passenger car” means a [rail](/usc/42/12181.md?p=8) passenger car—
    - (A) which is not less than 30 years old at the time of its use for transporting individuals;
    - (B) the [manufacturer](/usc/42/300aa–33.md?p=3) of which is no longer in the business of manufacturing [rail](/usc/42/12181.md?p=8) passenger cars; and
    - (C) which—
      - (i) has a consequential association with events or [persons](/usc/42/1320a–7k.md?p=d-4-C-i) significant to the past; or
      - (ii) embodies, or is being restored to embody, the distinctive characteristics of a type of [rail](/usc/42/12181.md?p=8) passenger car used in the past, or to represent a time period which has passed.

# §12185. Study

- (a) **Purposes—** The [Office](/usc/42/3058f.md?p=1) of Technology Assessment shall undertake a study to determine—
  - (1) the access needs of individuals with [disabilities](/usc/42/12102.md?p=1) to [over-the-road buses](/usc/42/12181.md?p=5) and [over-the-road bus](/usc/42/12181.md?p=5) service; and
  - (2) the most [cost-effective](/usc/42/1396e.md?p=e-2) methods for providing access to [over-the-road buses](/usc/42/12181.md?p=5) and [over-the-road bus](/usc/42/12181.md?p=5) service to individuals with [disabilities](/usc/42/12102.md?p=1), particularly individuals who use wheelchairs, through all forms of boarding options.
- (b) **Contents—** The study shall include, at a minimum, an analysis of the following:
  - (1) The anticipated demand by individuals with [disabilities](/usc/42/12102.md?p=1) for accessible [over-the-road buses](/usc/42/12181.md?p=5) and [over-the-road bus](/usc/42/12181.md?p=5) service.
  - (2) The degree to which such buses and service, including any service required under sections [12184(b)(4)](/usc/42/12184.md?p=b-4) and [12186(a)(2)](/usc/42/12186.md?p=a-2) of this title, are readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1).
  - (3) The effectiveness of various methods of providing accessibility to such buses and service to individuals with [disabilities](/usc/42/12102.md?p=1).
  - (4) The cost of providing accessible [over-the-road buses](/usc/42/12181.md?p=5) and bus service to individuals with [disabilities](/usc/42/12102.md?p=1), including consideration of recent technological and cost saving developments in equipment and devices.
  - (5) Possible design changes in [over-the-road buses](/usc/42/12181.md?p=5) that could enhance accessibility, including the installation of accessible restrooms which do not result in a loss of seating capacity.
  - (6) The impact of accessibility requirements on the continuation of [over-the-road bus](/usc/42/12181.md?p=5) service, with particular consideration of the impact of such requirements on such service to rural communities.
- (c) **Advisory committee—** In conducting the study required by [subsection (a)](#a), the [Office](/usc/42/3058f.md?p=1) of Technology Assessment shall establish an [advisory committee](/usc/42/7703.md?p=9), which shall consist of—
  - (1) members selected from among private operators and [manufacturers](/usc/42/300aa–33.md?p=3) of [over-the-road buses](/usc/42/12181.md?p=5);
  - (2) members selected from among individuals with [disabilities](/usc/42/12102.md?p=1), particularly individuals who use wheelchairs, who are potential riders of such buses; and
  - (3) members selected for their technical expertise on issues included in the study, including [manufacturers](/usc/42/300aa–33.md?p=3) of boarding assistance equipment and devices.

  The number of members selected under each of paragraphs [(1)](#c-1) and [(2)](#c-2) shall be equal, and the total number of members selected under paragraphs [(1)](#c-1) and [(2)](#c-2) shall exceed the number of members selected under [paragraph (3)](#c-3).

- (d) **Deadline—** The study required by [subsection (a)](#a), along with recommendations by the [Office](/usc/42/3058f.md?p=1) of Technology 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](/usc/42/12186.md?p=a-2-B) on or before the applicable deadlines specified in [section 12186(a)(2)(B) of this title](/usc/42/12186.md?p=a-2-B) will result in a significant reduction in intercity [over-the-road bus](/usc/42/12181.md?p=5) service, the President shall extend each such deadline by 1 year.
- (e) **Review—** In developing the study required by [subsection (a)](#a), the [Office](/usc/42/3058f.md?p=1) of Technology Assessment shall provide a preliminary draft of such study to the Architectural and Transportation Barriers Compliance [Board](/usc/42/10261.md?p=2) established under [section 792 of title 29](/usc/29/792.md). The [Board](/usc/42/10261.md?p=2) shall have an opportunity to comment on such draft study, and any such comments by the [Board](/usc/42/10261.md?p=2) made in writing within 120 days after the [Board](/usc/42/10261.md?p=2)’s receipt of the draft study shall be incorporated as part of the final study required to be submitted under [subsection (d)](#d).

# §12186. Regulations

- (a) **Transportation provisions—**
  - (1) **General rule—** Not later than 1 year after July 26, 1990, the [Secretary](/usc/42/242q–4.md?p=2) of Transportation shall issue regulations 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](/usc/42/12184.md) (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](/usc/42/242q–4.md?p=2) of Transportation shall issue regulations in an accessible format to carry out sections [12184(b)(4)](/usc/42/12184.md?p=b-4) and [12182(b)(2)(D)(ii)](/usc/42/12182.md?p=b-2-D-ii) of this title that require each [private entity](/usc/42/12181.md?p=6) which uses an [over-the-road bus](/usc/42/12181.md?p=5) 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](/usc/42/12181.md?p=5) in order to provide access to individuals 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)](#a-2-B).
    - (B) **Final requirement—**
      - (i) **Review of study and interim requirements—** The [Secretary](/usc/42/242q–4.md?p=2) shall review the study submitted under [section 12185 of this title](/usc/42/12185.md) and the regulations issued pursuant to [subparagraph (A)](#a-2-A).
      - (ii) **Issuance—** Not later than 1 year after the date of the submission of the study under [section 12185 of this title](/usc/42/12185.md), the [Secretary](/usc/42/242q–4.md?p=2) shall issue in an accessible format new regulations to carry out sections [12184(b)(4)](/usc/42/12184.md?p=b-4) and [12182(b)(2)(D)(ii)](/usc/42/12182.md?p=b-2-D-ii) of this title that require, taking into account the purposes of the study under [section 12185 of this title](/usc/42/12185.md) and any recommendations resulting from such study, each [private entity](/usc/42/12181.md?p=6) which uses an [over-the-road bus](/usc/42/12181.md?p=5) to provide transportation to individuals to provide accessibility to such bus to individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs.
      - (iii) **Effective period—** Subject to [section 12185(d) of this title](/usc/42/12185.md?p=d), the regulations issued pursuant to this subparagraph shall take effect—
        - (I) with respect to small providers of transportation (as defined by the [Secretary](/usc/42/242q–4.md?p=2)), 3 years after the date of issuance of final regulations under [clause (ii)](#a-2-B-ii); and
        - (II) with respect to other providers of transportation, 2 years after the date of issuance of such final regulations.
    - (C) **Limitation on requiring installation of accessible restrooms—** The regulations issued pursuant to this paragraph shall not require the installation of accessible restrooms in [over-the-road buses](/usc/42/12181.md?p=5) if such installation would result in a loss of seating capacity.
  - (3) **Standards—** The regulations issued pursuant to this subsection shall include [standards](/usc/42/1320d.md?p=7) applicable to [facilities](/usc/42/11049.md?p=4) and [vehicles](/usc/42/12181.md?p=11) covered by sections [12182(b)(2)](/usc/42/12182.md?p=b-2) and [12184](/usc/42/12184.md) of this title.
- (b) **Other provisions—** Not later than 1 year after July 26, 1990, the [Attorney General](/usc/42/14902.md?p=6) shall issue regulations in an accessible format to carry out the provisions of this subchapter not referred to in [subsection (a)](#a) that include [standards](/usc/42/1320d.md?p=7) applicable to [facilities](/usc/42/11049.md?p=4) and [vehicles](/usc/42/12181.md?p=11) covered under [section 12182 of this title](/usc/42/12182.md).
- (c) **Consistency with ATBCB guidelines—** [Standards](/usc/42/1320d.md?p=7) included in regulations issued under subsections [(a)](#a) and [(b)](#b) shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance [Board](/usc/42/10261.md?p=2) in accordance with [section 12204 of this title](/usc/42/12204.md).
- (d) **Interim accessibility standards—**
  - (1) **Facilities—** If final regulations have not been issued pursuant to this section, for new [construction](/usc/42/7479.md?p=2-C) or alterations for which a valid and appropriate [State](/usc/42/12103.md?p=2) or local [building](/usc/42/6881.md?p=i-3) permit is obtained prior to the issuance of final regulations under this section, and for which the [construction](/usc/42/7479.md?p=2-C) or alteration authorized by such permit begins within one year of the receipt of such permit and is completed under the terms of such permit, compliance with the Uniform Federal Accessibility [Standards](/usc/42/1320d.md?p=7) in effect at the time the [building](/usc/42/6881.md?p=i-3) permit is issued shall suffice to satisfy the requirement that [facilities](/usc/42/11049.md?p=4) be readily accessible to and usable by [persons](/usc/42/1320a–7k.md?p=d-4-C-i) with [disabilities](/usc/42/12102.md?p=1) as required under [section 12183 of this title](/usc/42/12183.md), except that, if such final regulations have not been issued one year after the Architectural and Transportation Barriers Compliance [Board](/usc/42/10261.md?p=2) has issued the supplemental minimum guidelines required under [section 12204(a) of this title](/usc/42/12204.md?p=a), compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that [facilities](/usc/42/11049.md?p=4) be readily accessible to and usable by [persons](/usc/42/1320a–7k.md?p=d-4-C-i) with [disabilities](/usc/42/12102.md?p=1) prior to issuance of the final regulations.
  - (2) **Vehicles and rail passenger cars—** If final regulations have not been issued pursuant to this section, a [private entity](/usc/42/12181.md?p=6) shall be considered to have complied with the requirements of this subchapter, if any, that a [vehicle](/usc/42/12181.md?p=11) or [rail](/usc/42/12181.md?p=8) passenger car be readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), if the design for such [vehicle](/usc/42/12181.md?p=11) or 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](/usc/42/12204.md?p=a)) governing accessibility of such [vehicles](/usc/42/12181.md?p=11) or cars, to the extent that such laws and regulations are not inconsistent with this subchapter and are in effect at the time such design is substantially completed.

# §12187. Exemptions for private clubs and religious organizations


The provisions of this subchapter shall not apply to private clubs or establishments exempted from coverage under title II of the Civil Rights Act of 1964 ([42 U.S.C. 2000](https://uscode.house.gov/view.xhtml?req=(/us/usc/t42/s2000))–a(e)) [[42 U.S.C. 2000a](/usc/42/2000a.md) et seq.] or to religious organizations or entities controlled by religious organizations, including places of worship.


# §12188. Enforcement

- (a) **In general—**
  - (1) **Availability of remedies and procedures—** The remedies and procedures set forth in [section 2000a–3(a) of this title](/usc/42/2000a–3.md?p=a) are the remedies and procedures this subchapter provides to any [person](/usc/42/1320a–7k.md?p=d-4-C-i) who is being subjected to discrimination on the basis of [disability](/usc/42/12102.md?p=1) in [violation](/usc/42/2000e–16a.md?p=c) of this subchapter or who has reasonable grounds for believing that such [person](/usc/42/1320a–7k.md?p=d-4-C-i) is about to be subjected to discrimination in [violation](/usc/42/2000e–16a.md?p=c) of [section 12183 of this title](/usc/42/12183.md). Nothing in this section shall require a [person](/usc/42/1320a–7k.md?p=d-4-C-i) with a [disability](/usc/42/12102.md?p=1) to engage in a futile gesture if such [person](/usc/42/1320a–7k.md?p=d-4-C-i) has actual notice that a [person](/usc/42/1320a–7k.md?p=d-4-C-i) or organization covered by this subchapter does not intend to comply with its provisions.
  - (2) **Injunctive relief—** In the case of [violations](/usc/42/2000e–16a.md?p=c) of [sections 12182(b)(2)(A)(iv)](/usc/42/12182.md?p=b-2-A-iv) and section[^1] 12183(a) of this title, injunctive relief shall include an order to alter [facilities](/usc/42/11049.md?p=4) to make such [facilities](/usc/42/11049.md?p=4) readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1) to the extent required by this subchapter. Where appropriate, injunctive relief shall also include requiring the provision of an auxiliary aid or service, [modification](/usc/42/7501.md?p=4) of a policy, or provision of alternative methods, to the extent required by this subchapter.
- (b) **Enforcement by Attorney General—**
  - (1) **Denial of rights—**
    - (A) **Duty to investigate—**
      - (i) **In general—** The [Attorney General](/usc/42/14902.md?p=6) shall investigate alleged [violations](/usc/42/2000e–16a.md?p=c) of this subchapter, and shall undertake periodic reviews of compliance of covered entities under this subchapter.
      - (ii) **Attorney General certification—** On the application of a [State](/usc/42/12103.md?p=2) or [local government](/usc/42/8401a.md), the [Attorney General](/usc/42/14902.md?p=6) may, in consultation with the Architectural and Transportation Barriers Compliance [Board](/usc/42/10261.md?p=2), and after prior notice and a public hearing at which [persons](/usc/42/1320a–7k.md?p=d-4-C-i), including individuals with [disabilities](/usc/42/12102.md?p=1), are provided an opportunity to testify against such certification, certify that a [State](/usc/42/12103.md?p=2) law or local building code or similar ordinance that establishes accessibility requirements meets or exceeds the minimum requirements of this chapter for the accessibility and usability of covered [facilities](/usc/42/11049.md?p=4) under this subchapter. At any enforcement proceeding under this section, such certification by the [Attorney General](/usc/42/14902.md?p=6) shall be rebuttable evidence that such [State](/usc/42/12103.md?p=2) law or local ordinance does meet or exceed the minimum requirements of this chapter.
    - (B) **Potential violation—** If the [Attorney General](/usc/42/14902.md?p=6) has reasonable [cause](/usc/42/9908.md?p=c-2) to believe that—
      - (i) any [person](/usc/42/1320a–7k.md?p=d-4-C-i) or group of [persons](/usc/42/1320a–7k.md?p=d-4-C-i) is engaged in a pattern or practice of discrimination under this subchapter; or
      - (ii) any [person](/usc/42/1320a–7k.md?p=d-4-C-i) or group of [persons](/usc/42/1320a–7k.md?p=d-4-C-i) has been discriminated against under this subchapter and such discrimination raises an issue of general public importance,

      the [Attorney General](/usc/42/14902.md?p=6) may commence a civil action in any appropriate [United States](/usc/42/403.md?p=k) district court.

  - (2) **Authority of court—** In a civil action under [paragraph (1)(B)](#b-1-B), the court—
    - (A) may grant any equitable relief that such court considers to be appropriate, including, to the extent required by this subchapter—
      - (i) granting temporary, preliminary, or permanent relief;
      - (ii) providing an auxiliary aid or service, [modification](/usc/42/7501.md?p=4) of policy, practice, or procedure, or alternative method; and
      - (iii) making [facilities](/usc/42/11049.md?p=4) readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1);
    - (B) may award [such other relief](#b-4) as the court considers to be appropriate, including [monetary damages](#b-4) to [persons](/usc/42/1320a–7k.md?p=d-4-C-i) aggrieved when requested by the [Attorney General](/usc/42/14902.md?p=6); and
    - (C) may, to vindicate the public interest, assess a civil penalty against the entity in an amount—
      - (i) not exceeding $50,000 for a first [violation](/usc/42/2000e–16a.md?p=c); and
      - (ii) not exceeding $100,000 for any subsequent [violation](/usc/42/2000e–16a.md?p=c).
  - (3) **Single violation—** For purposes of [paragraph (2)(C)](#b-2-C), in determining whether a first or subsequent [violation](/usc/42/2000e–16a.md?p=c) has occurred, a determination in a [single](/usc/42/2304.md?p=m) action, by judgment or settlement, that the covered entity has engaged in more than one discriminatory act shall be counted as a [single](/usc/42/2304.md?p=m) [violation](/usc/42/2000e–16a.md?p=c).
  - (4) **Punitive damages—** For purposes of [subsection (b)(2)(B)](#b-2-B), the term “monetary damages” and “such other relief” does not include punitive [damages](/usc/42/9601.md?p=6).
  - (5) **Judicial consideration—** In a civil action under [paragraph (1)(B)](#b-1-B), the court, when considering what amount of civil penalty, if any, is appropriate, shall give consideration to any good faith effort or attempt to comply with this chapter by the entity. In evaluating good faith, the court shall consider, among other factors it deems relevant, whether the entity could have reasonably anticipated the need for an appropriate type of auxiliary aid needed to accommodate the unique needs of a particular [individual with a disability](/usc/42/12210.md?p=a).

# §12189. Examinations and courses


Any [person](/usc/42/1320a–7k.md?p=d-4-C-i) that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes shall offer such examinations or courses in a place and manner accessible to [persons](/usc/42/1320a–7k.md?p=d-4-C-i) with [disabilities](/usc/42/12102.md?p=1) or offer alternative accessible arrangements for such individuals.