---
kind: "section"
citation: "42 U.S.C. § 12143"
title: "42"
title_heading: "The Public Health and Welfare"
number: "12143"
heading: "Paratransit as a complement to fixed route service"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/12143"
units:
  - "Chapter 126 — Equal Opportunity for Individuals with Disabilities"
  - "Subchapter II — Public Services"
  - "Part B — Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory"
  - "Subpart i — public transportation other than by aircraft or certain rail operations"
---

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

- (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 public entity 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 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/42/12102.md?p=1) 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, 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/42/12102.md?p=1) who needs the assistance of a wheelchair lift or other boarding assistance device (and is able with such assistance) to board, 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/42/12102.md?p=1) 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/42/12102.md?p=1) provided that space for these additional individuals is available on the paratransit vehicle carrying the individual with a [disability](/usc/42/12102.md?p=1) 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 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 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 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, the public entity, 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 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 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 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 submitting a plan to the [Secretary](/usc/42/12141.md?p=6) under this section identify in the plan any [person](/usc/42/12111.md?p=7) or other public entity 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 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 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 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 plan.
- (e) **“Discrimination” defined—** As used in [subsection (a)](#a), the term “discrimination” includes—
  - (1) a failure of a public entity to which the regulations issued under this section apply to submit, or commence implementation of, a plan in accordance with subsections [(c)(6)](#c-6) and [(c)(7)](#c-7);
  - (2) a failure of such entity to submit, or commence implementation of, a modified plan in accordance with [subsection (d)(3)](#d-3);
  - (3) submission to the [Secretary](/usc/42/12141.md?p=6) of a modified 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 plan the public entity 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—
  - (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.

## Source credit

(Pub. L. 101–336, title II, § 223, July 26, 1990, 104 Stat. 340.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Subsec. (a) of this section effective 18 months after July 26, 1990, and subsecs. (b) to (f) of this section effective July 26, 1990, see section 231 of Pub. L. 101–336, set out as a note under section 12141 of this title.

### Paratransit System Under FTA Approved Coordinated Plan

Pub. L. 114–94, div. A, title III, § 3023, Dec. 4, 2015, 129 Stat. 1494, provided that: “Notwithstanding the provisions of section 37.131(c) of title 49, Code of Federal Regulations, any paratransit system currently coordinating complementary paratransit service for more than 40 fixed route agencies shall be permitted to continue using an existing tiered, distance-based coordinated paratransit fare system, if the fare for the existing tiered, distance-based coordinated paratransit fare system is not increased by a greater percentage than any increase to the fixed route fare for the largest transit agency in the complementary paratransit service area.”