---
kind: "section"
citation: "42 U.S.C. § 12145"
title: "42"
title_heading: "The Public Health and Welfare"
number: "12145"
heading: "Temporary relief where lifts are unavailable"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/12145"
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"
---

# §12145. Temporary relief where lifts are unavailable

- (a) **Granting—** With respect to the purchase of new buses, a public entity may apply for, and the [Secretary](/usc/42/12141.md?p=6) may temporarily relieve such public entity 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 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 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 of hydraulic, electromechanical, or other lifts for such new buses;
  - (3) that the public entity seeking temporary relief has made good faith efforts to locate a qualified manufacturer to supply the lifts to the manufacturer of such buses in sufficient time to comply with such solicitation; and
  - (4) that any further delay in purchasing new buses necessary to obtain such lifts would significantly impair transportation services in the community served by the public entity.
- (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 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.

## Source credit

(Pub. L. 101–336, title II, § 225, July 26, 1990, 104 Stat. 343.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective July 26, 1990, see section 231(b) of Pub. L. 101–336, set out as a note under section 12141 of this title.