---
kind: "section"
citation: "42 U.S.C. § 12162"
title: "42"
title_heading: "The Public Health and Welfare"
number: "12162"
heading: "Intercity and commuter rail actions considered discriminatory"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/12162"
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 ii — public transportation by intercity and commuter rail"
---

# §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/42/12111.md?p=7) 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/42/12111.md?p=7) 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/42/12141.md?p=6) 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-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-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/42/12111.md?p=7) who provides [intercity rail transportation](/usc/42/12161.md?p=3) to fail to have on each train which includes one or more single-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-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-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-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-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-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-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-level dining car is used to provide food service—
      - (i) if such single-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/42/12111.md?p=7) 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/42/12111.md?p=7) 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/42/12111.md?p=7) 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/42/12141.md?p=6) 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/42/12111.md?p=7) 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/42/12111.md?p=7) 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/42/12141.md?p=6) 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/42/12111.md?p=7) 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/42/12141.md?p=6) 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/42/12111.md?p=7) 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/42/12111.md?p=7) 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/42/12141.md?p=6) 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/42/12141.md?p=6) 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/42/12141.md?p=6) 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/42/12141.md?p=6) of Transportation shall require the appropriate [person](/usc/42/12111.md?p=7) 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/42/12111.md?p=7) 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/42/12111.md?p=7) 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).
    - (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/42/12111.md?p=7) 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/42/12111.md?p=7) 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 of discrimination under this chapter.

## Source credit

(Pub. L. 101–336, title II, § 242, July 26, 1990, 104 Stat. 347.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsec. (e)(2)(C), was in the original “this Act”, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective July 26, 1990, see section 246(b) of Pub. L. 101–336, set out as a note under section 12161 of this title.