Collapse to view only § 12146. New facilities
- § 12141. Definitions
- § 12142. Public entities operating fixed route systems
- § 12143. Paratransit as a complement to fixed route service
- § 12144. Public entity operating a demand responsive system
- § 12145. Temporary relief where lifts are unavailable
- § 12146. New facilities
- § 12147. Alterations of existing facilities
- § 12148. Public transportation programs and activities in existing facilities and one car per train rule
- § 12149. Regulations
- § 12150. Interim accessibility requirements
§ 12141. Definitions
As used in this subpart:
(1) Demand responsive system
(2) Designated public transportation
(3) Fixed route system
(4) Operates
(5) Public school transportation
(6) Secretary
(Pub. L. 101–336, title II, § 221, July 26, 1990, 104 Stat. 338.)
§ 12142. Public entities operating fixed route systems
(a) Purchase and lease of new vehicles
(b) Purchase and lease of used vehicles
(c) Remanufactured vehicles
(1) General rule
Except as provided in paragraph (2), it shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a public entity which operates a fixed route system—
(A) to remanufacture a vehicle for use on such system so as to extend its usable life 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, including individuals who use wheelchairs.
(2) Exception for historic vehicles
(A) General rule
(B) Vehicles of historic character defined by regulations
(Pub. L. 101–336, title II, § 222, July 26, 1990, 104 Stat. 339.)
§ 12143. Paratransit as a complement to fixed route service
(a) General rule
(b) Issuance of regulations
(c) Required contents of regulations
(1) Eligible recipients of service
The regulations issued under this section shall require each public entity which operates a fixed route system to provide the paratransit and other special transportation services required under this section—
(A)
(i) to any individual with a disability 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;
(ii) to any individual with a disability 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 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 on the route; and
(iii) to any individual with a disability 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; and
(C) to other individuals, in addition to the one individual described in subparagraph (B), accompanying the individual with a disability provided that space for these additional individuals is available on the paratransit vehicle carrying the individual with a disability and that the transportation of such additional individuals will not result in a denial of service to individuals with disabilities.
For purposes of clauses (i) and (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
(3) Service criteria
(4) Undue financial burden limitation
(5) Additional services
(6) Public participation
(7) Plans
The regulations issued under this section shall require that each public entity which operates a fixed route system—
(A) within 18 months after July 26, 1990, submit to the Secretary, 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, 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 under this section identify in the plan any person or other public entity which is providing a paratransit or other special transportation service for individuals with disabilities 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.
(9) Other provisions
(d) Review of plan
(1) General rule
(2) Disapproval
(3) Modification of disapproved plan
(e) “Discrimination” defined
As used in subsection (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) and (c)(7);
(2) a failure of such entity to submit, or commence implementation of, a modified plan in accordance with subsection (d)(3);
(3) submission to the Secretary of a modified plan under subsection (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 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.
(Pub. L. 101–336, title II, § 223, July 26, 1990, 104 Stat. 340.)
§ 12144. Public entity operating a demand responsive system
If a public entity operates a demand responsive system, it shall be considered discrimination, for purposes of section 12132 of this title and section 794 of title 29, 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, 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.
(Pub. L. 101–336, title II, § 224, July 26, 1990, 104 Stat. 342.)
§ 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 may temporarily relieve such public entity from the obligation under section 12142(a) or 12144 of this title to purchase new buses that are readily accessible to and usable by individuals with disabilities if such public entity demonstrates to the satisfaction of the Secretary—
(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;
(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
(c) Fraudulent application
If, at any time, the Secretary has reasonable cause to believe that any relief granted under subsection (a) was fraudulently applied for, the Secretary shall—
(1) cancel such relief if such relief is still in effect; and
(2) take such other action as the Secretary considers appropriate.
(Pub. L. 101–336, title II, § 225, July 26, 1990, 104 Stat. 343.)
§ 12146. New facilities
For purposes of section 12132 of this title and section 794 of title 29, it shall be considered discrimination for a public entity to construct a new facility to be used in the provision of designated public transportation services unless such facility is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.
(Pub. L. 101–336, title II, § 226, July 26, 1990, 104 Stat. 343.)
§ 12147. Alterations of existing facilities
(a) General rule
(b) Special rule for stations
(1) General rule
(2) Rapid rail and light rail key stations
(A) Accessibility
(B) Extension for extraordinarily expensive structural changes
(3) Plans and milestones
The Secretary shall require the appropriate public entity to develop and submit to the Secretary a plan for compliance with this subsection—
(A) that reflects consultation with individuals with disabilities 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.
(Pub. L. 101–336, title II, § 227, July 26, 1990, 104 Stat. 343.)
§ 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
(2) Exception
(3) Utilization
(b) One car per train rule
(1) General rule
(2) Historic trains
(Pub. L. 101–336, title II, § 228, July 26, 1990, 104 Stat. 344.)
§ 12149. Regulations
(a) In general
(b) Standards
(Pub. L. 101–336, title II, § 229, July 26, 1990, 104 Stat. 345.)
§ 12150. Interim accessibility requirements
If final regulations have not been issued pursuant to section 12149 of this title, for new construction or alterations for which a valid and appropriate State or local building permit is obtained prior to the issuance of final regulations under such section, and for which the construction 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 in effect at the time the building permit is issued shall suffice to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities as required under sections 12146 and 12147 of this title, except that, if such final regulations have not been issued one year after the Architectural and Transportation Barriers Compliance Board has issued the supplemental minimum guidelines required under section 12204(a) of this title, compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations.
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