42 U.S.C. § 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 in the full and equal enjoyment of specified public transportation services provided by a private entity that is primarily engaged in the business of transporting people and whose operations affect commerce.

(b)

Construction

For purposes of subsection (a), discrimination includes—

(1)

1 So in original. Probably should be “an”.

the imposition or application by a  entity described in subsection (a) of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully enjoying the specified public transportation 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)

section 12182(b)(2)(A)(ii) of this title make reasonable modifications consistent with those required under ;

(B)

section 12182(b)(2)(A)(iii) of this title provide auxiliary aids and services consistent with the requirements of ; and

(C)

section 12182(b)(2)(A) of this title section 12183(a)(2) of this title remove barriers consistent with the requirements of and with the requirements of ;

(3)

the purchase or lease by such entity of a new vehicle (other than an automobile, a van with a seating capacity of less than 8 passengers, including the driver, or an over-the-road bus) which is to be used to provide specified public transportation 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, including individuals who use wheelchairs; except that the new vehicle need not be readily accessible to and usable by such individuals if the new vehicle is to be used solely in a demand responsive system 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)

section 12186(a)(2) of this title the purchase or lease by such entity of an over-the-road bus which does not comply with the regulations issued under ; and

(B)

2 So in original. The word “and” probably should not appear.

any other failure of such entity to comply with such regulations; and 

(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 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, 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 passenger car that is to be used to provide specified public transportation, 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, including individuals who use wheelchairs; and

(7)

the remanufacture by such entity of a rail passenger car that is to be used to provide specified public transportation so as to extend its usable life for 10 years or more, or the purchase or lease by such entity of such a rail car, unless the rail car, to the maximum extent feasible, is made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.

(c)

Historical or antiquated cars

(1)

Exception

To the extent that compliance with subsection (b)(2)(C) or (b)(7) would significantly alter the historic or antiquated character of a historical or antiquated rail passenger car, or a rail station served exclusively by such cars, or would result in violation of any rule, regulation, standard, or order issued by the Secretary of Transportation under the Federal Railroad 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 passenger car—

(A)

which is not less than 30 years old at the time of its use for transporting individuals;

(B)

the manufacturer of which is no longer in the business of manufacturing rail passenger cars; and

(C)

which—

(i)

has a consequential association with events or persons significant to the past; or

(ii)

embodies, or is being restored to embody, the distinctive characteristics of a type of rail passenger car used in the past, or to represent a time period which has passed.

Pub. L. 101–336, title III, § 304July 26, 1990104 Stat. 359(, , .)

Editorial Notes

References in Text

section 310 of Pub. L. 101–336 section 12181 of this titleFor the effective date of this section, referred to in subsec. (b)(3), (5), see , set out as an Effective Date note under .

July 26, 1990section 310(a) of Pub. L. 101–336 section 12181 of this titleThe effective date of this paragraph, referred to in subsec. (b)(6), is 18 months after , see , set out as an Effective Date note under .

Pub. L. 91–458Oct. 16, 197084 Stat. 971 section 5109(c) of Title 5 section 54a of Title 45 section 20103 of Title 49 Pub. L. 103–272July 5, 1994108 Stat. 862The Federal Railroad Safety Act of 1970, referred to in subsec. (c)(1), is title II of , , , which was classified generally to subchapter II (§ 431 et seq.) of chapter 13 of Title 45, Railroads, and was repealed and reenacted in , Government Organization and Employees, , Railroads, chapter 201 and sections 21301, 21302, 21304, 21311, 24902, and 24905 of Title 49, Transportation, and provisions set out as a note under by , §§ 1(e), 4(b)(1), (i), (t), 7(b), , , 891, 893, 930, 935, 1361, 1365, 1372, 1379, the first section of which enacted subtitles II, III, and V to X of Title 49.

Statutory Notes and Related Subsidiaries

Effective Date

July 26, 1990July 26, 1990Pub. L. 101–336 section 12181 of this titleSection effective 18 months after , but with subsec. (a) of this section (for purposes of subsec. (b)(3) only) and subsec. (b)(3) of this section effective , see section 310(a), (c) of , set out as a note under .