Transportation provisions
General rule
1
Special rules for providing access to over-the-road buses
Interim requirements
Issuance
Not later than 1 year after , the Secretary of Transportation shall issue regulations in an accessible format to carry out sections 12184(b)(4) and 12182(b)(2)(D)(ii) of this title that require each private entity which uses an over-the-road bus to provide transportation of individuals to provide accessibility to such bus; except that such regulations shall not require any structural changes in over-the-road buses in order to provide access to individuals who use wheelchairs during the effective period of such regulations and shall not require the purchase of boarding assistance devices to provide access to such individuals.
Effective period
The regulations issued pursuant to this subparagraph shall be effective until the effective date of the regulations issued under subparagraph (B).
Final requirement
Review of study and interim requirements
section 12185 of this titleThe Secretary shall review the study submitted under and the regulations issued pursuant to subparagraph (A).
Issuance
section 12185 of this titlesection 12185 of this titleNot later than 1 year after the date of the submission of the study under , the Secretary shall issue in an accessible format new regulations to carry out sections 12184(b)(4) and 12182(b)(2)(D)(ii) of this title that require, taking into account the purposes of the study under and any recommendations resulting from such study, each private entity which uses an over-the-road bus to provide transportation to individuals to provide accessibility to such bus to individuals with disabilities, including individuals who use wheelchairs.
Effective period
Limitation on requiring installation of accessible restrooms
The regulations issued pursuant to this paragraph shall not require the installation of accessible restrooms in over-the-road buses if such installation would result in a loss of seating capacity.
Standards
The regulations issued pursuant to this subsection shall include standards applicable to facilities and vehicles covered by sections 12182(b)(2) and 12184 of this title.
Other provisions
section 12182 of this titleNot later than 1 year after , the Attorney General shall issue regulations in an accessible format to carry out the provisions of this subchapter not referred to in subsection (a) that include standards applicable to facilities and vehicles covered under .
Consistency with ATBCB guidelines
section 12204 of this titleStandards included in regulations issued under subsections (a) and (b) shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with .
Interim accessibility standards
Facilities
section 12183 of this titlesection 12204(a) of this titleIf final regulations have not been issued pursuant to this section, 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 this 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 , 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 , 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.
Vehicles and rail passenger cars
section 12204(a) of this titleIf final regulations have not been issued pursuant to this section, a private entity shall be considered to have complied with the requirements of this subchapter, if any, that a vehicle or rail passenger car be readily accessible to and usable by individuals with disabilities, if the design for such vehicle or car complies with the laws and regulations (including the Minimum Guidelines and Requirements for Accessible Design and such supplemental minimum guidelines as are issued under ) governing accessibility of such vehicles or cars, to the extent that such laws and regulations are not inconsistent with this subchapter and are in effect at the time such design is substantially completed.
Pub. L. 101–336, title III, § 306104 Stat. 361Pub. L. 104–59, title III, § 341109 Stat. 608(, , ; , , .)
Editorial Notes
Amendments
Pub. L. 104–591995—Subsec. (a)(2)(B)(iii). substituted “3 years after the date of issuance of final regulations under clause (ii)” for “7 years after ” in subcl. (I) and “2 years after the date of issuance of such final regulations” for “6 years after ” in subcl. (II).
Statutory Notes and Related Subsidiaries
Effective Date
section 310(c) of Pub. L. 101–336section 12181 of this titleSection effective , see , set out as a note under .