42 U.S.C. § 12143 — Paratransit as a complement to fixed route service

submitted 36 years ago by Pub. L. 101-336 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,296 words · no verdicts yet

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Transit agencies running fixed bus or rail routes must also provide paratransit service to riders with disabilities, at a level comparable to their regular service. Agencies must submit and update yearly compliance plans, though an undue financial burden can limit what's required. Failing to submit or follow the plan counts as discrimination.

(a) General rule. For purposes of section 12132 and section 794 of title 29, it counts as discrimination for a public entity operating a fixed route system — other than one providing only commuter bus service — to fail to provide paratransit and other special transportation services to individuals with disabilities, including individuals who use wheelchairs, at a level (1) comparable to the fixed-route service provided to individuals without disabilities, or (2) for response time, comparable as much as practical to that fixed-route service. (b) Issuance of regulations. The Secretary had to issue final regulations to carry out this section within 1 year after July 26, 1990. (c) Required contents of regulations. The regulations must (1) require each such entity to provide paratransit and special transportation to: individuals whose physical or mental impairment, including vision impairment, keeps them from boarding, riding, or leaving an accessible vehicle without another person's help other than a lift operator; individuals who need a wheelchair lift or similar device (and can manage with it) to board, ride, and leave an accessible vehicle, if they want to travel a route at a time when no accessible vehicle is running it; and individuals whose specific impairment stops them from getting to or from a boarding or drop-off point — plus one companion, and further companions if there is room and it won't deny service to individuals with disabilities. (2) They must require these services throughout each entity's service area, except where the entity provides only commuter bus service. (3) Subject to (1) and (2), they must set minimum service criteria for the required service level. (4) If an entity proves to the Secretary that providing the otherwise-required services would be an undue financial burden, the entity — except as (5) requires — only has to provide services up to the point that doesn't create that burden. (5) They must set out when the Secretary can still require more service than the (4) burden limit would otherwise allow. (6) They must require each entity to hold a public hearing, take public comments, and consult individuals with disabilities while preparing its plan under (7). (7) They must require each entity to submit and start carrying out a compliance plan within 18 months after July 26, 1990, and to submit and start carrying out an updated plan every year after that. (8) They must require an entity's plan to name any other person or public entity already providing paratransit or special transportation for individuals with disabilities in that area, and let the entity skip providing that service itself if someone else already does. (9) They may include whatever else the Secretary decides is needed to meet this section's goals. (d) Review of plan. (1) The Secretary must review each submitted plan to see if it meets this section's requirements, including the regulations. (2) If a plan fails, the Secretary must disapprove it and tell the entity why. (3) The entity then has 90 days from disapproval to submit, and start carrying out, a modified plan that meets the requirements. (e) "Discrimination" defined. Under (a), "discrimination" includes failing to submit or start carrying out a plan under (c)(6) and (c)(7); failing to submit or start carrying out a modified plan under (d)(3); submitting a modified plan under (d)(3) that still fails to meet the requirements; or failing to actually provide the paratransit or special transportation described in the entity's submitted or modified plan. (f) Statutory construction. Nothing here stops a public entity from providing more paratransit or special transportation than required, providing it in addition to what's required, or providing it to more individuals than required.

the actual law source: uscode.house.gov ↗public domain

(a) General rule

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 (other than a system which provides solely commuter bus service) to fail to provide with respect to the operations of its fixed route system, in accordance with this section, paratransit and other special transportation services to individuals with disabilities, including individuals who use wheelchairs, that are sufficient to provide to such individuals a level of service (1) which is comparable to the level of designated public transportation services provided to individuals without disabilities using such system; or (2) in the case of response time, which is comparable, to the extent practicable, to the level of designated public transportation services provided to individuals without disabilities using such system.

(b) Issuance of regulations

Not later than 1 year after July 26, 1990, the Secretary shall issue final regulations to carry out this section.

(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

The regulations issued under this section shall require the provision of paratransit and special transportation services required under this section in the service area of each public entity which operates a fixed route system, other than any portion of the service area in which the public entity solely provides commuter bus service.

(3) Service criteria

Subject to paragraphs (1) and (2), the regulations issued under this section shall establish minimum service criteria for determining the level of services to be required under this section.

(4) Undue financial burden limitation

The regulations issued under this section shall provide that, if the public entity is able to demonstrate to the satisfaction of the Secretary that the provision of paratransit and other special transportation services otherwise required under this section would impose an undue financial burden on the public entity, the public entity, notwithstanding any other provision of this section (other than paragraph (5)), shall only be required to provide such services to the extent that providing such services would not impose such a burden.

(5) Additional services

The regulations issued under this section shall establish circumstances under which the Secretary may require a public entity to provide, notwithstanding paragraph (4), paratransit and other special transportation services under this section beyond the level of paratransit and other special transportation services which would otherwise be required under paragraph (4).

(6) Public participation

The regulations issued under this section shall require that each public entity which operates a fixed route system hold a public hearing, provide an opportunity for public comment, and consult with individuals with disabilities in preparing its plan under paragraph (7).

(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

The regulations issued under this section shall include such other provisions and requirements as the Secretary determines are necessary to carry out the objectives of this section.

(d) Review of plan

(1) General rule

The Secretary shall review a plan submitted under this section for the purpose of determining whether or not such plan meets the requirements of this section, including the regulations issued under this section.

(2) Disapproval

If the Secretary determines that a plan reviewed under this subsection fails to meet the requirements of this section, the Secretary shall disapprove the plan and notify the public entity which submitted the plan of such disapproval and the reasons therefor.

(3) Modification of disapproved plan

Not later than 90 days after the date of disapproval of a plan under this subsection, the public entity which submitted the plan shall modify the plan to meet the requirements of this section and shall submit to the Secretary, and commence implementation of, such modified 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.

Source credit: (Pub. L. 101–336, title II, § 223, July 26, 1990, 104 Stat. 340.)

history & why it existsrecord from the source credit

1990Enacted · Pub. L. 101-336 · 104 Stat. 340

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-336 on 1990-07-26.

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