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42 U.S.C. § 12142Public entities operating fixed route systems

submitted 36 years ago by Pub. L. 101-336 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 505 words · no verdicts yet

in plain englishAI-generated · not legal advice

Public transit agencies commit discrimination if they buy or lease new buses or rail cars, after July 26, 1990, that aren't accessible to people with disabilities. The same applies to used and remanufactured vehicles, with a good-faith-effort standard for used ones. Historic vehicles on registered historic rail segments get a narrow exception.

(a) Purchase and lease of new vehicles. For purposes of section 12132 and section 794 of title 29, it counts as discrimination for a public entity that operates a fixed route system to buy or lease a new bus, rapid rail vehicle, light rail vehicle, or other new vehicle for that system — if the solicitation happens more than 30 days after July 26, 1990 — unless the vehicle is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. (b) Purchase and lease of used vehicles. Subject to (c)(1), it counts as discrimination for such an entity to buy or lease a used vehicle for that system after that 30-day mark, unless the entity makes demonstrated good faith efforts to find a used vehicle that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. (c) Remanufactured vehicles. (1) Except as (2) allows, it counts as discrimination for such an entity to remanufacture a vehicle for that system in a way that extends its usable life by 5 years or more, where the remanufacturing — or its solicitation — begins after that 30-day mark, or to buy or lease, during that extended-life period and after that mark, a vehicle already remanufactured that way — unless, after remanufacturing, the vehicle is, to the maximum extent feasible, readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. (2) If a public entity's fixed route system includes a segment on the National Register of Historic Places, and making a historic vehicle used only on that segment accessible would significantly alter its historic character, the entity only has to make — or buy or lease with — the modifications needed to meet (1) that do not significantly alter the vehicle's historic character. Regulations issued by the Secretary define what counts as a vehicle of historic character for this purpose and for section 12148(b).
the actual law source: uscode.house.gov ↗public domain
(a) Purchase and lease of new vehicles

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 to purchase or lease a new bus, a new rapid rail vehicle, a new light rail vehicle, or any other new vehicle to be used on such system, if the solicitation for such purchase or lease is made after the 30th day following July 26, 1990, and if such bus, rail vehicle, or other vehicle is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.

(b) Purchase and lease of used vehicles

Subject to subsection (c)(1), 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 to purchase or lease, after the 30th day following July 26, 1990, a used vehicle for use on such system unless such entity makes demonstrated good faith efforts to purchase or lease a used vehicle for use on such system that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.

(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

If a public entity operates a fixed route system any segment of which is included on the National Register of Historic Places and if making a vehicle of historic character to be used solely on such segment readily accessible to and usable by individuals with disabilities would significantly alter the historic character of such vehicle, the public entity only has to make (or to purchase or lease a remanufactured vehicle with) those modifications which are necessary to meet the requirements of paragraph (1) and which do not significantly alter the historic character of such vehicle.

(B) Vehicles of historic character defined by regulations

For purposes of this paragraph and section 12148(b) of this title, a vehicle of historic character shall be defined by the regulations issued by the Secretary to carry out this subsection.

Source credit: (Pub. L. 101–336, title II, § 222, July 26, 1990, 104 Stat. 339.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-336 · 104 Stat. 339

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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