42 U.S.C. § 12145 — Temporary relief where lifts are unavailable

submitted 36 years ago by Pub. L. 101-336 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 263 words · no verdicts yet

in plain englishAI-generated · not legal advice

A transit agency can get temporary relief from the accessible-bus rule if lifts simply aren't available from any manufacturer despite a good-faith search. Any relief granted has a fixed end date and must be reported to Congress. The Secretary must cancel relief obtained by fraud.

(a) Granting. For buying new buses, a public entity may apply for, and the Secretary may grant, temporary relief from the accessible-bus requirement in section 12142(a) or 12144, if the entity shows (1) its original bus solicitation specified that all new buses would be lift-equipped and otherwise accessible; (2) no qualified manufacturer can supply hydraulic, electromechanical, or other lifts for those buses; (3) it made good faith efforts to find a qualified lift manufacturer in time to meet the solicitation; and (4) any further delay to get such lifts would significantly impair transportation service in its community. (b) Duration and notice to Congress. Any relief granted under (a) must be limited by a specified end date, and the relevant congressional committees must be notified of the relief. (c) Fraudulent application. If the Secretary has reasonable cause to believe relief under (a) was obtained by fraud, the Secretary must (1) cancel the relief if it is still in effect, and (2) take whatever other action the Secretary considers appropriate.

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

(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

Any relief granted under subsection (a) shall be limited in duration by a specified date, and the appropriate committees of Congress shall be notified of any such relief granted.

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.

Source credit: (Pub. L. 101–336, title II, § 225, July 26, 1990, 104 Stat. 343.)

history & why it existsrecord from the source credit

1990Enacted · Pub. L. 101-336 · 104 Stat. 343

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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