42 U.S.C. § 12162 — Intercity and commuter rail actions considered discriminatory
submitted 36 years ago by Pub. L. 101-336 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 2,458 words · no verdicts yet
This law lists rail-industry actions that count as disability discrimination under the ADA. It covers new and used rail cars, station construction, and accessibility deadlines for intercity and commuter railroads. Rules differ for single-level and bi-level cars, and for existing versus new stations.
(a) Intercity rail transportation*. Every intercity train needs at least one accessible passenger car, a rule that had to be met within 5 years of July 26, 1990. New rail cars ordered more than 30 days after that date must generally be accessible, including for wheelchair users -- but there are special rules by car type. Single-level coaches must let a wheelchair user get in, have space to park and secure a wheelchair, have a seat someone in a wheelchair can transfer to (with space to fold and store the chair), and -- only as required under paragraph (3) below -- have an accessible restroom. Single-level dining cars don't have to be enterable from the platform by wheelchair, and don't need an accessible restroom if the car has no restroom for any passenger. Bi-level dining cars are exempt from all four of those requirements -- no required wheelchair entry, parking space, transfer seat, or accessible restroom.
For trains with single-level coaches, a set number of wheelchair spaces was phased in: within 5 years of July 26, 1990, at least half the coaches' worth of spaces (both parking spaces and fold-and-store spaces); within 10 years, spaces equal to the full number of coaches. These spaces must be in the coaches or food-service cars, with no more than two parking spaces and two fold-and-store spaces in any one car. Cars carrying these spaces need an accessible restroom and platform-level entry.
Food service rules also apply. On trains with a single-level dining car bought after July 26, 1990, the railroad must offer table service to a wheelchair user in the dining car if the adjoining car is itself accessible, the passenger can reach it without the train having to move, and space is available for the wheelchair. Either way, the railroad must provide equivalent food service -- including something like a hard eating surface -- through other aids and services, and should place an accessible car next to the dining car when possible. On trains with a bi-level dining car, if the train also has a bi-level lounge car bought after July 26, 1990, that lounge car must offer table service to wheelchair users; otherwise, equivalent food service with appropriate aids must still be provided.
(b) Commuter rail transportation*. The same 5-year one-accessible-car-per-train rule applies to commuter trains. New commuter rail cars ordered more than 30 days after July 26, 1990 must be accessible -- but "accessible" here doesn't require an accessible restroom if the car has no restroom at all, doesn't require space to fold and store a wheelchair, and doesn't require a transfer seat.
(c) Used rail cars. Buying or leasing a used rail car counts as discrimination unless the buyer makes a real, good-faith effort to find an accessible used car instead.
(d) Remanufactured rail cars. Remanufacturing a rail car to extend its life by 10 years or more must make it accessible to the maximum extent feasible. Buying or leasing a remanufactured car is discrimination unless it was remanufactured that way.
(e) Stations. New stations built for intercity or commuter rail must be accessible. For existing stations, railroads had to make existing intercity stations, and existing "key" commuter stations, accessible -- intercity stations within 20 years of July 26, 1990, and key commuter stations within 3 years (extendable up to 20 years if the only way to comply is something extremely expensive, like raising an entire platform). Commuter authorities pick their key stations after talking with disabled people and holding a public hearing, looking at things like how many riders use the station* and whether it's a transfer point. The Secretary* of Transportation must require a plan with milestones for reaching these goals, developed with input from affected disabled people.
Whenever a station is altered in a way that affects usability, the altered parts must be made accessible to the maximum extent feasible. If the alteration affects an area with a "primary function," the path to that area and the bathrooms, telephones, and drinking fountains serving it must also be made accessible -- unless doing so would be disproportionately expensive compared to the overall alteration, based on rules the Attorney General sets. Station owners must reasonably cooperate with whoever is responsible for making these changes; an owner* who doesn't cooperate can be held liable, but a lack of cooperation isn't a legal excuse for the responsible party's own noncompliance.
It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a person who provides intercity rail transportation to fail to have at least one passenger car per train that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, in accordance with regulations issued under section 12164 of this title, as soon as practicable, but in no event later than 5 years after July 26, 1990.
Except as otherwise provided in this subsection with respect to individuals who use wheelchairs, it shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a person to purchase or lease any new rail passenger cars for use in intercity rail transportation, and for which a solicitation is made later than 30 days after July 26, 1990, unless all such rail cars are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary* of Transportation in regulations issued under section 12164 of this title.
Single-level passenger coaches shall be required to—
be able to be entered by an individual who uses a wheelchair;
have space to park and secure a wheelchair;
have a seat to which a passenger in a wheelchair can transfer, and a space to fold and store such passenger’s wheelchair; and
have a restroom usable by an individual who uses a wheelchair,
only to the extent provided in paragraph (3).
Single-level dining cars shall not be required to—
be able to be entered from the station* platform by an individual who uses a wheelchair; or
have a restroom usable by an individual who uses a wheelchair if no restroom is provided in such car for any passenger.
Bi-level dining cars shall not be required to—
be able to be entered by an individual who uses a wheelchair;
have space to park and secure a wheelchair;
have a seat to which a passenger in a wheelchair can transfer, or a space to fold and store such passenger’s wheelchair; or
have a restroom usable by an individual who uses a wheelchair.
It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a person who provides intercity rail transportation to fail to have on each train which includes one or more single-level rail passenger coaches—
a number of spaces—
to park and secure wheelchairs (to accommodate individuals who wish to remain in their wheelchairs) equal to not less than one-half of the number of single-level rail passenger coaches in such train; and
to fold and store wheelchairs (to accommodate individuals who wish to transfer to coach seats) equal to not less than one-half of the number of single-level rail passenger coaches in such train,
as soon as practicable, but in no event later than 5 years after July 26, 1990; and
a number of spaces—
to park and secure wheelchairs (to accommodate individuals who wish to remain in their wheelchairs) equal to not less than the total number of single-level rail passenger coaches in such train; and
to fold and store wheelchairs (to accommodate individuals who wish to transfer to coach seats) equal to not less than the total number of single-level rail passenger coaches in such train,
as soon as practicable, but in no event later than 10 years after July 26, 1990.
Spaces required by subparagraph (A) shall be located in single-level rail passenger coaches or food service cars.
Of the number of spaces required on a train by subparagraph (A), not more than two spaces to park and secure wheelchairs nor more than two spaces to fold and store wheelchairs shall be located in any one coach or food service car.
Single-level rail passenger coaches and food service cars on which the spaces required by subparagraph (A) are located shall have a restroom usable by an individual who uses a wheelchair and shall be able to be entered from the station platform by an individual who uses a wheelchair.
On any train in which a single-level dining car is used to provide food service—
if such single-level dining car was purchased after July 26, 1990, table service in such car shall be provided to a passenger who uses a wheelchair if—
the car adjacent to the end of the dining car through which a wheelchair may enter is itself accessible to a wheelchair;
such passenger can exit to the platform from the car such passenger occupies, move down the platform, and enter the adjacent accessible car described in subclause (I) without the necessity of the train being moved within the station; and
space to park and secure a wheelchair is available in the dining car at the time such passenger wishes to eat (if such passenger wishes to remain in a wheelchair), or space to store and fold a wheelchair is available in the dining car at the time such passenger wishes to eat (if such passenger wishes to transfer to a dining car seat); and
appropriate auxiliary aids and services*, including a hard surface on which to eat, shall be provided to ensure that other equivalent food service is available to individuals with disabilities, including individuals who use wheelchairs, and to passengers traveling with such individuals.
Unless not practicable, a person providing intercity rail transportation shall place an accessible car adjacent to the end of a dining car described in clause (i) through which an individual who uses a wheelchair may enter.
On any train in which a bi-level dining car is used to provide food service—
if such train includes a bi-level lounge car purchased after July 26, 1990, table service in such lounge car shall be provided to individuals who use wheelchairs and to other passengers; and
appropriate auxiliary aids and services, including a hard surface on which to eat, shall be provided to ensure that other equivalent food service is available to individuals with disabilities, including individuals who use wheelchairs, and to passengers traveling with such individuals.
It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a person who provides commuter rail transportation to fail to have at least one passenger car per train that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, in accordance with regulations issued under section 12164 of this title, as soon as practicable, but in no event later than 5 years after July 26, 1990.
It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a person to purchase or lease any new rail passenger cars for use in commuter rail transportation, and for which a solicitation is made later than 30 days after July 26, 1990, unless all such rail cars are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 12164 of this title.
For purposes of section 12132 of this title and section 794 of title 29, a requirement that a rail passenger car* used in commuter rail transportation be accessible to or readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, shall not be construed to require—
a restroom usable by an individual who uses a wheelchair if no restroom is provided in such car for any passenger;
space to fold and store a wheelchair; or
a seat to which a passenger who uses a wheelchair can transfer.
It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a person to purchase or lease a used rail passenger car for use in intercity or commuter rail transportation, unless such person makes demonstrated good faith efforts to purchase or lease a used rail car that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 12164 of this title.
It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a person to remanufacture a rail passenger car for use in intercity or commuter rail transportation so as to extend its usable life for 10 years or more, 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, as prescribed by the Secretary of Transportation in regulations issued under section 12164 of this title.
It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a person to purchase or lease a remanufactured rail passenger car for use in intercity or commuter rail transportation unless such car was remanufactured in accordance with paragraph (1).
It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a person to build a new station for use in intercity or commuter rail transportation that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 12164 of this title.
It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a responsible person* to fail to make existing stations in the intercity rail transportation system, and existing key stations in commuter rail transportation systems, readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 12164 of this title.
All stations in the intercity rail transportation system shall be made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as soon as practicable, but in no event later than 20 years after July 26, 1990.
Key stations in commuter rail transportation systems shall be made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as soon as practicable but in no event later than 3 years after July 26, 1990, except that the time limit may be extended by the Secretary of Transportation up to 20 years after July 26, 1990, in a case where the raising of the entire passenger platform is the only means available of attaining accessibility or where other extraordinarily expensive structural changes are necessary to attain accessibility.
Each commuter authority* shall designate the key stations in its commuter rail transportation system, in consultation with individuals with disabilities and organizations representing such individuals, taking into consideration such factors as high ridership and whether such station serves as a transfer or feeder station. Before the final designation of key stations under this clause, a commuter authority shall hold a public hearing.
The Secretary of Transportation shall require the appropriate person to develop a plan for carrying out this subparagraph that reflects consultation with individuals with disabilities affected by such plan and that establishes milestones for achievement of the requirements of this subparagraph.
It shall be considered discrimination, for purposes of section 12132 of this title and section 794 of title 29, with respect to alterations of an existing station or part thereof in the intercity or commuter rail transportation systems that affect or could affect the usability of the station or part thereof, for the responsible person, owner*, or person in control of the station to fail to make the alterations in such a manner that, to the maximum extent feasible, the altered portions of the station are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon completion of such alterations.
It shall be considered discrimination, for purposes of section 12132 of this title and section 794 of title 29, with respect to alterations that affect or could affect the usability of or access to an area of the station containing a primary function, for the responsible person, owner, or person in control of the station to fail to make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area, and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon completion of such alterations, where such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the Attorney General).
It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for an owner, or person in control, of a station governed by subparagraph (A) or (B) to fail to provide reasonable cooperation to a responsible person with respect to such station in that responsible person’s efforts to comply with such subparagraph. An owner, or person in control, of a station shall be liable to a responsible person for any failure to provide reasonable cooperation as required by this subparagraph. Failure to receive reasonable cooperation required by this subparagraph shall not be a defense to a claim of discrimination under this chapter.
Source credit: (Pub. L. 101–336, title II, § 242, July 26, 1990, 104 Stat. 347.)
- 1990Enacted · Pub. L. 101-336 · 104 Stat. 347
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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