42 U.S.C. § 12165 — Interim accessibility requirements
submitted 36 years ago by Pub. L. 101-336 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 305 words · no verdicts yet
This section sets temporary accessibility rules for stations and rail cars. They apply only until the Secretary of Transportation issues final regulations. Builders can rely on existing federal design standards in the meantime.
This section has two lettered parts, (a) and (b).
(a) Stations. Suppose the Secretary* of Transportation has not yet issued final regulations under section 12164. If a builder gets a valid state* or local building permit before those final regulations come out, starts construction or alterations within one year of getting the permit, and finishes the work under that permit, then following the Uniform Federal Accessibility Standards in effect when the permit was issued counts as meeting the "readily accessible" requirement for stations in section 12162(e). But there's an exception: once the Architectural and Transportation Barriers Compliance Board issues its supplemental minimum guidelines under section 12204(a), and a full year passes without final regulations, the builder must instead follow those supplemental guidelines, not the older standards.
(b) Rail passenger cars. Again, this applies only while final regulations under section 12164 are missing. A rail car counts as "readily accessible" under section 12162(a) through (d) if its design follows the accessibility laws and regulations in effect when the design was substantially finished. That includes the Minimum Guidelines and Requirements for Accessible Design and any supplemental minimum guidelines issued under section 12204(a) -- as long as those rules do not conflict with this subpart.
If final regulations have not been issued pursuant to section 12164 of this title, 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 such 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 stations be readily accessible to and usable by persons with disabilities as required under section 12162(e) of this title, 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 section 12204(a) of this title, compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that stations be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations.
If final regulations have not been issued pursuant to section 12164 of this title, a person shall be considered to have complied with the requirements of section 12162(a) through (d) of this title that a rail passenger car* be readily accessible to and usable by individuals with disabilities, if the design for such 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 section 12204(a) of this title) governing accessibility of such cars, to the extent that such laws and regulations are not inconsistent with this subpart and are in effect at the time such design is substantially completed.
Source credit: (Pub. L. 101–336, title II, § 245, July 26, 1990, 104 Stat. 352.)
- 1990Enacted · Pub. L. 101-336 · 104 Stat. 352
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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