42 U.S.C. § 12185 — Study
submitted 36 years ago by Pub. L. 101-336 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 516 words · no verdicts yet
This section orders a government study on making buses accessible for disabled riders. The Office of Technology Assessment leads it, with help from an advisory committee. The finished study, with recommendations, goes to the President and Congress within three years.
This section has five lettered parts, (a) through (e).
(a) Purposes. The Office of Technology Assessment must study two things: what access disabled people need for over-the-road buses and bus service, and the most cost-effective ways to provide that access -- especially for wheelchair users -- across all the different ways people board a bus.
(b) Contents. The study must analyze: how much demand disabled people have for accessible over-the-road buses and service; how accessible current buses and service already are, including service required under sections 12184(b)(4) and 12186(a)(2); how well different methods of providing accessibility actually work; the cost of accessible buses and service, factoring in newer, cheaper technology; possible design changes that could improve accessibility, including accessible restrooms that don't cost any seats; and how accessibility requirements might affect whether over-the-road bus* service -- especially in rural areas -- keeps running at all.
(c) Advisory committee*. The Office of Technology Assessment must set up an advisory committee with three kinds of members: private bus operators and manufacturers; disabled people, especially wheelchair users, who might ride these buses; and technical experts, including people who make boarding-assistance equipment. The first two groups must have equal numbers of members, and together they must outnumber the technical-expert group.
(d) Deadline. The finished study, along with the Office's recommendations -- including any options for new legislation -- must go to the President and Congress within 36 months of July 26, 1990. If the President finds that meeting the deadlines in section 12186(a)(2)(B) would significantly cut back intercity bus service, the President must push back each of those deadlines by one year.
(e) Review. Before finishing the study, the Office of Technology Assessment must share a preliminary draft with the Architectural and Transportation Barriers Compliance Board. The Board can comment in writing within 120 days of getting the draft, and those comments must be included in the final study submitted to the President and Congress.
The Office of Technology Assessment shall undertake a study to determine—
the access needs of individuals with disabilities to over-the-road buses and over-the-road bus* service; and
the most cost-effective methods for providing access to over-the-road buses and over-the-road bus service to individuals with disabilities, particularly individuals who use wheelchairs, through all forms of boarding options.
The study shall include, at a minimum, an analysis of the following:
The anticipated demand by individuals with disabilities for accessible over-the-road buses and over-the-road bus service.
The degree to which such buses and service, including any service required under sections 12184(b)(4) and 12186(a)(2) of this title, are readily accessible to and usable by individuals with disabilities.
The effectiveness of various methods of providing accessibility to such buses and service to individuals with disabilities.
The cost of providing accessible over-the-road buses and bus service to individuals with disabilities, including consideration of recent technological and cost saving developments in equipment and devices.
Possible design changes in over-the-road buses that could enhance accessibility, including the installation of accessible restrooms which do not result in a loss of seating capacity.
The impact of accessibility requirements on the continuation of over-the-road bus service, with particular consideration of the impact of such requirements on such service to rural communities.
In conducting the study required by subsection (a), the Office of Technology Assessment shall establish an advisory committee, which shall consist of—
members selected from among private operators and manufacturers of over-the-road buses;
members selected from among individuals with disabilities, particularly individuals who use wheelchairs, who are potential riders of such buses; and
members selected for their technical expertise on issues included in the study, including manufacturers of boarding assistance equipment and devices.
The number of members selected under each of paragraphs (1) and (2) shall be equal, and the total number of members selected under paragraphs (1) and (2) shall exceed the number of members selected under paragraph (3).
The study required by subsection (a), along with recommendations by the Office of Technology Assessment, including any policy options for legislative action, shall be submitted to the President and Congress within 36 months after July 26, 1990. If the President determines that compliance with the regulations issued pursuant to section 12186(a)(2)(B) of this title on or before the applicable deadlines specified in section 12186(a)(2)(B) of this title will result in a significant reduction in intercity over-the-road bus service, the President shall extend each such deadline by 1 year.
In developing the study required by subsection (a), the Office of Technology Assessment shall provide a preliminary draft of such study to the Architectural and Transportation Barriers Compliance Board established under section 792 of title 29. The Board shall have an opportunity to comment on such draft study, and any such comments by the Board made in writing within 120 days after the Board’s receipt of the draft study shall be incorporated as part of the final study required to be submitted under subsection (d).
Source credit: (Pub. L. 101–336, title III, § 305, July 26, 1990, 104 Stat. 360.)
- 1990Enacted · Pub. L. 101-336 · 104 Stat. 360
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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