42 U.S.C. § 12186 — Regulations

(a) Transportation provisions. The Secretary^* of Transportation had one year from July 26, 1990 to issue regulations carrying out sections 12182(b)(2)(B) and (C), and section 12184 (except its subsection (b)(4)). Over-the-road buses got a two-stage process. First, within that same one-year deadline, the Secretary issued interim regulations under sections 12184(b)(4) and 12182(b)(2)(D)(ii), requiring bus operators to provide accessibility -- but these interim rules could not require structural changes to buses for wheelchair users, or require buying boarding-assistance devices. Those interim rules stayed in effect until the final regulations described next took over. Second, after reviewing the study required under section 12185 and the interim regulations, the Secretary had to issue new final regulations within one year of that study being submitted -- taking into account the study's findings and any recommendations from it. Those final regulations then took effect on a delay: three years after they were issued, for small transportation providers, and two years after, for everyone else, subject to any extension allowed under section 12185(d). Regardless of which stage applied, the regulations could never require installing accessible restrooms on over-the-road buses if doing so would cost the bus any seats. All regulations under this subsection had to include specific standards for the facilities and vehicles covered by sections 12182(b)(2) and 12184.

(b) Other provisions. The Attorney General also had one year from July 26, 1990 to issue regulations -- in an accessible format -- covering the rest of this subchapter, meaning everything not already covered under subsection (a). Those regulations had to include standards for the facilities and vehicles covered under section 12182.

(c) Consistency with ATBCB guidelines. All standards issued under subsections (a) and (b) had to match the minimum guidelines and requirements set by the Architectural and Transportation Barriers Compliance Board under section 12204.

(d) Interim accessibility standards. Until final regulations under this section exist, two interim rules apply. For facilities: if a builder gets a valid state^* or local building permit before final regulations come out, begins construction or alterations within a 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 satisfies the accessibility requirement in section 12183 -- unless a full year passes after the Access Board issues its supplemental minimum guidelines with still no final regulations, in which case the builder must switch to following those supplemental guidelines instead. For vehicles and rail^* cars: a private entity^* is considered compliant with this subchapter's accessibility requirements if the vehicle or car's design follows the existing accessibility laws and regulations -- including the Minimum Guidelines and Requirements for Accessible Design and any supplemental guidelines under section 12204 -- that were in effect when the design was substantially finished, as long as those laws don't conflict with this subchapter.