
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12142]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
    CHAPTER 126--EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES
 
                     SUBCHAPTER II--PUBLIC SERVICES
 
 Part B--Actions Applicable to Public Transportation Provided by Public 
                   Entities Considered Discriminatory
 
subpart i--public transportation other than by aircraft or certain rail 
                               operations
 
Sec. 12142. Public entities operating fixed route systems


(a) Purchase and lease of new vehicles

    It shall be considered discrimination for purposes of section 12132 
of this title and section 794 of title 29 for a public entity which 
operates a fixed route system to purchase or lease a new bus, a new 
rapid rail vehicle, a new light rail vehicle, or any other new vehicle 
to be used on such system, if the solicitation for such purchase or 
lease is made after the 30th day following July 26, 1990, and if such 
bus, rail vehicle, or other vehicle is not readily accessible to and 
usable by individuals with disabilities, including individuals who use 
wheelchairs.

(b) Purchase and lease of used vehicles

    Subject to subsection (c)(1) of this section, it shall be considered 
discrimination for purposes of section 12132 of this title and section 
794 of title 29 for a public entity which operates a fixed route system 
to purchase or lease, after the 30th day following July 26, 1990, a used 
vehicle for use on such system unless such entity makes demonstrated 
good faith efforts to purchase or lease a used vehicle for use on such 
system that is readily accessible to and usable by individuals with 
disabilities, including individuals who use wheelchairs.

(c) Remanufactured vehicles

                          (1) General rule

        Except as provided in paragraph (2), it shall be considered 
    discrimination for purposes of section 12132 of this title and 
    section 794 of title 29 for a public entity which operates a fixed 
    route system--
            (A) to remanufacture a vehicle for use on such system so as 
        to extend its usable life for 5 years or more, which 
        remanufacture begins (or for which the solicitation is made) 
        after the 30th day following July 26, 1990; or
            (B) to purchase or lease for use on such system a 
        remanufactured vehicle which has been remanufactured so as to 
        extend its usable life for 5 years or more, which purchase or 
        lease occurs after such 30th day and during the period in which 
        the usable life is extended;

    unless, after remanufacture, the vehicle is, to the maximum extent 
    feasible, readily accessible to and usable by individuals with 
    disabilities, including individuals who use wheelchairs.

                 (2) Exception for historic vehicles

        (A) General rule

            If a public entity operates a fixed route system any segment 
        of which is included on the National Register of Historic Places 
        and if making a vehicle of historic character to be used solely 
        on such segment readily accessible to and usable by individuals 
        with disabilities would significantly alter the historic 
        character of such vehicle, the public entity only has to make 
        (or to purchase or lease a remanufactured vehicle with) those 
        modifications which are necessary to meet the requirements of 
        paragraph (1) and which do not significantly alter the historic 
        character of such vehicle.

        (B) Vehicles of historic character defined by regulations

            For purposes of this paragraph and section 12148(b) of this 
        title, a vehicle of historic character shall be defined by the 
        regulations issued by the Secretary to carry out this 
        subsection.

(Pub. L. 101-336, title II, Sec. 222, July 26, 1990, 104 Stat. 339.)


                             Effective Date

    Section effective July 26, 1990, see section 231(b) of Pub. L. 101-
336, set out as a note under section 12141 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 12145, 12148, 12209 of this 
title; title 2 section 1331.
