
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: 42USC12143]

 
                 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. 12143. Paratransit as a complement to fixed route service


(a) General rule

    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 (other than a system which provides solely 
commuter bus service) to fail to provide with respect to the operations 
of its fixed route system, in accordance with this section, paratransit 
and other special transportation services to individuals with 
disabilities, including individuals who use wheelchairs, that are 
sufficient to provide to such individuals a level of service (1) which 
is comparable to the level of designated public transportation services 
provided to individuals without disabilities using such system; or (2) 
in the case of response time, which is comparable, to the extent 
practicable, to the level of designated public transportation services 
provided to individuals without disabilities using such system.

(b) Issuance of regulations

    Not later than 1 year after July 26, 1990, the Secretary shall issue 
final regulations to carry out this section.

(c) Required contents of regulations

                 (1) Eligible recipients of service

        The regulations issued under this section shall require each 
    public entity which operates a fixed route system to provide the 
    paratransit and other special transportation services required under 
    this section--
            (A)(i) to any individual with a disability who is unable, as 
        a result of a physical or mental impairment (including a vision 
        impairment) and without the assistance of another individual 
        (except an operator of a wheelchair lift or other boarding 
        assistance device), to board, ride, or disembark from any 
        vehicle on the system which is readily accessible to and usable 
        by individuals with disabilities;
            (ii) to any individual with a disability who needs the 
        assistance of a wheelchair lift or other boarding assistance 
        device (and is able with such assistance) to board, ride, and 
        disembark from any vehicle which is readily accessible to and 
        usable by individuals with disabilities if the individual wants 
        to travel on a route on the system during the hours of operation 
        of the system at a time (or within a reasonable period of such 
        time) when such a vehicle is not being used to provide 
        designated public transportation on the route; and
            (iii) to any individual with a disability who has a specific 
        impairment-related condition which prevents such individual from 
        traveling to a boarding location or from a disembarking location 
        on such system;
            (B) to one other individual accompanying the individual with 
        the disability; and
            (C) to other individuals, in addition to the one individual 
        described in subparagraph (B), accompanying the individual with 
        a disability provided that space for these additional 
        individuals is available on the paratransit vehicle carrying the 
        individual with a disability and that the transportation of such 
        additional individuals will not result in a denial of service to 
        individuals with disabilities.

    For purposes of clauses (i) and (ii) of subparagraph (A), boarding 
    or disembarking from a vehicle does not include travel to the 
    boarding location or from the disembarking location.

                          (2) Service area

        The regulations issued under this section shall require the 
    provision of paratransit and special transportation services 
    required under this section in the service area of each public 
    entity which operates a fixed route system, other than any portion 
    of the service area in which the public entity solely provides 
    commuter bus service.

                        (3) Service criteria

        Subject to paragraphs (1) and (2), the regulations issued under 
    this section shall establish minimum service criteria for 
    determining the level of services to be required under this section.

                (4) Undue financial burden limitation

        The regulations issued under this section shall provide that, if 
    the public entity is able to demonstrate to the satisfaction of the 
    Secretary that the provision of paratransit and other special 
    transportation services otherwise required under this section would 
    impose an undue financial burden on the public entity, the public 
    entity, notwithstanding any other provision of this section (other 
    than paragraph (5)), shall only be required to provide such services 
    to the extent that providing such services would not impose such a 
    burden.

                       (5) Additional services

        The regulations issued under this section shall establish 
    circumstances under which the Secretary may require a public entity 
    to provide, notwithstanding paragraph (4), paratransit and other 
    special transportation services under this section beyond the level 
    of paratransit and other special transportation services which would 
    otherwise be required under paragraph (4).

                      (6) Public participation

        The regulations issued under this section shall require that 
    each public entity which operates a fixed route system hold a public 
    hearing, provide an opportunity for public comment, and consult with 
    individuals with disabilities in preparing its plan under paragraph 
    (7).

                              (7) Plans

        The regulations issued under this section shall require that 
    each public entity which operates a fixed route system--
            (A) within 18 months after July 26, 1990, submit to the 
        Secretary, and commence implementation of, a plan for providing 
        paratransit and other special transportation services which 
        meets the requirements of this section; and
            (B) on an annual basis thereafter, submit to the Secretary, 
        and commence implementation of, a plan for providing such 
        services.

                 (8) Provision of services by others

        The regulations issued under this section shall--
            (A) require that a public entity submitting a plan to the 
        Secretary under this section identify in the plan any person or 
        other public entity which is providing a paratransit or other 
        special transportation service for individuals with disabilities 
        in the service area to which the plan applies; and
            (B) provide that the public entity submitting the plan does 
        not have to provide under the plan such service for individuals 
        with disabilities.

                        (9) Other provisions

        The regulations issued under this section shall include such 
    other provisions and requirements as the Secretary determines are 
    necessary to carry out the objectives of this section.

(d) Review of plan

                          (1) General rule

        The Secretary shall review a plan submitted under this section 
    for the purpose of determining whether or not such plan meets the 
    requirements of this section, including the regulations issued under 
    this section.

                           (2) Disapproval

        If the Secretary determines that a plan reviewed under this 
    subsection fails to meet the requirements of this section, the 
    Secretary shall disapprove the plan and notify the public entity 
    which submitted the plan of such disapproval and the reasons 
    therefor.

                (3) Modification of disapproved plan

        Not later than 90 days after the date of disapproval of a plan 
    under this subsection, the public entity which submitted the plan 
    shall modify the plan to meet the requirements of this section and 
    shall submit to the Secretary, and commence implementation of, such 
    modified plan.

(e) ``Discrimination'' defined

    As used in subsection (a) of this section, the term 
``discrimination'' includes--
        (1) a failure of a public entity to which the regulations issued 
    under this section apply to submit, or commence implementation of, a 
    plan in accordance with subsections (c)(6) and (c)(7) of this 
    section;
        (2) a failure of such entity to submit, or commence 
    implementation of, a modified plan in accordance with subsection 
    (d)(3) of this section;
        (3) submission to the Secretary of a modified plan under 
    subsection (d)(3) of this section which does not meet the 
    requirements of this section; or
        (4) a failure of such entity to provide paratransit or other 
    special transportation services in accordance with the plan or 
    modified plan the public entity submitted to the Secretary under 
    this section.

(f) Statutory construction

    Nothing in this section shall be construed as preventing a public 
entity--
        (1) from providing paratransit or other special transportation 
    services at a level which is greater than the level of such services 
    which are required by this section,
        (2) from providing paratransit or other special transportation 
    services in addition to those paratransit and special transportation 
    services required by this section, or
        (3) from providing such services to individuals in addition to 
    those individuals to whom such services are required to be provided 
    by this section.

(Pub. L. 101-336, title II, Sec. 223, July 26, 1990, 104 Stat. 340.)


                             Effective Date

    Subsec. (a) of this section effective 18 months after July 26, 1990, 
and subsecs. (b) to (f) of this section effective July 26, 1990, see 
section 231 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 12134, 12149, 12209 of this 
title; title 2 section 1331; title 49 section 5302.
