
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: 42USC12148]

 
                 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. 12148. Public transportation programs and activities in 
        existing facilities and one car per train rule
        

(a) Public transportation programs and activities in existing facilities

                           (1) In general

        With respect to existing facilities used in the provision of 
    designated public transportation services, it shall be considered 
    discrimination, for purposes of section 12132 of this title and 
    section 794 of title 29, for a public entity to fail to operate a 
    designated public transportation program or activity conducted in 
    such facilities so that, when viewed in the entirety, the program or 
    activity is readily accessible to and usable by individuals with 
    disabilities.

                            (2) Exception

        Paragraph (1) shall not require a public entity to make 
    structural changes to existing facilities in order to make such 
    facilities accessible to individuals who use wheelchairs, unless and 
    to the extent required by section 12147(a) of this title (relating 
    to alterations) or section 12147(b) of this title (relating to key 
    stations).

                           (3) Utilization

        Paragraph (1) shall not require a public entity to which 
    paragraph (2) applies, to provide to individuals who use wheelchairs 
    services made available to the general public at such facilities 
    when such individuals could not utilize or benefit from such 
    services provided at such facilities.

(b) One car per train rule

                          (1) General rule

        Subject to paragraph (2), with respect to 2 or more vehicles 
    operated as a train by a light or rapid rail system, for purposes of 
    section 12132 of this title and section 794 of title 29, it shall be 
    considered discrimination for a public entity to fail to have at 
    least 1 vehicle per train that is accessible to individuals with 
    disabilities, including individuals who use wheelchairs, as soon as 
    practicable but in no event later than the last day of the 5-year 
    period beginning on the effective date of this section.

                         (2) Historic trains

        In order to comply with paragraph (1) with respect to the 
    remanufacture of a vehicle of historic character which is to be used 
    on a segment of a light or rapid rail system which is included on 
    the National Register of Historic Places, if making such vehicle 
    readily accessible to and usable by individuals with disabilities 
    would significantly alter the historic character of such vehicle, 
    the public entity which operates such system only has to make (or to 
    purchase or lease a remanufactured vehicle with) those modifications 
    which are necessary to meet the requirements of section 12142(c)(1) 
    of this title and which do not significantly alter the historic 
    character of such vehicle.

(Pub. L. 101-336, title II, Sec. 228, July 26, 1990, 104 Stat. 344.)

                       References in Text

    The effective date of this section, referred to in subsec. (b)(1), 
probably means the effective date of subsec. (b), which is effective on 
date of enactment of Pub. L. 101-336, which was approved July 26, 1990. 
The effective date of subsec. (a) is 18 months after July 26, 1990. See 
section 231 of Pub. L. 101-336, set out as an Effective Date note under 
section 12141 of this title.


                             Effective Date

    Subsec. (a) of this section effective 18 months after July 26, 1990, 
and subsec. (b) 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 12142, 12209 of this title; 
title 2 section 1331.
