
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12161]

 
                 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 ii--public transportation by intercity and commuter rail
 
Sec. 12161. Definitions

    As used in this subpart:

                       (1) Commuter authority

        The term ``commuter authority'' has the meaning given such term 
    in section 24102(4) \1\ of title 49.
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    \1\ See References in Text note below.
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                  (2) Commuter rail transportation

        The term ``commuter rail transportation'' has the meaning given 
    the term ``commuter rail passenger transportation'' in section 
    24102(5) \1\ of title 49.

                  (3) Intercity rail transportation

        The term ``intercity rail transportation'' means transportation 
    provided by the National Railroad Passenger Corporation.

                       (4) Rail passenger car

        The term ``rail passenger car'' means, with respect to intercity 
    rail transportation, single-level and bi-level coach cars, single-
    level and bi-level dining cars, single-level and bi-level sleeping 
    cars, single-level and bi-level lounge cars, and food service cars.

                       (5) Responsible person

        The term ``responsible person'' means--
            (A) in the case of a station more than 50 percent of which 
        is owned by a public entity, such public entity;
            (B) in the case of a station more than 50 percent of which 
        is owned by a private party, the persons providing intercity or 
        commuter rail transportation to such station, as allocated on an 
        equitable basis by regulation by the Secretary of 
        Transportation; and
            (C) in a case where no party owns more than 50 percent of a 
        station, the persons providing intercity or commuter rail 
        transportation to such station and the owners of the station, 
        other than private party owners, as allocated on an equitable 
        basis by regulation by the Secretary of Transportation.

                             (6) Station

        The term ``station'' means the portion of a property located 
    appurtenant to a right-of-way on which intercity or commuter rail 
    transportation is operated, where such portion is used by the 
    general public and is related to the provision of such 
    transportation, including passenger platforms, designated waiting 
    areas, ticketing areas, restrooms, and, where a public entity 
    providing rail transportation owns the property, concession areas, 
    to the extent that such public entity exercises control over the 
    selection, design, construction, or alteration of the property, but 
    such term does not include flag stops.

(Pub. L. 101-336, title II, Sec. 241, July 26, 1990, 104 Stat. 346; Pub. 
L. 104-287, Sec. 6(k), Oct. 11, 1996, 110 Stat. 3400.)

                       References in Text

    Section 24102 of title 49, referred to in pars. (1) and (2), was 
subsequently amended, and pars. (4) and (5) of section 24102 no longer 
define ``commuter authority'' and ``commuter rail passenger 
transportation'', respectively. However, such terms are defined 
elsewhere in that section.

                          Codification

    In pars. (1) and (2), ``section 24102(4) of title 49'' substituted 
for ``section 103(8) of the Rail Passenger Service Act (45 U.S.C. 
502(8))'' and ``section 24102(5) of title 49'' substituted for ``section 
103(9) of the Rail Passenger Service Act (45 U.S.C. 502(9))'' on 
authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, 
the first section of which enacted subtitles II, III, and V to X of 
Title 49, Transportation.


                               Amendments

    1996--Par. (2). Pub. L. 104-287 substituted ``commuter rail 
passenger transportation'' for ``commuter service''.


                             Effective Date

    Section 246 of Pub. L. 101-336 provided that:
    ``(a) General Rule.--Except as provided in subsection (b), this part 
[part II (Secs. 241-246) of subtitle B of title II of Pub. L. 101-336, 
enacting this subpart] shall become effective 18 months after the date 
of enactment of this Act [July 26, 1990].
    ``(b) Exception.--Sections 242 and 244 [sections 12162 and 12164 of 
this title] shall become effective on the date of enactment of this 
Act.''

                  Section Referred to in Other Sections

    This section is referred to in section 12141 of this title.
