
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: 42USC12162]

 
                 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. 12162. Intercity and commuter rail actions considered 
        discriminatory
        

(a) Intercity rail transportation

                     (1) One car per train rule

        It shall be considered discrimination for purposes of section 
    12132 of this title and section 794 of title 29 for a person who 
    provides intercity rail transportation to fail to have at least one 
    passenger car per train that is readily accessible to and usable by 
    individuals with disabilities, including individuals who use 
    wheelchairs, in accordance with regulations issued under section 
    12164 of this title, as soon as practicable, but in no event later 
    than 5 years after July 26, 1990.

                       (2) New intercity cars

        (A) General rule

            Except as otherwise provided in this subsection with respect 
        to individuals who use wheelchairs, it shall be considered 
        discrimination for purposes of section 12132 of this title and 
        section 794 of title 29 for a person to purchase or lease any 
        new rail passenger cars for use in intercity rail 
        transportation, and for which a solicitation is made later than 
        30 days after July 26, 1990, unless all such rail cars are 
        readily accessible to and usable by individuals with 
        disabilities, including individuals who use wheelchairs, as 
        prescribed by the Secretary of Transportation in regulations 
        issued under section 12164 of this title.

        (B) Special rule for single-level passenger coaches for 
                individuals who use wheelchairs

            Single-level passenger coaches shall be required to--
                (i) be able to be entered by an individual who uses a 
            wheelchair;
                (ii) have space to park and secure a wheelchair;
                (iii) have a seat to which a passenger in a wheelchair 
            can transfer, and a space to fold and store such passenger's 
            wheelchair; and
                (iv) have a restroom usable by an individual who uses a 
            wheelchair,

        only to the extent provided in paragraph (3).

        (C) Special rule for single-level dining cars for individuals 
                who use wheelchairs

            Single-level dining cars shall not be required to--
                (i) be able to be entered from the station platform by 
            an individual who uses a wheelchair; or
                (ii) have a restroom usable by an individual who uses a 
            wheelchair if no restroom is provided in such car for any 
            passenger.

        (D) Special rule for bi-level dining cars for individuals who 
                use wheelchairs

            Bi-level dining cars shall not be required to--
                (i) be able to be entered by an individual who uses a 
            wheelchair;
                (ii) have space to park and secure a wheelchair;
                (iii) have a seat to which a passenger in a wheelchair 
            can transfer, or a space to fold and store such passenger's 
            wheelchair; or
                (iv) have a restroom usable by an individual who uses a 
            wheelchair.

              (3) Accessibility of single-level coaches

        (A) General rule

            It shall be considered discrimination for purposes of 
        section 12132 of this title and section 794 of title 29 for a 
        person who provides intercity rail transportation to fail to 
        have on each train which includes one or more single-level rail 
        passenger coaches--
                (i) a number of spaces--
                    (I) to park and secure wheelchairs (to accommodate 
                individuals who wish to remain in their wheelchairs) 
                equal to not less than one-half of the number of single-
                level rail passenger coaches in such train; and
                    (II) to fold and store wheelchairs (to accommodate 
                individuals who wish to transfer to coach seats) equal 
                to not less than one-half of the number of single-level 
                rail passenger coaches in such train,

          as soon as practicable, but in no event later than 5 years 
            after July 26, 1990; and
                (ii) a number of spaces--
                    (I) to park and secure wheelchairs (to accommodate 
                individuals who wish to remain in their wheelchairs) 
                equal to not less than the total number of single-level 
                rail passenger coaches in such train; and
                    (II) to fold and store wheelchairs (to accommodate 
                individuals who wish to transfer to coach seats) equal 
                to not less than the total number of single-level rail 
                passenger coaches in such train,

          as soon as practicable, but in no event later than 10 years 
            after July 26, 1990.

        (B) Location

            Spaces required by subparagraph (A) shall be located in 
        single-level rail passenger coaches or food service cars.

        (C) Limitation

            Of the number of spaces required on a train by subparagraph 
        (A), not more than two spaces to park and secure wheelchairs nor 
        more than two spaces to fold and store wheelchairs shall be 
        located in any one coach or food service car.

        (D) Other accessibility features

            Single-level rail passenger coaches and food service cars on 
        which the spaces required by subparagraph (A) are located shall 
        have a restroom usable by an individual who uses a wheelchair 
        and shall be able to be entered from the station platform by an 
        individual who uses a wheelchair.

                          (4) Food service

        (A) Single-level dining cars

            On any train in which a single-level dining car is used to 
        provide food service--
                (i) if such single-level dining car was purchased after 
            July 26, 1990, table service in such car shall be provided 
            to a passenger who uses a wheelchair if--
                    (I) the car adjacent to the end of the dining car 
                through which a wheelchair may enter is itself 
                accessible to a wheelchair;
                    (II) such passenger can exit to the platform from 
                the car such passenger occupies, move down the platform, 
                and enter the adjacent accessible car described in 
                subclause (I) without the necessity of the train being 
                moved within the station; and
                    (III) space to park and secure a wheelchair is 
                available in the dining car at the time such passenger 
                wishes to eat (if such passenger wishes to remain in a 
                wheelchair), or space to store and fold a wheelchair is 
                available in the dining car at the time such passenger 
                wishes to eat (if such passenger wishes to transfer to a 
                dining car seat); and

                (ii) appropriate auxiliary aids and services, including 
            a hard surface on which to eat, shall be provided to ensure 
            that other equivalent food service is available to 
            individuals with disabilities, including individuals who use 
            wheelchairs, and to passengers traveling with such 
            individuals.

        Unless not practicable, a person providing intercity rail 
        transportation shall place an accessible car adjacent to the end 
        of a dining car described in clause (i) through which an 
        individual who uses a wheelchair may enter.

        (B) Bi-level dining cars

            On any train in which a bi-level dining car is used to 
        provide food service--
                (i) if such train includes a bi-level lounge car 
            purchased after July 26, 1990, table service in such lounge 
            car shall be provided to individuals who use wheelchairs and 
            to other passengers; and
                (ii) appropriate auxiliary aids and services, including 
            a hard surface on which to eat, shall be provided to ensure 
            that other equivalent food service is available to 
            individuals with disabilities, including individuals who use 
            wheelchairs, and to passengers traveling with such 
            individuals.

(b) Commuter rail transportation

                     (1) One car per train rule

        It shall be considered discrimination for purposes of section 
    12132 of this title and section 794 of title 29 for a person who 
    provides commuter rail transportation to fail to have at least one 
    passenger car per train that is readily accessible to and usable by 
    individuals with disabilities, including individuals who use 
    wheelchairs, in accordance with regulations issued under section 
    12164 of this title, as soon as practicable, but in no event later 
    than 5 years after July 26, 1990.

                     (2) New commuter rail cars

        (A) General rule

            It shall be considered discrimination for purposes of 
        section 12132 of this title and section 794 of title 29 for a 
        person to purchase or lease any new rail passenger cars for use 
        in commuter rail transportation, and for which a solicitation is 
        made later than 30 days after July 26, 1990, unless all such 
        rail cars are readily accessible to and usable by individuals 
        with disabilities, including individuals who use wheelchairs, as 
        prescribed by the Secretary of Transportation in regulations 
        issued under section 12164 of this title.

        (B) Accessibility

            For purposes of section 12132 of this title and section 794 
        of title 29, a requirement that a rail passenger car used in 
        commuter rail transportation be accessible to or readily 
        accessible to and usable by individuals with disabilities, 
        including individuals who use wheelchairs, shall not be 
        construed to require--
                (i) a restroom usable by an individual who uses a 
            wheelchair if no restroom is provided in such car for any 
            passenger;
                (ii) space to fold and store a wheelchair; or
                (iii) a seat to which a passenger who uses a wheelchair 
            can transfer.

(c) Used rail cars

    It shall be considered discrimination for purposes of section 12132 
of this title and section 794 of title 29 for a person to purchase or 
lease a used rail passenger car for use in intercity or commuter rail 
transportation, unless such person makes demonstrated good faith efforts 
to purchase or lease a used rail car that is readily accessible to and 
usable by individuals with disabilities, including individuals who use 
wheelchairs, as prescribed by the Secretary of Transportation in 
regulations issued under section 12164 of this title.

(d) Remanufactured rail cars

                         (1) Remanufacturing

        It shall be considered discrimination for purposes of section 
    12132 of this title and section 794 of title 29 for a person to 
    remanufacture a rail passenger car for use in intercity or commuter 
    rail transportation so as to extend its usable life for 10 years or 
    more, unless the rail car, to the maximum extent feasible, is made 
    readily accessible to and usable by individuals with disabilities, 
    including individuals who use wheelchairs, as prescribed by the 
    Secretary of Transportation in regulations issued under section 
    12164 of this title.

                        (2) Purchase or lease

        It shall be considered discrimination for purposes of section 
    12132 of this title and section 794 of title 29 for a person to 
    purchase or lease a remanufactured rail passenger car for use in 
    intercity or commuter rail transportation unless such car was 
    remanufactured in accordance with paragraph (1).

(e) Stations

                          (1) New stations

        It shall be considered discrimination for purposes of section 
    12132 of this title and section 794 of title 29 for a person to 
    build a new station for use in intercity or commuter rail 
    transportation that is not readily accessible to and usable by 
    individuals with disabilities, including individuals who use 
    wheelchairs, as prescribed by the Secretary of Transportation in 
    regulations issued under section 12164 of this title.

                        (2) Existing stations

        (A) Failure to make readily accessible

            (i) General rule

                It shall be considered discrimination for purposes of 
            section 12132 of this title and section 794 of title 29 for 
            a responsible person to fail to make existing stations in 
            the intercity rail transportation system, and existing key 
            stations in commuter rail transportation systems, readily 
            accessible to and usable by individuals with disabilities, 
            including individuals who use wheelchairs, as prescribed by 
            the Secretary of Transportation in regulations issued under 
            section 12164 of this title.
            (ii) Period for compliance

                (I) Intercity rail

                    All stations in the intercity rail transportation 
                system shall be made readily accessible to and usable by 
                individuals with disabilities, including individuals who 
                use wheelchairs, as soon as practicable, but in no event 
                later than 20 years after July 26, 1990.
                (II) Commuter rail

                    Key stations in commuter rail transportation systems 
                shall be made readily accessible to and usable by 
                individuals with disabilities, including individuals who 
                use wheelchairs, as soon as practicable but in no event 
                later than 3 years after July 26, 1990, except that the 
                time limit may be extended by the Secretary of 
                Transportation up to 20 years after July 26, 1990, in a 
                case where the raising of the entire passenger platform 
                is the only means available of attaining accessibility 
                or where other extraordinarily expensive structural 
                changes are necessary to attain accessibility.
            (iii) Designation of key stations

                Each commuter authority shall designate the key stations 
            in its commuter rail transportation system, in consultation 
            with individuals with disabilities and organizations 
            representing such individuals, taking into consideration 
            such factors as high ridership and whether such station 
            serves as a transfer or feeder station. Before the final 
            designation of key stations under this clause, a commuter 
            authority shall hold a public hearing.
            (iv) Plans and milestones

                The Secretary of Transportation shall require the 
            appropriate person to develop a plan for carrying out this 
            subparagraph that reflects consultation with individuals 
            with disabilities affected by such plan and that establishes 
            milestones for achievement of the requirements of this 
            subparagraph.

        (B) Requirement when making alterations

            (i) General rule

                It shall be considered discrimination, for purposes of 
            section 12132 of this title and section 794 of title 29, 
            with respect to alterations of an existing station or part 
            thereof in the intercity or commuter rail transportation 
            systems that affect or could affect the usability of the 
            station or part thereof, for the responsible person, owner, 
            or person in control of the station to fail to make the 
            alterations in such a manner that, to the maximum extent 
            feasible, the altered portions of the station are readily 
            accessible to and usable by individuals with disabilities, 
            including individuals who use wheelchairs, upon completion 
            of such alterations.
            (ii) Alterations to a primary function area

                It shall be considered discrimination, for purposes of 
            section 12132 of this title and section 794 of title 29, 
            with respect to alterations that affect or could affect the 
            usability of or access to an area of the station containing 
            a primary function, for the responsible person, owner, or 
            person in control of the station to fail to make the 
            alterations in such a manner that, to the maximum extent 
            feasible, the path of travel to the altered area, and the 
            bathrooms, telephones, and drinking fountains serving the 
            altered area, are readily accessible to and usable by 
            individuals with disabilities, including individuals who use 
            wheelchairs, upon completion of such alterations, where such 
            alterations to the path of travel or the bathrooms, 
            telephones, and drinking fountains serving the altered area 
            are not disproportionate to the overall alterations in terms 
            of cost and scope (as determined under criteria established 
            by the Attorney General).

        (C) Required cooperation

            It shall be considered discrimination for purposes of 
        section 12132 of this title and section 794 of title 29 for an 
        owner, or person in control, of a station governed by 
        subparagraph (A) or (B) to fail to provide reasonable 
        cooperation to a responsible person with respect to such station 
        in that responsible person's efforts to comply with such 
        subparagraph. An owner, or person in control, of a station shall 
        be liable to a responsible person for any failure to provide 
        reasonable cooperation as required by this subparagraph. Failure 
        to receive reasonable cooperation required by this subparagraph 
        shall not be a defense to a claim of discrimination under this 
        chapter.

(Pub. L. 101-336, title II, Sec. 242, July 26, 1990, 104 Stat. 347.)


                             Effective Date

    Section effective July 26, 1990, see section 246(b) of Pub. L. 101-
336, set out as a note under section 12161 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 12165, 12181 of this title.
