
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: 42USC12184]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
    CHAPTER 126--EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES
 
 SUBCHAPTER III--PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE 
                                ENTITIES
 
Sec. 12184. Prohibition of discrimination in specified public 
        transportation services provided by private entities
        

(a) General rule

    No individual shall be discriminated against on the basis of 
disability in the full and equal enjoyment of specified public 
transportation services provided by a private entity that is primarily 
engaged in the business of transporting people and whose operations 
affect commerce.

(b) Construction

    For purposes of subsection (a) of this section, discrimination 
includes--
        (1) the imposition or application by a \1\ entity described in 
    subsection (a) of this section of eligibility criteria that screen 
    out or tend to screen out an individual with a disability or any 
    class of individuals with disabilities from fully enjoying the 
    specified public transportation services provided by the entity, 
    unless such criteria can be shown to be necessary for the provision 
    of the services being offered;
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    \1\ So in original. Probably should be ``an''.
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        (2) the failure of such entity to--
            (A) make reasonable modifications consistent with those 
        required under section 12182(b)(2)(A)(ii) of this title;
            (B) provide auxiliary aids and services consistent with the 
        requirements of section 12182(b)(2)(A)(iii) of this title; and
            (C) remove barriers consistent with the requirements of 
        section 12182(b)(2)(A) of this title and with the requirements 
        of section 12183(a)(2) of this title;

        (3) the purchase or lease by such entity of a new vehicle (other 
    than an automobile, a van with a seating capacity of less than 8 
    passengers, including the driver, or an over-the-road bus) which is 
    to be used to provide specified public transportation and for which 
    a solicitation is made after the 30th day following the effective 
    date of this section, that is not readily accessible to and usable 
    by individuals with disabilities, including individuals who use 
    wheelchairs; except that the new vehicle need not be readily 
    accessible to and usable by such individuals if the new vehicle is 
    to be used solely in a demand responsive system and if the entity 
    can demonstrate that such system, when viewed in its entirety, 
    provides a level of service to such individuals equivalent to the 
    level of service provided to the general public;
        (4)(A) the purchase or lease by such entity of an over-the-road 
    bus which does not comply with the regulations issued under section 
    12186(a)(2) of this title; and
        (B) any other failure of such entity to comply with such 
    regulations; and
        (5) the purchase or lease by such entity of a new van with a 
    seating capacity of less than 8 passengers, including the driver, 
    which is to be used to provide specified public transportation and 
    for which a solicitation is made after the 30th day following the 
    effective date of this section that is not readily accessible to or 
    usable by individuals with disabilities, including individuals who 
    use wheelchairs; except that the new van need not be readily 
    accessible to and usable by such individuals if the entity can 
    demonstrate that the system for which the van is being purchased or 
    leased, when viewed in its entirety, provides a level of service to 
    such individuals equivalent to the level of service provided to the 
    general public;
        (6) the purchase or lease by such entity of a new rail passenger 
    car that is to be used to provide specified public transportation, 
    and for which a solicitation is made later than 30 days after the 
    effective date of this paragraph, that is not readily accessible to 
    and usable by individuals with disabilities, including individuals 
    who use wheelchairs; and
        (7) the remanufacture by such entity of a rail passenger car 
    that is to be used to provide specified public transportation so as 
    to extend its usable life for 10 years or more, or the purchase or 
    lease by such entity of such a rail car, 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.

(c) Historical or antiquated cars

                            (1) Exception

        To the extent that compliance with subsection (b)(2)(C) or 
    (b)(7) of this section would significantly alter the historic or 
    antiquated character of a historical or antiquated rail passenger 
    car, or a rail station served exclusively by such cars, or would 
    result in violation of any rule, regulation, standard, or order 
    issued by the Secretary of Transportation under the Federal Railroad 
    Safety Act of 1970, such compliance shall not be required.

                           (2) Definition

        As used in this subsection, the term ``historical or antiquated 
    rail passenger car'' means a rail passenger car--
            (A) which is not less than 30 years old at the time of its 
        use for transporting individuals;
            (B) the manufacturer of which is no longer in the business 
        of manufacturing rail passenger cars; and
            (C) which--
                (i) has a consequential association with events or 
            persons significant to the past; or
                (ii) embodies, or is being restored to embody, the 
            distinctive characteristics of a type of rail passenger car 
            used in the past, or to represent a time period which has 
            passed.

(Pub. L. 101-336, title III, Sec. 304, July 26, 1990, 104 Stat. 359.)

                       References in Text

    For the effective date of this section, referred to in subsec. 
(b)(3), (5), see section 310 of Pub. L. 101-336, set out as an Effective 
Date note under section 12181 of this title.
    The effective date of this paragraph, referred to in subsec. (b)(6), 
is 18 months after July 26, 1990, see section 310(a) of Pub. L. 101-336, 
set out as an Effective Date note under section 12181 of this title.
    The Federal Railroad Safety Act of 1970, referred to in subsec. 
(c)(1), is title II of Pub. L. 91-458, Oct. 16, 1970, 84 Stat. 971, as 
amended, which was classified generally to subchapter II (Sec. 431 et 
seq.) of chapter 13 of Title 45, Railroads, and was repealed and 
reenacted in section 5109(c) of Title 5, Government Organization and 
Employees, section 54a of Title 45, Railroads, chapter 201 and sections 
21301, 21302, 21304, 21311, 24902, and 24905 of Title 49, 
Transportation, and provisions set out as a note under section 20103 of 
Title 49 by Pub. L. 103-272, Secs. 1(e), 4(b)(1), (i), (t), 7(b), July 
5, 1994, 108 Stat. 862, 891, 893, 930, 935, 1361, 1365, 1372, 1379, the 
first section of which enacted subtitles II, III, and V to X of Title 
49.


                             Effective Date

    Section effective 18 months after July 26, 1990, but with subsec. 
(a) of this section (for purposes of subsec. (b)(3) only) and subsec. 
(b)(3) of this section effective July 26, 1990, see section 310(a), (c) 
of Pub. L. 101-336, set out as a note under section 12181 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 12182, 12185, 12186, 12206 
of this title.
