
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: 42USC12186]

 
                 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. 12186. Regulations


(a) Transportation provisions

                          (1) General rule

        Not later than 1 year after July 26, 1990, the Secretary of 
    Transportation shall issue regulations in an accessible format to 
    carry out sections \1\ 12182(b)(2)(B) and (C) of this title and to 
    carry out section 12184 of this title (other than subsection 
    (b)(4)).
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    \1\ So in original. Probably should be ``section''.
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      (2) Special rules for providing access to over-the-road 
                                    buses

        (A) Interim requirements

            (i) Issuance

                Not later than 1 year after July 26, 1990, the Secretary 
            of Transportation shall issue regulations in an accessible 
            format to carry out sections 12184(b)(4) and 
            12182(b)(2)(D)(ii) of this title that require each private 
            entity which uses an over-the-road bus to provide 
            transportation of individuals to provide accessibility to 
            such bus; except that such regulations shall not require any 
            structural changes in over-the-road buses in order to 
            provide access to individuals who use wheelchairs during the 
            effective period of such regulations and shall not require 
            the purchase of boarding assistance devices to provide 
            access to such individuals.
            (ii) Effective period

                The regulations issued pursuant to this subparagraph 
            shall be effective until the effective date of the 
            regulations issued under subparagraph (B).

        (B) Final requirement

            (i) Review of study and interim requirements

                The Secretary shall review the study submitted under 
            section 12185 of this title and the regulations issued 
            pursuant to subparagraph (A).
            (ii) Issuance

                Not later than 1 year after the date of the submission 
            of the study under section 12185 of this title, the 
            Secretary shall issue in an accessible format new 
            regulations to carry out sections 12184(b)(4) and 
            12182(b)(2)(D)(ii) of this title that require, taking into 
            account the purposes of the study under section 12185 of 
            this title and any recommendations resulting from such 
            study, each private entity which uses an over-the-road bus 
            to provide transportation to individuals to provide 
            accessibility to such bus to individuals with disabilities, 
            including individuals who use wheelchairs.
            (iii) Effective period

                Subject to section 12185(d) of this title, the 
            regulations issued pursuant to this subparagraph shall take 
            effect--
                    (I) with respect to small providers of 
                transportation (as defined by the Secretary), 3 years 
                after the date of issuance of final regulations under 
                clause (ii); and
                    (II) with respect to other providers of 
                transportation, 2 years after the date of issuance of 
                such final regulations.

        (C) Limitation on requiring installation of accessible restrooms

            The regulations issued pursuant to this paragraph shall not 
        require the installation of accessible restrooms in over-the-
        road buses if such installation would result in a loss of 
        seating capacity.

                            (3) Standards

        The regulations issued pursuant to this subsection shall include 
    standards applicable to facilities and vehicles covered by sections 
    12182(b)(2) and 12184 of this title.

(b) Other provisions

    Not later than 1 year after July 26, 1990, the Attorney General 
shall issue regulations in an accessible format to carry out the 
provisions of this subchapter not referred to in subsection (a) of this 
section that include standards applicable to facilities and vehicles 
covered under section 12182 of this title.

(c) Consistency with ATBCB guidelines

    Standards included in regulations issued under subsections (a) and 
(b) of this section shall be consistent with the minimum guidelines and 
requirements issued by the Architectural and Transportation Barriers 
Compliance Board in accordance with section 12204 of this title.

(d) Interim accessibility standards

                           (1) Facilities

        If final regulations have not been issued pursuant to this 
    section, for new construction or alterations for which a valid and 
    appropriate State or local building permit is obtained prior to the 
    issuance of final regulations under this section, and for which the 
    construction or alteration authorized by such permit begins within 
    one year of the receipt of such permit and is completed under the 
    terms of such permit, compliance with the Uniform Federal 
    Accessibility Standards in effect at the time the building permit is 
    issued shall suffice to satisfy the requirement that facilities be 
    readily accessible to and usable by persons with disabilities as 
    required under section 12183 of this title, except that, if such 
    final regulations have not been issued one year after the 
    Architectural and Transportation Barriers Compliance Board has 
    issued the supplemental minimum guidelines required under section 
    12204(a) of this title, compliance with such supplemental minimum 
    guidelines shall be necessary to satisfy the requirement that 
    facilities be readily accessible to and usable by persons with 
    disabilities prior to issuance of the final regulations.

                (2) Vehicles and rail passenger cars

        If final regulations have not been issued pursuant to this 
    section, a private entity shall be considered to have complied with 
    the requirements of this subchapter, if any, that a vehicle or rail 
    passenger car be readily accessible to and usable by individuals 
    with disabilities, if the design for such vehicle or car complies 
    with the laws and regulations (including the Minimum Guidelines and 
    Requirements for Accessible Design and such supplemental minimum 
    guidelines as are issued under section 12204(a) of this title) 
    governing accessibility of such vehicles or cars, to the extent that 
    such laws and regulations are not inconsistent with this subchapter 
    and are in effect at the time such design is substantially 
    completed.

(Pub. L. 101-336, title III, Sec. 306, July 26, 1990, 104 Stat. 361; 
Pub. L. 104-59, title III, Sec. 341, Nov. 28, 1995, 109 Stat. 608.)


                               Amendments

    1995--Subsec. (a)(2)(B)(iii). Pub. L. 104-59 substituted ``3 years 
after the date of issuance of final regulations under clause (ii)'' for 
``7 years after July 26, 1990'' in subcl. (I) and ``2 years after the 
date of issuance of such final regulations'' for ``6 years after July 
26, 1990'' in subcl. (II).


                             Effective Date

    Section effective July 26, 1990, see section 310(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, 12184, 12185 of this 
title.
