42 U.S.C. § 12142 : US Code - Section 12142: Public entities operating fixed route systems

Search 42 U.S.C. § 12142 : US Code - Section 12142: Public entities operating fixed route systems

(a) Purchase and lease of new vehicles
It shall be considered discrimination for purposes of section
12132 of this title and section 794 of title 29 for a public entity
which operates a fixed route system to purchase or lease a new bus,
a new rapid rail vehicle, a new light rail vehicle, or any other
new vehicle to be used on such system, if the solicitation for such
purchase or lease is made after the 30th day following July 26,
1990, and if such bus, rail vehicle, or other vehicle is not
readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs.
(b) Purchase and lease of used vehicles
Subject to subsection (c)(1) of this section, it shall be
considered discrimination for purposes of section 12132 of this
title and section 794 of title 29 for a public entity which
operates a fixed route system to purchase or lease, after the 30th
day following July 26, 1990, a used vehicle for use on such system
unless such entity makes demonstrated good faith efforts to
purchase or lease a used vehicle for use on such system that is
readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs.
(c) Remanufactured vehicles
(1) General rule
Except as provided in paragraph (2), it shall be considered
discrimination for purposes of section 12132 of this title and
section 794 of title 29 for a public entity which operates a
fixed route system -
(A) to remanufacture a vehicle for use on such system so as
to extend its usable life for 5 years or more, which
remanufacture begins (or for which the solicitation is made)
after the 30th day following July 26, 1990; or
(B) to purchase or lease for use on such system a
remanufactured vehicle which has been remanufactured so as to
extend its usable life for 5 years or more, which purchase or
lease occurs after such 30th day and during the period in which
the usable life is extended;
unless, after remanufacture, the vehicle is, to the maximum
extent feasible, readily accessible to and usable by individuals
with disabilities, including individuals who use wheelchairs.
(2) Exception for historic vehicles
(A) General rule
If a public entity operates a fixed route system any segment
of which is included on the National Register of Historic
Places and if making a vehicle of historic character to be used
solely on such segment readily accessible to and usable by
individuals with disabilities would significantly alter the
historic character of such vehicle, the public entity only has
to make (or to purchase or lease a remanufactured vehicle with)
those modifications which are necessary to meet the
requirements of paragraph (1) and which do not significantly
alter the historic character of such vehicle.
(B) Vehicles of historic character defined by regulations
For purposes of this paragraph and section 12148(b) of this
title, a vehicle of historic character shall be defined by the
regulations issued by the Secretary to carry out this
subsection.