42 U.S.C. § 12143 : US Code - Section 12143: Paratransit as a complement to fixed route service

Search 42 U.S.C. § 12143 : US Code - Section 12143: Paratransit as a complement to fixed route service

(a) General rule
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 (other than a system which
provides solely commuter bus service) to fail to provide with
respect to the operations of its fixed route system, in accordance
with this section, paratransit and other special transportation
services to individuals with disabilities, including individuals
who use wheelchairs, that are sufficient to provide to such
individuals a level of service (1) which is comparable to the level
of designated public transportation services provided to
individuals without disabilities using such system; or (2) in the
case of response time, which is comparable, to the extent
practicable, to the level of designated public transportation
services provided to individuals without disabilities using such
system.
(b) Issuance of regulations
Not later than 1 year after July 26, 1990, the Secretary shall
issue final regulations to carry out this section.
(c) Required contents of regulations
(1) Eligible recipients of service
The regulations issued under this section shall require each
public entity which operates a fixed route system to provide the
paratransit and other special transportation services required
under this section -
(A)(i) to any individual with a disability who is unable, as
a result of a physical or mental impairment (including a vision
impairment) and without the assistance of another individual
(except an operator of a wheelchair lift or other boarding
assistance device), to board, ride, or disembark from any
vehicle on the system which is readily accessible to and usable
by individuals with disabilities;
(ii) to any individual with a disability who needs the
assistance of a wheelchair lift or other boarding assistance
device (and is able with such assistance) to board, ride, and
disembark from any vehicle which is readily accessible to and
usable by individuals with disabilities if the individual wants
to travel on a route on the system during the hours of
operation of the system at a time (or within a reasonable
period of such time) when such a vehicle is not being used to
provide designated public transportation on the route; and
(iii) to any individual with a disability who has a specific
impairment-related condition which prevents such individual
from traveling to a boarding location or from a disembarking
location on such system;
(B) to one other individual accompanying the individual with
the disability; and
(C) to other individuals, in addition to the one individual
described in subparagraph (B), accompanying the individual with
a disability provided that space for these additional
individuals is available on the paratransit vehicle carrying
the individual with a disability and that the transportation of
such additional individuals will not result in a denial of
service to individuals with disabilities.
For purposes of clauses (i) and (ii) of subparagraph (A),
boarding or disembarking from a vehicle does not include travel
to the boarding location or from the disembarking location.
(2) Service area
The regulations issued under this section shall require the
provision of paratransit and special transportation services
required under this section in the service area of each public
entity which operates a fixed route system, other than any
portion of the service area in which the public entity solely
provides commuter bus service.
(3) Service criteria
Subject to paragraphs (1) and (2), the regulations issued under
this section shall establish minimum service criteria for
determining the level of services to be required under this
section.
(4) Undue financial burden limitation
The regulations issued under this section shall provide that,
if the public entity is able to demonstrate to the satisfaction
of the Secretary that the provision of paratransit and other
special transportation services otherwise required under this
section would impose an undue financial burden on the public
entity, the public entity, notwithstanding any other provision of
this section (other than paragraph (5)), shall only be required
to provide such services to the extent that providing such
services would not impose such a burden.
(5) Additional services
The regulations issued under this section shall establish
circumstances under which the Secretary may require a public
entity to provide, notwithstanding paragraph (4), paratransit and
other special transportation services under this section beyond
the level of paratransit and other special transportation
services which would otherwise be required under paragraph (4).
(6) Public participation
The regulations issued under this section shall require that
each public entity which operates a fixed route system hold a
public hearing, provide an opportunity for public comment, and
consult with individuals with disabilities in preparing its plan
under paragraph (7).
(7) Plans
The regulations issued under this section shall require that
each public entity which operates a fixed route system -
(A) within 18 months after July 26, 1990, submit to the
Secretary, and commence implementation of, a plan for providing
paratransit and other special transportation services which
meets the requirements of this section; and
(B) on an annual basis thereafter, submit to the Secretary,
and commence implementation of, a plan for providing such
services.
(8) Provision of services by others
The regulations issued under this section shall -
(A) require that a public entity submitting a plan to the
Secretary under this section identify in the plan any person or
other public entity which is providing a paratransit or other
special transportation service for individuals with
disabilities in the service area to which the plan applies; and
(B) provide that the public entity submitting the plan does
not have to provide under the plan such service for individuals
with disabilities.
(9) Other provisions
The regulations issued under this section shall include such
other provisions and requirements as the Secretary determines are
necessary to carry out the objectives of this section.
(d) Review of plan
(1) General rule
The Secretary shall review a plan submitted under this section
for the purpose of determining whether or not such plan meets the
requirements of this section, including the regulations issued
under this section.
(2) Disapproval
If the Secretary determines that a plan reviewed under this
subsection fails to meet the requirements of this section, the
Secretary shall disapprove the plan and notify the public entity
which submitted the plan of such disapproval and the reasons
therefor.
(3) Modification of disapproved plan
Not later than 90 days after the date of disapproval of a plan
under this subsection, the public entity which submitted the plan
shall modify the plan to meet the requirements of this section
and shall submit to the Secretary, and commence implementation
of, such modified plan.
(e) "Discrimination" defined
As used in subsection (a) of this section, the term
"discrimination" includes -
(1) a failure of a public entity to which the regulations
issued under this section apply to submit, or commence
implementation of, a plan in accordance with subsections (c)(6)
and (c)(7) of this section;
(2) a failure of such entity to submit, or commence
implementation of, a modified plan in accordance with subsection
(d)(3) of this section;
(3) submission to the Secretary of a modified plan under
subsection (d)(3) of this section which does not meet the
requirements of this section; or
(4) a failure of such entity to provide paratransit or other
special transportation services in accordance with the plan or
modified plan the public entity submitted to the Secretary under
this section.
(f) Statutory construction
Nothing in this section shall be construed as preventing a public
entity -
(1) from providing paratransit or other special transportation
services at a level which is greater than the level of such
services which are required by this section,
(2) from providing paratransit or other special transportation
services in addition to those paratransit and special
transportation services required by this section, or
(3) from providing such services to individuals in addition to
those individuals to whom such services are required to be
provided by this section.