42 U.S.C. § 12145 : US Code - Section 12145: Temporary relief where lifts are unavailable

Search 42 U.S.C. § 12145 : US Code - Section 12145: Temporary relief where lifts are unavailable

(a) Granting
With respect to the purchase of new buses, a public entity may
apply for, and the Secretary may temporarily relieve such public
entity from the obligation under section 12142(a) or 12144 of this
title to purchase new buses that are readily accessible to and
usable by individuals with disabilities if such public entity
demonstrates to the satisfaction of the Secretary -
(1) that the initial solicitation for new buses made by the
public entity specified that all new buses were to be lift-
equipped and were to be otherwise accessible to and usable by
individuals with disabilities;
(2) the unavailability from any qualified manufacturer of
hydraulic, electromechanical, or other lifts for such new buses;
(3) that the public entity seeking temporary relief has made
good faith efforts to locate a qualified manufacturer to supply
the lifts to the manufacturer of such buses in sufficient time to
comply with such solicitation; and
(4) that any further delay in purchasing new buses necessary to
obtain such lifts would significantly impair transportation
services in the community served by the public entity.
(b) Duration and notice to Congress
Any relief granted under subsection (a) of this section shall be
limited in duration by a specified date, and the appropriate
committees of Congress shall be notified of any such relief
granted.
(c) Fraudulent application
If, at any time, the Secretary has reasonable cause to believe
that any relief granted under subsection (a) of this section was
fraudulently applied for, the Secretary shall -
(1) cancel such relief if such relief is still in effect; and
(2) take such other action as the Secretary considers
appropriate.