42 U.S.C. § 12148 : US Code - Section 12148: Public transportation programs and activities in existing facilities and one car per train rule
Search 42 U.S.C. § 12148 : US Code - Section 12148: Public transportation programs and activities in existing facilities and one car per train rule
(a) Public transportation programs and activities in existing
facilities
(1) In general
With respect to existing facilities used in the provision of
designated public transportation services, it shall be considered
discrimination, for purposes of section 12132 of this title and
section 794 of title 29, for a public entity to fail to operate a
designated public transportation program or activity conducted in
such facilities so that, when viewed in the entirety, the program
or activity is readily accessible to and usable by individuals
with disabilities.
(2) Exception
Paragraph (1) shall not require a public entity to make
structural changes to existing facilities in order to make such
facilities accessible to individuals who use wheelchairs, unless
and to the extent required by section 12147(a) of this title
(relating to alterations) or section 12147(b) of this title
(relating to key stations).
(3) Utilization
Paragraph (1) shall not require a public entity to which
paragraph (2) applies, to provide to individuals who use
wheelchairs services made available to the general public at such
facilities when such individuals could not utilize or benefit
from such services provided at such facilities.
(b) One car per train rule
(1) General rule
Subject to paragraph (2), with respect to 2 or more vehicles
operated as a train by a light or rapid rail system, for purposes
of section 12132 of this title and section 794 of title 29, it
shall be considered discrimination for a public entity to fail to
have at least 1 vehicle per train that is accessible to
individuals with disabilities, including individuals who use
wheelchairs, as soon as practicable but in no event later than
the last day of the 5-year period beginning on the effective date
of this section.
(2) Historic trains
In order to comply with paragraph (1) with respect to the
remanufacture of a vehicle of historic character which is to be
used on a segment of a light or rapid rail system which is
included on the National Register of Historic Places, if making
such vehicle readily accessible to and usable by individuals with
disabilities would significantly alter the historic character of
such vehicle, the public entity which operates such system only
has to make (or to purchase or lease a remanufactured vehicle
with) those modifications which are necessary to meet the
requirements of section 12142(c)(1) of this title and which do
not significantly alter the historic character of such vehicle.
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