42 U.S.C. § 12162 : US Code - Section 12162: Intercity and commuter rail actions considered discriminatory

Search 42 U.S.C. § 12162 : US Code - Section 12162: Intercity and commuter rail actions considered discriminatory

(a) Intercity rail transportation
(1) One car per train rule
It shall be considered discrimination for purposes of section
12132 of this title and section 794 of title 29 for a person who
provides intercity rail transportation to fail to have at least
one passenger car per train that is readily accessible to and
usable by individuals with disabilities, including individuals
who use wheelchairs, in accordance with regulations issued under
section 12164 of this title, as soon as practicable, but in no
event later than 5 years after July 26, 1990.
(2) New intercity cars
(A) General rule
Except as otherwise provided in this subsection with respect
to individuals who use wheelchairs, it shall be considered
discrimination for purposes of section 12132 of this title and
section 794 of title 29 for a person to purchase or lease any
new rail passenger cars for use in intercity rail
transportation, and for which a solicitation is made later than
30 days after July 26, 1990, unless all such rail cars are
readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs, as
prescribed by the Secretary of Transportation in regulations
issued under section 12164 of this title.
(B) Special rule for single-level passenger coaches for
individuals who use wheelchairs
Single-level passenger coaches shall be required to -
(i) be able to be entered by an individual who uses a
wheelchair;
(ii) have space to park and secure a wheelchair;
(iii) have a seat to which a passenger in a wheelchair can
transfer, and a space to fold and store such passenger's
wheelchair; and
(iv) have a restroom usable by an individual who uses a
wheelchair,
only to the extent provided in paragraph (3).
(C) Special rule for single-level dining cars for individuals
who use wheelchairs
Single-level dining cars shall not be required to -
(i) be able to be entered from the station platform by an
individual who uses a wheelchair; or
(ii) have a restroom usable by an individual who uses a
wheelchair if no restroom is provided in such car for any
passenger.
(D) Special rule for bi-level dining cars for individuals who
use wheelchairs
Bi-level dining cars shall not be required to -
(i) be able to be entered by an individual who uses a
wheelchair;
(ii) have space to park and secure a wheelchair;
(iii) have a seat to which a passenger in a wheelchair can
transfer, or a space to fold and store such passenger's
wheelchair; or
(iv) have a restroom usable by an individual who uses a
wheelchair.
(3) Accessibility of single-level coaches
(A) General rule
It shall be considered discrimination for purposes of section
12132 of this title and section 794 of title 29 for a person
who provides intercity rail transportation to fail to have on
each train which includes one or more single-level rail
passenger coaches -
(i) a number of spaces -
(I) to park and secure wheelchairs (to accommodate
individuals who wish to remain in their wheelchairs) equal
to not less than one-half of the number of single-level
rail passenger coaches in such train; and
(II) to fold and store wheelchairs (to accommodate
individuals who wish to transfer to coach seats) equal to
not less than one-half of the number of single-level rail
passenger coaches in such train,
as soon as practicable, but in no event later than 5 years
after July 26, 1990; and
(ii) a number of spaces -
(I) to park and secure wheelchairs (to accommodate
individuals who wish to remain in their wheelchairs) equal
to not less than the total number of single-level rail
passenger coaches in such train; and
(II) to fold and store wheelchairs (to accommodate
individuals who wish to transfer to coach seats) equal to
not less than the total number of single-level rail
passenger coaches in such train,
as soon as practicable, but in no event later than 10 years
after July 26, 1990.
(B) Location
Spaces required by subparagraph (A) shall be located in
single-level rail passenger coaches or food service cars.
(C) Limitation
Of the number of spaces required on a train by subparagraph
(A), not more than two spaces to park and secure wheelchairs
nor more than two spaces to fold and store wheelchairs shall be
located in any one coach or food service car.
(D) Other accessibility features
Single-level rail passenger coaches and food service cars on
which the spaces required by subparagraph (A) are located shall
have a restroom usable by an individual who uses a wheelchair
and shall be able to be entered from the station platform by an
individual who uses a wheelchair.
(4) Food service
(A) Single-level dining cars
On any train in which a single-level dining car is used to
provide food service -
(i) if such single-level dining car was purchased after
July 26, 1990, table service in such car shall be provided to
a passenger who uses a wheelchair if -
(I) the car adjacent to the end of the dining car through
which a wheelchair may enter is itself accessible to a
wheelchair;
(II) such passenger can exit to the platform from the car
such passenger occupies, move down the platform, and enter
the adjacent accessible car described in subclause (I)
without the necessity of the train being moved within the
station; and
(III) space to park and secure a wheelchair is available
in the dining car at the time such passenger wishes to eat
(if such passenger wishes to remain in a wheelchair), or
space to store and fold a wheelchair is available in the
dining car at the time such passenger wishes to eat (if
such passenger wishes to transfer to a dining car seat);
and
(ii) appropriate auxiliary aids and services, including a
hard surface on which to eat, shall be provided to ensure
that other equivalent food service is available to
individuals with disabilities, including individuals who use
wheelchairs, and to passengers traveling with such
individuals.
Unless not practicable, a person providing intercity rail
transportation shall place an accessible car adjacent to the
end of a dining car described in clause (i) through which an
individual who uses a wheelchair may enter.
(B) Bi-level dining cars
On any train in which a bi-level dining car is used to
provide food service -
(i) if such train includes a bi-level lounge car purchased
after July 26, 1990, table service in such lounge car shall
be provided to individuals who use wheelchairs and to other
passengers; and
(ii) appropriate auxiliary aids and services, including a
hard surface on which to eat, shall be provided to ensure
that other equivalent food service is available to
individuals with disabilities, including individuals who use
wheelchairs, and to passengers traveling with such
individuals.
(b) Commuter rail transportation
(1) One car per train rule
It shall be considered discrimination for purposes of section
12132 of this title and section 794 of title 29 for a person who
provides commuter rail transportation to fail to have at least
one passenger car per train that is readily accessible to and
usable by individuals with disabilities, including individuals
who use wheelchairs, in accordance with regulations issued under
section 12164 of this title, as soon as practicable, but in no
event later than 5 years after July 26, 1990.
(2) New commuter rail cars
(A) General rule
It shall be considered discrimination for purposes of section
12132 of this title and section 794 of title 29 for a person to
purchase or lease any new rail passenger cars for use in
commuter rail transportation, and for which a solicitation is
made later than 30 days after July 26, 1990, unless all such
rail cars are readily accessible to and usable by individuals
with disabilities, including individuals who use wheelchairs,
as prescribed by the Secretary of Transportation in regulations
issued under section 12164 of this title.
(B) Accessibility
For purposes of section 12132 of this title and section 794
of title 29, a requirement that a rail passenger car used in
commuter rail transportation be accessible to or readily
accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs, shall not be
construed to require -
(i) a restroom usable by an individual who uses a
wheelchair if no restroom is provided in such car for any
passenger;
(ii) space to fold and store a wheelchair; or
(iii) a seat to which a passenger who uses a wheelchair can
transfer.
(c) Used rail cars
It shall be considered discrimination for purposes of section
12132 of this title and section 794 of title 29 for a person to
purchase or lease a used rail passenger car for use in intercity or
commuter rail transportation, unless such person makes demonstrated
good faith efforts to purchase or lease a used rail car that is
readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs, as prescribed by the
Secretary of Transportation in regulations issued under section
12164 of this title.
(d) Remanufactured rail cars
(1) Remanufacturing
It shall be considered discrimination for purposes of section
12132 of this title and section 794 of title 29 for a person to
remanufacture a rail passenger car for use in intercity or
commuter rail transportation so as to extend its usable life for
10 years or more, unless the rail car, to the maximum extent
feasible, is made readily accessible to and usable by individuals
with disabilities, including individuals who use wheelchairs, as
prescribed by the Secretary of Transportation in regulations
issued under section 12164 of this title.
(2) Purchase or lease
It shall be considered discrimination for purposes of section
12132 of this title and section 794 of title 29 for a person to
purchase or lease a remanufactured rail passenger car for use in
intercity or commuter rail transportation unless such car was
remanufactured in accordance with paragraph (1).
(e) Stations
(1) New stations
It shall be considered discrimination for purposes of section
12132 of this title and section 794 of title 29 for a person to
build a new station for use in intercity or commuter rail
transportation that is not readily accessible to and usable by
individuals with disabilities, including individuals who use
wheelchairs, as prescribed by the Secretary of Transportation in
regulations issued under section 12164 of this title.
(2) Existing stations
(A) Failure to make readily accessible
(i) General rule
It shall be considered discrimination for purposes of
section 12132 of this title and section 794 of title 29 for a
responsible person to fail to make existing stations in the
intercity rail transportation system, and existing key
stations in commuter rail transportation systems, readily
accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs, as prescribed by
the Secretary of Transportation in regulations issued under
section 12164 of this title.
(ii) Period for compliance
(I) Intercity rail
All stations in the intercity rail transportation system
shall be made readily accessible to and usable by
individuals with disabilities, including individuals who
use wheelchairs, as soon as practicable, but in no event
later than 20 years after July 26, 1990.
(II) Commuter rail
Key stations in commuter rail transportation systems
shall be made readily accessible to and usable by
individuals with disabilities, including individuals who
use wheelchairs, as soon as practicable but in no event
later than 3 years after July 26, 1990, except that the
time limit may be extended by the Secretary of
Transportation up to 20 years after July 26, 1990, in a
case where the raising of the entire passenger platform is
the only means available of attaining accessibility or
where other extraordinarily expensive structural changes
are necessary to attain accessibility.
(iii) Designation of key stations
Each commuter authority shall designate the key stations in
its commuter rail transportation system, in consultation with
individuals with disabilities and organizations representing
such individuals, taking into consideration such factors as
high ridership and whether such station serves as a transfer
or feeder station. Before the final designation of key
stations under this clause, a commuter authority shall hold a
public hearing.
(iv) Plans and milestones
The Secretary of Transportation shall require the
appropriate person to develop a plan for carrying out this
subparagraph that reflects consultation with individuals with
disabilities affected by such plan and that establishes
milestones for achievement of the requirements of this
subparagraph.
(B) Requirement when making alterations
(i) General rule
It shall be considered discrimination, for purposes of
section 12132 of this title and section 794 of title 29, with
respect to alterations of an existing station or part thereof
in the intercity or commuter rail transportation systems that
affect or could affect the usability of the station or part
thereof, for the responsible person, owner, or person in
control of the station to fail to make the alterations in
such a manner that, to the maximum extent feasible, the
altered portions of the station are readily accessible to and
usable by individuals with disabilities, including
individuals who use wheelchairs, upon completion of such
alterations.
(ii) Alterations to a primary function area
It shall be considered discrimination, for purposes of
section 12132 of this title and section 794 of title 29, with
respect to alterations that affect or could affect the
usability of or access to an area of the station containing a
primary function, for the responsible person, owner, or
person in control of the station to fail to make the
alterations in such a manner that, to the maximum extent
feasible, the path of travel to the altered area, and the
bathrooms, telephones, and drinking fountains serving the
altered area, are readily accessible to and usable by
individuals with disabilities, including individuals who use
wheelchairs, upon completion of such alterations, where such
alterations to the path of travel or the bathrooms,
telephones, and drinking fountains serving the altered area
are not disproportionate to the overall alterations in terms
of cost and scope (as determined under criteria established
by the Attorney General).
(C) Required cooperation
It shall be considered discrimination for purposes of section
12132 of this title and section 794 of title 29 for an owner,
or person in control, of a station governed by subparagraph (A)
or (B) to fail to provide reasonable cooperation to a
responsible person with respect to such station in that
responsible person's efforts to comply with such subparagraph.
An owner, or person in control, of a station shall be liable to
a responsible person for any failure to provide reasonable
cooperation as required by this subparagraph. Failure to
receive reasonable cooperation required by this subparagraph
shall not be a defense to a claim of discrimination under this
chapter.