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U.S. Code as of:
01/19/04
Section 12184. Prohibition of discrimination in specified public transportation services provided by private entities
(a) General rule
No individual shall be discriminated against on the basis of
disability in the full and equal enjoyment of specified public
transportation services provided by a private entity that is
primarily engaged in the business of transporting people and whose
operations affect commerce.
(b) Construction
For purposes of subsection (a) of this section, discrimination
includes -
(1) the imposition or application by a )1(! entity described in
subsection (a) of this section of eligibility criteria that
screen out or tend to screen out an individual with a disability
or any class of individuals with disabilities from fully enjoying
the specified public transportation services provided by the
entity, unless such criteria can be shown to be necessary for the
provision of the services being offered;
(2) the failure of such entity to -
(A) make reasonable modifications consistent with those
required under section 12182(b)(2)(A)(ii) of this title;
(B) provide auxiliary aids and services consistent with the
requirements of section 12182(b)(2)(A)(iii) of this title; and
(C) remove barriers consistent with the requirements of
section 12182(b)(2)(A) of this title and with the requirements
of section 12183(a)(2) of this title;
(3) the purchase or lease by such entity of a new vehicle
(other than an automobile, a van with a seating capacity of less
than 8 passengers, including the driver, or an over-the-road bus)
which is to be used to provide specified public transportation
and for which a solicitation is made after the 30th day following
the effective date of this section, that is not readily
accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs; except that the new
vehicle need not be readily accessible to and usable by such
individuals if the new vehicle is to be used solely in a demand
responsive system and if the entity can demonstrate that such
system, when viewed in its entirety, provides a level of service
to such individuals equivalent to the level of service provided
to the general public;
(4)(A) the purchase or lease by such entity of an over-the-road
bus which does not comply with the regulations issued under
section 12186(a)(2) of this title; and
(B) any other failure of such entity to comply with such
regulations; and
(5) the purchase or lease by such entity of a new van with a
seating capacity of less than 8 passengers, including the driver,
which is to be used to provide specified public transportation
and for which a solicitation is made after the 30th day following
the effective date of this section that is not readily accessible
to or usable by individuals with disabilities, including
individuals who use wheelchairs; except that the new van need not
be readily accessible to and usable by such individuals if the
entity can demonstrate that the system for which the van is being
purchased or leased, when viewed in its entirety, provides a
level of service to such individuals equivalent to the level of
service provided to the general public;
(6) the purchase or lease by such entity of a new rail
passenger car that is to be used to provide specified public
transportation, and for which a solicitation is made later than
30 days after the effective date of this paragraph, that is not
readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs; and
(7) the remanufacture by such entity of a rail passenger car
that is to be used to provide specified public transportation so
as to extend its usable life for 10 years or more, or the
purchase or lease by such entity of such a rail car, 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.
(c) Historical or antiquated cars
(1) Exception
To the extent that compliance with subsection (b)(2)(C) or
(b)(7) of this section would significantly alter the historic or
antiquated character of a historical or antiquated rail passenger
car, or a rail station served exclusively by such cars, or would
result in violation of any rule, regulation, standard, or order
issued by the Secretary of Transportation under the Federal
Railroad Safety Act of 1970, such compliance shall not be
required.
(2) Definition
As used in this subsection, the term "historical or antiquated
rail passenger car" means a rail passenger car -
(A) which is not less than 30 years old at the time of its
use for transporting individuals;
(B) the manufacturer of which is no longer in the business of
manufacturing rail passenger cars; and
(C) which -
(i) has a consequential association with events or persons
significant to the past; or
(ii) embodies, or is being restored to embody, the
distinctive characteristics of a type of rail passenger car
used in the past, or to represent a time period which has
passed.
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