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U.S. Code as of:
01/19/04
Section 12186. Regulations
(a) Transportation provisions
(1) General rule
Not later than 1 year after July 26, 1990, the Secretary of
Transportation shall issue regulations in an accessible format to
carry out sections )1(! 12182(b)(2)(B) and (C) of this title and
to carry out section 12184 of this title (other than subsection
(b)(4)).
(2) Special rules for providing access to over-the-road buses
(A) Interim requirements
(i) Issuance
Not later than 1 year after July 26, 1990, the Secretary of
Transportation shall issue regulations in an accessible
format to carry out sections 12184(b)(4) and
12182(b)(2)(D)(ii) of this title that require each private
entity which uses an over-the-road bus to provide
transportation of individuals to provide accessibility to
such bus; except that such regulations shall not require any
structural changes in over-the-road buses in order to provide
access to individuals who use wheelchairs during the
effective period of such regulations and shall not require
the purchase of boarding assistance devices to provide access
to such individuals.
(ii) Effective period
The regulations issued pursuant to this subparagraph shall
be effective until the effective date of the regulations
issued under subparagraph (B).
(B) Final requirement
(i) Review of study and interim requirements
The Secretary shall review the study submitted under
section 12185 of this title and the regulations issued
pursuant to subparagraph (A).
(ii) Issuance
Not later than 1 year after the date of the submission of
the study under section 12185 of this title, the Secretary
shall issue in an accessible format new regulations to carry
out sections 12184(b)(4) and 12182(b)(2)(D)(ii) of this title
that require, taking into account the purposes of the study
under section 12185 of this title and any recommendations
resulting from such study, each private entity which uses an
over-the-road bus to provide transportation to individuals to
provide accessibility to such bus to individuals with
disabilities, including individuals who use wheelchairs.
(iii) Effective period
Subject to section 12185(d) of this title, the regulations
issued pursuant to this subparagraph shall take effect -
(I) with respect to small providers of transportation (as
defined by the Secretary), 3 years after the date of
issuance of final regulations under clause (ii); and
(II) with respect to other providers of transportation, 2
years after the date of issuance of such final regulations.
(C) Limitation on requiring installation of accessible
restrooms
The regulations issued pursuant to this paragraph shall not
require the installation of accessible restrooms in
over-the-road buses if such installation would result in a loss
of seating capacity.
(3) Standards
The regulations issued pursuant to this subsection shall
include standards applicable to facilities and vehicles covered
by sections 12182(b)(2) and 12184 of this title.
(b) Other provisions
Not later than 1 year after July 26, 1990, the Attorney General
shall issue regulations in an accessible format to carry out the
provisions of this subchapter not referred to in subsection (a) of
this section that include standards applicable to facilities and
vehicles covered under section 12182 of this title.
(c) Consistency with ATBCB guidelines
Standards included in regulations issued under subsections (a)
and (b) of this section shall be consistent with the minimum
guidelines and requirements issued by the Architectural and
Transportation Barriers Compliance Board in accordance with section
12204 of this title.
(d) Interim accessibility standards
(1) Facilities
If final regulations have not been issued pursuant to this
section, for new construction or alterations for which a valid
and appropriate State or local building permit is obtained prior
to the issuance of final regulations under this section, and for
which the construction or alteration authorized by such permit
begins within one year of the receipt of such permit and is
completed under the terms of such permit, compliance with the
Uniform Federal Accessibility Standards in effect at the time the
building permit is issued shall suffice to satisfy the
requirement that facilities be readily accessible to and usable
by persons with disabilities as required under section 12183 of
this title, except that, if such final regulations have not been
issued one year after the Architectural and Transportation
Barriers Compliance Board has issued the supplemental minimum
guidelines required under section 12204(a) of this title,
compliance with such supplemental minimum guidelines shall be
necessary to satisfy the requirement that facilities be readily
accessible to and usable by persons with disabilities prior to
issuance of the final regulations.
(2) Vehicles and rail passenger cars
If final regulations have not been issued pursuant to this
section, a private entity shall be considered to have complied
with the requirements of this subchapter, if any, that a vehicle
or rail passenger car be readily accessible to and usable by
individuals with disabilities, if the design for such vehicle or
car complies with the laws and regulations (including the Minimum
Guidelines and Requirements for Accessible Design and such
supplemental minimum guidelines as are issued under section
12204(a) of this title) governing accessibility of such vehicles
or cars, to the extent that such laws and regulations are not
inconsistent with this subchapter and are in effect at the time
such design is substantially completed.
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