Title 42The Public Health and WelfareRelease 119-73

§12142 Public entities operating fixed route systems

Title 42 › Chapter CHAPTER 126— - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES › Subchapter SUBCHAPTER II— - PUBLIC SERVICES › Part Part B— - Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory › Subpart subpart i— - public transportation other than by aircraft or certain rail operations › § 12142

Last updated Apr 6, 2026|Official source

Summary

Public transit agencies that run fixed routes must treat buying or leasing inaccessible new buses, rapid rail cars, light rail cars, or other new vehicles after the 30th day following July 26, 1990 as discrimination under federal disability laws. New vehicles must be easy to get into and use for people with disabilities, including people who use wheelchairs. For used vehicles bought or leased after that same date, agencies must show they made good faith efforts to get used vehicles that are accessible. Agencies must also not remanufacture a vehicle so its service life is extended 5 years or more, or buy/lease such a remanufactured vehicle, if that work or purchase happens after the 30th day following July 26, 1990, unless the vehicle meets the accessibility rules. If a route uses a vehicle listed on the National Register of Historic Places and making it fully accessible would seriously change its historic character, the agency only has to make accessibility changes that are needed and that do not significantly alter the vehicle’s historic character. The Secretary’s regulations define what counts as a vehicle of historic character.

Full Legal Text

Title 42, §12142

The Public Health and Welfare — Source: USLM XML via OLRC

(a)It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a public entity which operates a fixed route system to purchase or lease a new bus, a new rapid rail vehicle, a new light rail vehicle, or any other new vehicle to be used on such system, if the solicitation for such purchase or lease is made after the 30th day following July 26, 1990, and if such bus, rail vehicle, or other vehicle is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.
(b)Subject to subsection (c)(1), it shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a public entity which operates a fixed route system to purchase or lease, after the 30th day following July 26, 1990, a used vehicle for use on such system unless such entity makes demonstrated good faith efforts to purchase or lease a used vehicle for use on such system that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.
(c)(1)Except as provided in paragraph (2), it shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a public entity which operates a fixed route system—
(A)to remanufacture a vehicle for use on such system so as to extend its usable life for 5 years or more, which remanufacture begins (or for which the solicitation is made) after the 30th day following July 26, 1990; or
(B)to purchase or lease for use on such system a remanufactured vehicle which has been remanufactured so as to extend its usable life for 5 years or more, which purchase or lease occurs after such 30th day and during the period in which the usable life is extended;
(2)(A)If a public entity operates a fixed route system any segment of which is included on the National Register of Historic Places and if making a vehicle of historic character to be used solely on such segment readily accessible to and usable by individuals with disabilities would significantly alter the historic character of such vehicle, the public entity only has to make (or to purchase or lease a remanufactured vehicle with) those modifications which are necessary to meet the requirements of paragraph (1) and which do not significantly alter the historic character of such vehicle.
(B)For purposes of this paragraph and section 12148(b) of this title, a vehicle of historic character shall be defined by the regulations issued by the Secretary to carry out this subsection.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective July 26, 1990, see section 231(b) of Pub. L. 101–336, set out as a note under section 12141 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 12142

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73