Title 42The Public Health and WelfareRelease 119-73

§12148 Public transportation programs and activities in existing facilities and one car per train rule

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 › § 12148

Last updated Apr 6, 2026|Official source

Summary

Public transit agencies must run services in existing stations and buildings so that, when you look at the whole program, people with disabilities can easily get to and use the services. That is considered discrimination under federal disability civil-rights laws if they do not. Agencies do not have to make structural changes to old buildings unless other parts of the law about alterations or key stations say they must. Also, if a wheelchair user could not use a particular service at a facility, the agency does not have to provide that specific service to them there. For trains made of two or more cars, the agency must have at least one car per train that is accessible to people with disabilities, including wheelchair users, as soon as possible but no later than the last day of the 5-year period beginning on the effective date of this section. If a remanufactured historic rail car on the National Register would lose its historic character by becoming fully accessible, the agency only has to make the accessibility changes required by section 12142(c)(1) that do not significantly alter the car’s historic character.

Full Legal Text

Title 42, §12148

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

(a)(1)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)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)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)(1)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The

Effective Date

of this section, referred to in subsec. (b)(1), probably means the

Effective Date

of subsec. (b), which is effective on date of enactment of Pub. L. 101–336, which was approved July 26, 1990. The

Effective Date

of subsec. (a) is 18 months after July 26, 1990. See section 231 of Pub. L. 101–336, set out as an

Effective Date

note under section 12141 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Subsec. (a) of this section effective 18 months after
July 26, 1990, and subsec. (b) of this section effective
July 26, 1990, see section 231 of Pub. L. 101–336, set out as a note under section 12141 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 12148

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73