§12161 — Title 42 The Public Health and Welfare | U.S. Code

§12161 Definitions

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 ii— - public transportation by intercity and commuter rail › § 12161

Last updated Apr 6, 2026|Official source

Summary

Defines key words used in this part about passenger rail service. “Commuter authority” means whatever the federal commuter-rail law says it means. “Commuter rail transportation” has the same meaning as “commuter rail passenger transportation” in federal law. “Intercity rail transportation” means service provided by the National Railroad Passenger Corporation. “Rail passenger car” covers single- and bi-level coach, dining, sleeping, lounge, and food-service cars used on intercity trains. “Responsible person” means: if a station is more than 50% owned by a public body, that public body is responsible; if more than 50% is privately owned, the rail carriers that serve the station are responsible as fairly allocated by the Secretary of Transportation’s rules; if no one owns more than 50%, responsibility is shared by the rail carriers and the nonprivate owners as fairly allocated by those rules. “Station” means the part of property next to the tracks that the public uses for intercity or commuter trains (for example platforms, waiting areas, ticketing areas, restrooms, and, when a public provider owns and controls the site, concession areas) and does not include flag stops.

Title 42, §12161

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

As used in this subpart:

(1)The term “commuter authority” has the meaning given such term in section 24102(4) 11 See References in Text note below. of title 49.

(2)The term “commuter rail transportation” has the meaning given the term “commuter rail passenger transportation” in section 24102(5) 1 of title 49.

(3)The term “intercity rail transportation” means transportation provided by the National Railroad Passenger Corporation.

(4)The term “rail passenger car” means, with respect to intercity rail transportation, single-level and bi-level coach cars, single-level and bi-level dining cars, single-level and bi-level sleeping cars, single-level and bi-level lounge cars, and food service cars.

(5)The term “responsible person” means—

(A)in the case of a station more than 50 percent of which is owned by a public entity, such public entity;

(B)in the case of a station more than 50 percent of which is owned by a private party, the persons providing intercity or commuter rail transportation to such station, as allocated on an equitable basis by regulation by the Secretary of Transportation; and

(C)in a case where no party owns more than 50 percent of a station, the persons providing intercity or commuter rail transportation to such station and the owners of the station, other than private party owners, as allocated on an equitable basis by regulation by the Secretary of Transportation.

(6)The term “station” means the portion of a property located appurtenant to a right-of-way on which intercity or commuter rail transportation is operated, where such portion is used by the general public and is related to the provision of such transportation, including passenger platforms, designated waiting areas, ticketing areas, restrooms, and, where a public entity providing rail transportation owns the property, concession areas, to the extent that such public entity exercises control over the selection, design, construction, or alteration of the property, but such term does not include flag stops.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Section 24102 of title 49, referred to in pars. (1) and (2), was subsequently amended, and pars. (4) and (5) of section 24102 no longer define “commuter authority” and “commuter rail passenger transportation”, respectively. However, such terms are defined elsewhere in that section. Codification In pars. (1) and (2), “section 24102(4) of title 49” substituted for “section 103(8) of the Rail Passenger Service Act (45 U.S.C. 502(8))” and “section 24102(5) of title 49” substituted for “section 103(9) of the Rail Passenger Service Act (45 U.S.C. 502(9))” on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.

Amendments

1996—Par. (2). Pub. L. 104–287 substituted “commuter rail passenger transportation” for “commuter service”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 101–336, title II, § 246,

July 26, 1990, 104 Stat. 353, provided that: “(a) General Rule.—Except as provided in subsection (b), this part [part II (§§ 241–246) of subtitle B of title II of Pub. L. 101–336, enacting this subpart] shall become effective 18 months after the date of enactment of this Act [

July 26, 1990]. “(b) Exception.—section 242 and 244 [section 12162 and 12164 of this title] shall become effective on the date of enactment of this Act.”