Title 42The Public Health and WelfareRelease 119-73

§12165 Interim accessibility requirements

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 › § 12165

Last updated Apr 6, 2026|Official source

Summary

If final federal rules are not yet issued, new buildings or major changes that get a valid state or local building permit before those rules must follow the Uniform Federal Accessibility Standards that were in effect when the permit was issued. The work must start within one year of getting the permit and be finished under that permit. If final rules still aren’t issued one year after the Architectural and Transportation Barriers Compliance Board issues the required supplemental minimum guidelines under section 12204(a), then those supplemental guidelines must be followed instead. If final rules are not issued, a person is treated as meeting the accessibility rules for a rail passenger car if the car’s design follows the accessibility laws and regulations in effect when the design is mostly finished, including the Minimum Guidelines and any supplemental guidelines under section 12204(a), as long as those rules do not conflict with this part.

Full Legal Text

Title 42, §12165

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

(a)If final regulations have not been issued pursuant to section 12164 of this title, 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 such 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 stations be readily accessible to and usable by persons with disabilities as required under section 12162(e) 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 stations be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations.
(b)If final regulations have not been issued pursuant to section 12164 of this title, a person shall be considered to have complied with the requirements of section 12162(a) through (d) of this title that a rail passenger car be readily accessible to and usable by individuals with disabilities, if the design for such 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 cars, to the extent that such laws and regulations are not inconsistent with this subpart and are in effect at the time such design is substantially completed.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 18 months after July 26, 1990, see section 246(a) of Pub. L. 101–336, set out as a note under section 12161 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 12165

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73