§12186 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary of Transportation must, within 1 year after July 26, 1990, make rules in an accessible format to carry out parts of sections 12182 and 12184. Also within that year, the Secretary must make temporary rules so companies using over-the-road buses provide access. Those temporary rules cannot force structural changes to buses or require buying boarding-assist devices while they are in effect. After reviewing the study under section 12185, the Secretary must, within 1 year of that study’s submission, issue final rules requiring over-the-road buses to be accessible to people with disabilities, including wheelchair users. Small providers get 3 years to comply with those final rules and other providers get 2 years. The rules do not have to require adding accessible restrooms on buses if that would reduce seating. The regulations must include standards for the covered facilities and vehicles. The Attorney General must also, within 1 year after July 26, 1990, make accessible-format rules for the rest of this part of the law. All rules from the Secretary and the Attorney General must follow the minimum guidelines the Architectural and Transportation Barriers Compliance Board issues under section 12204. If final rules are not yet issued, then for new building work with a valid state or local permit obtained before the final rules, and that starts within one year of the permit and is finished under that permit, following the Uniform Federal Accessibility Standards in effect when the permit was issued is sufficient; but if final rules are still missing one year after the Board issues the supplemental minimum guidelines under section 12204(a), those supplemental guidelines must be followed. For vehicles or rail passenger cars, designs are treated as compliant if they follow the accessibility laws and regulations (including the Minimum Guidelines and any supplemental guidelines issued under section 12204(a)) that were in effect when the design was substantially completed, so long as those laws and rules do not conflict with this part of the law.

Title 42, §12186

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

(a)(1)Not later than 1 year after July 26, 1990, the Secretary of Transportation shall issue regulations in an accessible format to carry out section 11 So in original. Probably should be “section”. 12182(b)(2)(B) and (C) of this title and to carry out section 12184 of this title (other than subsection (b)(4)).

(2)(A)(i)Not later than 1 year after July 26, 1990, the Secretary of Transportation shall issue regulations in an accessible format to carry out section 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)The regulations issued pursuant to this subparagraph shall be effective until the effective date of the regulations issued under subparagraph (B).

(B)(i)The Secretary shall review the study submitted under section 12185 of this title and the regulations issued pursuant to subparagraph (A).

(ii)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 section 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)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)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)The regulations issued pursuant to this subsection shall include standards applicable to facilities and vehicles covered by section 12182(b)(2) and 12184 of this title.

(b)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) that include standards applicable to facilities and vehicles covered under section 12182 of this title.

(c)Standards included in regulations issued under subsections (a) and (b) 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)(1)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)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1995—Subsec. (a)(2)(B)(iii). Pub. L. 104–59 substituted “3 years after the date of issuance of final

Regulations

under clause (ii)” for “7 years after July 26, 1990” in subcl. (I) and “2 years after the date of issuance of such final

Regulations

” for “6 years after July 26, 1990” in subcl. (II).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective July 26, 1990, see section 310(c) of Pub. L. 101–336, set out as a note under section 12181 of this title.

§12186 Regulations

Summary

Title 42, §12186

Notes & Related Subsidiaries

Editorial Notes

Amendments

Regulations

Regulations

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata