Title 42, The Public Health and WelfareRelease 119-110

§12142 Public Entities Operating Fixed Route Systems

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

Last updated Sep 22, 2026|Official source

Summary

Public transit agencies that run fixed routes must not buy or lease new buses, rail cars, or other vehicles for the system after the 30th day following July 26, 1990 if those vehicles are not accessible to people with disabilities, including wheelchair users. For used vehicles bought or leased after that date, agencies must show they tried in good faith to get a used vehicle that is accessible. Agencies also may not remanufacture a vehicle to extend its useful life by 5 years or more, or buy such a remanufactured vehicle during that extended life, unless it is made as accessible as possible. If a route or part of it is on the National Register of Historic Places and making a historic vehicle accessible would significantly change its historic character, the agency only has to make changes that do not significantly alter that character. The Secretary will issue rules that define what counts as a historic vehicle.

Full Legal Text

Title 42, §12142

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

(a)Purchase and lease of new vehicles
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)Purchase and lease of used vehicles
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)Remanufactured vehicles
(1)General rule
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;
unless, after remanufacture, the vehicle is, to the maximum extent feasible, readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.
(2)Exception for historic vehicles
(A)General rule
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)Vehicles of historic character defined by regulations
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 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110