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§12143 Paratransit as a Complement to Fixed Route Service

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 › § 12143

Last updated Sep 22, 2026|Official source

Summary

Public transit agencies that run regular bus or rail routes (but not ones that only run commuter buses) must offer paratransit and other special rides for people with disabilities. The service must be similar to the usual public service that others get, and pickup times should be similar when possible. The help must be available for people who cannot get on, ride, or get off normal vehicles without help; for people who need a lift when an accessible vehicle isn’t available at the time they want to travel; and for people whose condition keeps them from getting to or from a stop. One companion may ride with the person, and more companions may ride if there is room and it won’t stop service to people with disabilities. These services must cover the agency’s service area except parts that only have commuter buses. The Secretary must issue final rules within 1 year after July 26, 1990. The rules must set minimum service levels, require public hearings and input from people with disabilities, and make each agency file and start a plan within 18 months after July 26, 1990 and then update and start a new plan every year. Plans must name any other providers in the area; if someone else already gives the service, the agency may not have to. If an agency shows to the Secretary that following the rules would cause an undue financial burden, it may limit services, though the Secretary can in some cases require more. The Secretary will review plans, reject ones that fail to meet the rules, and an agency must fix a rejected plan within 90 days. Not following these planning or service rules counts as discrimination. Agencies may also choose to offer more or serve more people than required.

Title 42, §12143

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

(a)General rule

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 (other than a system which provides solely commuter bus service) to fail to provide with respect to the operations of its fixed route system, in accordance with this section, paratransit and other special transportation services to individuals with disabilities, including individuals who use wheelchairs, that are sufficient to provide to such individuals a level of service (1) which is comparable to the level of designated public transportation services provided to individuals without disabilities using such system; or (2) in the case of response time, which is comparable, to the extent practicable, to the level of designated public transportation services provided to individuals without disabilities using such system.

(b)Issuance of regulations

Not later than 1 year after July 26, 1990, the Secretary shall issue final regulations to carry out this section.

(c)Required contents of regulations

(1)Eligible recipients of service

The regulations issued under this section shall require each public entity which operates a fixed route system to provide the paratransit and other special transportation services required under this section— (A)

(B)to one other individual accompanying the individual with the disability; and

(C)to other individuals, in addition to the one individual described in subparagraph (B), accompanying the individual with a disability provided that space for these additional individuals is available on the paratransit vehicle carrying the individual with a disability and that the transportation of such additional individuals will not result in a denial of service to individuals with disabilities.

For purposes of clauses (i) and (ii) of subparagraph (A), boarding or disembarking from a vehicle does not include travel to the boarding location or from the disembarking location.

(2)Service area

The regulations issued under this section shall require the provision of paratransit and special transportation services required under this section in the service area of each public entity which operates a fixed route system, other than any portion of the service area in which the public entity solely provides commuter bus service.

(3)Service criteria

Subject to paragraphs (1) and (2), the regulations issued under this section shall establish minimum service criteria for determining the level of services to be required under this section.

(4)Undue financial burden limitation

The regulations issued under this section shall provide that, if the public entity is able to demonstrate to the satisfaction of the Secretary that the provision of paratransit and other special transportation services otherwise required under this section would impose an undue financial burden on the public entity, the public entity, notwithstanding any other provision of this section (other than paragraph (5)), shall only be required to provide such services to the extent that providing such services would not impose such a burden.

(5)Additional services

The regulations issued under this section shall establish circumstances under which the Secretary may require a public entity to provide, notwithstanding paragraph (4), paratransit and other special transportation services under this section beyond the level of paratransit and other special transportation services which would otherwise be required under paragraph (4).

(6)Public participation

The regulations issued under this section shall require that each public entity which operates a fixed route system hold a public hearing, provide an opportunity for public comment, and consult with individuals with disabilities in preparing its plan under paragraph (7).

(7)Plans

The regulations issued under this section shall require that each public entity which operates a fixed route system—

(A)within 18 months after July 26, 1990, submit to the Secretary, and commence implementation of, a plan for providing paratransit and other special transportation services which meets the requirements of this section; and

(B)on an annual basis thereafter, submit to the Secretary, and commence implementation of, a plan for providing such services.

(8)Provision of services by others

The regulations issued under this section shall—

(A)require that a public entity submitting a plan to the Secretary under this section identify in the plan any person or other public entity which is providing a paratransit or other special transportation service for individuals with disabilities in the service area to which the plan applies; and

(B)provide that the public entity submitting the plan does not have to provide under the plan such service for individuals with disabilities.

(9)Other provisions

The regulations issued under this section shall include such other provisions and requirements as the Secretary determines are necessary to carry out the objectives of this section.

(d)Review of plan

(1)General rule

The Secretary shall review a plan submitted under this section for the purpose of determining whether or not such plan meets the requirements of this section, including the regulations issued under this section.

(2)Disapproval

If the Secretary determines that a plan reviewed under this subsection fails to meet the requirements of this section, the Secretary shall disapprove the plan and notify the public entity which submitted the plan of such disapproval and the reasons therefor.

(3)Modification of disapproved plan

Not later than 90 days after the date of disapproval of a plan under this subsection, the public entity which submitted the plan shall modify the plan to meet the requirements of this section and shall submit to the Secretary, and commence implementation of, such modified plan.

(e)“Discrimination” defined

As used in subsection (a), the term “discrimination” includes—

(1)a failure of a public entity to which the regulations issued under this section apply to submit, or commence implementation of, a plan in accordance with subsections (c)(6) and (c)(7);

(2)a failure of such entity to submit, or commence implementation of, a modified plan in accordance with subsection (d)(3);

(3)submission to the Secretary of a modified plan under subsection (d)(3) which does not meet the requirements of this section; or

(4)a failure of such entity to provide paratransit or other special transportation services in accordance with the plan or modified plan the public entity submitted to the Secretary under this section.

(f)Statutory construction

Nothing in this section shall be construed as preventing a public entity—

(1)from providing paratransit or other special transportation services at a level which is greater than the level of such services which are required by this section,

(2)from providing paratransit or other special transportation services in addition to those paratransit and special transportation services required by this section, or

(3)from providing such services to individuals in addition to those individuals to whom such services are required to be provided by this section.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Subsec. (a) of this section effective 18 months after

July 26, 1990, and subsecs. (b) to (f) 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. Paratransit System Under FTA Approved Coordinated Plan Pub. L. 114–94, div. A, title III, § 3023, Dec. 4, 2015, 129 Stat. 1494, provided that: “Notwithstanding the provisions of section 37.131(c) of title 49, Code of Federal

Regulations

, any paratransit system currently coordinating complementary paratransit service for more than 40 fixed route agencies shall be permitted to continue using an existing tiered, distance-based coordinated paratransit fare system, if the fare for the existing tiered, distance-based coordinated paratransit fare system is not increased by a greater percentage than any increase to the fixed route fare for the largest transit agency in the complementary paratransit service area.”