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§12145 Temporary Relief Where Lifts Are Unavailable

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 › § 12145

Last updated Sep 22, 2026|Official source

Summary

A public transit agency may ask the Secretary for temporary permission not to buy new buses with wheelchair lifts. To get that permission, the agency must show four things: its original bid request required lift-equipped, accessible buses; no qualified manufacturer can supply the needed lifts; the agency tried in good faith to find a supplier who could deliver lifts in time; and waiting for lifts would seriously harm local transit service. Any permission must end by a set date, and the appropriate congressional committees must be told. If the Secretary has good reason to think the agency lied to get the permission, the Secretary can cancel it and take other action.

Title 42, §12145

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

(a)Granting

With respect to the purchase of new buses, a public entity may apply for, and the Secretary may temporarily relieve such public entity from the obligation under section 12142(a) or 12144 of this title to purchase new buses that are readily accessible to and usable by individuals with disabilities if such public entity demonstrates to the satisfaction of the Secretary—

(1)that the initial solicitation for new buses made by the public entity specified that all new buses were to be lift-equipped and were to be otherwise accessible to and usable by individuals with disabilities;

(2)the unavailability from any qualified manufacturer of hydraulic, electromechanical, or other lifts for such new buses;

(3)that the public entity seeking temporary relief has made good faith efforts to locate a qualified manufacturer to supply the lifts to the manufacturer of such buses in sufficient time to comply with such solicitation; and

(4)that any further delay in purchasing new buses necessary to obtain such lifts would significantly impair transportation services in the community served by the public entity.

(b)Duration and notice to Congress

Any relief granted under subsection (a) shall be limited in duration by a specified date, and the appropriate committees of Congress shall be notified of any such relief granted.

(c)Fraudulent application

If, at any time, the Secretary has reasonable cause to believe that any relief granted under subsection (a) was fraudulently applied for, the Secretary shall—

(1)cancel such relief if such relief is still in effect; and

(2)take such other action as the Secretary considers appropriate.

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.

§12145 Temporary Relief Where Lifts Are Unavailable

Summary

Title 42, §12145

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata