Title 42The Public Health and WelfareRelease 119-73not60

§12148 Public Transportation Programs and Activities in Existing Facilities and One Car Per Train Rule

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 › § 12148

Last updated Apr 5, 2026|Official source

Summary

Public transit run in existing buildings must be operated so the whole program is easy for people with disabilities to reach and use. If a public agency does not do that, it is treated as discrimination under federal disability law. The agency does not have to make structural changes to buildings to help people who use wheelchairs unless other rules about alterations or key stations (sections 12147(a) and 12147(b)) require those changes. The agency also does not have to offer services at a site to wheelchair users if those users could not use or benefit from the services there. For light-rail or rapid-rail trains made of two or more vehicles, at least one car per train must be accessible to people with disabilities, including wheelchair users, as soon as possible but no later than five years after this law took effect. If a historic vehicle on the National Register of Historic Places is being remanufactured and making it accessible would seriously change its historic character, the operator only has to make the accessibility changes required by section 12142(c)(1) that do not significantly alter the vehicle’s historic character.

Full Legal Text

Title 42, §12148

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

(a)(1)With respect to existing facilities used in the provision of designated public transportation services, it shall be considered discrimination, for purposes of section 12132 of this title and section 794 of title 29, for a public entity to fail to operate a designated public transportation program or activity conducted in such facilities so that, when viewed in the entirety, the program or activity is readily accessible to and usable by individuals with disabilities.
(2)Paragraph (1) shall not require a public entity to make structural changes to existing facilities in order to make such facilities accessible to individuals who use wheelchairs, unless and to the extent required by section 12147(a) of this title (relating to alterations) or section 12147(b) of this title (relating to key stations).
(3)Paragraph (1) shall not require a public entity to which paragraph (2) applies, to provide to individuals who use wheelchairs services made available to the general public at such facilities when such individuals could not utilize or benefit from such services provided at such facilities.
(b)(1)Subject to paragraph (2), with respect to 2 or more vehicles operated as a train by a light or rapid rail system, for purposes of section 12132 of this title and section 794 of title 29, it shall be considered discrimination for a public entity to fail to have at least 1 vehicle per train that is accessible to individuals with disabilities, including individuals who use wheelchairs, as soon as practicable but in no event later than the last day of the 5-year period beginning on the effective date of this section.
(2)In order to comply with paragraph (1) with respect to the remanufacture of a vehicle of historic character which is to be used on a segment of a light or rapid rail system which is included on the National Register of Historic Places, if making such vehicle readily accessible to and usable by individuals with disabilities would significantly alter the historic character of such vehicle, the public entity which operates such system only has to make (or to purchase or lease a remanufactured vehicle with) those modifications which are necessary to meet the requirements of section 12142(c)(1) of this title and which do not significantly alter the historic character of such vehicle.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The

Effective Date

of this section, referred to in subsec. (b)(1), probably means the

Effective Date

of subsec. (b), which is effective on date of enactment of Pub. L. 101–336, which was approved July 26, 1990. The

Effective Date

of subsec. (a) is 18 months after July 26, 1990. See section 231 of Pub. L. 101–336, set out as an

Effective Date

note under section 12141 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Subsec. (a) of this section effective 18 months after
July 26, 1990, and subsec. (b) 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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 12148

Title 42The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60