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§12161 Definitions

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 ii — public transportation by intercity and commuter rail › § 12161

Last updated Sep 23, 2026|Official source

Summary

Defines key words used for rules about passenger rail service and stations. Commuter authority — as defined in 49 U.S.C. 24102(4). Commuter rail transportation — as defined in 49 U.S.C. 24102(5). Intercity rail transportation — service provided by the National Railroad Passenger Corporation. Rail passenger car — for intercity service, includes single- and bi-level coach, dining, sleeping, lounge, and food service cars. Responsible person — if a station is over 50 percent publicly owned, that public owner is responsible; if it is over 50 percent privately owned, the rail providers serving the station are responsible; if no one owns more than 50 percent, responsibility is shared among the rail providers and the public owners. Allocation of responsibility in the latter two cases is done on an equitable basis by regulation by the Secretary of Transportation. Station — the public areas next to the tracks used for intercity or commuter service (like platforms, waiting areas, ticketing, restrooms, and certain concession areas when a public provider controls them); flag stops are excluded.

Title 42, §12161

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

As used in this subpart:

(1)Commuter authority

The term “commuter authority” has the meaning given such term in section 24102(4) of title 49.

(2)Commuter rail transportation

The term “commuter rail transportation” has the meaning given the term “commuter rail passenger transportation” in section 24102(5) 1 of title 49.

(3)Intercity rail transportation

The term “intercity rail transportation” means transportation provided by the National Railroad Passenger Corporation.

(4)Rail passenger car

The term “rail passenger car” means, with respect to intercity rail transportation, single-level and bi-level coach cars, single-level and bi-level dining cars, single-level and bi-level sleeping cars, single-level and bi-level lounge cars, and food service cars.

(5)Responsible person

The term “responsible person” means—

(A)in the case of a station more than 50 percent of which is owned by a public entity, such public entity;

(B)in the case of a station more than 50 percent of which is owned by a private party, the persons providing intercity or commuter rail transportation to such station, as allocated on an equitable basis by regulation by the Secretary of Transportation; and

(C)in a case where no party owns more than 50 percent of a station, the persons providing intercity or commuter rail transportation to such station and the owners of the station, other than private party owners, as allocated on an equitable basis by regulation by the Secretary of Transportation.

(6)Station

The term “station” means the portion of a property located appurtenant to a right-of-way on which intercity or commuter rail transportation is operated, where such portion is used by the general public and is related to the provision of such transportation, including passenger platforms, designated waiting areas, ticketing areas, restrooms, and, where a public entity providing rail transportation owns the property, concession areas, to the extent that such public entity exercises control over the selection, design, construction, or alteration of the property, but such term does not include flag stops.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Section 24102 of title 49, referred to in pars. (1) and (2), was subsequently amended, and pars. (4) and (5) of section 24102 no longer define “commuter authority” and “commuter rail passenger transportation”, respectively. However, such terms are defined elsewhere in that section. Codification In pars. (1) and (2), “section 24102(4) of title 49” substituted for “section 103(8) of the Rail Passenger Service Act (45 U.S.C. 502(8))” and “section 24102(5) of title 49” substituted for “section 103(9) of the Rail Passenger Service Act (45 U.S.C. 502(9))” on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.

Amendments

1996—Par. (2). Pub. L. 104–287 substituted “commuter rail passenger transportation” for “commuter service”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 101–336, title II, § 246,

July 26, 1990, 104 Stat. 353, provided that: “(a) General Rule.—Except as provided in subsection (b), this part [part II (§§ 241–246) of subtitle B of title II of Pub. L. 101–336, enacting this subpart] shall become effective 18 months after the date of enactment of this Act [

July 26, 1990]. “(b) Exception.—section 242 and 244 [section 12162 and 12164 of this title] shall become effective on the date of enactment of this Act.”