Title 42, The Public Health and WelfareRelease 119-110

§12162 Intercity and Commuter Rail Actions Considered Discriminatory

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 › § 12162

Last updated Sep 22, 2026|Official source

Summary

Train companies must provide accessible rail service for people with disabilities, including wheelchair users. Every intercity and commuter train must have at least one passenger car that is usable by people with disabilities no later than 5 years after July 26, 1990. Any new cars ordered more than 30 days after July 26, 1990 must be accessible. Single-level coaches must allow wheelchair entry, have spaces to park and secure wheelchairs and spaces to fold and store wheelchairs, and must include an accessible restroom and platform entry when required by the timetable below. On trains with single-level coaches, at least one-half of those coaches must have wheelchair parking and folding/storage spaces no later than 5 years after July 26, 1990, and all such coaches must have those spaces no later than 10 years after July 26, 1990. No more than two such spaces may be in any one coach or food car. Dining car and bi-level car rules are limited: some bi-level dining cars and certain dining-car features do not have to provide platform entry, parking, transfer seats, or restrooms, but single-level dining cars bought after July 26, 1990 must provide table service and other aids to wheelchair users when adjacent accessible cars and space are available. When buying used cars, companies must try in good faith to get ones that are accessible. If a car is remanufactured so its life is extended 10 years or more, it must be made accessible to the maximum extent feasible, and remanufactured cars sold or leased must meet that rule. New stations must be accessible. Existing intercity stations must be made accessible as soon as possible but no later than 20 years after July 26, 1990. Key commuter stations must be made accessible as soon as possible but no later than 3 years after July 26, 1990 (this can be extended up to 20 years in very costly cases). Commuter systems must pick key stations after consulting disability groups and holding a public hearing. Plans with milestones are required. When stations are altered, the altered parts and routes to them (including bathrooms, phones, and water fountains serving those areas) must be made accessible to the maximum extent feasible unless doing so is disproportionate. Station owners must reasonably help those responsible for making these changes and can be held liable if they do not cooperate.

Full Legal Text

Title 42, §12162

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

(a)Intercity rail transportation
(1)One car per train rule
It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a person who provides intercity rail transportation to fail to have at least one passenger car per train that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, in accordance with regulations issued under section 12164 of this title, as soon as practicable, but in no event later than 5 years after July 26, 1990.
(2)New intercity cars
(A)General rule
Except as otherwise provided in this subsection with respect to individuals who use wheelchairs, it shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a person to purchase or lease any new rail passenger cars for use in intercity rail transportation, and for which a solicitation is made later than 30 days after July 26, 1990, unless all such rail cars are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 12164 of this title.
(B)Special rule for single-level passenger coaches for individuals who use wheelchairs
Single-level passenger coaches shall be required to—
(i)be able to be entered by an individual who uses a wheelchair;
(ii)have space to park and secure a wheelchair;
(iii)have a seat to which a passenger in a wheelchair can transfer, and a space to fold and store such passenger’s wheelchair; and
(iv)have a restroom usable by an individual who uses a wheelchair,
only to the extent provided in paragraph (3).
(C)Special rule for single-level dining cars for individuals who use wheelchairs
Single-level dining cars shall not be required to—
(i)be able to be entered from the station platform by an individual who uses a wheelchair; or
(ii)have a restroom usable by an individual who uses a wheelchair if no restroom is provided in such car for any passenger.
(D)Special rule for bi-level dining cars for individuals who use wheelchairs
Bi-level dining cars shall not be required to—
(i)be able to be entered by an individual who uses a wheelchair;
(ii)have space to park and secure a wheelchair;
(iii)have a seat to which a passenger in a wheelchair can transfer, or a space to fold and store such passenger’s wheelchair; or
(iv)have a restroom usable by an individual who uses a wheelchair.
(3)Accessibility of single-level coaches
(A)General rule
It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a person who provides intercity rail transportation to fail to have on each train which includes one or more single-level rail passenger coaches—
(i)a number of spaces—
(I)to park and secure wheelchairs (to accommodate individuals who wish to remain in their wheelchairs) equal to not less than one-half of the number of single-level rail passenger coaches in such train; and
(II)to fold and store wheelchairs (to accommodate individuals who wish to transfer to coach seats) equal to not less than one-half of the number of single-level rail passenger coaches in such train,
as soon as practicable, but in no event later than 5 years after July 26, 1990; and (ii)
as soon as practicable, but in no event later than 10 years after July 26, 1990.
(B)Location
Spaces required by subparagraph (A) shall be located in single-level rail passenger coaches or food service cars.
(C)Limitation
Of the number of spaces required on a train by subparagraph (A), not more than two spaces to park and secure wheelchairs nor more than two spaces to fold and store wheelchairs shall be located in any one coach or food service car.
(D)Other accessibility features
Single-level rail passenger coaches and food service cars on which the spaces required by subparagraph (A) are located shall have a restroom usable by an individual who uses a wheelchair and shall be able to be entered from the station platform by an individual who uses a wheelchair.
(4)Food service
(A)Single-level dining cars
On any train in which a single-level dining car is used to provide food service—
(i)if such single-level dining car was purchased after July 26, 1990, table service in such car shall be provided to a passenger who uses a wheelchair if—
(I)the car adjacent to the end of the dining car through which a wheelchair may enter is itself accessible to a wheelchair;
(II)such passenger can exit to the platform from the car such passenger occupies, move down the platform, and enter the adjacent accessible car described in subclause (I) without the necessity of the train being moved within the station; and
(III)space to park and secure a wheelchair is available in the dining car at the time such passenger wishes to eat (if such passenger wishes to remain in a wheelchair), or space to store and fold a wheelchair is available in the dining car at the time such passenger wishes to eat (if such passenger wishes to transfer to a dining car seat); and
(ii)appropriate auxiliary aids and services, including a hard surface on which to eat, shall be provided to ensure that other equivalent food service is available to individuals with disabilities, including individuals who use wheelchairs, and to passengers traveling with such individuals.
Unless not practicable, a person providing intercity rail transportation shall place an accessible car adjacent to the end of a dining car described in clause (i) through which an individual who uses a wheelchair may enter.
(B)Bi-level dining cars
On any train in which a bi-level dining car is used to provide food service—
(i)if such train includes a bi-level lounge car purchased after July 26, 1990, table service in such lounge car shall be provided to individuals who use wheelchairs and to other passengers; and
(ii)appropriate auxiliary aids and services, including a hard surface on which to eat, shall be provided to ensure that other equivalent food service is available to individuals with disabilities, including individuals who use wheelchairs, and to passengers traveling with such individuals.
(b)Commuter rail transportation
(1)One car per train rule
It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a person who provides commuter rail transportation to fail to have at least one passenger car per train that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, in accordance with regulations issued under section 12164 of this title, as soon as practicable, but in no event later than 5 years after July 26, 1990.
(2)New commuter rail cars
(A)General rule
It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a person to purchase or lease any new rail passenger cars for use in commuter rail transportation, and for which a solicitation is made later than 30 days after July 26, 1990, unless all such rail cars are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 12164 of this title.
(B)Accessibility
For purposes of section 12132 of this title and section 794 of title 29, a requirement that a rail passenger car used in commuter rail transportation be accessible to or readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, shall not be construed to require—
(i)a restroom usable by an individual who uses a wheelchair if no restroom is provided in such car for any passenger;
(ii)space to fold and store a wheelchair; or
(iii)a seat to which a passenger who uses a wheelchair can transfer.
(c)Used rail cars
It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a person to purchase or lease a used rail passenger car for use in intercity or commuter rail transportation, unless such person makes demonstrated good faith efforts to purchase or lease a used rail car that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 12164 of this title.
(d)Remanufactured rail cars
(1)Remanufacturing
It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a person to remanufacture a rail passenger car for use in intercity or commuter rail transportation so as to extend its usable life for 10 years or more, unless the rail car, to the maximum extent feasible, is made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 12164 of this title.
(2)Purchase or lease
It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a person to purchase or lease a remanufactured rail passenger car for use in intercity or commuter rail transportation unless such car was remanufactured in accordance with paragraph (1).
(e)Stations
(1)New stations
It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a person to build a new station for use in intercity or commuter rail transportation that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 12164 of this title.
(2)Existing stations
(A)Failure to make readily accessible
(i)General rule
It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a responsible person to fail to make existing stations in the intercity rail transportation system, and existing key stations in commuter rail transportation systems, readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 12164 of this title.
(ii)Period for compliance
(I)Intercity rail
All stations in the intercity rail transportation system shall be made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as soon as practicable, but in no event later than 20 years after July 26, 1990.
(II)Commuter rail
Key stations in commuter rail transportation systems shall be made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as soon as practicable but in no event later than 3 years after July 26, 1990, except that the time limit may be extended by the Secretary of Transportation up to 20 years after July 26, 1990, in a case where the raising of the entire passenger platform is the only means available of attaining accessibility or where other extraordinarily expensive structural changes are necessary to attain accessibility.
(iii)Designation of key stations
Each commuter authority shall designate the key stations in its commuter rail transportation system, in consultation with individuals with disabilities and organizations representing such individuals, taking into consideration such factors as high ridership and whether such station serves as a transfer or feeder station. Before the final designation of key stations under this clause, a commuter authority shall hold a public hearing.
(iv)Plans and milestones
The Secretary of Transportation shall require the appropriate person to develop a plan for carrying out this subparagraph that reflects consultation with individuals with disabilities affected by such plan and that establishes milestones for achievement of the requirements of this subparagraph.
(B)Requirement when making alterations
(i)General rule
It shall be considered discrimination, for purposes of section 12132 of this title and section 794 of title 29, with respect to alterations of an existing station or part thereof in the intercity or commuter rail transportation systems that affect or could affect the usability of the station or part thereof, for the responsible person, owner, or person in control of the station to fail to make the alterations in such a manner that, to the maximum extent feasible, the altered portions of the station are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon completion of such alterations.
(ii)Alterations to a primary function area
It shall be considered discrimination, for purposes of section 12132 of this title and section 794 of title 29, with respect to alterations that affect or could affect the usability of or access to an area of the station containing a primary function, for the responsible person, owner, or person in control of the station to fail to make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area, and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon completion of such alterations, where such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the Attorney General).
(C)Required cooperation
It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for an owner, or person in control, of a station governed by subparagraph (A) or (B) to fail to provide reasonable cooperation to a responsible person with respect to such station in that responsible person’s efforts to comply with such subparagraph. An owner, or person in control, of a station shall be liable to a responsible person for any failure to provide reasonable cooperation as required by this subparagraph. Failure to receive reasonable cooperation required by this subparagraph shall not be a defense to a claim of discrimination under this chapter.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (e)(2)(C), was in the original “this Act”, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 12101 of this title and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective July 26, 1990, see section 246(b) of Pub. L. 101–336, set out as a note under section 12161 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 12162

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110