Title 42The Public Health and WelfareRelease 119-73not60

§12184 Prohibition of Discrimination in Specified Public Transportation Services Provided by Private Entities

Title 42 › Chapter 126— EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES › Subchapter III— PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES › § 12184

Last updated Apr 5, 2026|Official source

Summary

Private companies that mainly carry people and whose work affects interstate commerce must not treat someone with a disability unfairly when offering certain public transportation services. Unfair treatment includes using rules that exclude people with disabilities unless the rule is truly needed; failing to make reasonable changes, provide needed aids or services, or remove barriers as other disability rules require; and buying or leasing new vehicles, vans, or rail cars that are not accessible to people who use wheelchairs when the purchase request is made after the 30th day after the law took effect. Over‑the‑road buses must follow specific accessibility regulations. A new small van (under 8 seats) or a new vehicle for demand‑response service may be exempt if the whole system still gives people with disabilities an equal level of service. If a rail car is remanufactured to extend its life 10 years or more, it must be made accessible to the maximum extent feasible. If making changes would seriously harm the historic character of a rail car or station, or would break Federal Railroad Safety Act rules, the accessibility changes are not required. A “historical or antiquated rail passenger car” is one that is at least 30 years old, whose maker no longer makes such cars, and that has historic ties or shows the style of an earlier era.

Full Legal Text

Title 42, §12184

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

(a)No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of specified public transportation services provided by a private entity that is primarily engaged in the business of transporting people and whose operations affect commerce.
(b)For purposes of subsection (a), discrimination includes—
(1)the imposition or application by a 11 So in original. Probably should be “an”. entity described in subsection (a) of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully enjoying the specified public transportation services provided by the entity, unless such criteria can be shown to be necessary for the provision of the services being offered;
(2)the failure of such entity to—
(A)make reasonable modifications consistent with those required under section 12182(b)(2)(A)(ii) of this title;
(B)provide auxiliary aids and services consistent with the requirements of section 12182(b)(2)(A)(iii) of this title; and
(C)remove barriers consistent with the requirements of section 12182(b)(2)(A) of this title and with the requirements of section 12183(a)(2) of this title;
(3)the purchase or lease by such entity of a new vehicle (other than an automobile, a van with a seating capacity of less than 8 passengers, including the driver, or an over-the-road bus) which is to be used to provide specified public transportation and for which a solicitation is made after the 30th day following the effective date of this section, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs; except that the new vehicle need not be readily accessible to and usable by such individuals if the new vehicle is to be used solely in a demand responsive system and if the entity can demonstrate that such system, when viewed in its entirety, provides a level of service to such individuals equivalent to the level of service provided to the general public;
(4)(A)the purchase or lease by such entity of an over-the-road bus which does not comply with the regulations issued under section 12186(a)(2) of this title; and
(B)any other failure of such entity to comply with such regulations; and 22 So in original. The word “and” probably should not appear.
(5)the purchase or lease by such entity of a new van with a seating capacity of less than 8 passengers, including the driver, which is to be used to provide specified public transportation and for which a solicitation is made after the 30th day following the effective date of this section that is not readily accessible to or usable by individuals with disabilities, including individuals who use wheelchairs; except that the new van need not be readily accessible to and usable by such individuals if the entity can demonstrate that the system for which the van is being purchased or leased, when viewed in its entirety, provides a level of service to such individuals equivalent to the level of service provided to the general public;
(6)the purchase or lease by such entity of a new rail passenger car that is to be used to provide specified public transportation, and for which a solicitation is made later than 30 days after the effective date of this paragraph, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs; and
(7)the remanufacture by such entity of a rail passenger car that is to be used to provide specified public transportation so as to extend its usable life for 10 years or more, or the purchase or lease by such entity of such a rail car, 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.
(c)(1)To the extent that compliance with subsection (b)(2)(C) or (b)(7) would significantly alter the historic or antiquated character of a historical or antiquated rail passenger car, or a rail station served exclusively by such cars, or would result in violation of any rule, regulation, standard, or order issued by the Secretary of Transportation under the Federal Railroad Safety Act of 1970, such compliance shall not be required.
(2)As used in this subsection, the term “historical or antiquated rail passenger car” means a rail passenger car—
(A)which is not less than 30 years old at the time of its use for transporting individuals;
(B)the manufacturer of which is no longer in the business of manufacturing rail passenger cars; and
(C)which—
(i)has a consequential association with events or persons significant to the past; or
(ii)embodies, or is being restored to embody, the distinctive characteristics of a type of rail passenger car used in the past, or to represent a time period which has passed.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

For the

Effective Date

of this section, referred to in subsec. (b)(3), (5), see section 310 of Pub. L. 101–336, set out as an

Effective Date

note under section 12181 of this title. The

Effective Date

of this paragraph, referred to in subsec. (b)(6), is 18 months after July 26, 1990, see section 310(a) of Pub. L. 101–336, set out as an

Effective Date

note under section 12181 of this title. The Federal Railroad Safety Act of 1970, referred to in subsec. (c)(1), is title II of Pub. L. 91–458, Oct. 16, 1970, 84 Stat. 971, which was classified generally to subchapter II (§ 431 et seq.) of chapter 13 of Title 45, Railroads, and was repealed and reenacted in section 5109(c) of Title 5, Government Organization and Employees, section 54a of Title 45, Railroads, chapter 201 and section 21301, 21302, 21304, 21311, 24902, and 24905 of Title 49, Transportation, and provisions set out as a note under section 20103 of Title 49 by Pub. L. 103–272, §§ 1(e), 4(b)(1), (i), (t), 7(b), July 5, 1994, 108 Stat. 862, 891, 893, 930, 935, 1361, 1365, 1372, 1379, the first section of which enacted subtitles II, III, and V to X of Title 49.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 18 months after
July 26, 1990, but with subsec. (a) of this section (for purposes of subsec. (b)(3) only) and subsec. (b)(3) of this section effective
July 26, 1990, see section 310(a), (c) of Pub. L. 101–336, set out as a note under section 12181 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 12184

Title 42The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60