Title 42, The Public Health and WelfareRelease 119-110

§12186 Regulations

Title 42 › CHAPTER 126 — EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES › SUBCHAPTER III — PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES › § 12186

Last updated Sep 23, 2026|Official source

Summary

The Secretary of Transportation must write accessible rules within 1 year after July 26, 1990 to make sure certain transportation services and facilities are accessible to people with disabilities. The Secretary must also make special bus rules. Within that same year, interim bus rules must require private companies that use over-the-road buses to provide access, but they cannot force structural changes to those buses or require buying boarding-assist devices while the interim rules apply. Those interim rules stay in effect until final bus rules are made. After the Secretary reviews the study under section 12185, new final bus rules must be issued within 1 year after that study is submitted. Final bus rules must require access for people with disabilities, including wheelchair users, and they take effect 3 years after issuance for small providers of transportation (as the Secretary defines) and 2 years after issuance for other providers, subject to section 12185(d). The rules cannot require adding accessible restrooms to over-the-road buses if that would reduce seating. The regulations must include standards for the covered facilities and vehicles. The Attorney General must also issue accessible rules within 1 year after July 26, 1990 for the other parts of the law. All regulations must follow the minimum guidelines from the Architectural and Transportation Barriers Compliance Board. If final regulations are not yet issued, new buildings or alterations with a valid building permit must follow the Uniform Federal Accessibility Standards in effect when the permit is issued (or the Board’s supplemental guidelines if one year has passed after those are issued). For vehicles and rail passenger cars, if final rules are not yet issued, a private entity complies if the vehicle design follows the accessibility laws and guidelines in effect when the design is substantially completed, so long as those laws do not conflict with this law.

Full Legal Text

Title 42, §12186

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

(a)Transportation provisions
(1)General rule
Not later than 1 year after July 26, 1990, the Secretary of Transportation shall issue regulations in an accessible format to carry out section 12182(b)(2)(B) and (C) of this title and to carry out section 12184 of this title (other than subsection (b)(4)).
(2)Special rules for providing access to over-the-road buses
(A)Interim requirements
(i)Issuance
Not later than 1 year after July 26, 1990, the Secretary of Transportation shall issue regulations in an accessible format to carry out section 12184(b)(4) and 12182(b)(2)(D)(ii) of this title that require each private entity which uses an over-the-road bus to provide transportation of individuals to provide accessibility to such bus; except that such regulations shall not require any structural changes in over-the-road buses in order to provide access to individuals who use wheelchairs during the effective period of such regulations and shall not require the purchase of boarding assistance devices to provide access to such individuals.
(ii)Effective period
The regulations issued pursuant to this subparagraph shall be effective until the effective date of the regulations issued under subparagraph (B).
(B)Final requirement
(i)Review of study and interim requirements
The Secretary shall review the study submitted under section 12185 of this title and the regulations issued pursuant to subparagraph (A).
(ii)Issuance
Not later than 1 year after the date of the submission of the study under section 12185 of this title, the Secretary shall issue in an accessible format new regulations to carry out section 12184(b)(4) and 12182(b)(2)(D)(ii) of this title that require, taking into account the purposes of the study under section 12185 of this title and any recommendations resulting from such study, each private entity which uses an over-the-road bus to provide transportation to individuals to provide accessibility to such bus to individuals with disabilities, including individuals who use wheelchairs.
(iii)Effective period
Subject to section 12185(d) of this title, the regulations issued pursuant to this subparagraph shall take effect—
(I)with respect to small providers of transportation (as defined by the Secretary), 3 years after the date of issuance of final regulations under clause (ii); and
(II)with respect to other providers of transportation, 2 years after the date of issuance of such final regulations.
(C)Limitation on requiring installation of accessible restrooms
The regulations issued pursuant to this paragraph shall not require the installation of accessible restrooms in over-the-road buses if such installation would result in a loss of seating capacity.
(3)Standards
The regulations issued pursuant to this subsection shall include standards applicable to facilities and vehicles covered by section 12182(b)(2) and 12184 of this title.
(b)Other provisions
Not later than 1 year after July 26, 1990, the Attorney General shall issue regulations in an accessible format to carry out the provisions of this subchapter not referred to in subsection (a) that include standards applicable to facilities and vehicles covered under section 12182 of this title.
(c)Consistency with ATBCB guidelines
Standards included in regulations issued under subsections (a) and (b) shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with section 12204 of this title.
(d)Interim accessibility standards
(1)Facilities
If final regulations have not been issued pursuant to this section, for new construction or alterations for which a valid and appropriate State or local building permit is obtained prior to the issuance of final regulations under this section, and for which the construction or alteration authorized by such permit begins within one year of the receipt of such permit and is completed under the terms of such permit, compliance with the Uniform Federal Accessibility Standards in effect at the time the building permit is issued shall suffice to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities as required under section 12183 of this title, except that, if such final regulations have not been issued one year after the Architectural and Transportation Barriers Compliance Board has issued the supplemental minimum guidelines required under section 12204(a) of this title, compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations.
(2)Vehicles and rail passenger cars
If final regulations have not been issued pursuant to this section, a private entity shall be considered to have complied with the requirements of this subchapter, if any, that a vehicle or rail passenger car be readily accessible to and usable by individuals with disabilities, if the design for such vehicle or car complies with the laws and regulations (including the Minimum Guidelines and Requirements for Accessible Design and such supplemental minimum guidelines as are issued under section 12204(a) of this title) governing accessibility of such vehicles or cars, to the extent that such laws and regulations are not inconsistent with this subchapter and are in effect at the time such design is substantially completed.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1995—Subsec. (a)(2)(B)(iii). Pub. L. 104–59 substituted “3 years after the date of issuance of final

Regulations

under clause (ii)” for “7 years after July 26, 1990” in subcl. (I) and “2 years after the date of issuance of such final

Regulations

” for “6 years after July 26, 1990” in subcl. (II).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective July 26, 1990, see section 310(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. § 12186

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110