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LegalText 42 U.S.C. § 12148 Public transportation programs and activities in existing facilities and one car per train rule us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 126 EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES 12148 42 U.S.C. § 12148 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s12148 data/legal/raw/us/code/title-42/usc42.xml c69c90f5ed930c477700afa663829c6cb5caa5e2c089b1dbdce356de4afaba24 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 8173eb5042def7157b8f75842ba06b1b9e414a1a5ee5180678619946c2840c09 2026-07-04 official
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42 U.S.C. § 12148 - Public transportation programs and activities in existing facilities and one car per train rule

Text

(a) Public transportation programs and activities in existing facilities (1) In general 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) Exception 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) Utilization 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) One car per train rule (1) General rule 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) Historic trains 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.

(Pub. L. 101336, title II, § 228, July 26, 1990, 104 Stat. 344.)

Notes

Editorial Notes

References in TextThe 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. 101336, 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. 101336, set out as an Effective Date note under section 12141 of this title.

Statutory Notes and Related Subsidiaries

Effective DateSubsec. (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. 101336, set out as a note under section 12141 of this title.