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Americans with
Disabilities Act
Page 9 of 16
SEC. 242. INTERCITY AND
COMMUTER RAIL ACTIONS CONSIDERED DISCRIMINATORY.
(a) Intercity Rail Transportation.--
(1) One car per train rule.--It shall
be considered discrimination for purposes of section 202 of this Act and section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794) 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 244, as soon as
practicable, but in no event later than 5 years after the date of enactment of this Act.
(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 202 of this Act and section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794) 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 the effective date of this section, 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 244.
(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 202 of this Act and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) 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
the date of enactment of this Act; and
(ii) 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 the total 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 the total number of single-level rail passenger
coaches in such train, as soon as practicable, but in no event later than 10 years after
the date of enactment of this Act.
(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 the date of enactment of this Act, 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 sub-clause (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 the date of enactment of this Act, 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 202 of this Act and section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794) 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 244, as soon as
practicable, but in no event later than 5 years after the date of enactment of this Act.
(2) New commuter rail cars.--
(A) General rule.--It shall be
considered discrimination for purposes of section 202 of this Act and section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794) 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 the effective date of this section, 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 244.
(B) Accessibility.--For purposes of section 202 of this Act and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), 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 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794) 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 244.
(d) Remanufactured Rail Cars.--
(1) Remanufacturing.--It shall be
considered discrimination for
purposes of section 202 of this Act and section 504 of the
Rehabilitation
Act of 1973 (29 U.S.C. 794) 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 244.
(2) Purchase or lease.--It shall be considered discrimination for
purposes of section 202 of this Act and section 504 of the
Rehabilitation
Act of 1973 (29 U.S.C. 794) 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 202 of this Act and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) 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 244.
(2) Existing stations.--
(A) Failure to make readily
accessible.--
(i) General rule.--It shall be
considered discrimination for purposes of section 202 of this Act and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) 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 described by the
Secretary of Transportation in regulations issued under section 244.
(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 the date of enactment of this Act.
(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 the
date of enactment of this Act, except that the time limit may be extended by the Secretary
of Transportation up to 20 years after the date of enactment of this Act 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 202 of this Act and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), 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 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), 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 202 of this Act and section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794) 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 Act.
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