[ Note Added: Highlighted text has been underlined. Document emailed after

Nov 20, 2014, Rooms and Spaces Subcommittee conference call ended. ]

SUBPART II

- PUBLIC TRANSPORTATION BY INTERCITY AND COMMUTER RAIL

Sec. 12161. Definitions

As used in this subpart:

(1) Commuter authority

The term "commuter authority" has the meaning given such term

in section 24102(4) (FN1) of title 49.

(2) Commuter rail transportation

The term "commuter rail transport ation" has the meaning given

the term "commuter rail passenger transportation" in section

24102(5) (FN1) of title 49.

(3) Intercity rail transportation

The term "intercity rail transportation" means transportation

pro vided by the National Railroad Passenger Corporation

.

(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) G eneral 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 accessib le 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 sin gle

- 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 indivi dual 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

wheelch air;

(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 79 4 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 an d 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 practicabl e, but in no event later than 5 years

after July 26, 1990; 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 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 whe elchairs

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

w hich 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, ta ble 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 tra in 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) appropriat e 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 claus e (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 l ounge 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 sectio n

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 s ection 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 readil y

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.