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Sent to RVAAC Members by Email on November 7, 2013

Americans with Disabilities Act - Intercity and Commuter Rail Provisions

P.L. 101-336 (July 26, 1990), as amended by P.L. 110–325 (September 25, 2008)

§242. INTERCITY AND COMMUTER RAIL ACTIONS CONSIDERED DISCRIMINATORY.

§242(a) Intercity Rail Transportation.

§242(a)(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.

§242(a)(2) New intercity cars.

§242(a)(2)(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.

§242(a)(2)(B) Special rule for single-level passenger coaches for individuals who use 

wheelchairs. Single-level passenger coaches shall be required to

§242(a)(2)(B)(i) be able to be entered by an individual who uses a wheelchair;

§242(a)(2)(B)(ii) have space to park and secure a wheelchair;

§242(a)(2)(B)(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

§242(a)(2)(B)(iv) have a restroom usable by an individual who uses a wheelchair, only to 

the extent provided in paragraph §242(a)(3).

§242(a)(2)(C) Special rule for single-level dining cars for individuals who use wheelchairs. Singlelevel dining cars shall not be required to

§242(a)(2)(C)(i) be able to be entered from the station platform by an individual who 

uses a wheelchair; or

§242(a)(2)(C)(ii) have a restroom usable by an individual who uses a wheelchair if no 

restroom is provided in such car for any passenger.
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§242(a)(2)(D) Special rule for bi-level dining cars for individuals who use wheelchairs. Bi-level 

dining cars shall not be required to

§242(a)(2)(D)(i) be able to be entered by an individual who uses a wheelchair;

§242(a)(2)(D)(ii) have space to park and secure a wheelchair;

§242(a)(2)(D)(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

§242(a)(2)(D)(iv) have a restroom usable by an individual who uses a wheelchair.

§242(a)(3) Accessibility of single-level coaches.

§242(a)(3)(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

§242(a)(3)(A)(i) a number of spaces

§242(a)(3)(A)(i)(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

§242(a)(3)(A)(i)(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

§242(a)(3)(A)(ii) a number of spaces

§242(a)(3)(A)(ii)(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

§242(a)(3)(A)(ii)(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.

§242(a)(3)(B) Location. Spaces required by subparagraph §242(a)(3)(A) shall be located in 

single-level rail passenger coaches or food service cars.

§242(a)(3)(C) Limitation. Of the number of spaces required on a train by subparagraph 

§242(a)(3)(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.

§242(a)(3)(D) Other accessibility features. Single-level rail passenger coaches and food service 

cars on which the spaces required by subparagraph §242(a)(3)(A) are located shall have a 
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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.

§242(a)(4) Food service.

§242(a)(4)(A) Single-level dining cars. On any train in which a single- level dining car is used to 

provide food service

§242(a)(4)(A)(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

§242(a)(4)(A)(i)(I) the car adjacent to the end of the dining car through which a 

wheelchair may enter is itself accessible to a wheelchair;

§242(a)(4)(A)(i)(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 §242(a)(4)(A)(i)(I) without the necessity of the train 

being moved within the station; and

§242(a)(4)(A)(i)(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

§242(a)(4)(A)(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 §242(a)(4)(A)(i) through which an individual who uses a 

wheelchair may enter.

§242(a)(4)(B) Bi-level dining cars. On any train in which a bi-level dining car is used to provide 

food service

§242(a)(4)(B)(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

§242(a)(4)(B)(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.

§242(b) Commuter Rail Transportation.
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§242(b)(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.

§242(b)(2) New commuter rail cars.

§242(b)(2)(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.

§242(b)(2)(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

§242(b)(2)(B)(i) a restroom usable by an individual who uses a wheelchair if no restroom 

is provided in such car for any passenger;

§242(b)(2)(B)(ii) space to fold and store a wheelchair; or

§242(b)(2)(B)(iii) a seat to which a passenger who uses a wheelchair can transfer.

§242(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.

§242(d) Remanufactured Rail Cars.

§242(d)(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.

§242(d)(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 
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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 §242(d)(1).