1 **Sent to RVAAC Members by Email on November 7, 2013**

**A mericans 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 pers on 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 u nder 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 trans portation, 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 pres cribed 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 a ble 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 wheelch air; 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. Single

level 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 ca r for any passenger.2

§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 t o 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) t o 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 acc ommodate 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. §24 2(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 t han 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 a3

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 accessib le 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 §2 42(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.**4

§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 p rovides 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 sect ion 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 se ction #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) Access ibility. 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 indivi duals 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 Rehabilit ation 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 readil y 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 t o 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 Tran sportation 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 to5

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).