42 USC 12143 - Paratransit as a complement to fixed route service

U.S Code last checked for updates: Nov 22, 2024

§ 12143.

Paratransit as a complement to fixed route service

(a)

General rule

(b)

Issuance of regulations

(c)

Required contents of regulations

(1)

Eligible recipients of service

The regulations issued under this section shall require each public entity which operates a fixed route system to provide the paratransit and other special transportation services required under this section—

(A)

(i)

to any individual with a disability who is unable, as a result of a physical or mental impairment (including a vision impairment) and without the assistance of another individual (except an operator of a wheelchair lift or other boarding assistance device), to board, ride, or disembark from any vehicle on the system which is readily accessible to and usable by individuals with disabilities;

(ii)

to any individual with a disability who needs the assistance of a wheelchair lift or other boarding assistance device (and is able with such assistance) to board, ride, and disembark from any vehicle which is readily accessible to and usable by individuals with disabilities if the individual wants to travel on a route on the system during the hours of operation of the system at a time (or within a reasonable period of such time) when such a vehicle is not being used to provide designated public transportation on the route; and

(iii)

to any individual with a disability who has a specific impairment-related condition which prevents such individual from traveling to a boarding location or from a disembarking location on such system;

(B)

to one other individual accompanying the individual with the disability; and

(C)

to other individuals, in addition to the one individual described in subparagraph (B), accompanying the individual with a disability provided that space for these additional individuals is available on the paratransit vehicle carrying the individual with a disability and that the transportation of such additional individuals will not result in a denial of service to individuals with disabilities.

For purposes of clauses (i) and (ii) of subparagraph (A), boarding or disembarking from a vehicle does not include travel to the boarding location or from the disembarking location.

(2)

Service area

(3)

Service criteria

(4)

Undue financial burden limitation

(5)

Additional services

(6)

Public participation

(7)

Plans

The regulations issued under this section shall require that each public entity which operates a fixed route system—

(A)

within 18 months after July 26, 1990, submit to the Secretary, and commence implementation of, a plan for providing paratransit and other special transportation services which meets the requirements of this section; and

(B)

on an annual basis thereafter, submit to the Secretary, and commence implementation of, a plan for providing such services.

(8)

Provision of services by others

The regulations issued under this section shall—

(A)

require that a public entity submitting a plan to the Secretary under this section identify in the plan any person or other public entity which is providing a paratransit or other special transportation service for individuals with disabilities in the service area to which the plan applies; and

(B)

provide that the public entity submitting the plan does not have to provide under the plan such service for individuals with disabilities.

(9)

Other provisions

(d)

Review of plan

(1)

General rule

(2)

Disapproval

(3)

Modification of disapproved plan

(e)

“Discrimination” defined

As used in subsection (a), the term “discrimination” includes—

(1)

a failure of a public entity to which the regulations issued under this section apply to submit, or commence implementation of, a plan in accordance with subsections (c)(6) and (c)(7);

(2)

a failure of such entity to submit, or commence implementation of, a modified plan in accordance with subsection (d)(3);

(3)

submission to the Secretary of a modified plan under subsection (d)(3) which does not meet the requirements of this section; or

(4)

a failure of such entity to provide paratransit or other special transportation services in accordance with the plan or modified plan the public entity submitted to the Secretary under this section.

(f)

Statutory construction

Nothing in this section shall be construed as preventing a public entity—

(1)

from providing paratransit or other special transportation services at a level which is greater than the level of such services which are required by this section,

(2)

from providing paratransit or other special transportation services in addition to those paratransit and special transportation services required by this section, or

(3)

from providing such services to individuals in addition to those individuals to whom such services are required to be provided by this section.

(Pub. L. 101–336, title II, § 223, July 26, 1990, 104 Stat. 340.)

cite as: 42 USC 12143