Path: utzoo!censor!geac!torsqnt!news-server.csri.toronto.edu!rutgers!apple!olivea!oliveb!bunker!wtm
From: covici@ccs.portal.com (John Covici)
Newsgroups: misc.handicap
Subject: English Braille Text Of Ada Law (4 of 8)
Message-ID: <16448@bunker.UUCP>
Date: 19 Dec 90 05:22:59 GMT
Sender: wtm@bunker.UUCP
Reply-To: covici@ccs.portal.com (John Covici)
Distribution: misc
Organization: Covici Computer Systems
Lines: 407
Approved: wtm@bunker.UUCP
Fidonet: Split

Index Number: 12523

     (6) Station. The term ``station'' means the portion of a
property located appurtenant to a right-of-way on which intercity
or commuter rail transportation is operated, where such portion is
used by the general public and is related to the provision of such
transportation, including passenger platforms, designated waiting
areas, ticketing areas, restrooms, and, where a public entity
providing rail transportation owns the property, concession areas,
to the extent that such public entity exercises control over the
selection, design, construction, or alteration of the property, but
such term does not include flag stops.

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 subclause (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 section504 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 (29U.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 soon as practicable, but in no event later than 20
years after the date of enactment of this Act.
          (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.

Sec. 243. CONFORMANCE OF ACCESSIBILITY STANDARDS.

Accessibility standards included in regulations issued under this
part shall be consistent with the minimum guidelines issued by the
Architectural and Transportation Barriers Compliance Board under
section 504(a) of this Act.

Sec. 244. REGULATIONS.

Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall issue regulations, in an
accessible format, necessary for carrying out this part.

Sec. 245. INTERIM ACCESSIBILITY REQUIREMENTS.

(a) Stations. If final regulations have not been issued pursuant to
section 244, for new construction or alterations for which a valid
and appropriate State or local building permit is obtained prior to
the issuance of final regulations under such section, and for which
the construction or alteration authorized by such permit begins
within one year of the receipt of  such permit and is completed
under the terms of such permit, compliance with the Uniform Federal
Accessibility Standards in effect at the time the building  permit
is issued shall suffice to satisfy the requirement that stations be
readily accessible to and usable by persons with disabilities as
required under section 242(e), except that, if such final
regulations have not been issued one year after the Architectural
and Transportation Barriers Compliance Board has  issued the
supplemental minimum guidelines required under section 504(a) of
this Act, compliance with such supplemental minimum guidelines
shall be necessary to satisfy the requirement that stations be
readily accessible to and usable by persons with disabilities prior
to issuance of the final regulations.

(b) Rail Passenger Cars. If final regulations have not been issued
pursuant to section 244, a person shall be considered to have
complied with the requirements of section 242 (a) through (d) that
a rail passenger car be readily accessible to and usable by
individuals with disabilities, if the design for such car complies
with the laws and regulations (including the Minimum Guidelines and
Requirements for Accessible Design and such  supplemental minimum
guidelines as are issued under section 504(a) of this Act)
governing accessibility of such cars, to the extent that such laws
and regulations are not inconsistent with this part and are in
effect at the time such design is substantially completed.

Sec. 246. EFFECTIVE DATE.

(a) General Rule. Except as provided in subsection (b), this part
shall become effective 18 months after the date of enactment of
this Act.

(b) Exception. Sections 242 and 244 shall become effective on the
date of  enactment of this Act.
TITLE III PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE
     ENTITIES

Sec. 301. DEFINITIONS.

As used in this title:n

     (1) Commerce. The term ``commerce'' means travel, trade,
traffic, commerce, transportation, or communication
          (A) among the several States;
          (B) between any foreign country or any territory or
possession and any State; or
          (C) between points in the same State but through another
State or foreign country.

     (2) Commercial facilities. The term ``commercial facilities''
means  facilities
          (A) that are intended for nonresidential use; and
          (B) whose operations will affect commerce. Such term
shall not include railroad locomotives, railroad freight cars,
railroad cabooses, railroad cars described in section 242 or
covered under this title, railroad rights-of-way, or facilities
that are covered or expressly exempted from coverage under the Fair
Housing Act of 1968 (42 U.S.C. 3601 et seq.).

     (3) Demand responsive system. The term ``demand responsive
system''  means any system of providing transportation of
individuals by a vehicle, other than a system which is a fixed
route system.

     (4) Fixed route system. The term ``fixed route system'' means
a system of  providing transportation of individuals (other than by
aircraft) on  which a vehicle is operated along a prescribed route
according to a fixed  schedule.

     (5) Over-the-road bus. The term ``over-the-road bus'' means a
bus characterized by an elevated passenger deck located over a
baggage compartment.

End of part 4