2016 US Code
Title 42 - The Public Health and Welfare
Chapter 126 - Equal Opportunity for Individuals With Disabilities
Subchapter II - Public Services
Part B - Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory
Subpart i - Public Transportation Other Than by Aircraft or Certain Rail Operations
Sec. 12145 - Temporary relief where lifts are unavailable

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Citation 42 U.S.C. § 12145 (2016)
Section Name §12145. Temporary relief where lifts are unavailable
Section Text (a) Granting

With respect to the purchase of new buses, a public entity may apply for, and the Secretary may temporarily relieve such public entity from the obligation under section 12142(a) or 12144 of this title to purchase new buses that are readily accessible to and usable by individuals with disabilities if such public entity demonstrates to the satisfaction of the Secretary—

(1) that the initial solicitation for new buses made by the public entity specified that all new buses were to be lift-equipped and were to be otherwise accessible to and usable by individuals with disabilities;

(2) the unavailability from any qualified manufacturer of hydraulic, electromechanical, or other lifts for such new buses;

(3) that the public entity seeking temporary relief has made good faith efforts to locate a qualified manufacturer to supply the lifts to the manufacturer of such buses in sufficient time to comply with such solicitation; and

(4) that any further delay in purchasing new buses necessary to obtain such lifts would significantly impair transportation services in the community served by the public entity.

(b) Duration and notice to Congress

Any relief granted under subsection (a) shall be limited in duration by a specified date, and the appropriate committees of Congress shall be notified of any such relief granted.

(c) Fraudulent application

If, at any time, the Secretary has reasonable cause to believe that any relief granted under subsection (a) was fraudulently applied for, the Secretary shall—

(1) cancel such relief if such relief is still in effect; and

(2) take such other action as the Secretary considers appropriate.

Source Credit

(Pub. L. 101–336, title II, §225, July 26, 1990, 104 Stat. 343.)

Editorial Notes EFFECTIVE DATE

Section effective July 26, 1990, see section 231(b) of Pub. L. 101–336, set out as a note under section 12141 of this title.

Publication Title United States Code, 2012 Edition, Supplement 4, Title 42 - THE PUBLIC HEALTH AND WELFARE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES
SUBCHAPTER II - PUBLIC SERVICES
Part B - Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory
subpart i - public transportation other than by aircraft or certain rail operations
Sec. 12145 - Temporary relief where lifts are unavailable
Contains section 12145
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law No
Disposition standard
Statutes at Large Reference 104 Stat. 343
Public Law References Public Law 101-336
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