U.S. Code » Title 42 » Chapter CHAPTER 126— EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES › Subchapter SUBCHAPTER II— PUBLIC SERVICES › Part Part B— Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory › Subpart subpart i— public transportation other than by aircraft or certain rail operations

42 U.S.C. § 12141

Definitions

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As used in this subpart:(1) Demand responsive system

The term “demand responsive system” means any system of providing designated public transportation which is not a fixed route system.

(2) Designated public transportation

The term “designated public transportation” means transportation (other than public school transportation) by bus, rail, or any other conveyance (other than transportation by aircraft or intercity or commuter rail transportation (as defined in section 12161 of this title)) that provides the general public with general or special service (including charter service) on a regular and continuing basis.

(3) Fixed route system

The term “fixed route system” means a system of providing designated public transportation on which a vehicle is operated along a prescribed route according to a fixed schedule.

(4) Operates

The term “operates”, as used with respect to a fixed route system or demand responsive system, includes operation of such system by a person under a contractual or other arrangement or relationship with a public entity.

(5) Public school transportation

The term “public school transportation” means transportation by schoolbus vehicles of schoolchildren, personnel, and equipment to and from a public elementary or secondary school and school-related activities.

(6) Secretary

The term “Secretary” means the Secretary of Transportation.

(Pub. L. 101–336, title II, § 221, July 26, 1990, 104 Stat. 338.)Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 101–336, title II, § 231, July 26, 1990, 104 Stat. 346, provided that:“(a)General Rule.—Except as provided in subsection (b), this part [part I (§§ 221–231) of subtitle B of title II of Pub. L. 101–336, enacting this subpart] shall become effective 18 months after the date of enactment of this Act [July 26, 1990].“(b)Exception.—Sections 222, 223 (other than subsection (a)), 224, 225, 227(b), 228(b), and 229 [sections 12142, 12143(b) to (f), 12144, 12145, 12147(b), 12148(b), and 12149 of this title] shall become effective on the date of enactment of this Act.”

Notes of Decisions
Cited in 29 cases (10 in the last 5 years), 1998–2024 · leading case: Melton v. Dallas Area Rapid Transit, 391 F.3d 669 (5th Cir. 2004).
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Melton v. Dallas Area Rapid Transit, 391 F.3d 669 (5th Cir. 2004). · cites it 2× “; part B applies specifically and only to public transportation provided by public entities, 42 U.S.C. §§ 12141 , et seq. It is undisputed that DART’s paratransit service is covered by part B of title II; the parties dispute the application of part A to the issue presented in…”
Frame v. City of Arlington, 657 F.3d 215 (5th Cir. 2011). · cites it 2× “42 U.S.C. § 12141 (2). [9] The Rehabilitation Act further confirms that Congress purposely differentiated facilities and services, as that Act provides the same distinction.”
Joseph Midgett v. Tri-Cnty. Metro. Transp. Dist. of Oregon, 254 F.3d 846 (9th Cir. 2001). “§ 12131 (1), and it operates a “fixed route system” that provides public transportation in metropolitan Portland, 42 U.S.C. § 12141 (3). Midgett, 74 F.Supp.”
Woods v. Centro of Oneida, Inc., 103 F.4th 933 (2d Cir. 2024). “§ 12131 (1) (defining “public entity”); 42 U.S.C. § 12141 (3) (defining “fixed route system”).”
Lopez v. Metro. Gov't of Nashville, 646 F. Supp. 2d 891 (M.D. Tenn. 2009). “§ 1983 , Title II of the Americans With Disabilities Act (“ADA”), 42 U.S.C. § 12141 et seq., Section 504 of the Rehabilitation Act of 1973 (“Rehabilitation Act”), 29 U.”
Montez v. Romer, 32 F. Supp. 2d 1235 (D. Colo. 1999). “42 U.S.C.A. §§ 12141 to 12150 and 42 U.S.”
Noel v. New York City Taxi & Limousine Comm'n, 837 F. Supp. 2d 268 (S.D.N.Y. 2011). · cites it 2× “42 U.S.C. § 12141 . A public entity may not purchase or lease a new vehicle for use that is not readily accessible to and usable by individuals with disabilities, unless the system otherwise provides an equivalent level of service.”
Martin v. Metro. Atlanta Rapid Transit Auth., 225 F. Supp. 2d 1362 (N.D. Ga. 2002). “42 U.S.C. § 12141 et seq. As pertinent to the present action, Section 222 of Title II deems it discriminatory for a public entity that operates a fixed route system to, among other things, purchase or lease a new bus if the bus is “not readily accessible to and usable by…”
Margda Pierre-Noel v. Bridges Pub. Charter Sch., 113 F.4th 970 (D.C. Cir. 2024). “” 42 U.S.C. § 12141 (5). That Congress included no such language in the IDEA is notable given that the laws involve closely related contexts.”
Casas v. City of El Paso, 502 F. Supp. 2d 542 (W.D. Tex. 2007). “Sun Metro provides two services: (1) its regular bus route, which is a “fixed route system,” as defined in 42 U.S.C. § 12141 (3); and (2) the “LIFT,” which is a complementary paratransit system for individuals with disabilities.”
Neff v. Via Metro. Transit Auth., 179 F.R.D. 185 (W.D. Tex. 1998). “ment agreement, and joint motion for approval of the proposed notice to class members informing the settlement class of the settlement and of the hearing wherein the parties would request final approval of the proposed settlement agreement pertaining to a settlement class…”
Walter v. Se. Pennsylvania Transp. Auth., 434 F. Supp. 2d 346 (E.D. Pa. 2006). “” 42 U.S.C. §§ 12141 (2), 12141(3), 12143(a) (emphasis added).”
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