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. § 12149

Regulations

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(a) In general

Not later than 1 year after July 26, 1990, the Secretary of Transportation shall issue regulations, in an accessible format, necessary for carrying out this subpart (other than section 12143 of this title).

(b) Standards

The regulations issued under this section and section 12143 of this title shall include standards applicable to facilities and vehicles covered by this part. The standards shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with section 12204 of this title.

(Pub. L. 101–336, title II, § 229, July 26, 1990, 104 Stat. 345.)Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 15 cases (2 in the last 5 years), 1998–2025 · 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). “But, it is the Secretary of Transportation who is directed to promulgate regulations to implement part B under 42 U.S.C. § 12149 and specifically to promulgate regulations regarding paratransit service under 42 U.”
Enyart v. Nat'l Conf. of Bar Examiners, Inc., 630 F.3d 1153 (9th Cir. 2011). “The phrase is not defined; instead, the Act directs the *1162 Secretary of Transportation to issue regulations establishing accessibility standards for public transportation facilities, vehicles, and rail cars, 42 U.S.C. §§ 12149 , 12163-12164, and 12186(a), and directs the…”
Robin Fortyune v. City of Lomita, 766 F.3d 1098 (9th Cir. 2014). “, 42 U.S.C. §§ 12149 , 12164. 12 . See Access Board, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way (July 26, 2011), http:// www.”
George v. Bay Area Rapid Transit, 577 F.3d 1005 (9th Cir. 2009). “42 U.S.C. § 12149 (b). In 1991, the Board issued the ADAAG after receiving over 400 comments, including comments about individuals with visual disabilities.”
Martin v. Metro. Atlanta Rapid Transit Auth., 225 F. Supp. 2d 1362 (N.D. Ga. 2002). “42 U.S.C. § 12149 . Title III of the ADA prohibits discrimination against the disabled in places of public accommodations and by certain private transportation services.”
Am. Council of the Blind v. Washington Metro. Area Transit Auth., 133 F. Supp. 2d 66 (D.D.C. 2001). “See 42 U.S.C. § 12149 (b). In 1991, the Access Board issued the Americans with Disabilities Act Accessibility Guidelines (“ADAAG”), which set forth the accessibility standards for platform edges in train stations.”
Bronx Indep. Living v. Metro. Transp., 358 F. Supp. 3d 324 (S.D. Ill. 2019). “See 42 U.S.C. § 12149 . Part 49 C.F.R. § 37 contains the implementing regulations.”
Gonzalez v. Nat'l Bd. of Med. Examiners, 60 F. Supp. 2d 703 (E.D. Mich. 1999). “See 42 U.S.C. §§ 12149 , 12164; see also Price, 966 F.”
Bartlett v. New York State Bd. of Law Examiners, 156 F.3d 321 (2d Cir. 1998). “See 42 U.S.C. §§ 12149 , 12164 and 12186(a). .”
Forsee v. Metro. Transp. Auth. (S.D.N.Y. 2020). · cites it 2× “The City’s use of its leverage to influence those planned renovations, if they are ultimately determined to be discriminatory under the ADA, would immediately redress the discrimination that Plaintiffs are subject to. As this Court previously recognized, both the ADA and the…”
5539-181 & 182 Prospect Park W. Brooklyn LLC v. Rivera, 2025 NY Slip Op 25198 (Civ. Ct. NYC, Kings Cty. 2025). · cites it 2× “The ADA further grants the Attorney General the authority to issue regulations under certain provisions of subchapter II, 42 USCA § 12134 (a), and grants the Secretary of Transportation the authority to issue regulations pertaining to certain provisions of subchapters II and…”
West v. Metro. Transp. Auth. (E.D.N.Y 2021). “” 42 U.S.C. § 12149 ; see also Presmarita v.”
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