42 U.S.C. § 12186

Regulations

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(a) Transportation provisions(1) General rule

Not later than 1 year after July 26, 1990, the Secretary of Transportation shall issue regulations in an accessible format to carry out sections 11 So in original. Probably should be “section”. 12182(b)(2)(B) and (C) of this title and to carry out section 12184 of this title (other than subsection (b)(4)).

(2) Special rules for providing access to over-the-road buses(A) Interim requirements(i) Issuance

Not later than 1 year after July 26, 1990, the Secretary of Transportation shall issue regulations in an accessible format to carry out sections 12184(b)(4) and 12182(b)(2)(D)(ii) of this title that require each private entity which uses an over-the-road bus to provide transportation of individuals to provide accessibility to such bus; except that such regulations shall not require any structural changes in over-the-road buses in order to provide access to individuals who use wheelchairs during the effective period of such regulations and shall not require the purchase of boarding assistance devices to provide access to such individuals.

(ii) Effective period

The regulations issued pursuant to this subparagraph shall be effective until the effective date of the regulations issued under subparagraph (B).

(B) Final requirement(i) Review of study and interim requirements

The Secretary shall review the study submitted under section 12185 of this title and the regulations issued pursuant to subparagraph (A).

(ii) Issuance

Not later than 1 year after the date of the submission of the study under section 12185 of this title, the Secretary shall issue in an accessible format new regulations to carry out sections 12184(b)(4) and 12182(b)(2)(D)(ii) of this title that require, taking into account the purposes of the study under section 12185 of this title and any recommendations resulting from such study, each private entity which uses an over-the-road bus to provide transportation to individuals to provide accessibility to such bus to individuals with disabilities, including individuals who use wheelchairs.

(iii) Effective periodSubject to section 12185(d) of this title, the regulations issued pursuant to this subparagraph shall take effect—(I) with respect to small providers of transportation (as defined by the Secretary), 3 years after the date of issuance of final regulations under clause (ii); and(II) with respect to other providers of transportation, 2 years after the date of issuance of such final regulations.(C) Limitation on requiring installation of accessible restrooms

The regulations issued pursuant to this paragraph shall not require the installation of accessible restrooms in over-the-road buses if such installation would result in a loss of seating capacity.

(3) Standards

The regulations issued pursuant to this subsection shall include standards applicable to facilities and vehicles covered by sections 12182(b)(2) and 12184 of this title.

(b) Other provisions

Not later than 1 year after July 26, 1990, the Attorney General shall issue regulations in an accessible format to carry out the provisions of this subchapter not referred to in subsection (a) that include standards applicable to facilities and vehicles covered under section 12182 of this title.

Standards included in regulations issued under subsections (a) and (b) 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.

(d) Interim accessibility standards(1) Facilities

If final regulations have not been issued pursuant to this section, 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 this 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 facilities be readily accessible to and usable by persons with disabilities as required under section 12183 of this title, 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 12204(a) of this title, compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations.

(2) Vehicles and rail passenger cars

If final regulations have not been issued pursuant to this section, a private entity shall be considered to have complied with the requirements of this subchapter, if any, that a vehicle or rail passenger car be readily accessible to and usable by individuals with disabilities, if the design for such vehicle or 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 12204(a) of this title) governing accessibility of such vehicles or cars, to the extent that such laws and regulations are not inconsistent with this subchapter and are in effect at the time such design is substantially completed.

(Pub. L. 101–336, title III, § 306, July 26, 1990, 104 Stat. 361; Pub. L. 104–59, title III, § 341, Nov. 28, 1995, 109 Stat. 608.)Editorial NotesAmendments

1995—Subsec. (a)(2)(B)(iii). Pub. L. 104–59 substituted “3 years after the date of issuance of final regulations under clause (ii)” for “7 years after July 26, 1990” in subcl. (I) and “2 years after the date of issuance of such final regulations” for “6 years after July 26, 1990” in subcl. (II).

Statutory Notes and Related SubsidiariesEffective Date

Section effective July 26, 1990, see section 310(c) of Pub. L. 101–336, set out as a note under section 12181 of this title.

Notes of Decisions

Cited in 153 cases (31 in the last 5 years), 1993–2025 · leading case: Indep. Living Resources v. Oregon Arena Corp., 982 F. Supp. 698 (D. Or. 1997).

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Indep. Living Resources v. Oregon Arena Corp., 982 F. Supp. 698 (D. Or. 1997). · cites it 10× “42 U.S.C. § 12186 (b). Those regulations were to include design standards, which must be “consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board,” commonly referred to as the “Access Board.”

Miller v. California Speedway Corp., 536 F.3d 1020 (9th Cir. 2008). · cites it 5× “42 U.S.C. §§ 12186 (b), 12206(c)(3). Congress instructed the Attorney General to issue regulations within one year of the enactment of the ADA.”

Chapman v. Pier 1 Imports (U.S.) Inc., 631 F.3d 939 (9th Cir. 2011). · cites it 2× “Promulgated by the Attorney General to "carry out the provisions" of the ADA, 42 U.S.C. § 12186 (b), these guidelines "lay out the technical structural requirements of places of public accommodation.”

United States v. AMC Ent., Inc., 549 F.3d 760 (9th Cir. 2008). · cites it 4× “42 U.S.C. § 12186 (b). These regulations were to be consistent with the minimum guidelines issued by the Access Board.”

Robin Fortyune v. Am. Multi-Cinema, Inc., 364 F.3d 1075 (9th Cir. 2004). · cites it 2× “See 42 U.S.C. § 12186 (b) (directing the Attorney General to “issue regulations .”

Bragdon v. Abbott, 524 U.S. 624 (1998). · cites it 2× “As the agency directed by Congress to issue implementing regulations, see 42 U. S. C. § 12186 (b), to render technical assistance explaining the responsibilities of covered individuals and institutions, § 12206(c), and to enforce Title III in court, § 12188(b), the Department's…”

Juan Carlos Gil v. Winn-Dixie Stores, Inc., 993 F.3d 1266 (11th Cir. 2021). · cites it 2× “The Department of Justice, responsible for promulgating regulations to implement the ADA, 42 U.S.C. § 12186 (b), 10 has provided a detailed explanation 10 The section provides: Not later than 1 year after July 26, 1990, the Attorney General shall issue regulations in an…”

United States v. Cinemark Usa, Inc., 348 F.3d 569 (6th Cir. 2003). · cites it 3× “See 42 U.S.C. § 12186 (b). These regulations must be consistent with the minimum guidelines issued by the Architectural and Transportation Barriers Compliance Board (the “Access Board”).”

Christopher Mielo v. Steak N Shake Operations Inc, 897 F.3d 467 (3rd Cir. 2018). “The Department of Justice promulgated guidelines pursuant to 42 U.S.C. § 12186 (providing that "the Attorney General shall issue regulations").”

Enyart v. Nat'l Conf. of Bar Examiners, Inc., 630 F.3d 1153 (9th Cir. 2011). · cites it 2× “42 U.S.C. § 12186 (b). Pursuant to its authority to issue regulations carrying out the provisions of Title III, the Department of Justice has adopted a regulation interpreting § 12189.”

Guillermo Robles v. Dominos Pizza LLC, 913 F.3d 898 (9th Cir. 2019). “See 42 U.S.C. § 12186 (b) (“[T]he Attorney General shall issue regulations in an accessible format to carry out the provisions of this subchapter .”

Save Our Valley v. Sound Transit, 335 F.3d 932 (9th Cir. 2003). “§§ 12182 (a) and 12182(b)(2)(A)(iv), and then directed the Attorney General to promulgate regulations implementing the ADA’s policies, 42 U.S.C. § 12186 (b). Congress, in other words, gave the Attorney General a guiding policy but then left him free to determine how best to…”

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