Page:United States Statutes at Large Volume 104 Part 1.djvu/374

 104 STAT. 340 PUBLIC LAW 101-336—JULY 26, 1990 (1) and which do not significantly alter the historic character of such vehicle. (B) VEHICLES OF HISTORIC CHARACTER DEFINED BY REGULA- TIONS.—For purposes of this paragraph and section 228(b), a vehicle of historic character shall be defined by the regulations issued by the Secretary to carry out this subsection. 42 USC 12143. SEC. 223. PARATRANSIT AS A COMPLEMENT TO FIXED ROUTE SERVICE. (a) GENERAL RULE. —I t 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 public entity which operates a fixed route system (other than a system which provides solely commuter bus service) to fail to provide with respect to the operations of its fixed route system, in accordance with this section, paratransit and other special transportation services to individuals with disabilities, including individuals who use wheelchairs, that are sufficient to provide to such individuals a level of service (1) which is comparable to the level of designated public transportation services provided to individuals without disabilities using such system; or (2) in the case of response time, which is comparable, to the extent practicable, to the level of designated public transportation services provided to individuals without disabilities using such system. (b) ISSUANCE OF REGULATIONS. — Not later than 1 year after the effective date of this subsection, the Secretary shall issue final regulations to carry out this section. (c) REQUIRED CONTENTS OF REGULATIONS. — (1) ELIGIBLE RECIPIENTS OF SERVICE. —The regulations issued under this section shall require each public entity which operates a fixed route system to provide the paratransit and other special transportation services required under this section— (A)(i) to any individual with a disability who is unable, as a result of a physical or mental impairment (including a vision impairment) and without the assistance of another individual (except an operator of a wheelchair lift or other boarding assistance device), to board, ride, or disembark from any vehicle on the system which is readily accessible to and usable by individuals with disabilities; (ii) to any individual with a disability who needs the assistance of a wheelchair lift or other boarding assistance device (and is able with such assistance) to board, ride, and disembark from any vehicle which is readily accessible to and usable by individuals with disabilities if the individual wants to travel on a route on the system during the hours of operation of the system at a time (or within a reasonable period of such time) when such a vehicle is not being used to provide designated public transportation on the route; and (iii) to any individual with a disability who has a specific impairment-related condition which prevents such individual from traveling to a boarding location or from a disembarking location on such system; (B) to one other individusil accompanying the individual with the disability; and (C) to other individuals, in addition to the one individual described in subparagraph (B), accompanying the individual with a disability provided that space for these additional individuals is available on the paratransit vehicle carrying

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