Page:United States Statutes at Large Volume 104 Part 1.djvu/393

 PUBLIC LAW 101-336 —JULY 26, 1990 104 STAT. 359 scope (as determined under criteria established by the Attorney General). (b) ELEVATOR. —Subsection (a) shall not be construed to require the installation of an elevator for facilities that are less than three stories or have less than 3,000 square feet per story unless the building is a shopping center, a shopping mall, or the professional office of a health care provider or unless the Attorney General determines that a particular category of such facilities requires the installation of elevators based on the usage of such facilities. SEC. 304. PROHIBITION OF DISCRIMINATION IN SPECIFIED PUBLIC 42 USC 12184. TRANSPORTATION SERVICES PROVIDED BY PRIVATE ENTITIES. (a) GENERAL RULE.— No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of specified public transportation services provided by a private entity that is primarily engaged in the business of transporting people and whose operations affect commerce. (b) CONSTRUCTION.— For purposes of subsection (a), discrimination includes— (1) the imposition or application by a entity described in subsection (a) of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully enjoying the specified public transportation services provided by the entity, unless such criteria can be shown to be necessary for the provision of the services being offered; (2) the failure of such entity to— (A) make reasonable modifications consistent with those required under section 30203)(2)(A)(ii); (B) provide auxiliary aids and services consistent with the requirements of section 30203)(2)(A)(iii); and (C) remove barriers consistent with the requirements of section 30203)(2)(A) and with the requirements of section 303(a)(2); (3) the purchase or lease by such entity of a new vehicle (other than an automobile, a van with a seating capacity of less than 8 passengers, including the driver, or an over-the-road bus) which is to be used to provide specified public transportation and for which a solicitation is made after the 30th day following the effective date of this section, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs; except that the new vehicle need not be readily accessible to and usable by such individuals if the new vehicle is to be used solely in a demand responsive system and if the entity can demonstrate that such system, when viewed in its entirety, provides a level of service to such individuals equivalent to the level of service provided to the general public; (4)(A) the purchase or lease by such entity of an over-the-road bus which does not comply with the regulations issued under section 306(a)(2); and (B) any other failure of such entity to comply with such regulations; and (5) the purchase or lease by such entity of a new van with a seating capacity of less than 8 passengers, including the driver, which is to be used to provide specified public transportation and for which a solicitation is made after the 30th day following

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