42 U.S.C. § 12161
Section 12161 · Definitions
This is § 241 of the Americans with Disabilities Act of 1990
Amended 2 times on record
Applied in 6 court decisions — leading case Toyota Motor Manufacturing, Kentucky, Inc. v. Williams (2002)
Most recently applied in 69 F. Supp. 3d 830 - Naperville Smart Meter Awareness v. City of Naperville (September 2014)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
As used in this subpart:
(1) Commuter authority
The term “commuter authority” has the meaning given such term in section 24102(4) of title 49.
(2) Commuter rail transportation
The term “commuter rail transportation” has the meaning given the term “commuter rail passenger transportation” in section 24102(5) of title 49.
(3) Intercity rail transportation
The term “intercity rail transportation” means transportation provided by the National Railroad Passenger Corporation.
(4) Rail passenger car
The term “rail passenger car” means, with respect to intercity rail transportation, single-level and bi-level coach cars, single-level and bi-level dining cars, single-level and bi-level sleeping cars, single-level and bi-level lounge cars, and food service cars.
(5) Responsible person
The term “responsible person” means—
(A) in the case of a station more than 50 percent of which is owned by a public entity, such public entity;
(B) in the case of a station more than 50 percent of which is owned by a private party, the persons providing intercity or commuter rail transportation to such station, as allocated on an equitable basis by regulation by the Secretary of Transportation; and
(C) in a case where no party owns more than 50 percent of a station, the persons providing intercity or commuter rail transportation to such station and the owners of the station, other than private party owners, as allocated on an equitable basis by regulation by the Secretary of Transportation.
(6) Station
The term “station” means the portion of a property located appurtenant to a right-of-way on which intercity or commuter rail transportation is operated, where such portion is used by the general public and is related to the provision of such transportation, including passenger platforms, designated waiting areas, ticketing areas, restrooms, and, where a public entity providing rail transportation owns the property, concession areas, to the extent that such public entity exercises control over the selection, design, construction, or alteration of the property, but such term does not include flag stops.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Codification
In pars. (1) and (2), “section 24102(4) of title 49” substituted for “section 103(8) of the Rail Passenger Service Act (45 U.S.C. 502(8))” and “section 24102(5) of title 49” substituted for “section 103(9) of the Rail Passenger Service Act (45 U.S.C. 502(9))” on authority of Pub. L. 103–272, §6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.
Amendments
1996—Par. (2). Pub. L. 104–287 substituted “commuter rail passenger transportation” for “commuter service”.
Effective Date
Section 246 of Pub. L. 101–336 provided that:
“(a) General Rule.—Except as provided in subsection (b), this part [part II (§§241–246) 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 242 and 244 [sections 12162 and 12164 of this title] shall become effective on the date of enactment of this Act.”