As used in this subchapter:
The term "commerce" means travel, trade, traffic, commerce, transportation, or communication-
The term "commercial facilities" means facilities-
Such term shall not include railroad locomotives, railroad freight cars, railroad cabooses, railroad cars described in sectionof this title or covered under this subchapter, railroad rights-of-way, or facilities that are covered or expressly exempted from coverage under the Fair Housing Act of 1968 1 ( et seq.).
The term "demand responsive system" means any system of providing transportation of individuals by a vehicle, other than a system which is a fixed route system.
The term "fixed route system" means a system of providing transportation of individuals (other than by aircraft) on which a vehicle is operated along a prescribed route according to a fixed schedule.
The term "over-the-road bus" means a bus characterized by an elevated passenger deck located over a baggage compartment.
The term "private entity" means any entity other than a public entity (as defined in sectionof this title).
The following private entities are considered public accommodations for purposes of this subchapter, if the operations of such entities affect commerce-
The terms "rail" and "railroad" have the meaning given the term "railroad" in section 20102(1) 1 of title 49.
The term "readily achievable" means easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include-
The term "specified public transportation" means transportation by bus, rail, or any other conveyance (other than by aircraft) that provides the general public with general or special service (including charter service) on a regular and continuing basis.
The term "vehicle" does not include a rail passenger car, railroad locomotive, railroad freight car, railroad caboose, or a railroad car described in sectionof this title or covered under this subchapter.
1 See References in Text note below.
42 U.S.C. § 12181
Pub. L. 101-336, title III, §301, July 26, 1990, 104 Stat. 353.
REFERENCES IN TEXTThe Fair Housing Act of 1968, referred to in par. (2), probably means the Fair Housing Act, title VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended, which is classified principally to subchapter I of chapter 45 (§3601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sectionof this title and Tables. Section of title 49, referred to in par. (8), was redesignated section 20102(2) and a new section 20102(1) was added by Pub. L. 110-432, div. A, §2(b)(1), (2), Oct. 16, 2008, 122 Stat. 4850. This chapter, referred to in par. (9)(A), was in the original "this Act", meaning Pub. L. 101-336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section of this title and Tables.
CODIFICATIONIn par. (8), "sectionof title 49" substituted for "section 202(e) of the Federal Railroad Safety Act of 1970 ( 45 U.S.C. 431(e) ) " 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.
EFFECTIVE DATEPub. L. 101-336, title III, §310, July 26, 1990, 104 Stat. 365, provided that: "(a) GENERAL RULE.-Except as provided in subsections (b) and (c), this title [enacting this subchapter] shall become effective 18 months after the date of the enactment of this Act [July 26, 1990]."(b) CIVIL ACTIONS.-Except for any civil action brought for a violation of section 303 [sectionof this title], no civil action shall be brought for any act or omission described in section 302 [section of this title] which occurs-"(1) during the first 6 months after the effective date, against businesses that employ 25 or fewer employees and have gross receipts of $1,000,000 or less; and"(2) during the first year after the effective date, against businesses that employ 10 or fewer employees and have gross receipts of $500,000 or less."(c) EXCEPTION.-Sections 302(a) [section of this title] for purposes of section 302(b)(2)(B) and (C) only, 304(a) [section of this title] for purposes of section 304(b)(3) only, 304(b)(3), 305 [section of this title], and 306 [section of this title] shall take effect on the date of the enactment of this Act [July 26, 1990]."