With respect to the purchase of new buses, a public entity may apply for, and the Secretary may temporarily relieve such public entity from the obligation under section
12144 of this title to purchase new buses that are readily accessible to and usable by individuals with disabilities if such public entity demonstrates to the satisfaction of the Secretary—
(1)that the initial solicitation for new buses made by the public entity specified that all new buses were to be lift-equipped and were to be otherwise accessible to and usable by individuals with disabilities;
(2)the unavailability from any qualified manufacturer of hydraulic, electromechanical, or other lifts for such new buses;
(3)that the public entity seeking temporary relief has made good faith efforts to locate a qualified manufacturer to supply the lifts to the manufacturer of such buses in sufficient time to comply with such solicitation; and
(4)that any further delay in purchasing new buses necessary to obtain such lifts would significantly impair transportation services in the community served by the public entity.
(b) Duration and notice to Congress
Any relief granted under subsection (a) of this section shall be limited in duration by a specified date, and the appropriate committees of Congress shall be notified of any such relief granted.
(c) Fraudulent application
If, at any time, the Secretary has reasonable cause to believe that any relief granted under subsection (a) of this section was fraudulently applied for, the Secretary shall—
(1)cancel such relief if such relief is still in effect; and
(2)take such other action as the Secretary considers appropriate.
Section effective July 26, 1990, see section 231(b) ofPub. L. 101–336, set out as a note under section
12141 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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