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42 USC § 12161 - Definitions

---
identifier: "/us/usc/t42/s12161"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 12161 - Definitions"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "12161"
section_name: "Definitions"
chapter_number: 126
chapter_name: "EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES"
subchapter_number: "II"
subchapter_name: "PUBLIC SERVICES"
part_number: "B"
part_name: "Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 101–336, title II, § 241, July 26, 1990, 104 Stat. 346; Pub. L. 104–287, § 6(k), Oct. 11, 1996, 110 Stat. 3400.)"
---

# § 12161. Definitions

As used in this subpart:

**1** **Commuter authority** [^1]

The term “commuter authority” has the meaning given such term in section 24102(4)  of title 49.

See References in Text note below.

**(2)** **Commuter rail transportation** <sup>1</sup>

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.

---

**Source Credit**: (Pub. L. 101–336, title II, § 241, July 26, 1990, 104 Stat. 346; Pub. L. 104–287, § 6(k), Oct. 11, 1996, 110 Stat. 3400.)

## Editorial Notes

### References in Text

, referred to in pars. (1) and (2), was subsequently amended, and pars. (4) and (5) of section 24102 no longer define “commuter authority” and “commuter rail passenger transportation”, respectively. However, such terms are defined elsewhere in that section.

### Codification

In pars. (1) and (2), “” substituted for “section 103(8) of the Rail Passenger Service Act ()” and “” substituted for “section 103(9) of the Rail Passenger Service Act ()” on authority of , , , the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.

### Amendments

1996—Par. (2).  substituted “commuter rail passenger transportation” for “commuter service”.

## Statutory Notes and Related Subsidiaries

### Effective Date

> **“(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.”

, , , provided that: