42 U.S.C. § 12161

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 12161 - Definitions

As used in this subpart:

(1) Commuter authority

The term "commuter authority" has the meaning given such term in section 24102(4)¹ 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)¹ 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.

¹See References in Text note below.

42 U.S.C. § 12161

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 TEXTSection 24102 of title 49, 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.

CODIFICATIONIn 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.

AMENDMENTS1996-Par. (2). Pub. L. 104-287 substituted "commuter rail passenger transportation" for "commuter service".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE Pub. L. 101-336, title II, §246, July 26, 1990, 104 Stat. 353, 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."

Secretary

The term "Secretary" means the Secretary of Housing and Urban Development.1See References in Text note below.