Federal Transit Administration November 4, 2015 Subject: americans with disabilities act (ada): guidance

2.4Lift/Ramp and Securement Use

2.4.1Accommodating Riders Using Wheelchairs

Requirement

(1) With respect to wheelchair/occupant combinations that are larger or heavier than those to which the design standards for vehicles and equipment of 49 CFR Part 38 refer, the entity must carry the wheelchair and occupant if the lift and vehicle can accommodate the wheelchair and occupant. The entity may decline to carry a wheelchair/occupant if the combined weight exceeds that of the lift specifications or if carriage of the wheelchair is demonstrated to be inconsistent with legitimate safety requirements.

(2) The entity is not required to permit [riders who use] wheelchairs to ride in places other than designated securement locations in the vehicle, where such locations exist” (§ 37.165(b)).

Discussion

Wheelchair Definition

The definition is consistent with the legislative history and intent to accommodate the wide range of devices used by individuals with mobility impairments. The definition does not include devices not intended for indoor use (e.g., golf carts or all-terrain vehicles) or devices not primarily designed to assist individuals with mobility impairments (e.g., bicycles or tricycles).

It is important to note that the definition of a wheelchair does not require specific elements or equipment such as front rigging (footplates or leg rests), wheel locks or brakes, push handles, or positioning belts or harnesses. Any transit agency policy, therefore, requiring wheelchairs to be equipped with specific features in order to be transported or allowing for the denial of service because of the perceived condition of a passenger’s mobility device is not permitted under § 37.165(b) and would be a discriminatory policy prohibited by § 37.5(a).

Legitimate Safety Requirements

As discussed in Appendix D to § 37.165,

If a transportation provider has a vehicle and equipment that meets or exceeds standards based on Access Board guidelines, and the vehicle and equipment can in fact safely accommodate a given wheelchair, then it is not appropriate, under disability nondiscrimination law, for the transportation provider to refuse to transport the device and its user. Transportation providers must carry a wheelchair and its user, as long as the lift can accommodate the size and weight of the wheelchair and its user and there is space for the wheelchair on the vehicle. However, if in fact a lift or vehicle is unable to accommodate the wheelchair and its user, the transportation provider is not required to carry it.

For example, suppose that a bus or paratransit vehicle lift will safely accommodate an 800-pound wheelchair/passenger combination, but not a combination exceeding 800 pounds (i.e., a design load of 800 lbs.). The lift is one that exceeds the Part 38 design standard, which requires lifts to be able to accommodate a 600-pound wheelchair/passenger combination. The transportation provider could limit use of that lift to a combination of 800 pounds or less. Likewise, if a wheelchair or its attachments extends beyond the 30 x 48 inch footprint found in Part 38’s design standards but fits onto the lift and into the wheelchair securement area of the vehicle, the transportation provider would have to accommodate the wheelchair. However, if such a wheelchair was of a size that would block an aisle and interfere with the safe evacuation of passengers in an emergency, the operator could deny carriage of that wheelchair based on a legitimate safety requirement.

Other factors associated with transporting individuals using wheelchairs are not legitimate safety requirements under the DOT ADA regulations. For example, legitimate safety requirements do not apply to securement; an agency cannot impose a limitation on the transportation of wheelchairs and other mobility aids based on the inability of the securement system to secure the device to the satisfaction of the agency.

Using Designated Securement Areas

Under § 37.165(b), transit agencies operating buses and vans with designated securement locations are not required to allow riders who use wheelchairs to ride elsewhere in the vehicle. Rather, agencies may create policies requiring riders who use wheelchairs to ride in designated securement areas noting that wheelchairs must fit in these (compliant) areas.

Maintaining an Inventory of Lifts/Ramps and Securement Areas

To help comply with the § 37.165(b) requirements, FTA encourages transit agencies to maintain inventories of detailed design specifications and dimensions of lifts, ramps, and securement areas for all vehicles. Agencies can then use the capacity specifications together with service operating policies and procedures to determine the maximum sizes and weights of wheelchairs they can accommodate.

The § 37.165(b) requirements do not dictate that transit agencies operating a mixed fleet assign a particular vehicle to a route or dispatch a particular vehicle to a waiting customer. FTA encourages agencies, however, to provide up-to-date public information about the maximum sizes and weights of occupied wheelchairs the agencies’ vehicles can safely accommodate so that riders can consider any system limitations when acquiring wheelchairs or deciding to use the service. Such information can be provided on schedules, in rider guides, and on agency websites, as well as through outreach to riders and agencies that serve individuals with disabilities. An agency might decide to install signs on the vehicles themselves indicating the maximum wheelchair size and weight that can be transported.

In cases where a rider’s occupied wheelchair exceeds the maximum size or weight an agency’s vehicles can safely accommodate, an agency may also use the ADA paratransit eligibility determination process as an opportunity to discuss service limitations with the rider. (See Circular Section 9.2.2.)

Boarding Separately from a Wheelchair

Some riders may be able to board separately from their wheelchairs to avoid having their combined weight exceed the design load of the vehicle lift. As discussed below, standees are expressly permitted on lifts. Appendix E to Part 37 (Reasonable Modification Requests) (see Circular Section 2.10) provides the following guidance regarding accommodating a wheelchair user’s request to board a vehicle separately:

Boarding Separately From Wheelchair. A wheelchair user’s request to board a fixed route or paratransit vehicle separately from his or her device when the occupied weight of the device exceeds the design load of the vehicle lift should generally be granted.

Vehicle operators, however, are not required to assume the controls of power wheelchairs to assist riders with boarding vehicles. Providing assistance with a power wheelchair falls under the category of attendant-type services, which the regulations do not require. Moreover, it would be unreasonable to expect a driver to know how to operate each rider’s powered mobility device. While placing a power wheelchair in freewheeling mode may not be difficult, controlling it is a different matter. (See FTA response to Complaint 10-0172 for an example of how FTA addressed a complainant’s request for a driver to operate his power wheelchair.) Riders needing to board separately, and capable of doing so, may need to bring along a personal care attendant (PCA) to assist them.

Boarding and Alighting Direction

Requirement

“Boarding direction. The lift shall permit both inboard and outboard facing of wheelchair and mobility aid users” (§ 38.23(b)(11)).⁵

Discussion

The requirements applicable to boarding and alighting direction are covered in the Part 38 vehicle specifications and are discussed in Appendix D to § 37.165:

Wheelchair users, especially those using electric wheelchairs, often have a preference for entering a lift platform and vehicle in a particular direction (e.g., backing on or going on frontwards). Except where the only way of successfully maneuvering a device onto a vehicle or into its securement area or an overriding safety concern (i.e., a direct threat) requires one way of doing this or another, the transit provider should respect the passenger’s preference. We note that most electric wheelchairs are usually not equipped with rearview mirrors, and many individuals who use them are unable to rotate their heads sufficiently to see behind.

Complying with the § 38.23(b) requirement means purchasing lifts (or ramps) that accommodate wheelchair users wishing to board facing forward or facing rearward.

2.4.2Accommodating Riders Using Other Mobility Devices

As discussed in Appendix D to § 37.3, “persons with mobility disabilities may use devices other than wheelchairs to assist with locomotion. Canes, crutches, and walkers, for example, are often used by people whose mobility disabilities do not require use of a wheelchair. These devices must be accommodated on the same basis as wheelchairs.” 

As explained in the same section of Appendix D, transit agencies are not required to accommodate devices not primarily designed for use by individuals with mobility impairments.⁶ This includes items such as shopping carts, bicycles, and skateboards. In addition, agencies are not required to permit other types of assistive devices to be used in ways that depart from or exceed their intended uses. For example, agencies are not required to permit riders who use walkers with built-in seats to ride in securement areas while seated on their walkers, meaning that transit agencies can require these individuals to transfer to a vehicle seat.

2.4.3Use of Securement Devices

Requirement

“(1) For vehicles complying with Part 38 of this title, the entity shall use the securement system to secure wheelchairs as provided in that part.

(2) For other vehicles transporting individuals who use wheelchairs, the entity shall provide and use a securement system to ensure that the wheelchair remains within the securement area.

(3) The entity may require that an individual permit his or her wheelchair to be secured” (§ 37.165(c)).

“The entity may not deny transportation to a wheelchair or its user on the ground that the device cannot be secured or restrained satisfactorily by the vehicle’s securement system” (§ 37.165(d)).

Discussion

Section 38.23(d) requires all ADA-compliant buses and vans to be equipped with securement devices capable of accommodating wheelchairs and mobility aids. (See Circular Section 4.2.5.) Part 38 does not require securement devices on rail cars.

Under § 37.165(c), a transit agency may establish a policy requiring riders to allow drivers to secure their wheelchairs on buses and vans. If an agency establishes a mandatory securement policy, then the agency is permitted to deny service to an individual who refuses to allow his or her wheelchair to be secured. (Conversely, an agency may have a policy allowing riders to remain unsecured, provided that if a rider wishes to have his or her wheelchair secured, agency personnel provide assistance with the securement.)

However, § 37.165(d) prohibits an agency from refusing to serve riders on the ground that their wheelchairs cannot be secured or restrained satisfactorily by the vehicle’s securement system. If the agency requires securement—or when riders ask to be secured—drivers are to do the best they can to secure wheelchairs with the available securement systems, as explained in Appendix D to § 37.165.

For more information on securement, see DOT guidance, “Questions and Answers Concerning Wheelchairs and Bus and Rail Service” (DOT Wheelchair Q&A Guidance).

2.4.4Use of Seat Belts and Shoulder Harnesses

Requirement

“Seat belt and shoulder harness. For each wheelchair or mobility aid securement device provided, a passenger seat belt and shoulder harness, complying with all applicable provisions of Part 571 of this title, shall also be provided for use by wheelchair or mobility aid users. Such seat belts and shoulder harnesses shall not be used in lieu of a device which secures the wheelchair or mobility aid itself” (§ 38.23(d)(7)).

Discussion

Bus and van securement areas must also have a passenger seat belt and shoulder harness. Under the broad nondiscrimination provisions of § 37.5, a transit agency is not permitted to mandate that individuals using wheelchairs use seat belts and shoulder harnesses, unless the agency mandates the use of these devices by all passengers on the vehicle, including those sitting in vehicle seats. For example, on fixed route buses, if none of the other passengers is required to wear a seat belt and shoulder harness then neither can the person in the mobility device be required to do so.

Transit agencies may establish a policy that requires the seat belt and shoulder harness to be used by all riders, including those who use wheelchairs as well as those who use vehicle seats, if seat belts and shoulder harnesses are provided at all seating locations.

When developing seat-belt-use policies, it must be stressed that § 38.23(d)(7) prohibits the use of the seat belt and shoulder harness in lieu of securing the wheelchair itself. Wheelchairs must be secured separately with a securement system.

Transit agencies can require all riders in complementary paratransit vehicles to use seat belts and/or shoulder harnesses, even if there is not a similar requirement on larger fixed route vehicles. In some cases, state law could require an operator to adopt such a policy based on size/weight of the vehicle. Nevertheless, unless prohibited by state law, FTA encourages transit agencies to have a policy that allows a rider to present documentation demonstrating that using seat belts and shoulder harnesses would pose a health hazard and allow that rider to travel without a seat belt and shoulder harness. Some states have waiver processes for individuals to complete as well, where state law normally requires seat belt use due to the type of vehicle operated.

For more information on seat belts, see DOT Wheelchair Q&A Guidance.

2.4.5Requesting that Riders Transfer to a Seat

Requirement

“The entity may recommend to a user of a wheelchair that the individual transfer to a vehicle seat. The entity may not require the individual to transfer” (§ 37.165(e)).

Discussion

Transit agencies may recommend to a user of a wheelchair that the individual transfer to a vehicle seat, but § 37.165(e) prohibits requiring the individual to transfer. As Appendix D to § 37.165 states, “The final decision on whether to transfer is up to the passenger.”

The regulations do not address the opposite scenario of riders wishing to transfer from their wheelchairs into vehicle seats. In these situations, FTA suggests honoring the request, but drivers are not required to lift the person or provide other attendant-type services to facilitate the transfer.

2.4.6Allowing Standees on Lifts/Ramps

Requirement

“The entity shall permit individuals with disabilities who do not use wheelchairs, including standees, to use a vehicle’s lift or ramp to enter the vehicle. Provided, that an entity is not required to permit such individuals to use a lift Model 141 manufactured by EEC, Inc. If the entity chooses not to allow such individuals to use such a lift, it shall clearly notify consumers of this fact by signage on the exterior of the vehicle (adjacent to and of equivalent size with the accessibility symbol)” (§ 37.165(g)).

Discussion

The requirement to allow standees on lifts applies to riders who use canes, crutches, walkers, or other assistive devices. It also includes riders with disabilities who do not use any type of assistive device or who may not have a visible or apparent disability. The Part 38 vehicle specifications require handrails on lifts to facilitate use of lifts by standees.

If riders ask to use lifts or ramps, § 37.165(g) requires drivers to honor such requests. It is not appropriate for drivers to ask riders to disclose their disabilities before being allowed to board as standees. Appendix D to § 37.165 explains that “standees with disabilities who do not use wheelchairs but have difficulty using steps (e.g., an elderly person who can walk on a level surface without use of a mobility aid but cannot raise his or her legs sufficiently to climb bus steps) must also be permitted to use the lift, on request.” The phrase “on request” is key.

Directory: sites -> fta.dot.gov -> files -> docs
docs -> Federal Transit Administration Safety Advisory 14-1: Right-of-Way Worker Protection
docs -> Alternative Fuels and Propulsion Vehicle Incentives
docs -> Job Access Reverse Commute (jarc) Program fy 2010 Service Profiles
docs -> Review of the new jersey transit corporation
docs -> Review of new Jersey Transit Corporation
docs -> Review of the jacksonville transportation authority
docs -> Jacksonville Transportation Authority Assessment of ada complementary Paratransit Service Capacity Constraints June 8-11, 1999
docs -> Final policy statement
docs -> 1200 New Jersey Ave, se washington, dc 20590

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