Wheelchair Securement

What is a “common wheelchair?”

Section 37.3 of the DOT’s regulations implementing the Americans with Disabilities Act of 1990 (ADA) (49 CFR Parts 27, 37, and 38) defines a “common wheelchair” as a mobility aid belonging to any class of three- or four-wheeled devices, usable indoors, designed for and used by individuals with mobility impairments, whether operated manually or powered. A “common wheelchair” does not exceed 30 inches in width and 48 inches in length measured two inches above the ground and does not weigh more than 600 pounds when occupied.

May a transit operator require common wheelchairs be secured to the vehicle?

Yes, provided that the transit operator has established such a policy. Section 37.165(c)(3) of the DOT’s ADA regulations allows a transit operator to establish a policy that requires all riders to have their common wheelchairs secured while aboard a transit vehicle. Therefore, the operator may decline to provide service to a rider who refuses to allow his or her common wheelchair to be secured.

“C-TRAN’s policy requires that all common wheelchairs be properly secured prior to moving the coach.”

Does a wheelchair user have to use the seatbelt and shoulder harness?

Under the broad nondiscrimination provisions in Section 37.5 of the DOT’s ADA regulations, a transit operator is not permitted to mandate the use by wheelchair users of seatbelts and shoulder harnesses, unless the operator mandates the use of these devices by all passengers, including those sitting in vehicle seats. For example, on fixed route buses, if none of the other passengers are required to wear shoulder belts, then neither can the person in the mobility device be required to do so.

Please contact Passenger Service at (360) 695-0123 with questions or comments.

Questions?
(360) 695-0123
TTY: (360) 695-2760
From Portland: (503) 283-8054
E-mail: ctran@c-tran.com