Re Direction entering bus with a wheelchair

[Talking Hands]

Looks like it is up to the user as to which direction to enter a bus when using an electric wheelchair. While it says lift it seems to imply that in general it is up to the preference of the user. I am getting clarification from DOT and will post what I get back from them.


Disney is subject to the same US DOT regulations governing transportation under the Americans with Disabilites Act as your local transit agency. Appendix D to 49 CFR Part 37, Section 37.165 addresses the issue of boarding direction:

"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 that many persons
who use them are not able to rotate
their heads sufficiently to see behind. When
an electric wheelchair must back up a considerable
distance, this can have unfortunate
results for other people’s toes."

 

[SueM in MN]

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.

Thanks for the info.
it looks like there might be some "wiggle room" in there for the bus people to say there is an overriding safety concern, so when you get clarification, you might want to see how they define that.

 

[Talking Hands]

This is from another Jazzy owner on the Pride Users Board.


Also, please note that the term "direct threat" means a significant risk to the health or safety of _others_; i.e., not to yourself. The danger of tipping over backwards is a potential danger to *you,*, not to others, and therefore isn't a "direct threat" (it's also speculative, which also makes it not a direct threat). This is from US Department of Justice regtulations implementing TItle III of the ADA. It goes on to say:

"In determining whether an individual poses a direct threat to the health or safety of others, a public accommodation must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain: the nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures will mitigate the risk."

Finally, the accessibility standards for buses equipped with ramps require the least slope practicable, and limit the maximum slope of the ramp to 1:4 when deployed to the ground. If people are toppling over, it's a fair bet that the ramp is too steep...

 

[SueM in MN]

If people are toppling over, it's a fair bet that the ramp is too steep...

That seems like a pretty logical conclusion.

 

[Nanajo1]

Thanks Lisa.

 

[JudithM]

I know Lisa is talking about her own power chair, but I found it interesting last month that no two bus drivers followed the same rule/guideline when I got on the bus with the ECV. I had one bus driver tell me to come on the bus straight forward on an old bus with the lifts. That worried me since the heaviest part of the ECV & me were on the outside of the lift. Most bus drivers had me back onto the bus except for the new Gillig busses. Unfortunately I didn't get many Gilligs!

 

[SyracuseWolvrine]

Also, please note that the term "direct threat" means a significant risk to the health or safety of _others_; i.e., not to yourself. The danger of tipping over backwards is a potential danger to *you,*, not to others

If there happens to be someone standing behind/below the bottom of the wheelchair ramp, then tipping over backwards is also a potential danger to others.

 

[Talking Hands]

If the ramp is no more than the regulated 1:4 slope then the possibility of it tipping backwards it unlikely. In the case of my particular power wheelchair the chances are nil because the weight in not in the back but centered under the seat on either side of the seating (in other words the center of the wheelchair. The way my power wheelchair is setup it is more likely for me to tip forward getting off the bus and that is why I have anti-tip wheels in the front the wheelchair not the back. And if a slope is steeper than 1:4 I compensate by sifting my weight towards the back of the wheelchair. My large wheels are central and the swivel wheels are in back which is opposite of most wheelchairs both electrin and manual.