Disability Law Index - Transportation: Wheelchairs

Regulations:

49 C.F.R. § 37.91 - Wheelchair locations and food service on intercity rail trains

(a) As soon as practicable, but in no event later than July 26, 1995, each person providing intercity rail service shall provide on each train a number of spaces-

(1) To park wheelchairs (to accommodate individuals who wish to remain in their wheelchairs) equal to not less than one half of the number of single level rail passenger coaches in the train; and

(2) To fold and store wheelchairs (to accommodate individuals who wish to transfer to coach seats) equal to not less than one half the number of single level rail passenger coaches in the train.

(b) As soon as practicable, but in no event later than July 26, 2000, each person providing intercity rail service shall provide on each train a number of spaces-

(1) To park wheelchairs (to accommodate individuals who wish to remain in their wheelchairs) equal to not less than the total number of single level rail passenger coaches in the train; and

(2) To fold and store wheelchairs (to accommodate individuals who wish to transfer to coach seats) equal to not less than the total number of single level rail passenger coaches in the train.

(c) In complying with paragraphs (a) and (b) of this section, a person providing intercity rail service may not provide more than two spaces to park wheelchairs nor more than two spaces to fold and store wheelchairs in any one coach or food
service car.

(d) Unless not practicable, a person providing intercity rail transportation shall place an accessible car adjacent to the end of a single level dining car through which an individual who uses a wheelchair may enter.

(e) On any train in which either a single level or bi-level dining car is used to provide food service, a person providing intercity rail service shall provide appropriate aids and services to ensure that equivalent food service is available to individuals with disabilities, including individuals who use wheelchairs, and to passengers traveling with such individuals. Appropriate auxiliary aids and services include providing a hard surface on which to eat.

(f) This section does not require the provision of securement devices on intercity
rail cars.

49 C.F.R. § 37.165 - Lift and securement use

(a) This section applies to public and private entities.

(b) All common wheelchairs and their users shall be transported in the entity's vehicles or other conveyances. The entity is not required to permit wheelchairs to ride in places other than designated securement locations in the vehicle, where such locations exist.

(c)

(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.

(d) 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.

(e) 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.

(f) Where necessary or upon request, the entity's personnel shall assist individuals with disabilities with the use of securement systems, ramps and lifts. If it is necessary for the personnel to leave their seats to provide this assistance, they shall do so.

(g) 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).

Case Law:

Keirnan v. Utah Transit Authority, 339 F.3d 1217 (10th Cir. 2003).

  • The regulations do not affirmatively require public transit authorities to carry mobility devices larger than a common wheelchair, regardless of the rider's eligibility. Rather, they state that "[a]ll common wheelchairs and their users shall be transported."

Disabled in Action of PA. v. National Passenger R.R. Corp., 418 F.Supp.2d 652 (E.D.Pa. 2005).

  • The reasonable modification requirement simply does not compel Amtrak to provide more storage space for the wheelchairs than required under Part B
  • Amtrak may assess fees for additional accommodations it makes available that are not compelled by the ADA or its regulations.

Levine v. Nat. Railroad Passenger Corp., 80 F.Supp.3d 29 (D.D.C. 2015).

  • Person with a service animal sued Amtrak over their alleged practice of storing luggage in "mobility aid" seating areas of Amtrak trains. When she travels on Amtrak, shebooks mobility aid seating, which features more open floor space in front of the seats than other seating on the train. She argued that her service dog is a "mobility aid" and therefore she is a beneficiary of the design requirements pertaining to mobility aids.
  • Title II of the ADA does not create a protected legal right for a disabled person using a service animal to sit in a mobility aid seating area or to demand that those seating areas be clear of baggage or other objects.