36 CFR Part 1192 Americans with Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles (2016 Non-Rail Vehicle Guidelines) - Preamble
T603 Wheelchair Securement Systems
The technical requirements in the 2016 Non-Rail Vehicle Guidelines for wheelchair securement systems include provisions on orientation, design load, movement, and rear-facing wheelchair securement systems. In the 2010 NPRM, with respect to requirements for orientation of wheelchair spaces and their accompanying securement systems, the Access Board essentially restated requirements in the existing guidelines: wheelchair securement systems must secure a wheelchair so that the occupant is facing the front or rear of the vehicle (i.e., no “side facing” securement is permitted), and, on large non-rail vehicles, at least one securement system must be forward facing. See 2010 NPRM, Section 403.2 & Advisory T403.2 Orientation.
A joint comment submitted by a consortium of transportation research centers urged the Access Board, for safety reasons, to restrict rear-facing wheelchair securement systems to large or slower-moving vehicles, such as large intra-city transit buses. Based on this comment, the orientation requirement for wheelchair securement systems has been revised in the final rule. Section T603.2 establishes a general requirement that wheelchair securement systems must be front facing. A new exception to T603.2 permits rear-facing securement systems “on large non-rail vehicles designed for use by both seated and standing passengers,” provided that at least one other wheelchair securement system is front facing.
Two commenters also suggested that the Access Board clarify (or define) what “normal operating conditions” means in the context of the requirement that wheelchair securement systems limit movement of occupied wheelchairs. See 2010 NPRM, T403.4 (providing that wheelchair securement systems must limit movement of occupied wheelchairs when, among other things, “the vehicle is operating in normal conditions”). In the 2010 NPRM, the text of this proposed section was accompanied by an advisory that states, in pertinent part: “Normal operating conditions are specific to the area where the vehicle operates. Vehicles that operate in hilly terrain or on winding roads will have more severe constraints than those operating in flat areas.” See 2010 NPRM, Advisory T403.4 Movement. These advisory materials are posted on the Access Board’s website.17 A similar advisory will accompany the text of T603.4 in the final rule, and will also be available on the agency’s website.
Additionally, a few commenters responded to Question 15 in the 2010 NPRM, which sought input on whether the Access Board should address four safety-related matters in subsequent rulemakings. See 2010 NPRM, 75 FR at 43753-54, Question No. 15. These recommendations related to: potential incorporation of forthcoming standards on wheelchair tiedown and occupant restraint systems used in motor vehicles (SAE Recommended Practice J2249 (June 1999)), wheelchair securement systems in small non-rail vehicles, movement under emergency driving conditions, and rear-facing compartmentalization.18 Several commenters, including a joint comment submitted by a consortium of two transportation research centers, recommended that the Access Board should adopt the standards in SAE Recommended Practice J2249 (June 1999) for front-facing wheelchair securement systems. Several other commenters expressed views on compartmentalization of rear-facing wheelchair positions. A large transit agency encouraged the Access Board to consider addressing specifications for rear-facing compartmentalization, which, it believes, offers the benefits of increasing independent access, reducing occupational hazards for vehicle operators, and reduces dwell times. Two other commenters, including a disability rights organization and a transportation research center, noted safety concerns and a need for further study.
The Access Board appreciates the input provided by these commenters on these areas, and will take their views under advisement in future rulemakings concerning transportation vehicles.
17 The Office of the Federal Register does not permit advisory materials to be published in the Code of Federal Regulations. Consequently, only the version of the proposed rule posted on the Access Board’s website includes advisory text and figures. The online version of the proposed rule, as well as other materials related to this rulemaking, can be found here: https://www.access-board.gov/guidelines-and-standards/transportation/vehicles/update-of-the-guidelines-for-transportation-vehicles.
18 SAE Recommended Practice J2249, Wheelchair Tiedown and Occupant Restraint Systems for Use in Motor Vehicles (June 9, 1999), as noted in the 2010 NPRM, was in the process of being updated and published as a voluntary consensus standard. See 75 FR at 43753 n. 18. In 2012, this recommended practice was indeed formally published as ANSI/RESNA WC-4: 2012, Section 18 “Wheelchair tiedown and occupant restraint systems for use in motor vehicles.”
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