36 CFR Part 1192 Americans with Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles (2016 Non-Rail Vehicle Guidelines) - Preamble

Wheelchair Securement Systems

The Access Board’s existing guidelines require buses, OTRBs, and vans to provide wheelchair securement systems that comply with specified technical requirements at each wheelchair space. The 2010 NPRM proposed two changes to these technical specifications based on transportation research that post-dated the issuance of the existing guidelines. See 2010 NPRM, 75 FR at 43752. First, in large non-rail vehicles with a gross vehicle weight rating of 30,000 pounds or more, the proposed rule reduced from 4,000 pounds to 2,000 pounds the minimum force that wheelchair securement systems must be designed to restrain in the forward longitudinal direction. This proposed revision was made in light of research showing that a lower design force would be sufficient to accommodate force generated on wheelchairs and their occupants in large non-rail vehicles under common conditions (e.g., maximum braking, maximum acceleration, frontal collision). Second, the proposed rule modified the technical requirements for rear-facing wheelchair securement systems by adding a specification for forward excursion barrier to the current technical requirements. The forward excursion barrier is a padded structure designed to limit forward movement of a rear-facing wheelchair and its occupant relative to the vehicle. Additionally, the 2010 NPRM also asked two questions seeking commenters’ views on potential cost savings from the proposed design force reduction and proposed technical requirements for forward excursion barriers. See 2010 NPRM, Question Nos. 13 – 14.

With respect to reducing the minimum design force for wheelchair securement systems, commenters to the 2010 NPRM expressed near universal support. Commenters who supported this proposal included several vehicle manufacturers, three public transit agencies, an individual with a disability, and an accessibility consultant. They applauded the proposed reduction in design force because it would, they believed, potentially foster more innovative designs that were lighter or easier to use than currently available securement systems. These commenters further opined that reducing the minimum design force would likely produce marginal (if any) cost savings. Only two commenters opposed the proposed reduction of the minimum design force, with one commenter (an equipment manufacturer) merely stating general opposition to the proposal and the other commenter (a public transit agency) expressing concern about safety in light of larger mobility devices and rising obesity levels.

The Access Board has decided to retain the proposed reduction in minimum design force for wheelchair securement systems in the final rule. The revised design force would potentially spur greater innovation in wheelchair securement systems (which is an area in need of new approaches), but without sacrificing safety given that the 2,000-pound specification is based on findings from transportation studies.

With respect to the proposed addition of technical specifications for forward excursion barriers in rear-facing wheelchair securement systems, commenters expressed mixed views. Those who supported inclusion of specifications for forward excursion barriers (including individuals with disabilities and a transit agency), noted that, while rear-facing wheelchair spaces were not yet commonly used on fixed route buses in the United States, it was nonetheless important to specify a standard to keep pace with potential future changes in transit system designs. Other commenters (including a research center and a bus manufacturer), did not oppose inclusion of requirements for forward excursion barriers, but instead took issue with the Access Board’s particular set of proposed specifications. They viewed the proposed requirements for forward excursion barriers as inadequate to protect wheelchair users. They suggested that, in the final rule, the Board should instead harmonize with international standards for rear-facing wheelchair securement systems, particularly since rear-facing wheelchair positions are much more common in Canadian and European public transportation systems. Finally, one transit agency objected outright to the inclusion of any requirement for forward excursion barriers.

In the final rule, the Access Board retains the requirement for forward excursion barriers for rear-facing wheelchair securement systems, but modifies the technical requirements for such barriers in response to commenters’ expressed concerns about the specifications in the proposed rule. Specifically, T603.5 requires rear-facing wheelchair securement systems to provide forward excursion barriers complying with ISO 10865-1:2012(E), “Wheelchair containment and occupant retention systems for accessible transport vehicles designed for use by both sitting and standing passengers — Part 1: Systems for rearward facing wheelchair-seated passengers.” The ISO standard specifies design and performance requirements and associated test methods for forward excursion barriers. The Board has determined that the added safety research used in the development of ISO 10865-1:2012(E), and its acceptance as a global standard, provide additional benefits to transit users and agencies that warrant its incorporation in the final rule.