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.
Alternatively, transit operators may adopt a policy that allows common wheelchairs to ride unsecured. If the rider wishes his or her wheelchair to be secured, however, the operator’s personnel must provide the requested assistance.
