36 CFR PART 1192 Draft Revisions (4-11-07) to the ADA Accessibility Guidelines for Buses and Vans
Docket No. 2007-1 RIN 3014-AA38
Comments
Submitted by Gina Bertocci, PhD*, Lawrence Schneider, PhD, Tricia Karg, MSBME on behalf of the RERC on
Wheelchair Transportation Safety – a partnership between the University of Michigan, University of Pittsburgh,
University of Louisville, and University of Colorado
*University of Louisville, Mechanical Engineering, Rm 204 Health Sciences Research Tower, 500 S Preston St,
Louisville, KY 40202
Discussion of Revisions section
Requirement of 36 in wide route from vehicle entrance to securement location:
Comment: Without a 36 in wide route from the vehicle entrance to the securement location, wheelchair users
could face a problem of not being able to use “accessible” public transportation to reach an “accessible” building.
Therefore, a 36 in wide route from the vehicle entrance to the securement location is desirable.
“The seat belt and shoulder harness, the use of which is at the option of the passenger, are provided primarily for
persons with limited upper body strength who want additional stability.”
Comment: Paragraph 9, sentence 8 is an inaccurate statement. Lap and shoulder belts are necessary to provide
occupant protection, independent of the occupant’s strength and stability. Postural belts provided as an integral
component of a wheelchair are generally provided for postural support/stability. Evidence has shown that
wheelchair users who do not utilize lap and shoulder belts may be ejected from their wheelchairs even during
normal or emergency driving maneuvers, leading to increased injury risk. Serious injury may result in a crash due
to ejection from the wheelchair when wheelchair users travel without a lap and shoulder belt. ADA guidelines
should emphasize the importance of lap and shoulder belt usage during transportation to assure wheelchair user
safety.
“Seat belts and shoulder harnesses are currently required to comply with applicable provisions of 49 CFR 571.
The Board seeks comment on whether the Society of Automotive Engineers standard would be better.”
Comment: It is recommended that occupant restraints and securement devices comply with SAE J2249
Wheelchair Tiedowns and Occupant Restraints (WTORS) for Use in Motor Vehicles. This industry standard
requires that WTORS performance be evaluated under dynamic loading conditions.
“DOT permits transit operators to establish a policy not to require securement.”
Comment: DOT should disallow policies that do not require wheelchair securement. Such a practice does not
assure wheelchair user safety in transport and in fact, is in conflict with the intent “to duplicate, to the extent
possible, the requirement on all other bus seats that they remain affixed to the vehicle in the event of a crash,” as
stated in the Discussion of Revisions section.
1192.4 Miscellaneous instructions
(c)(2) General terminology:
Suggestion: Quotation marks should be placed as follows “where”, “where provided”, “when”.
1192.21 General
(b) Comment: This paragraph is confusing. The first and second sentences seem to contradict each other.
Suggestion: If there is a valid reason for retaining the 2nd sentence, please re-write this paragraph for clarity.
(c) Comment: The specification of a 30-inch wide securement location is in conflict with the Discussion of Revision section and 1192.23 (a)(2) that describe a 36 in wide securement location. Additionally, this paragraph is poorly written and allows for several different interpretations.
1192.23 Mobility aid accessibility; (b) Vehicle lift
General Suggestion: Lift requirements should include and be harmonized with NHTSA 49 CFR Part 571 Federal
Motor Vehicle Safety Standards; Platform Lift Systems for Accessible Motor Vehicles, Platform Lift
Installation on Motor Vehicles.
(b)(5) Platform barriers:
Comment: The loading edge barrier which functions as a loading ramp when the lift is at a boarding
and alighting area level, shall be sufficient when raised or closed, ….., to prevent a power wheelchair or
mobility aid from riding over or defeating it. Without a test method specified, it is not reasonable to
include a requirement that the edge barrier be sufficient to prevent a power wheelchair or mobility aid
from riding over or defeating it.
Suggestion: Specify a wheelchair retention test methodology or specify the height of the outer barrie
(b)(6) Platform surface:
Suggestion: Define “slip resistant” using a friction coefficient and specify a method of determining the
friction coefficient.
Comment: Figure 1 is the incorrect figure and does not relate to the lift platform surface.
(b)(8) Platform entrance ramp:
Suggestion: Replace “roadway” with “ground” to maintain consistent terminology.
1192.23 Vehicle ramps and bridgeplates
(c)(2) Surface:
Suggestion: Define “slip resistant” using a friction coefficient and specify a method of determining the
friction coefficient.
1192.23 Securement devices
(d)(1) Design Load:
Suggestions:
Wheelchair securement devices used in vehicles of GVWR <30,000 lbs should be required to comply
with SAE J2249 Wheelchair Tiedowns and Occupant Restraints (WTORS) for use in Motor Vehicles.
SAE J2249 is an industry standard that requires WTORS be evaluated under dynamic loading
conditions (20g, 30mph frontal impact), which more accurately represent crash conditions. For vehicles
of GVWR of >30,000 lbs (large transit buses), the proposed wheelchair securement device capacity
may be at a level in excess of that which is needed for safe transport. Crash data analysis has shown
that WTORS designed for a crash severity level of 3 g may provide appropriate levels of protection for
large transit buses [Blower, 2005]. Permitting WTORS to be designed to criteria that are more
appropriate to crash severity levels experienced by these vehicles, while still providing a suitable level
of protection, may lead to innovations that will promote increased use and usability.
Blower D, J Woodrooffe, Schneider L, Characterization Of Transit-Bus Accidents Resulting In Passenger Injuries For Use In Developing Alternative Methods For Transporting Wheelchair-Seated Travelers, International Truck & Bus Safety & Security Symposium, 2005.
Use of the term “clamping mechanism” should be eliminated, as clamping systems have been shown to not be able to withstand crash level forces, are didn’t to properly use and have damaged wheelchair during usage.
(d)(2) Location and size:
Comments:
The minimum clear floor space for the securement location should be greater than 30 in x 48 in. The 48
in length allocation may not be adequate to accommodate commonly used wheelchairs or mobility aids
[UK Dept of Transport, 2006]. Furthermore, the allowance for overlap between the clear floor area and
access route (Figures 1 and 2) may be hazardous to both the wheelchair user and other passengers
when the securement station is in use. If two wheelchair riders are occupying side-by-side securement
areas, clear floor space may not be adequate for passengers to move within the vehicle. Additionally,
the proposed securement locations allow for securement device hardware (anchor points, etc.) to be
installed in the aisle further creating a tripping hazard when the securement station is in use.
UK Dept of Transport – Mobility and Inclusion Unit, Hitchcock D, Hussey M, Burchill S, Galley M, A Survey of
Occupied Wheelchairs and Scooters, 2006.
Figures 1 and 2 do not include appropriate units, and require captions. Need to define “bay”.
Figure 1: It is unclear why the depth of this space is designated as x>24 in. A clear floor space that is 25 in deep can lead to a mobility aid protruding into an aisle. This diagram is confusing given that the same section states that the minimum clear floor space shall be 30 in x 48 in.
Figure 2: It is unclear why the depth of this space is designated as x>15 in. A clear floor space with a depth of 16 in will likely lead to mobility aids protruding into an aisle. This diagram is confusing given that the same section states that the minimum clear floor space shall be 30 in x 48 in.
(d)(3) Mobility aids accommodated:
Suggestion: Need to define “average dexterity” and require a test method to assess whether the
desired outcome is attained.
(d)(4) Orientation:
Suggestion: “Padded barrier” needs to be defined in terms of energy absorbance and flammability
characteristics. Barrier characteristics should comply with FMVSS 302 Flammability of Interior
Materials. With respect to the padded barrier location, “laterally centered immediately in back of the
seated individual” should be defined to assure proper positioning.
Comment: Rear-facing orientation should not be permitted in vehicles other than large transit vehicles and should be disallowed in smaller vehicles that may experience more severe crashes.
Comment: Such barriers need not be solid provided equivalent protection is afforded. How is “equivalent protection” defined and determined?
(d)(5) Movement:
Comment: In the absence of a defined test, limiting movement of the mobility aid to 2 in has little value.
Where is the excursion/movement of the wheelchair or mobility aid measured? What are the tolerances
around this limit, and how is it measured? What are “normal vehicle operating conditions”, and does
this include braking, turning, acceleration/deceleration? What test methods are to be used to assess
mobility aid movement? Is a surrogate wheelchair used to assess movement?
Suggestion: Test methods should be developed and clearly described to assess wheelchair movement during normal driving maneuvers. Otherwise, this requirement should be eliminated since wheelchair movement can be a function of wheelchair design, and may not be reflective of securement device performance.
(d)(7) Seat belt and shoulder harness:
Suggestions:
Use of the term “shoulder harness” is not consistent with general automotive terminology. A shoulder
harness typically incorporates both pelvic and shoulder restraints, and applies a restraining load to both
shoulders. “Shoulder harness” should be changed to “shoulder belt” or “shoulder restraint”.
Requirements for occupant restraints should be in compliance with SAE J2249 WTORS for use in Motor Vehicles.